The People of the State of Colorado, Petitioner/cross-Respondent v. Joe Vigil, Respondent/cross-Petitioner

Summary

The court reinstated Vigil’s conviction, holding that the child’s statements to the doctor, father, and father’s friend were non-testimonial and admissible under the applicable hearsay and confrontation standards. Although the videotaped police interview was testimonial, its admission was not plain error because other evidence provided an ample basis for conviction. The court also held that sexual assault on a child is a general-intent offense, making voluntary intoxication unavailable as a defense. Justice Bender, joined by Justice Martinez, would have held the doctor’s statements testimonial and inadmissible, while Justice Coats specially concurred regarding the unresolved state-constitutional unavailability issue.