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While justices agreed there was no case law to support forcing Honstein to accept the stipulation, he didn't have a compelling and legitimate reason to force the prosecutor to testify, because "the existence of a comparable alternative source is enough to render the prosecutor's testimony needless," Justice Boatright wrote.

Honstein could get the same information from the investigator who heard the roommate partially recant three days after the prosecutor, justices found, noting that the only differences were the roommate's offer in the first conversation to shave her head to reveal the mark from the soda can, and her explanation in the second conversation about mistaking the impact from the can for being punched.

"Though the two conversations were distinct, the second conversation provides all the relevant information found in the first," Justice Boatright wrote. And if the roommate doesn't deny changing her story, there's no good reason to have the prosecutor or investigator testify, he added.

"In sum, the facts of this case don't require us to blur the line between advocate and witness," Justice Boatright wrote. "Accordingly, we conclude that Honstein has failed to demonstrate a compelling and legitimate reason for the participating prosecutor to testify."

Adam D. Kendall of the 20th Judicial District Attorney's Office lauded the decision in a statement provided to Law360 Monday.

"This decision will provide much-needed guidance to prosecutors and trial courts in Colorado," Kendall stated. "Further, the decision will ensure that trials move forward justly, fairly, and without the confusion that would be caused by a prosecutor unnecessarily taking the witness stand in a case they are handling. With this decision, this trial can now proceed without further delay."

Counsel for the Boulder County Court declined to comment. Counsel for Honstein did not immediately respond to a request for comment Monday.

The 20th Judicial District Attorney's Office is represented in-house by Adam D. Kendall and Michael T. Dougherty.

Honstein is represented by Elizabeth Frawley, Elizabeth Califf and Megan A. Ring of the Office of the Colorado State Public Defender.

The Boulder County Court is represented by Emily Burke Buckley and Philip J. Weiser of the Colorado Attorney General's Office.

The case is In re: The People of the State of Colorado v. Harold Lloyd Honstein, case number 23SA271, in the Colorado Supreme Court.