CO: Abuse of discretion standard applies to expanding search issues on remand

The abuse of discretion standard applies to trial courts permitting the parties to make additional arguments or put on additional evidence on remand within the scope of the remand. The appellate court’s standard is rejected. People v. Tallent, 2021 CO 68, 2021 Colo. LEXIS 884 (Sept. 27, 2021). The court’s syllabus:

In this case, the supreme court reviews the division’s announcement of a new two-step, multifactor test that a trial court would be required to apply when exercising discretion on remand to entertain new arguments and evidence from either party in its resolution of any remaining suppression-related issues not foreclosed by the decision of the appellate court. The supreme court rejects the division’s approach as departing from the decision in People v. Morehead, 2019 CO 48, 442 P.3d 413. Further, based on the existing record in Tallent’s case, the supreme court also concludes that the trial court did not err in considering the People’s new arguments on remand. Accordingly, the supreme court reverses the division’s judgment and remands for consideration of Tallent’s remaining arguments on appeal.