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Colorado Supreme Court - 999 P.2d 207
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The district court erred in dismissing the charges against Nathan Hall for reckless manslaughter, as the prosecution provided sufficient evidence to show probable cause that Hall's skiing conduct created a substantial and unjustifiable risk of death to another person, resulting in Allen Cobb's death. The Colorado Supreme Court is considering whether the district court erred in establishing the level of substantial risk of death for probable cause and whether the district court neglected evidence specific to the case in affirming the county court's dismissal of a manslaughter charge. The court clarifies that in criminal cases, the prosecution must prove that the person acted with the required culpable mental state in addition to committing the prohibited act. The court examines the elements of recklessness and clarifies that different definitions for mental states were used in the past, causing confusion about what the prosecution had to prove.
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