Arthur Louis Martinez, Petitioner v. the People of the State of Colorado, Respondent

Summary

The court held that Martinez's general objections to the prosecutor's rebuttal did not preserve a claim under the Colorado Constitution, but did preserve a challenge to the propriety of the argument. It held that generic tailoring arguments based only on a defendant's presence at trial are improper, although specific tailoring arguments tied to record evidence are permissible; the error was harmless because the record contained substantial evidence undermining Martinez's credibility and no reasonable probability that the argument affected the verdict. Justice Eid, joined by Justice Coats, concurred in part and in the judgment in part, agreeing on preservation but disagreeing that the prosecutor had to identify specific tailoring instances to the jury.