DISTRICT COURT, EL PASO

COUNTY, COLORADO
270 South Tejon Street
Colorado Springs, CO 80903
PEOPLE OF THE STATE OF
COLORADO,
Plaintiff

v.

JOSEPH HOPPER,
Defendant.
▲ COURT USE ONLY ▲

Attorneys for Defendant: Case No: 17CR003190

Robert J. Corry, Jr. #32705
Abbey G. Moffitt #44170 Division 22
Law Office of Corry & Associates
437 West Colfax Ave., Suite 300
Denver, Colorado 80204
Rob@robcorry.com
Telephone 303-634-2244
Facsimile 720-420-9084

MOTION TO DISMISS PURSUANT TO C.R.C.P. 12 DUE TO

DEFECT IN INSTITUTION OF INDICTMENT BY ATTORNEY
GENERAL NOT LICENSED TO PRACTICE LAW

Defendant, through undersigned counsel, hereby moves to dismiss all

charges pursuant to Colorado Rule of Criminal Procedure 12(b) due to a

defect in the institution of the prosecution or in the indictment, specifically

that the indictment is brought and being prosecuted in the name of Colorado
Attorney General Cynthia Coffman, who is not admitted to practice law in

Colorado under that name, as follows:

1. Criminal Procedure Rule 12 provides that defenses and

objections based on defects in the institution of the prosecution or in the

indictment, may be raised by motion. A substantive defect in an indictment

or information may be raised at any time during the proceedings. People v.

Williams, 961 P.2d 533 (Colo. App. 1997), aff’d in part and rev’d in part on

other grounds, 984 P.2d 56 (Colo. 1999).

2. The sufficiency of the charging document in a criminal case is a

matter of jurisdiction. People v. Garner, 530 P.2d 946 (Colo. 1975). Such

jurisdictional matters can be raised at any time, including after trial by a

motion in arrest of judgment. Id.

3. The Superseding Indictment in this case was filed with the

Court on May 30, 2017 by and under the name of “Cynthia H. Coffman,

Attorney General, State of Colorado.” Criminal Procedure Rule 7 requires

that an indictment be signed by the prosecutor.

4. The Colorado Attorney General must be a licensed attorney of

the supreme court of the state in good standing. See Colorado Constitution,

Article IV, § 4. Lawyers are prohibited from making false statements of

material fact to the tribunal or to third parties. See R.P.C. 3.3 and 4.1.

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 5. A review of the Colorado Supreme Court records of licensed

attorneys in Colorado shows that there is no person named Cynthia Coffman

licensed to practice law in the State of Colorado. See

www.coloradosupremecourt.com (accessed March 5, 2018).

6. The indictment in this case, which brings criminal charges

under the name of a lead prosecutor not licensed nor admitted to practice law

in the name Cynthia Coffman by the Colorado Supreme Court, is materially

and substantively defective, and should be dismissed.

Wherefore, for the above reasons and those that will be shown, all

criminal charges brought in this case should be dismissed, and for other

relief proper in the premises.

Date: March 5, 2018 Respectfully Submitted,

/s/Robert J. Corry, Jr.

_______________________
Robert J. Corry, Jr.

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 Certificate of Service

Undersigned hereby certifies that a true copy of the foregoing was

provided to all parties who have entered an appearance in this action through

Colorado Courts E-Filing.

/s/Robert J. Corry, Jr.

_______________________
Robert J. Corry, Jr.