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

Summary

The court held that any error in permitting the jury unrestricted access during deliberations to the victims' forensic-interview DVDs and transcripts was not reversible plain error. Even assuming an abuse of discretion and an obvious and substantial error, the access did not undermine the fundamental fairness of the trial or cast serious doubt on the reliability of the convictions because the victims' accounts were substantially consistent, the interviews were not the prosecution's linchpin, defense counsel invited review of them, and the evidence was strong. Justice Boatright, concurring in part and in the judgment, agreed with the result but disagreed to the extent the court relied on reasoning from the companion decision.