The People of the State of Colorado, Petitioner v. Gonzalo Dalimiro Santana, Respondent

Summary

The Supreme Court of Colorado reversed the court of appeals and held that the prosecutor did not impermissibly shift the burden of proof through questioning of the defense expert or closing argument. Considering the entire record, the prosecutor's conduct was primarily a response to defense counsel's presentation and an effort to emphasize the prosecution's evidence, while the jury instructions and counsel's arguments reinforced that the prosecution retained the burden. Because no constitutional error occurred, the court did not reach the proper standard for reviewing constitutional harmless error.