Supreme Court of Colorado
Abraham Hagos v. the People of the State of Colorado
November 5, 2012288 P.3d 116
Summary
Justice Eid concurred only in the judgment, reasoning that the prejudice standards for plain error and ineffective assistance of counsel are not meaningfully different. Because the defendant failed on direct review to show that the instructional error contributed to his conviction, he likewise could not establish prejudice on post-conviction review. The author contended that the majority improperly heightened the plain-error standard and diminished the ineffective-assistance prejudice requirement.