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 the voluntariness of his confession before trial forfeited, rather than waived, that claim, making it reviewable for plain error. The court concluded that the detective's repeated promises coerced Cardman's confession, that admitting it was obvious error undermining the fundamental fairness of the trial, and that reversal and a new trial were required. Justice Hood, joined by Chief Justice Coats and Justice Márquez, dissented, arguing that the suppression claim was waived under the governing procedural rule and that any remedy belonged in postconviction proceedings.