Colo.S.Ct. Nov. 9, 2009

Colorado Supreme Court OpinionsNovember 9, 2009

No. 09SA182. In re People v. Nichelson. Waiver of Preliminary Hearing—District Court Authority to Restore Preliminary Hearing—Involuntary Waiver—Plea Agreements—Rule to Show Cause Absolute. In this original proceeding pursuant to C.A.R. 21, the Supreme Court held that a district court has the authority to restore a defendant’s right to a preliminary hearing where waiver of that right was based on a miscommunication of the plea agreement. Because the district court concluded that it could not reach the issue of whether defendant Nichelson’s waiver was effective, the Court returned that issue to the district court for resolution.