## Facts

- The district attorney filed an original proceeding in the Colorado Supreme Court under C.A.R. 21 after the district court dismissed a criminal information at a preliminary hearing.
- In the underlying case, the defendant was charged with two counts of rape and one count of second-degree kidnapping under Colorado statutes.
- At the preliminary hearing, the complaining witness testified that the defendant abducted her against her will, took her in a van to an open field, physically abused her, and twice had nonconsensual sexual intercourse with her, after which she escaped and contacted police.
- The defense presented testimony from a coworker who contradicted aspects of the complaining witness’s account, including events before the alleged crimes and statements suggesting a prior sexual relationship.
- The trial judge concluded the contradictions were so material that he could not separate truth from falsity, disregarded the complaining witness’s testimony in full, and dismissed the information for lack of probable cause.

## Issues

1. Whether a preliminary-hearing judge may disregard the complaining witness’s testimony in its entirety based on contradictions and dismiss the information for lack of probable cause.
2. Whether the trial court abused its discretion by resolving credibility conflicts against the prosecution rather than determining whether evidence existed to support probable cause when viewed favorably to the prosecution.

## Decision

- The Colorado Supreme Court made the rule to show cause absolute.
- The Court set aside the dismissal order and directed the district court to reinstate the criminal information.
- The Court held the trial court misapplied the preliminary-hearing standard by weighing credibility and resolving testimonial conflicts against the prosecution at the probable-cause stage.

## Legal Principles

- A preliminary hearing is a screening procedure to determine whether probable cause exists that the accused committed the charged crimes; it is not a determination of guilt.
- Probable cause requires evidence sufficient to induce a person of ordinary prudence and caution to entertain a reasonable belief that the defendant committed the offense.
- At a preliminary hearing, evidence must be viewed in the light most favorable to the prosecution, and reasonable inferences must be resolved in the prosecution’s favor.
- When testimony conflicts, the conflict presents a factual matter for the jury; the preliminary-hearing judge must not finally decide credibility by rejecting the prosecution’s evidence where, if believed, it establishes probable cause.

## Conclusion

The Colorado Supreme Court reinstated the charges because the district court exceeded the limited role of a preliminary hearing by rejecting the complaining witness’s account based on conflicting defense testimony, rather than determining whether her testimony, viewed favorably to the prosecution, established probable cause.


Hunter v. District Court, 543 P.2d 1265 (Colo. 1975)