postconvietion proceeding. Therefore, the narrower approach does not clearly establish judicial economy. T48 Hinojos-Mendoza does not require a different conclusion. There, the supreme court recognized judicial economy in taking up an unpreserved confrontation issue under Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004). The court explained that the defendant could rely on Crawford because it had been decided during his direct appeal. But trial counsel could hardly have been expected to raise the issue the Crawford court decided, contrary to controlling Colorado precedent. See People v. Dement, 661 P.2d 675, 680-81 (Colo.1983) (relying on Ohio v. Roberts, 448 U.S. 56, 100 S.Ct. 2531, 65 L.Ed.2d 597 (1980)), abrogated by People v. Fry, 92 P.3d 970 (Colo.2004) (<HOLDING>). 1 44 Here, in contrast, defendant does not
recognizing same recognizing crawford partially abrogated alacode  152532 recognizing rule recognizing general rule but treating as legal question because ohio statute set out qualifications for position that were not met by applicant recognizing the rejection of ohio v roberts by crawford v washington