Latest Case: Colorado v. Jackson (Constitutional Law)

Reflections on Our First Two Female Supreme Court Justices

MARCI A. HAMILTON

In honor of the late Justice Ruth Bader Ginsburg, University of Pennsylvania professor Marci A. Hamilton and former clerk to Justice Sandra Day O’Connor, reflects on our country’s first two female Supreme Court Justices and their similarities and differences. Hamilton points out that a majority of Americans support a woman’s right to choose abortion in at least some circumstances and the right to contraception and warns the President and the Senate to think long and hard before they replace Ginsburg on the fly with a someone who is a threat to abortion and contraception.

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Colorado v. Jackson

Citation: 2020 CO 75

Opinion Date: September 21, 2020

Judge: Samour

Areas of Law: Constitutional Law, Criminal Law

Brandon Jackson was convicted, as a complicitor, of both first degree murder and attempted first degree murder after his codefendant aimed at, shot, and killed Y.M. under the mistaken belief that Y.M. was E.O. The Colorado Supreme Court held that the Double Jeopardy Clauses of the federal and state constitutions dictated that Jackson could not stand convicted of both first degree murder and attempted first degree murder because elements of attempted first degree murder were a subset of the elements of first degree murder, and this particular attempted first degree murder was not factually distinct from this particular first degree murder. Contrary to the State's assertion, the shooter did not attempt to kill E.O. when he aimed at and shot Y.M. Rather, in aiming at and shooting Y.M., the shooter intended and attempted to kill Y.M., the same person he actually killed. "That the shooter wanted to kill E.O. and mistakenly believed Y.M. was E.O. is of no moment." Therefore, Jackson’s convictions for first degree murder and attempted first degree murder were based on the same criminal conduct and relate to the same victim (Y.M.). The Court held the trial court plainly erred in entering convictions and imposing sentences for both offenses at issue here. The matter was remanded to the trial court to vacate Jackson's conviction and sentence for attempted first degree murder.