Law Commons^™

Using Poor Form As A Proxy For Poor Substance: A Look At Wend V. People And Its Categorical Rule Prohibiting Prosecutors From Using The Word "Lie", Danny Paulson

University of Colorado Law Review

In Wend v. People, the Colorado Supreme Court reversed a second-degree murder conviction because the prosecutor repeatedly used various forms of the word "lie" to describe some of the defendant's statements made during two taped interviews with the police. In its opinion, the court first held that in Colorado it is categorically improper for a prosecutor to use the word "lie." In doing so, it committed itself to a unique legal standard for one word that runs contrary to the traditional legal test used nationwide for all forms of prosecutorial misconduct. Then, the court reversed the conviction on plain error …