June 23, 2018

Colorado Supreme Court: No Plain Error in Allowing Jury Access to DVD Where Defense Based on Motive, Not Inconsistency

The Colorado Supreme Court issued its opinion in Martinez v. People on Monday, April 24, 2017.

Testimonial Evidence—Electronic Exhibits—Jury Deliberations—Plain Error.

The Colorado Supreme Court reviewed for plain error a trial court’s decision to allow the jury unfettered access, during its deliberations, to the out-of-court statements of three sexual assault victims. These statements were memorialized in three DVDs and three transcripts thereof, all of which had been admitted as exhibits in petitioner’s criminal trial. The court concluded that even if the trial court erred in allowing the jury unfettered access to the victims’ statements, on the facts of this case, any such error did not so undermine the fundamental fairness of the trial itself as to cast serious doubt on the reliability of petitioner’s convictions, and thus was not plain. Accordingly, the court affirmed the judgment of the court of appeals and remanded the case for further proceedings consistent with the opinion.

Summary provided courtesy of The Colorado Lawyer.

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