(DOWNLOAD) "Walker v. People" by Colorado Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Walker v. People
- Author : Colorado Supreme Court
- Release Date : January 25, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
On June 10, 1965, Walker filed a motion which is now the subject matter of this review. He alleged, among a number of contentions in his motion, that he had been denied a fair and impartial trial by reason of massive and hostile publicity concerning him and his case. The trial court denied the motion summarily on the ground that the petition on its face was not legally sufficient to entitle Walker to any relief. Walker was not given an opportunity at that time to present anything of an evidentiary nature in support of his 35(b) allegations that his constitutional rights had been violated. When Walker came to this court at that time challenging the Boulder district courts summary dismissal of the motion, the attorney general advised the court that although most of the matters asserted by Walker had either been considered and rejected by this court in first Walker, or could be summarily disposed of on the basis of the record, the allegation concerning the massive and inflammatory pre-trial publicity and whether it was such as to violate Walkers constitutional right to a fair trial, could only be resolved after a full evidentiary hearing. We thereupon in what we will refer to as second Walker (Walker v. People, 160 Colo. 286, 417 P.2d 14) reversed the trial court and remanded the cause with directions that Walkers allegations be considered under the ruling of Sheppard v. Maxwell, 384 U.S. 333, 86 S.Ct. 1507, 16 L.Ed 2d 600.
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