Tag: ineffective assistance
-
Colorado justices recognize limited right to evidence in postconviction challenges
The Colorado Supreme Court ruled on Monday that defendants challenging their convictions may, in certain circumstances, be entitled to receive the information the prosecution already handed over for trial at no cost. The justices rejected the argument that defendants seeking postconviction relief must use the open records law specific to criminal justice records, which prosecutors’…
-
Colorado justices say judge had no grounds to order defendant to turn over info to prosecution
The Colorado Supreme Court agreed on Monday that a trial judge had no authority to order a defendant to give the prosecution a preview of what his expert witness would say at a hearing to challenge his murder convictions. In contrast to direct appeals of criminal convictions, defendants may pursue postconviction relief in the trial courts for…
-
Appeals court clarifies path for claiming lawyer was constitutionally ineffective in contempt proceedings
Colorado’s second-highest court on Thursday clarified that people who are held in contempt of court do have a way to challenge their convictions based on their lawyer’s allegedly ineffective assistance. The U.S. Supreme Court has long recognized that a convicted defendant may argue their constitutional rights were violated because their attorney’s performance was objectively unreasonable in a…
-
Appeals court agrees Boulder County judge needed to look into attorney’s alleged unauthorized practice
Colorado’s second-highest court agreed earlier this month that a Boulder County judge mistakenly rejected a man’s petition for postconviction relief when she should have looked into his allegation that his defense lawyer represented him despite being unauthorized to practice law. David Keith McCoy pleaded guilty in 2012 to organized crime and drug possession charges and…
-
10th Circuit finds judge prematurely dismissed prisoner’s challenge to sentence
The federal appeals court based in Denver concluded on Tuesday that a trial judge should have held a hearing to explore whether factors beyond an incarcerated man’s control prevented him from challenging his sentence within the required window. Michael Robert Stevens is serving a 56-month prison sentence after pleading guilty to possessing pipe bombs and…
-
Federal judge says defendant’s rights not violated by different meaning of ‘pimping’ in ‘Black culture’
A federal judge last week rejected the argument that a defendant should receive a new child sex trafficking trial because his attorney failed to ensure jurors understood “pimping” allegedly meant something different in “Black/African-American culture.” Jalil Lemason Robinson is serving a nearly 16-year sentence after jurors convicted him on two counts related to the attempted…
-
Appeals court reinstates Denver sex assault convictions in 12-year-old case
Following a rare appeal by the prosecution, Colorado’s second-highest court last month reinstated a defendant’s sexual assault convictions, reversing a judge’s order for a new trial based on the alleged ineffectiveness of defense counsel. Stephen J. Ahuero’s criminal case, which began in 2012, previously reached both the Court of Appeals and the state Supreme Court.…
-
Colorado Supreme Court upholds ability of defense lawyers to abandon clients’ claims without consent
The Colorado Supreme Court made it easier on Monday for criminal defense lawyers seeking postconviction relief on behalf of their clients to abandon any claims they wish, even over the client’s objection. Noting courts have long treated trial lawyers as the “captain of the ship,” the Supreme Court clarified that defense attorneys appointed to pursue…