Moody v. People

I. Introduction

We granted certiorari to review the court of appeals' unpublished opinion in People v. Moody, No. 04CA0361, 2005 WL 1181054 (Colo.App. May 19, 2005). In that decision, the court of appeals undertook sua sponte review of Petitioner Matthew Moody's standing to challenge the legality of the search that yielded evidence used to secure his conviction-an issue that the prosecution had not raised before either the trial court or the appeals court. Relying on Moody's trial testimony, the appeals court determined that Moody had no privacy interest in the property searched and, in any…