Legal Opinion

Johnson v. People

Supreme Court of Colorado

Decided March 11, 2019No. 17SC120, JohnsonPublishedCited by 17 opinions

1Opinion of the Court

JUSTICE BOATRIGHT delivered the Opinion of the Court.

¶1 In this appeal, we consider whether the court of appeals erred when it held that the trial court's extraneous jury instruction concerning reasonable doubt did not unconstitutionally lower the prosecution's burden of proof. During voir dire, after giving the standard definition of reasonable doubt, the trial court described how hesitating to act relates to having a reasonable doubt. While the trial court's extraneous "hesitate to act" instruction was improper, there is not a reasonable likelihood that it prejudiced the defendant. The…

2Cases cited17 opinions

  1. In Re WINSHIPSupreme Court of the United States · 1970
  2. Estelle v. McGuireSupreme Court of the United States · 1991
  3. Sullivan v. LouisianaSupreme Court of the United States · 1993
  4. Holland v. United StatesSupreme Court of the United States · 1955
  5. Cupp v. NaughtenSupreme Court of the United States · 1973

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3Cited by17 opinions

  1. Bondsteel v. PeopleSupreme Court of Colorado · 2019
  2. Ernest Joseph Tibbels, Petitioner/Cross-Respondent v. The People of the State of Colorado, Respondent/Cross-PetitionerSupreme Court of Colorado · 2022
  3. William Scott Pettigrew v. The People of the State of Colorado.Supreme Court of Colorado · 2022
  4. v. KnobbeColorado Court of Appeals · 2020
  5. v. VialpandoColorado Court of Appeals · 2020

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