Opinion
22SC136
09-12-2022
The People of the State of Colorado, Petitioner/Cross-Respondent v. Richard Everett Houghton, Respondent/Cross-Petitioner
Court of Appeals Case No. 19CA2192
Petition and Cross-Petition for Writ of Certiorari DENIED.
JUSTICE BERKENKOTTER does not participate.
CHIEF JUSTICE BOATRIGHT and JUSTICE SAMOUR would grant as to the following issues:
Whether reversing a felony DUI conviction under Linnebur v. People, 2020 CO 79M, requires an outcome determinative analysis.
Whether the court of appeals erred in holding that, for purposes of plain error review, an error was not "obvious" at the time of trial may become so while the case is on appeal.
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 entire articulation of the plain error standard, including: "Whether the error seriously affects the fairness, integrity, or public reputation of judicial proceedings."