Supreme Court of Colorado, 2010

The court held that Wend had not waived review of her prosecutorial-misconduct claim because the appeal followed entry of a new conviction, the earlier appeal had been cut short, and the governing law had significantly changed.

The Supreme Court of Colorado granted certiorari to decide whether DNA evidence linking Clark to the crime scene, together with circumstantial proof, sufficiently identified him as the perpetrator of a 2004 sexual assault.