Disputed Fact
At trial, the court excluded evidence of Tina Peters’ asserted statutory duty to preserve federal election records under 52 U.S.C. § 20701, her claimed belief that the May 2021 “Trusted Build” software installation would destroy those records, and her motive for arranging the forensic imaging of Mesa County’s Dominion election equipment server. The trial court also refused Peters’ requested jury instruction on the “execution of public duty” affirmative defense under § 18-1-701, C.R.S., which would have asked the jury to consider whether her actions were required or authorized by law. Peters argued on appeal that these rulings collectively deprived her of a meaningful opportunity to present a complete defense.
Citations
Id. ¶ 86 (“Peters asserts that the trial court deprived her of a meaningful opportunity to present a complete defense by excluding various pieces of evidence.”); see also Peters’ Emergency Application for Writ of Injunction at 1–3 (U.S. Supreme Court No. 24A65, July 2024) (arguing federal duty under 52 U.S.C. § 20701 to preserve election records animated her conduct), available at https://www.supremecourt.gov/DocketPDF/24/24A65/318316/20240717165755115_In%20re%20Tina%20Peters%20Emergency%20Application%20for%20a%20Writ%20of%20Injunction.pdf