Peo v. Lopez
19CA2302
| Colo. Ct. App. | Aug 22, 2024Background
- Michael Lopez was convicted by a jury of vehicular eluding after fleeing police in a black truck with stolen license plates registered to his mother.
- Officers identified Lopez as the driver, found a phone back panel in the truck, and later matched it to Lopez’s phone after his arrest.
- Lopez's defense argued that the police investigation was insufficient and the identity evidence was inadequate.
- During trial, issues arose regarding body camera footage and whether the court improperly assisted the prosecution in admitting it.
- Lopez was also charged with possession of a weapon by a previous offender (POWPO), but this charge was bifurcated and dismissed after conviction on vehicular eluding.
- Lopez appealed his conviction, alleging judicial misconduct, prosecutorial misconduct, and cumulative error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Judicial neutrality in evidence admission | Trial court acted impartially | Court assumed role of prosecutor by pushing admission of video | Court did not become advocate; no error |
| Prosecutorial misconduct in closing | Arguments responded to defense's case | Closing remarks were improper, vouching, and suggested guilt | Most conduct was permissible or not plain error |
| Improper vouching for officer credibility | Prosecutor responding to defense | Prosecutor improperly vouched for police credibility | One comment improper, but not prejudicial |
| Use of "GUILTY" slide in closing | Permissible summary of evidence | Slide expressing personal opinion on guilt was improper | Use of slide not clearly improper under CO law |
Key Cases Cited
- People v. Wend, 235 P.3d 1089 (Colo. 2010) (two-step analysis for prosecutorial misconduct)
- People v. Adler, 629 P.2d 569 (Colo. 1981) (impartiality standard for judicial conduct)
- People v. Wilson, 743 P.2d 415 (Colo. 1987) (prosecutor cannot vouch for witness credibility)
- People v. Merchant, 983 P.2d 108 (Colo. App. 1999) (prosecutor may argue defendant is guilty if based on evidence)
- People v. Jones, 832 P.2d 1036 (Colo. App. 1991) (denigration of defense counsel is misconduct)