In re Colorado v. Chavez
Annotate this CaseDefendant Saul Chavez was charged with one count of sexual assault. The alleged victim lived in a home with other members of her family. The State alleged that Chavez, a family friend, had been allowed to stay the night at the victim’s house after drinking alcohol late into the evening. The State further alleged that Chavez entered a bedroom where the victim was asleep, where he engaged in sexual intercourse with her, without her consent, while she was physically helpless. Chavez filed a motion requesting court-ordered access to the home (the scene of the alleged crime). He argued that he needed access in order to “be able to investigate and photograph the property for his defense.” Chavez cited Crim. P. 16(I)(d) in support of his motion, arguing that, under that rule, the court had “discretionary power” to order the disclosure of “relevant material and information.” The issue this case presented for the Colorado Supreme Court's review was whether a trial court had the authority to grant a defendant’s discovery motion seeking access to the private residence of a non-party. The Court held that the trial court lacked the authority to order such access, and abused its discretion by its order.
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