Colorado v. Brothers
Annotate this Case
The State appealed the denial of a motion to quash subpoenas that Respondent John Brothers served on the parents of an alleged child-victim of sexual assault. The subpoenas ordered the parents to appear at Respondent's preliminary hearing and to bring their minor son, the alleged victim. The State argued in its motion that the victim's testimony was not necessary for the probable cause determination, and that he stood to suffer unnecessary psychological harm if required to appear. Upon review, the Supreme Court concluded the county court abused its discretion in refusing to consider the motion to quash at the preliminary hearing. The Court agreed with the State that there was a possibility of harm to the child even if he was not ultimately required to testify.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.