People v. Stroud
| Decision Date | 08 May 2014 |
| Docket Number | Court of Appeals No. 10CA0414 |
| Citation | 356 P.3d 903,2014 COA 58 |
| Parties | The PEOPLE of the State of Colorado, Plaintiff–Appellee, v. Jordan Paul STROUD, Defendant–Appellant. |
| Court | Colorado Court of Appeals |
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10 cases
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People v. Thompson
... ... See Chief Justice Directive 04-04, Appointment of State-Funded Counsel in Criminal Cases and for Contempt 413 P.3d 345 of Court, V(D) (amended Nov. 2014) (CJD 04-04) (formerly IV(D)); see also People v. Stroud , 2014 COA 58, 8, 356 P.3d 903 (recognizing that CJD 04-04 "expanded the circumstances in which support services may be provided"). 240 The CJD plainly provides that "[i]n certain circumstances, a defendant's court costs, expert witness fees, and/or investigator fees may be paid by the Judicial ... ...
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People v. Short
... ... Beilke , 232 P.3d 146, 152 (Colo. App. 2009) ). "For an error to be obvious, the action challenged on appeal must contravene (1) a clear statutory command; (2) a well-settled legal principle; or (3) Colorado case law. " People v. Stroud , 2014 COA 58, 33, 356 P.3d 903 (quoting Pollard , 40 ). 89 "[W]here there is no case law or statute concerning a trial courts alleged error, we cannot conclude that the trial courts decision constituted plain error because the error would not have been obvious." Id. Here, not only was ... ...
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People v. Alemayehu
... ... People v. Harmon , 284 P.3d 124, 128 (Colo. App. 2011). An error is not harmless beyond a reasonable doubt if there is a reasonable possibility that the defendant could have been prejudiced. People v. Stroud , 2014 COA 58, 6, 356 P.3d 903. 60 Here, the improperly seized oxycodone evidence was critical to the prosecution's case on the possession of a controlled substance count. Consequently, the admission of that evidence cannot be considered harmless beyond a reasonable doubt. See McKnight , ... ...
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People v. Fortson
... ... 1 Obviousness under plain error requires controlling Colorado law. See, e.g. , People v. Stroud , 2014 COA 58, 33, 356 P.3d 903 ("However, where there is no case law or statute concerning a trial courts alleged error, we cannot conclude that the trial courts decision constituted plain error because the error would not have been obvious."); People v. Zubiate , 2013 COA 69, 24, 411 P.3d ... ...
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