Fisher v. Colorado
Annotate this CaseOn the third day of Gregory Fisher’s trial for five counts of sexual assault on a child, and after the prosecution had presented the majority of its case, the prosecution moved to amend the date range of the charged offenses. The proposed amendment expanded the date range for the charged offenses by approximately six weeks from the original complaint and information. The trial court granted the motion over defense counsel’s objection. The jury ultimately found Fisher guilty on all five counts. On appeal, Fisher contended the amendment prejudiced his right to present his defense. A divided Colorado court of appeals disagreed with this contention and affirmed conviction, holding that the amendment was not one of substance and did not prejudice Fisher's substantial rights. The Colorado Supreme Court disagreed, holding that while expanding the date range does not automatically prejudice a defendant’s substantial rights, under the totality of the circumstances of this case, the mid-trial amendment here prejudiced Fisher’s substantial right to fully prepare and present his alibi defense. Judgment was reversed, the conviction vacated, and the matter remanded for a new trial.
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