Supreme Court of Colorado

v. Robinson

December 9, 20192019 CO 102

Summary

The court held that the prosecutor’s references to the contrasting skin tones of Robinson and the victim in opening statement were improper because their limited possible probative value was substantially outweighed by the danger of unfair prejudice. Because Robinson did not object, the court applied plain-error review and held that, even assuming the error was obvious, it did not undermine the fundamental fairness of the trial or cast serious doubt on the reliability of the convictions. The court therefore reversed the court of appeals’ judgment and remanded for further proceedings.