Opinion
22SC225
09-12-2022
The People of the State of Colorado, Petitioner v. Kenneth Alan Hill, Respondent
Court of Appeals Case No. 19CA2119
Petition for Writ of Certiorari DENIED.
CHIEF JUSTICE BOATRIGHT and JUSTICE SAMOUR would grant as to the following issues:
Whether the court of appeals erred in reversing a felony DWAI conviction under Linnebur v. People, 2020 CO 79M, without conducting the appropriate outcome determinative analysis.
Whether failing to submit the prior convictions element to the jury amounted to plain error given that (1) the trial court's decision aligned with precedent controlling at the time, and (2) the evidence supporting the element was overwhelming and without reasoned dispute.
Whether this court should remove any uncertainty as to whether Colorado employs a time-of-trial approach to plain error review.
Whether, if this court adopts the time-of-appeal approach set forth in Johnson v. United States, 520 U.S. 461 (1997), it should also adopt the federal court's fourth factor for plain error review: "Whether the error seriously affects the fairness, integrity, or public reputation of judicial proceedings."