offense constitutes plain error (Colorado) · Go Syfert
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offense constitutes plain error in Colorado

5 Colorado opinions name it 2 courts 1983–2015 0 in the last five years

The cases below were cited by Colorado courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
People v. Freemangreen
colo · 1983 · cited in 4 Colorado opinions naming this issue, 1992–2015
2 sentences

2015Co. , 194 Colo. 107, 110 , 570 P.2d 239, 241 (1977). “The trial court has the duty to instruct the jury properly on all matters of law, and the failure to do so with respect to the essential elements of the offense constitutes plain error.†People v. Stanley , 170 P.3d 782, 792 (Colo. App. 2007) (quoting People v. Freeman , 668 P.2d 1371, 1382 (Colo. 1983)). ¶40       However, “the defendant must ‘demonstrate not only that the instruction affected a substantial right, but also that the record reveals a reasonable possibility that the [plain] error contributed to his conviction.

2015“The trial court has the duty to instruct the jury properly on all matters of law, and the failure to do so with respect to the essential elements of the offense constitutes plain error.” People v. Stanley , 170 P.3d 782, 792 (Colo. App. 2007) (quoting People v. Freeman , 668 P.2d 1371, 1382 (Colo. 1983)). ¶40 However, “the defendant must ‘demonstrate not only that the instruction affected a substantial right, but also that the record reveals a reasonable possibility that the [plain] error contributed to his conviction.’” People v. Miller , 113 P.3d 743, 750 (Colo. 2005) (quoting People v. Gar

34
People v. Millergreen
colo · 2005 · cited in 3 Colorado opinions naming this issue, 2007–2015
2 sentences

2015Co. , 194 Colo. 107, 110 , 570 P.2d 239, 241 (1977). “The trial court has the duty to instruct the jury properly on all matters of law, and the failure to do so with respect to the essential elements of the offense constitutes plain error.†People v. Stanley , 170 P.3d 782, 792 (Colo. App. 2007) (quoting People v. Freeman , 668 P.2d 1371, 1382 (Colo. 1983)). ¶40       However, “the defendant must ‘demonstrate not only that the instruction affected a substantial right, but also that the record reveals a reasonable possibility that the [plain] error contributed to his conviction.

2015“The trial court has the duty to instruct the jury properly on all matters of law, and the failure to do so with respect to the essential elements of the offense constitutes plain error.” People v. Stanley , 170 P.3d 782, 792 (Colo. App. 2007) (quoting People v. Freeman , 668 P.2d 1371, 1382 (Colo. 1983)). ¶40 However, “the defendant must ‘demonstrate not only that the instruction affected a substantial right, but also that the record reveals a reasonable possibility that the [plain] error contributed to his conviction.’” People v. Miller , 113 P.3d 743, 750 (Colo. 2005) (quoting People v. Gar

33
People v. Stanleygreen
coloctapp · 2007 · cited in 2 Colorado opinions naming this issue, 2015–2015
2 sentences

2015Co. , 194 Colo. 107, 110 , 570 P.2d 239, 241 (1977). “The trial court has the duty to instruct the jury properly on all matters of law, and the failure to do so with respect to the essential elements of the offense constitutes plain error.†People v. Stanley , 170 P.3d 782, 792 (Colo. App. 2007) (quoting People v. Freeman , 668 P.2d 1371, 1382 (Colo. 1983)). ¶40       However, “the defendant must ‘demonstrate not only that the instruction affected a substantial right, but also that the record reveals a reasonable possibility that the [plain] error contributed to his conviction.

2015“The trial court has the duty to instruct the jury properly on all matters of law, and the failure to do so with respect to the essential elements of the offense constitutes plain error.” People v. Stanley , 170 P.3d 782, 792 (Colo. App. 2007) (quoting People v. Freeman , 668 P.2d 1371, 1382 (Colo. 1983)). ¶40 However, “the defendant must ‘demonstrate not only that the instruction affected a substantial right, but also that the record reveals a reasonable possibility that the [plain] error contributed to his conviction.’” People v. Miller , 113 P.3d 743, 750 (Colo. 2005) (quoting People v. Gar

22
People v. Garciagreen
colo · 2001 · cited in 2 Colorado opinions naming this issue, 2015–2015
2 sentences

2015Co. , 194 Colo. 107, 110 , 570 P.2d 239, 241 (1977). “The trial court has the duty to instruct the jury properly on all matters of law, and the failure to do so with respect to the essential elements of the offense constitutes plain error.†People v. Stanley , 170 P.3d 782, 792 (Colo. App. 2007) (quoting People v. Freeman , 668 P.2d 1371, 1382 (Colo. 1983)). ¶40       However, “the defendant must ‘demonstrate not only that the instruction affected a substantial right, but also that the record reveals a reasonable possibility that the [plain] error contributed to his conviction.

2015“The trial court has the duty to instruct the jury properly on all matters of law, and the failure to do so with respect to the essential elements of the offense constitutes plain error.” People v. Stanley , 170 P.3d 782, 792 (Colo. App. 2007) (quoting People v. Freeman , 668 P.2d 1371, 1382 (Colo. 1983)). ¶40 However, “the defendant must ‘demonstrate not only that the instruction affected a substantial right, but also that the record reveals a reasonable possibility that the [plain] error contributed to his conviction.’” People v. Miller , 113 P.3d 743, 750 (Colo. 2005) (quoting People v. Gar

22
FEDERAL INSURANCE COMPANY v. Public Service Co.green
colo · 1977 · cited in 1 Colorado opinions naming this issue, 2015–2015
2 sentences

2015Co. , 194 Colo. 107, 110 , 570 P.2d 239, 241 (1977). “The trial court has the duty to instruct the jury properly on all matters of law, and the failure to do so with respect to the essential elements of the offense constitutes plain error.†People v. Stanley , 170 P.3d 782, 792 (Colo. App. 2007) (quoting People v. Freeman , 668 P.2d 1371, 1382 (Colo. 1983)). ¶40       However, “the defendant must ‘demonstrate not only that the instruction affected a substantial right, but also that the record reveals a reasonable possibility that the [plain] error contributed to his conviction.

2015Co. , 194 Colo. 107, 110 , 570 P.2d 239, 241 (1977). “The trial court has the duty to instruct the jury properly on all matters of law, and the failure to do so with respect to the essential elements of the offense constitutes plain error.†People v. Stanley , 170 P.3d 782, 792 (Colo. App. 2007) (quoting People v. Freeman , 668 P.2d 1371, 1382 (Colo. 1983)). ¶40       However, “the defendant must ‘demonstrate not only that the instruction affected a substantial right, but also that the record reveals a reasonable possibility that the [plain] error contributed to his conviction.

11
People v. Montoyagreen
coloctapp · 2006 · cited in 1 Colorado opinions naming this issue, 2007–2007
2 sentences

2007"The trial court has the duty to instruct the jury properly on all matters of law, and the failure to do so with respect to the essential elements of the offense constitutes plain error." People v. Freeman, 668 P.2d 1371, 1382 (Colo.1983); see also People v. Montoya, 141 P.3d 916, 920 (Colo.App. 2006).

2007"The trial court has the duty to instruct the jury properly on all matters of law, and the failure to do so with respect to the essential elements of the offense constitutes plain error." People v. Freeman, 668 P.2d 1371, 1382 (Colo.1983); see also People v. Montoya, 141 P.3d 916, 920 (Colo.App. 2006).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Colorado. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
People v. Archuleta green
colo · 1972
2 sentences

1983People v. Hardin, supra; *1383 People v. Archuleta, 180 Colo. 156 , 503 P.2d 346 (1972).

1983People v. Hardin, supra; *1383 People v. Archuleta, 180 Colo. 156 , 503 P.2d 346 (1972).

11983–1983

Where else courts name it

MO 26 (2010–2024) CO 5 (1983–2015) OH 2 (2005–2014)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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