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IN RE: The PEOPLE of the State of Colorado, Plaintiff, v. Mark Allan HOCHWENDER, Defendant.
ORDER OF COURT
Being duly advised in the premises, the Court hereby MAKES THE ORDER ABSOLUTE without opinion under C.A.R. 21(o). The Court concludes that the so-called “dream journals” are not within the possession or control of the prosecuting attorney. Crim. P. 16(I)(a)(1), (2). Crim. P. 16(I)(a)(3) is inapposite. And “Crim. P. 16(I)(d)(1) does not provide broad power to the courts to grant criminal defendants access to a non-party's private property.” People in the Interest of E.G., 2016 CO 19, ¶ 16, 368 P.3d 946. Any other arguments not explicitly addressed here are also rejected. Accordingly, the district court order imposing sanctions is vacated, and the case is remanded to the district court for further proceedings. This order does not affect the pages of the “dream journals” previously produced to the defendant by the prosecution.
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Docket No: Supreme Court Case No: 2024SA320
Decided: April 25, 2025
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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