Hagos v. People
- Decided
- November 5, 2012
- Docket
- No. 10SC424
- Status
- Published
- Jurisdiction
- Colorado
Cited 6,030 timesNo negative treatment found in this library
What later courts said
- explaining that preservation affects the standard of review that we employ “to determine whether an error in criminal proceedings necessitates reversal of the judgment of conviction” — Peo v. Martinez (2020)
- stating that the error must “so undermine[] the fundamental fairness of the trial itself so as to cast serious doubt 9 on the reliability of the judgment of conviction” — v. Delgado (2019)
- "Plain error casts serious doubt on the judgment of conviction. Deficient performance of counsel, on the other hand, undermines confidence in the judgment of conviction." — Cardman v. People (2019)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
Justice RICE delivered the Opinion of the Court.
T1 In this postconviction proceeding, we address whether a determination on direct appeal that instructional error did not constitute plain error necessarily requires a determination in postconviction proceedings that trial counsel's failure to object to the erroneous instruction did not prejudice the defense. We conclude that a determination that instructional error did not constitute plain error does not control a determination of prejudice under Strickland v. Washington, 466 U.S. 668, 684-86, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), because the two standards are not the same. The plain error standard requires that an error impair the reliability of the judgment of conviction to a greater degree than the Strickland prejudice standard. Ha-gos's ineffective assistance of counsel claim, nonetheless, fails under the separate, fact, specific Strickland analysis. Thus, we affirm the court of appeals' judgment, albeit on different grounds.
I. Facts and Procedural History 12 Abraham Hagos and another man distributed drugs from an apartment. A buyer broke into the apartment and took a safe containing cash and drugs. In retaliation, [*118] Hagos and others kidnapped and assaulted the buyer's brother.
Cite this
Hagos v. People, 288 P.3d 116 (2012)Read the full opinion
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