Supreme Court of Colorado

Ryan Matthew Cardman, Petitioner v. the People of the State of Colorado, Respondent. — Hood, J., Dissenting

July 1, 2019445 P.3d 1071

Summary

Justice Hood's dissent argues that the defendant's failure to challenge the voluntariness of his confession before trial constituted waiver under the governing procedural rule, not mere forfeiture subject to plain-error review. The dissent maintains that the majority improperly extended plain-error review, undermined important trial-management policies, and should have left any ineffective-assistance claim for postconviction proceedings. The dissenting opinion was joined by the chief justice and Justice Márquez.