Colorado v. Santana
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In 2009, the Court of Appeals reversed Defendant Gonzalo Santana's conviction for distribution of a controlled substance, concluding that the prosecution had violated his constitutional rights by shifting the burden of proof to him at trial. According to the appellate court, the prosecutor shifted the burden by cross-examining the defense expert about his ability to perform conclusive tests which established that the expert could have run such tests. The prosecution then emphasized that testimony in its closing argument. Upon review, the Supreme Court reversed the Court of Appeals. The Court concluded that the prosecutor did not shift the burden of proof to the defendant. The Court found that defense counsel "opened the door" by questioning the expert about his ability to conduct conclusive tests. In light of the whole record, the Court reasoned that the prosecutor's questions and comments were "likely not meant to shift the burden of proof, but to highlight the strength of the prosecution's case."
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