Cardman v. People

¶44 The adage about bad facts sometimes making bad law seems to hold true today. By extending plain error review to unpreserved suppression claims, the majority essentially nullifies a long-standing and controlling rule of criminal procedure. Moreover, in doing so, it undermines the policy objectives of the rule and places an unreasonable burden on trial courts and the court of appeals. Therefore, I respectfully dissent.

I. Analysis

A. Crim. P. 41(g) Requires Motions Like the One Here to Be Filed Before Trial

¶45 Since 1970, criminal defendants in Colorado have been required by rule to challenge…