Buell v. Colorado

Defendant Francis Buell was caught shoplifting twice within a one-and-a-half month span: once at a department store, once at a supermarket. The prosecution initially charged Buell in separate cases arising from these incidents but subsequently moved to consolidate the cases under Crim. P. 13. The trial court granted that motion. The Colorado Supreme Court granted certiorari to consider Buell’s contention that the trial court abused its discretion in consolidating the two cases because, in his view, proper consolidation required the evidence of each incident to be admissible in a separate trial of the other. The Supreme Court had “no difficulty” in concluding the cases were of the same or similar character because the facts of these cases closely mirrored one another. Moreover, Buell did not show the consolidation was prejudicial because (1) the evidence would, in fact, have been cross-admissible in separate trials and (2) the facts of the incidents at issue were not disputed. Accordingly, the Supreme Court affirmed the trial court’s consolidation. View "Buell v. Colorado" on Justia Law