The People of the State of Colorado v. Michael Miller

Summary

The Colorado Supreme Court resolved a long-standing conflict in its precedent by holding that constitutional harmless-beyond-a-reasonable-doubt review applies only to errors preserved by a contemporaneous objection, while unpreserved constitutional errors are reviewed solely for plain error. Applying that standard, it concluded the trial court's failure to instruct the jury that voluntary intoxication could negate the 'after deliberation' element of first-degree murder was not plain error, because the defendant never contested voluntary intoxication at trial (arguing instead involuntary intoxication and self-defense) and the record contained overwhelming evidence of guilt. The court accordingly reversed the court of appeals and remanded for reinstatement of the first-degree murder (after deliberation) conviction, declining to reach how merged convictions must be treated when the greater conviction is reversed. Justice Bender, specially concurring and joined by Justice Martinez, agreed with the outcome but would have reviewed the unpreserved constitutional error under the constitutional harmless error standard, contending the majority misread Neder, Johnson, and Olano.