The 10th Circuit agreed with the district court that the Colorado Court of Appeals erred with regard to the confrontation clause in the Alexander Pogosyan case, but agreed with the district court that the error was harmless.
The state Supreme Court also reviewed the appeals court’s decision in Clark v. People, finding an erroneous denial of a juror challenge for cause wasn’t structural because the trial court acted in good faith and the juror didn’t end up serving on the jury.
