Galvan v. Colorado
Annotate this CaseThe Colorado Supreme Court revisited a question left open in Castillo v. Colorado, 421 P.3d 1141 (2018): When a trial court instructs the jury on the affirmative defense of self-defense, what quantum of proof is required to instruct the jury about an exception to that defense? The State urged the Supreme Court to adopt “some evidence” as the controlling standard. Defendant Jose L. Galvan, Sr. sought a heightened standard—substantial and sufficient evidence for a reasonable juror to conclude that there were facts establishing the exception beyond a reasonable doubt. The Supreme Court held that when a trial court instructs the jury on the affirmative defense of self-defense, it should instruct the jury on an exception to that defense if there is some evidence to support the exception. In determining whether the trial court properly instructed the jury on the provocation exception here, a division of the court of appeals correctly found that there was some evidence to support the exception. "the trial court’s provocation instruction, in addition to prudently tracking the governing statute and the Colorado Model Criminal Jury Instructions, made clear to the jury that for Galvan to forfeit the affirmative defense of self-defense, he had to have provoked the same person as to whom he was asserting self-defense.
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