2015 CO 2
Colo.2015Background
- Michael Blagg was convicted of first-degree murder in 2004 and sentenced to life without parole; years later a trial court granted him a new trial based on juror misconduct and vacated the conviction in 2014.
- Before conviction, bond had been set in 2002 at $500,000 cash or surety; that bond was discharged by conviction and Blagg was ineligible for post‑trial bond while convicted of murder.
- After vacatur, defense asked for a bond hearing to be set on October 27, 2014; the trial court instead issued an order immediately reinstating the December 24, 2002 $500,000 bond without holding a hearing.
- The district attorney objected, arguing the reinstatement denied victims (the decedent's family) their rights under the Victims' Rights Amendment (VRA) and that changed circumstances warranted reconsideration of bond.
- The trial court denied an emergency stay; the district attorney petitioned the Colorado Supreme Court under C.A.R. 21. The Supreme Court issued and made absolute an order to show cause, vacating the reinstatement and remanding for a bond hearing at which the victim's family can be heard.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court could reinstate the pretrial bond without a hearing after granting a new trial | Reinstatement without a hearing violated statutory and evidentiary requirements; changed circumstances must be considered | The pretrial bond remained in effect and could be reinstated; no VRA issue | When a new trial is granted the conviction is vacated and the defendant is restored to pre-charge status; because conviction discharged prior bond, defendant must be held without bond until he requests bail and a hearing is held |
| Whether a capital defendant must be held without bond until he requests admission to bail and a hearing is held | Prosecutor: bond-setting requires current consideration; defendant should not be entitled to automatic reinstatement | Blagg: trial court's action was permissible and not a VRA violation | In capital cases defendant must be held without bond until he files a written motion for admission to bail and the court holds a hearing; only then may bond be set (or denied upon proof evident/presumption great) |
| Whether the bond hearing (or any court action on a capital defendant's admission to bail) is a "critical stage" under the VRA requiring victims' opportunity to be present and heard | District attorney: VRA entitles alleged victim/family to be present and heard at any critical stage relating to bond in capital cases | Blagg: initial or administrative bond settings are not subject to VRA participation requirements | The VRA (and enabling statutes) treat any court action on a capital defendant's motion for admission to bail as a critical stage; alleged victim or surviving family must be present and heard at the bond hearing |
| Whether the trial court's immediate reinstatement of the 2002 bond without a hearing violated the VRA and must be vacated | VRA violation because no hearing and no victim participation | Reinstatement was merely restoring status quo and not a bond modification triggering VRA | The Supreme Court vacated the reinstatement, ordered a remand for a bond hearing, and held the victim's family has the right to be present and heard |
Key Cases Cited
- Balltrip v. People, 157 Colo. 108, 401 P.2d 259 (abuse of discretion review of bail setting) (Colo. 1965)
- Yording v. Walker, 683 P.2d 788 (bail exception for capital cases when proof is evident or presumption great) (Colo. 1984)
- Orona v. Dist. Court, 184 Colo. 55, 518 P.2d 839 (mere filing or bindover not equivalent to finding proof is evident or presumption great) (Colo. 1974)
- Tribe v. Dist. Court, 593 P.2d 1369 (first-degree murder is a capital offense for bail purposes) (Colo. 1979)
- People v. Campbell, 738 P.2d 1179 (granting new trial vacates judgment; issues stand as if never tried) (Colo. 1987)
- Shanks v. Dist. Court, 385 P.2d 990 (where defendant requests bail in capital case, court must hold a proof-evident/presumption-great hearing) (Colo. 1963)