Supreme Court of Colorado

Ryan Matthew Cardman, Petitioner v. the People of the State of Colorado, Respondent.

July 1, 2019445 P.3d 1071

Summary

The court held that Cardman's failure to raise voluntariness below forfeited, rather than waived, his claim, making plain-error review available. Applying that review, the court determined that the detective's repeated promises overbore Cardman's will, making his statements involuntary, and that admitting them was obvious and fundamentally unfair error requiring reversal and a new trial. Justice Hood, joined by the chief justice and Justice Márquez, dissented, concluding that the suppression rule required waiver and that any ineffective-assistance claim should proceed through postconviction review.