Crystal Lynn Johnson, Petitioner v. the People of the State of Colorado, Respondent.

Summary

The court held that an extraneous and improper explanation of “hesitate to act” did not violate due process by lowering the prosecution’s burden of proof. Although the explanation was confusing and nonsensical, the jury received correct reasonable-doubt, presumption-of-innocence, and burden-of-proof instructions immediately before and after it, and the improper explanation was given only once and was never referenced again. The court therefore affirmed the judgment below.