CourtListener 10645627•Peo v. Murphy
Testo completo
24CA0097 Peo v Murphy 07-31-2025
COLORADO COURT OF APPEALS
Court of Appeals No. 24CA0097
Jefferson County District Court No. 22CR2579
Honorable Christopher B. Rhamey, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kameron Murphy,
Defendant-Appellant.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE WELLING
Grove and Johnson, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Announced July 31, 2025
Philip J. Weiser, Attorney General, Marixa Frias, Assistant Attorney General,
Denver, Colorado, for Plaintiff-Appellee
Megan A. Ring, Colorado State Public Defender, Justin Conley, Deputy State
Public Defender, Golden, Colorado, for Defendant-Appellant
¶1 Defendant, Kameron Murphy, appeals the trial court’s order
finding that it didn’t have jurisdiction to grant the release of his
property in the custody of law enforcement due to an open homicide
investigation and finding that the search warrant that the police
used to seize his property hadn’t dissipated after his criminal case
had been resolved. Because we agree with Murphy that the court
erred in concluding that it lacked jurisdiction to address his
motion, we reverse the court’s order and remand the case for
further proceedings on the merits of Murphy’s request.
I. Background
¶2 On September 15, 2022, police found N.C. deceased in her
bathtub during a wellness check. Her boyfriend, Murphy, had
called police to report that N.C. had been missing. Murphy told
police he hadn’t spoken to N.C. since September 2 or 3, and that he
had last seen her at her apartment around that same time. Police
couldn’t find N.C.’s purse, her wallet, or her credit, bank, or
identification cards. After police found N.C.’s body, Murphy
admitted to police during a phone interview that he had found N.C.
deceased in the bathroom of her apartment on September 13, and
that he didn’t call the police until two days later. In a subsequent
1
interview with police, Murphy admitted that when he found N.C.’s
body he had turned on the shower, poured water on her body, and
stolen her purse, wallet, phone, and computer. Murphy also
admitted that he had sent N.C.’s mother’s boyfriend a video in
which Murphy and N.C. were engaged in a sex act. Murphy,
however, denied harming N.C.
¶3 On September 16, 2022, police arrested Murphy; six days later
he was charged with tampering with a deceased human body,
posting a private image for harassment, concealing a death, and
theft. Pursuant to a search warrant issued on September 19, police
seized Murphy’s car as part of the investigation into N.C.’s death.
¶4 On June 20, 2023, Murphy pleaded guilty to posting a private
image for harassment in exchange for the prosecution dismissing
the other charges against him. At that plea hearing, defense
counsel verbally requested the return of Murphy’s vehicle:
MR. CONLEY: And then additionally, Judge,
Mr. Murphy is seeking the return, at the very
least, of his vehicle.
THE COURT: And can the People arrange
that?
[THE PROSECUTOR]: The People will have no
objection to that —
2
THE COURT: All right.
[THE PROSECUTOR]: — and Mr. Murphy will
just have to go to Lakewood [Police
Department (P.D.)] and make the request. And
I have no objection.
THE COURT: All right. If it requires a court
order, the Court will issue that order.
¶5 Murphy was sentenced to time served based on the time he
had spent in pretrial confinement. Due to a parole violation in
another case, however, he remained incarcerated for four more
months following the sentencing hearing.
¶6 Shortly after he was released from custody, Murphy went to
the Lakewood P.D. and requested the return of his vehicle. The
Lakewood P.D. refused to return the vehicle to Murphy. Based on
this refusal, on October 23, 2023, just over four months after his
plea hearing and sentencing, Murphy filed a written motion for the
return of his personal property.
3
¶7 The City of Lakewood intervened in the case on behalf of the
Lakewood P.D. in order to oppose the return of Murphy’s property.1
The City asserted that the court should deny Murphy’s request for
an order for return of his vehicle and other property because the
Lakewood P.D. was still investigating N.C.’s death as a homicide
and Murphy’s vehicle was material to that ongoing investigation.
¶8 The trial court held two hearings on the issue of whether it
had jurisdiction to order the Lakewood P.D. to return Murphy’s
property — one in November and one in December. At the
November hearing the court asked the City to submit a brief on two
issues: (1) whether the court had jurisdiction over the return of
Murphy’s property as to the ongoing investigation; and (2) whether
the September 19, 2022, search warrant was legally sufficient to
1 Because it isn’t challenged on appeal, we offer no opinion
regarding the propriety of Lakewood’s intervention in this case (or
whether it should be permitted to continue to intervene in any
proceedings on remand). See Galvan v. People, 2020 CO 82, ¶ 45
(“Under our adversarial system of justice, we adhere to the party
presentation principle, which relies on the parties to frame the
issues to be decided and assigns to courts the role of neutral
arbiters of the matters raised.”); see also People v. Ham, 734 P.2d
623, 627 (Colo. 1987) (noting that third-party interventions in
criminal cases should only be allowed under “truly exceptional
circumstances”).
4
justify continuing to hold Murphy’s property as to the ongoing
investigation.
¶9 The City argued in its brief that, though timely, Murphy’s
June 20 request hadn’t been robust enough to establish that he
owned the property and that police had seized it from him.
¶ 10 At the December hearing, the court entered a split ruling
regarding its jurisdiction over Murphy’s request. The court found
that it had ancillary jurisdiction over Murphy’s request for the
return of his property because he made a timely and sufficient
request for it at the plea hearing. Specifically, the court found that
it “has jurisdiction . . . not only because it was already raised and
ordered at the [plea] hearing, but also because we are within the
appellate time frames.” But critical to this appeal, the trial court
also found that its ancillary jurisdiction over the return of Murphy’s
property was limited to this criminal case and didn’t extend to the
ongoing homicide investigation. In that regard, the court found as
follows:
The property is ordered released as to this
case. . . . The Court subsequently finds it
doesn’t have jurisdiction for the just total
release of property as to separate
investigations. . . .
5
Ultimately, this item was seized through a
lawful search warrant before the filing of this
case as to a homicide investigation. . . .
. . . I don’t think the Court has the ability to go
in and go after an unfiled investigation, or has
jurisdiction to address an unfiled investigation
with the Lakewood Police Department.
¶ 11 Because the court found it had limited ancillary jurisdiction to
rule on the return of Murphy’s property, the court didn’t hold a
hearing on the merits of Murphy’s request or otherwise require the
prosecution to oppose the return of Murphy’s vehicle based on one
of the grounds enumerated in Woo v. El Paso County Sheriff’s Office,
2022 CO 56, ¶ 46.
II. Issues on Appeal
¶ 12 Murphy argues that the trial court erred by concluding that it
didn’t have ancillary jurisdiction to consider his request for the
return of his property because such property may have also been
being held in connection with an ongoing homicide investigation.
¶ 13 The People offer two responses. First, they argue that
Murphy’s verbal request for the return of his vehicle during his
sentencing hearing wasn’t a proper motion because it didn’t include
any evidentiary support for his assertion that he owned the vehicle
6
and that the police had seized it. Relatedly, the People argue that
the trial court didn’t have ancillary jurisdiction over the request
because Murphy filed his written motion for return of his property
four months after he was sentenced in the case — well after the
window for appeal had closed.
¶ 14 Because they constitute a threshold issue, we address the
People’s arguments first and then turn to Murphy’s challenge to the
court’s jurisdictional ruling.
A. Did the Trial Court Have Jurisdiction?
1. Standard of Review and Applicable Law
¶ 15 We review a challenge to a court’s subject matter jurisdiction
de novo. People v. Sandoval, 2016 COA 57, ¶ 14. A court has
subject matter jurisdiction “where it has been empowered to
entertain the type of case before it by the sovereign from which the
court derives its authority.” Id. at ¶ 45 (quoting Wood v. People,
255 P.3d 1136, 1140 (Colo. 2011)). Thus, any action a court takes
without proper jurisdiction is a nullity. Strepka v. People, 2021 CO
58, ¶ 13.
¶ 16 The general rule is that, once a criminal trial ends, the
defendant’s property should be returned to him. United States v.
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Rodriguez-Aguirre, 264 F.3d 1195, 1212 (10th Cir. 2001). But a
court must have subject matter jurisdiction over a case in order to
acquire ancillary jurisdiction over the issue of the return of property
to a criminal defendant. Woo, ¶ 40. In order for a court to exercise
ancillary jurisdiction over a defendant’s request for return of
lawfully seized property, the defendant must make such a motion
while the court still has subject matter jurisdiction over the case.
Id. at ¶ 42. As relevant here, a district court’s subject matter
jurisdiction over a case continues until the deadline to file a direct
appeal passes, id., which is forty-nine days after sentencing, C.A.R.
4(b)(1). Accordingly, where, as here, a defendant doesn’t file a
direct appeal, a defendant must make a motion for the return of
lawfully seized property before the window for filing a direct appeal
closes. Woo, ¶ 42.
¶ 17 Not only must the motion be timely, but it also needs to be
substantively adequate. In such a motion the defendant must
make a “prima facie showing that: (1) he owns or is otherwise
entitled to possess the requested property and (2) the requested
property was seized by law enforcement as part of his case.” Id. at
¶ 45.
8
¶ 18 Once a defendant has moved for the return of his property, the
prosecution may oppose that motion on any of the following five
grounds:
(1) the requested property is the fruit of
illegal activity or is otherwise connected to
criminal activity; (2) the defendant is not
the owner of the requested property or a
person entitled to possess it; (3) it would be
unlawful for the defendant to possess the
requested property; (4) the prosecution may
need the requested property later, including
after a direct appeal, during postconviction
proceedings, or following an appeal from
those proceedings; or (5) based on any
relevant factors, including the type of case
and the nature of the requested property, it
would be inappropriate to grant the
defendant’s motion.
Id. at ¶ 46.
2. Analysis
¶ 19 Pointing to the October 2023 written motion, the People argue
that Murphy’s request was untimely since it was filed after the
forty-nine-day deadline to file a direct appeal had passed. They
further contend that Murphy’s verbal request at the plea hearing
was insufficient to make the required prima facie showing that he
owned the vehicle and that police had seized it from him in this
case. We conclude that Murphy’s verbal request was adequate to
9
trigger the court’s ancillary jurisdiction, at least as it pertains to the
request for return of his vehicle.2
a. Murphy’s Request Was Timely and Sufficient to Make the
Prima Facie Showing
¶ 20 As they did below, the People contend that the trial court
didn’t acquire ancillary jurisdiction over Murphy’s request for the
return of his vehicle because Murphy didn’t file a written motion
until after the court had lost subject matter jurisdiction over the
case. Relatedly, they contend that the request made at the
sentencing hearing wasn’t adequate because it wasn’t in the form of
a verified motion, which they argue Woo requires before a court’s
ancillary jurisdiction can be invoked. We disagree for two reasons.
¶ 21 First, neither Woo nor People v. Buggs, 631 P.2d 1200 (Colo.
App. 1981) — the two cases the People rely upon — hold that a
timely and adequate request for a return of lawfully seized property
must be in the form of a verified motion. Instead, both note that a
2 Murphy’s request for the return of his property at his plea hearing
only referenced his vehicle. Because this initial request was limited
to his vehicle, and because the initial request was the only timely
request made for the return of any of Murphy’s property, to the
extent that Murphy claims more than the return of his vehicle on
appeal, that claim is untimely. Therefore, our analysis of his
motion for the return of his property will be restricted to the vehicle.
10
verified motion is sufficient to meet the prima facie burden placed
on defendants, not that it’s necessary. See Woo, ¶ 45 (“A verified
motion asserting that law enforcement took the requested property
from the defendant at the time of his arrest suffices.”); Buggs, 631
P.2d at 1201 (“The issue here is whether a verified motion for return
of seized property is sufficient to meet defendant’s burden.”).
Indeed, the court in Woo emphasized the relative ease of invoking
the court’s jurisdiction, noting that “[m]aking a prima facie showing
is not a rigorous task. Woo, ¶ 45.
¶ 22 Second, the prosecution conceded the sufficiency of Murphy’s
showing during the sentencing hearing. At the hearing, defense
counsel told the court that “Mr. Murphy is seeking the return, at the
very least, of his vehicle.” (Emphasis added.) The prosecutor
responded by stating, “The People will have no objection to that.”
To be sure, the prosecution could have objected to the sufficiency of
counsel’s showing, thereby forcing Murphy to produce evidence
establishing that he owned the vehicle and that the police had
seized it from him. But the prosecutor didn’t. Having failed to
oppose Murphy’s request at the time it was made (when such
opposition would have afforded an opportunity for any deficiency to
11
be cured), the People confessed at least the sufficiency of the prima
facie showing.
¶ 23 Our conclusion in this regard is bolstered by the prosecution’s
and court’s responses to Murphy’s verbal request. Not only did the
prosecutor not object to the request, but the prosecutor instructed
Murphy to go to the Lakewood P.D. and request his vehicle — an
implicit admission that the Lakewood P.D. had seized the car and a
concession that it was his property.
¶ 24 Moreover, the court granted Murphy’s request when it
promised Murphy it would provide an order for the return of
Murphy’s vehicle in the event that was necessary. Accordingly,
because Murphy’s request was timely, unopposed, and granted by
the court, we aren’t persuaded by the People’s arguments that the
court didn’t have subject matter jurisdiction at the time Murphy
requested the return of his vehicle.
b. The Trial Court’s Ancillary Jurisdiction Extended Over the
Homicide Investigation
¶ 25 Having concluded that Murphy’s verbal motion for the return
of his vehicle was timely and sufficient to invoke the court’s
12
ancillary jurisdiction over Murphy’s request, we turn to the trial
court’s exercise of ancillary jurisdiction.
¶ 26 The trial court determined that its ancillary jurisdiction didn’t
extend to the homicide investigation after considering the four
elements laid out in Morrow v. District of Columbia, 417 F.2d 728,
740 (D.C. Cir. 1969), and applied by the division in People v.
Hargrave, 179 P.3d 226, 230 (Colo. App. 2007), abrogated in part on
other grounds by Woo, 2022 CO 56.3 Calling the Marrow factors the
Woo factors, the trial court found as follows:
So first, the Court’s going to address
jurisdiction, specifically ancillary
3 Those four elements are:
(1) the ancillary matter arises from the same
transaction which was the basis of the main
proceeding, or arises during the course of the
main matter, or is an integral part of the main
matter; (2) the ancillary matter can be
determined without a substantial new fact-
finding proceeding; (3) determination of the
ancillary matter through an ancillary order
would not deprive a party of a substantial
procedural or substantive right; and (4) the
ancillary matter must be settled to protect the
integrity of the main proceeding or to insure
that the disposition in the main proceeding will
not be frustrated.
Morrow v. District of Columbia, 417 F.2d 728, 740 (D.C. Cir. 1969).
13
jurisdiction. . . . The Court finds that, as to
[this case], the property was already ordered
released, and the Court maintains that
order. . . .
However, the Court does not have jurisdiction
as [to] the return of property for a legally
appropriate separate hold, apart from [this
case].
Specifically, the analysis fails under the
second, third, and fourth prong of jurisdiction
in Woo; that is:
(2) the ancillary matter can be determined
without substantial new factfinding
proceedings. Here, we’re talking about
essentially a different case that’s unfiled.
(3) determination of the ancillary matter
through an ancillary order would not deprive a
party of a substantial procedural or
substantive right. Here, there is an issue for
the Lakewood Police Department, as they’re
holding a piece of item [sic]. That item was to
be returned. There’s issue [sic] surrounding
the search of that item, the proper hold of that
item, and the collection of evidence.
And then: (4) that the ancillary matter must be
settled to protect the integrity of the main
proceedings or to insure that the disposition in
the main proceedings will not be frustrated.
That one’s split both ways. If we’re considering
this the main proceeding, then that falls in the
way of the Defense. If we’re considering a
separate investigation to be the main issue,
the main proceeding, as the Court has already
ruled that in this case, everything should be
14
released, that certainly falls on the side of the
Lakewood City attorney or police department.
¶ 27 By applying these factors to conclude that it lacked
jurisdiction to consider the merits of Murphy’s timely and facially
adequate request for return of his lawfully seized property, the trial
court erred. See Woo, ¶¶ 32-33. This is so because in Woo, when
“endorsing” the four-part jurisdictional test from Morrow and
Hargrave, the supreme court concluded that all four factors are
deemed satisfied when a criminal defendant makes a sufficient and
timely request for the return of his lawfully seized property:
[W]e endorse Hargrave’s application of the
four-part test articulated in Morrow. As we see
it, whenever a post-sentence motion for return
of property is filed in a criminal case: (1) the
property in question will have been seized as
part of the investigation giving rise to the
charges; (2) the resolution of the motion will
usually implicate straightforward, if not
perfunctory, proceedings and will not require a
substantial factfinding process; (3) litigation of
the motion will not deprive any party of a
substantial right because the parties necessary
to the determination of the matter will be
properly notified and will be afforded an
opportunity to be heard; and (4) the matter will
need to be resolved to protect the integrity of
the main proceeding or to ensure that the
disposition of the main proceeding won’t be
frustrated.
15
Woo, ¶ 33 (emphasis added).
¶ 28 In other words, the supreme court in Woo held that when a
criminal defendant makes a timely prima facie showing, the four
factors in Morrow are deemed satisfied. See id. at ¶¶ 32-33 (“[T]he
property in question will have been seized . . . . [T]he resolution of
the motion will usually implicate straightforward, if not perfunctory,
proceedings . . . . [L]itigation of the motion will not deprive any
party of a substantial right . . . . [And] the matter will need to be
resolved . . . .”) (emphasis added). To put a sharper point on it, Woo
eliminated the need for a trial court to conduct the four-prong
Morrow test. Thus, the trial court erred by hinging its jurisdictional
analysis on whether the facts of this case satisfied the four-part test
discussed in Morrow and Hargrave. Instead, the trial court should
have concluded that it had ancillary jurisdiction over Murphy’s
request for the return of his vehicle and considered the request on
the merits. To be sure, some of the facts that the court considered
in assessing its jurisdiction may be relevant when it considers the
merits of Murphy’s request on remand. See Woo, ¶ 46 (setting forth
the five grounds for denying a defendant’s motion for lawfully sized
property). But making some relevant findings in the jurisdictional
16
context isn’t a substitute for resolving Murphy’s motion on the
merits. Instead, it must do so following the procedure set forth in
Woo, ¶¶ 45-48.
B. Did the Search Warrant Dissipate?
¶ 29 Because we have reversed the trial court’s order on other
grounds, we need not address whether the search warrant had
dissipated. That is an issue that the trial court must consider in
the first instance on remand.
III. Disposition
¶ 30 The order is reversed. On remand, the trial court should
exercise ancillary jurisdiction over Murphy’s request for return of
his vehicle that was lawfully seized pursuant to a warrant in this
case and resolve the request on its merits. In doing so, “[i]n its
discretion, the trial court may hold a hearing (evidentiary or non-
evidentiary) before resolving [Murphy’s] motion for return of [his]
property.” Woo, ¶ 48.
JUDGE GROVE and JUDGE JOHNSON concur.
17
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