Marko v. Colorado

Nineteen-year-old J.L. was reported missing after she failed to return home on the evening of October 10, 2008. Following a search of the family computer, officers from the El Paso County Sheriff’s Office (EPCS) determined that J.L. received a message through an online social–network platform, from a person with the username “Rex290.” The message suggested that the two “get together” the following day. The police identified “Rex290” as defendant Robert Hull Marko, a soldier stationed at Fort Carson. Marko would ultimately be convicted by jury of J.L.'s first degree murder and sexual assault. Marko appealed, arguing: (1) the trial court impermissibly denied his request to strike a juror for cause because of that juror’s views on the defense of not guilty by reason of insanity; and (2) he was in custody and under interrogation before he was informed of his Miranda rights such that certain statements he made should have been excluded at trial. Because the Colorado Supreme Court disagreed with both of Marko’s contentions, it affirmed the decision of the court of appeals, though on different grounds. View "Marko v. Colorado" on Justia Law