On December 15, 2025, the Colorado Supreme Court ruled that vehicular homicide—DUI is no longer a “per se grave and serious” offense for purposes of proportionality review. See, People v. Kennedy, 580 P.3d 1167 (Colo. 2025).
The Court’s ruling was the culmination of many years of litigation. Patrick Mulligan initially filed a Motion for Postconviction Relief, pursuant to Rule 35(c), in the trial court. When the court denied that motion without a hearing, Patrick appealed the denial to the Colorado Court of Appeals.
On September 21, 2023, the Court of Appeals ruled that vehicular homicide was no longer a per se grave and serious offense, but affirmed the Defendant’s sentence. See, People v. Kennedy, 541 P.3d 11, (Colo. App. 2023). Both parties appealed.
The Supreme Court affirmed the lower court’s ruling and extended it. For the first time, an appellate court in Colorado has ruled that a criminal offense that requires no proof of the Defendant’s mental state, like vehicular homicide, cannot be considered a per se grave and serious offense on proportionality review. Even more encouraging, two of the Supreme Court Justices agreed with Patrick that the “per se” designation should be abolished. This should lead to further litigation on the abolition of this unnecessary and unconstitutional designation.
Patrick Mulligan has extensive experience in proportionality litigation, at both the postconviction and appellate stages. With 39 years of experience in trial, appellate, and postconviction (Rule 35c) litigation, Patrick is prepared to handle even the most complex criminal cases. If someone you know needs assistance with a postconviction or appellate matter contact us at 303-295-1500.