Robert Ray is an inmate on death row in the state of Colorado.
Petitioner Robert Ray sought review of the court of appeals’ affirming his convictions for attempted first degree murder, first degree assault, and accessory to first degree murder. The appellate court rejected Ray’s claim that one of the self-defense-related instructions given by the district court implicitly shifted the burden of proof to him by improperly imposing conditions on the availability of that affirmative defense; and in the absence of any record indication that the jury later watched a recorded witness interview admitted as an exhibit at trial, the appellate court declined to address his claim that the district court abused its discretion in allowing the jury unrestricted access to that recording. After review, the Colorado Supreme Court affirmed. Because the language of the instruction in question did not permit the jury to reconsider the court’s determination, based on the evidence at trial, that the affirmative defense of person was available to Ray, and because the jury was properly instructed concerning the State’s burden to disprove that, and any, affirmative defense, the district court did not err in instructing the jury as to his assertion that he acted in defense of himself and a third person. Although error resulted from the district court’s reliance on later-overruled case law permitting the jury to have unrestricted access to the exhibit in question, when the content of that exhibit is compared with the other evidence admitted at trial, the error was harmless.
Colorado State Penitentiary
P.O. Box 777
Cañon City, CO, 81215
People v Ray
Crime
According to the Denver Post, Ray, 33, was the mastermind behind the 2005 execution of two people who were going to testify against him in another murder trial in Arapahoe County. Ray had fired shots during a 2004 party at Lowry Park where Gregory Vann, 20, was killed and Javad Marshall-Fields was wounded. Ray ordered the killing of Marshall-Fields and his fiancee, who were witnesses in the Lowry Park shooting.Petitioner Robert Ray sought review of the court of appeals’ affirming his convictions for attempted first degree murder, first degree assault, and accessory to first degree murder. The appellate court rejected Ray’s claim that one of the self-defense-related instructions given by the district court implicitly shifted the burden of proof to him by improperly imposing conditions on the availability of that affirmative defense; and in the absence of any record indication that the jury later watched a recorded witness interview admitted as an exhibit at trial, the appellate court declined to address his claim that the district court abused its discretion in allowing the jury unrestricted access to that recording. After review, the Colorado Supreme Court affirmed. Because the language of the instruction in question did not permit the jury to reconsider the court’s determination, based on the evidence at trial, that the affirmative defense of person was available to Ray, and because the jury was properly instructed concerning the State’s burden to disprove that, and any, affirmative defense, the district court did not err in instructing the jury as to his assertion that he acted in defense of himself and a third person. Although error resulted from the district court’s reliance on later-overruled case law permitting the jury to have unrestricted access to the exhibit in question, when the content of that exhibit is compared with the other evidence admitted at trial, the error was harmless.
Address
Robert Ray, 133752Colorado State Penitentiary
P.O. Box 777
Cañon City, CO, 81215
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The Denver PostPeople v Ray
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