McCoy v. Colorado

The Colorado Supreme Court granted certiorari review of a court of appeals' decision affirming David McCoy's convictions for two counts of unlawful sexual while engaged in the treatment or examination of a victim for other than bona fide medical purposes (a class four felony). On appeal, McCoy argued the evidence was insufficient to support his conviction. The charges at issue stemmed from McCoy’s interactions with two young men, P.K. and G.M., who met with McCoy believing that they were interviewing and training for possible jobs with him. McCoy subsequently had them come to his apartment for what he represented would be job interviews and initial training. At some point during each of these meetings, McCoy told the young men that he needed to conduct a physical examination of them, allegedly to make sure that they were physically fit and able to do the supposed job. The police became involved in 2009, when P.K. contacted them following his encounter with McCoy. In a split published opinion, the appellate court affirmed, rejecting the State's argument regarding the standard of review, holding that appellate courts review claims of insufficient evidence de novo, even if the defendant did not raise such claims at trial. Proceeding then to interpret section 18-3-404(1)(g), C.R.S. (2018) in light of this standard, the division concluded that the provision unambiguously applied to someone in McCoy’s position because the statutory language did not restrict the provision’s application to medical professionals or those claiming to be medical professionals but rather applied to “any actor.” The appellate court thus concluded that the prosecution had presented sufficient evidence to sustain McCoy’s convictions. The Colorado Supreme Court initially concluded, as did the majority of the court of appeals, that sufficiency of the evidence claims could be raised for the first time on appeal and were not subject to plain error review. The Court determined 18-3-404(1)(g) was not facially overbroad nor unconstitutionally vague, and that the prosecution presented sufficient evidence to support McCoy's convictions. View "McCoy v. Colorado" on Justia Law