The Colorado Supreme Court issued one opinion on November 9. Read the case summary or full opinion, below.
In Re The People of the State of Colorado, In the Interest of Juvenile: A.E.R., and Concerning Parent or Guardian of A.E.R., Respondent. 2026 CO 68. In this C.A.R. 21 proceeding, the supreme court considers whether an individual who was charged as a juvenile in a delinquency petition is entitled to a preliminary hearing, notwithstanding the fact that a grand jury in a separate case against her adult co-defendants found probable cause on counts that concerned some of the same allegations underlying the charges against her.
The supreme court now concludes that under the plain and unambiguous language of section 19-2.5-609(1), C.R.S. (2026), of the Children’s Code, when a juvenile is accused in a petition of a delinquent act that constitutes a class 1, 2, or 3 felony, the juvenile is entitled to a preliminary hearing upon a proper demand therefor. Here, because the People charged the juvenile with delinquent acts that constitute a class 1, 2, or 3 felony, the juvenile was entitled to a preliminary hearing when she made a proper request for such a hearing, and the district court erred in denying her that statutory right.
Accordingly, the court makes its order to show cause absolute and remands this case to the district court for further proceedings consistent with this opinion. Read the opinion.