Legal Opinion

People v. McBride

Colorado Court of Appeals

Decided October 1, 2009No. 06CA2524PublishedCited by 55 opinions

1Opinion of the Court

Opinion by

Judge CONNELLY.

Defendant, Thomas W. McBride, was convicted after a jury trial of attempted first degree murder and first degree assault. The trial court imposed concurrent prison terms of forty-eight years for the attempted murder and thirty-two years for the assault. We hold the prosecution's closing arguments were so flagrantly improper as to constitute plain error that should have prompted corrective action by the trial court even absent timely objection. Because the evidence on the assault count was overwhelming, and because one of the improper arguments could only have affected…

2Cases cited52 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Hope v. PelzerSupreme Court of the United States · 2002
  3. Burks v. United StatesSupreme Court of the United States · 1978
  4. Berger v. United StatesSupreme Court of the United States · 1935
  5. United States v. YoungSupreme Court of the United States · 1985

47 more not listed; retrieve them via the Exa API.

3Cited by55 opinions

  1. People v. UjaamaColorado Court of Appeals · 2012
  2. People v. PollardColorado Court of Appeals · 2013
  3. People v. CasiasColorado Court of Appeals · 2012
  4. People v. ConyacColorado Court of Appeals · 2014
  5. People v. VillaColorado Court of Appeals · 2009

50 more not listed; retrieve them via the Exa API.

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