Colorado v. Bueno

A jury found state-prison inmate David Bueno guilty of first-degree murder and conspiracy in a case concerning a white inmate’s death. The case took more than two months to try, involved hundreds of motions, and generated tens of thousands of pages of discovery. Fifteen months after Bueno’s conviction (but before he was sentenced) the prosecution disclosed two reports that had been in its possession since the first days of the investigation. Arguing that this belated disclosure violated Brady v. Maryland, 373 U.S. 83 (1963), Bueno moved for a new trial under Crim. P. 33(c). The trial court, which had presided over the entirety of this case, found a discovery violation and determined that a new trial was warranted. A division of the court of appeals affirmed in a split opinion. The two issues this case presented for the Colorado Supreme Court’s review were: (1) whether Bueno’s Rule 33(c) motion was time-barred because he filed it more than a year after his conviction, and thus arguably more than a year after “entry of judgment;” and (2) whether the trial court erred in concluding that the prosecution violated Brady’s disclosure requirement, and specifically, whether the trial court abused its discretion in concluding that the evidence at issue was material and that the prosecution violated Crim. P. 16. As to the first issue, the Supreme Court held that “entry of judgment” for purposes of Rule 33 occurs after delivery of a verdict of guilt and imposition of a sentence, as applied here, Bueno’s motion was not time-barred. As to the second issue, the Court found “no clear error” in the trial court’s factual findings, and therefore did not abuse its discretion in ordering a new trial. View "Colorado v. Bueno" on Justia Law