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IN RE: The PEOPLE of the State of Colorado, Plaintiff v. Joshua MCFARLAND, Defendant
ORDER OF COURT
Upon consideration of the Petition for Rule to Show Cause Pursuant to C.A.R. 21, the responses filed by the Defendant and the District Court, and Petitioner's reply brief, and now being sufficiently advised in the premises,
IT IS HEREBY ORDERED as follows:
The Rule to Show Cause, issued by this court on January 26, 2024, is DISCHARGED.
The District Court's oral ruling on January 4, 2024 and related written order dated January 11, 2024 shall stand.
Specifically, to the extent the video of the victim's 2022 forensic interview is introduced, defense inquiry that goes beyond what the victim herself referenced in her 2022 forensic interview will not be permitted. Accordingly, defense counsel may not inquire as to the specifics of the victim's prior assault, including the charges brought in that case or its disposition, and may not attempt to demonstrate to the jury that the victim falsely reported her prior assault based on the outcome of that incident. Similarly, defense counsel may not inquire as to the specifics of the victim's prior interview regarding the prior assault.
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Docket No: Supreme Court Case No: 2024SA28
Decided: May 17, 2024
Court: Supreme Court of Colorado.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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