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.