Friday, November 15, 2013

Marquiz v. People case brief

Marquiz v. People case brief summary
726 P.2d 1105 (1986)

Petitioner challenged the decision of the Colorado Court of Appeals, which sustained his conviction for first-degree murder and for conspiracy to commit first-degree murder.

Petitioner was convicted of first-degree murder and conspiracy to commit first-degree murder. Petitioner had planned on murdering the victim. With the help of two others, petitioner carried out the plan. Each of the perpetrators was tried in separate proceedings. Petitioner's two accomplices were both acquitted of the conspiracy charge.

  • On appeal, petitioner argued that he could not properly be convicted of conspiracy after his cohorts had been acquitted. 
  • The court held that in light of the position of the majority of jurisdictions, the rule of consistency was inapplicable where all the alleged co-conspirators were not tried in the same proceeding. 
  • Since there was a multiplicity of factors that could lead to different results in separate proceedings, there was no inherent inconsistency when different juries returned different verdicts in separate trials.

The court affirmed the judgment sustaining petitioner's conviction, because the rule of consistency did not apply where all the alleged co-conspirators were tried in separate proceedings.

Recommended Supplements for Criminal Law

No comments:

Post a Comment

Exploring Career Paths: What Can You Do with a Juris Doctor Degree?

Earning a Juris Doctor (JD) degree is a significant accomplishment, opening a wide array of career paths beyond the traditional legal practi...