People v. Berry
2011 Colo. App. LEXIS 1643
Colo. Ct. App.2011Background
- Berry, recently divorced, travels to hospital emergency room seeking help; he makes threats to kill several individuals including the judge; a mental health evaluator assesses him and later informs others that Berry was a danger; the evaluator did not initially inform Berry of her duty to report, but later did warn relevant parties; Berry is arrested and charged with retaliating against a judge under section 18-8-615; the district court instructs based on the statute as written, and Berry is convicted; on appeal, Berry challenges the interpretation of the knowledge requirement and the sufficiency of the evidence; the court reverses the conviction without addressing his First Amendment claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is knowledge of the reporting duty required under 18-8-615(1)(b)(ID)(B)? | Berry argues he did not know the evaluator was obligated to report. | The state argues no knowledge of the duty is required by the statute. | Yes; knowledge of the reporting duty is required. |
| Was there sufficient evidence Berry knew the evaluator was under a duty to report when he spoke to her? | No evidence shows prior knowledge of reporting duty. | Evidence could support knowledge of duty to report; jury could infer. | No sufficient evidence; conviction reversed. |
Key Cases Cited
- People v. Coleby, 34 P.3d 422 (Colo.2001) (statutory interpretation and mens rea principles in Colorado)
- People v. Hickman, 988 P.2d 628 (Colo.1999) (statutory interpretation and legislative intent guidance)
- People v. McIntier, 134 P.3d 467 (Colo.App.2005) (read statute as a whole; avoid defeating legislative intent)
- People v. Cross, 127 P.3d 71 (Colo.2006) (analysis of mens rea across elements)
- Lehnert v., 163 P.3d 1111 (Colo.2007) (standard for sufficiency of evidence to support conviction)
- People v. McNeely, 222 P.3d 370 (Colo.App.2009) (sufficiency review in reversal context)