Juvenile Law Center filed an amicus brief in support of Flake’s appeal before the Colorado Supreme Court involving a challenge to Colorado's "direct file" statute. Juvenile Law Center argued that the statute violated equal protection guarantees in both the United States and Colorado Constitutions as well as separation-of-powers principles, and denies the defendant due process because it allowed Flakes to be sentenced as an adult following conviction for a crime that did not itself make Flakes eligible for adult prosecution.
The Colorado Supreme Court upheld the statute, but remanded the case and directed the trial court to make additional findings about the juvenile and the crime charged. Flakes was ultimately re-sentenced.
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