Colorado v. Palmer, 964 P.2d 524 (Colo. 1998)

  • Facts: ∆ Aaron Palmer fired a gun into a crowd. Convicted of conspiracy to commit reckless manslaughter. Palmer argued the offense is not cognizable—conspiracy demands specific intent, but reckless manslaughter is by definition unintentional.
  • Issue: Whether conspiracy to commit reckless manslaughter is a cognizable crime.
  • Rule: It is not. The specific intent required for conspiracy cannot be reconciled with the conscious-disregard mens rea required for reckless manslaughter.
  • Analysis: Conspiracy requires intent both to perform the act and to cause the consequences. Reckless manslaughter requires only that ∆ consciously disregard a substantial and unjustifiable risk of death. To conspire to recklessly kill is a logical and legal impossibility.
  • Judgment: Court of appeals reversed; conspiracy conviction dismissed.

Reading: pp. 342–50. See Mens Rea.