Supreme Court of Colorado

Henrietta Villarreal v. the People of the State of Colorado

November 5, 2012288 P.3d 125

Summary

The court held that a prior determination that instructional error was not plain error does not control the prejudice inquiry in a later ineffective-assistance claim because the two standards differ. Applying a separate, fact-specific analysis, the court agreed that counsel was not deficient and that the defendant suffered no prejudice, so it affirmed the denial of post-conviction relief on different grounds. Justice EID, concurring in the judgment and joined by Justice COATS, concurred for reasons stated in her separate concurrence in the related case.