Nerio Martinez, Petitioner v. the People of the State of Colorado, Respondent

Summary

The court affirmed the court of appeals' conclusion that the jury's unfettered access during deliberations to transcripts and possibly DVDs of the victims' forensic interviews did not constitute reversible plain error. Assuming without deciding that the trial court abused its discretion and committed an obvious and substantial error, the court held that the access did not undermine the fundamental fairness of the trial or cast serious doubt on the reliability of the convictions. Justice Boatright, concurring in part and in the judgment, agreed with the result but disagreed to the extent the court's reasoning relied on the analysis of the companion case.