Tag: postconviction
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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’…
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Appeals court clarifies what materials judges may rely on for postconviction decisions
Colorado’s second-highest court clarified on Thursday that trial judges who are deciding whether to grant relief to convicted defendants may rely on the materials attached to, or referenced in, the parties’ arguments. In contrast to direct appeals of criminal convictions, which usually allege errors before trial, at trial or at sentencing, defendants also have the…
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Colorado Supreme Court may address ‘new form of representation’ in criminal case
The Colorado Supreme Court signaled last week that it may get involved in an ongoing Denver criminal proceeding in which the prosecution alleges a trial judge sidestepped the clear rules for appointing defense counsel. At least four of the court’s seven members must agree to intervene in a case outside the typical appellate process. Clemente…
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Appeals court calls out Denver judge for illogical denial of sentence reduction
A Denver judge wrongly rejected a convicted defendant’s request for a sentence reduction because his stated reasons for denying the motion could not possibly have been true, Colorado’s second-highest court concluded on Thursday. Jurors convicted Brent M. Kelley in 2018 of second-degree murder and a drug offense. He received a 47-year prison sentence. After appealing…
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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…
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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…
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Colorado Supreme Court accepts cases on DNA exoneration, medical negligence, online reviews
The Colorado Supreme Court announced this month it will hear appeals in four cases, including one that questions the level of detail a convicted defendant must provide when asserting the existence of DNA evidence that could exonerate him. At least three of the court’s seven members must agree to take up an appeal. The justices…
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Colorado justices to examine whether defendants must reveal evidence in postconviction challenges
The Colorado Supreme Court signaled last week that it will address whether judges have the authority to make defendants who are challenging their convictions disclose details to the prosecution about what their expert witnesses will say. In contrast to direct appeals of criminal convictions, defendants may pursue postconviction relief in the trial courts for limited…
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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…
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Colorado Supreme Court wary of letting judges restrict defense lawyers’ work on postconviction claims
Members of the Colorado Supreme Court seemed sympathetic last week to the idea that trial judges, under the current rules for criminal cases, cannot restrict defense attorneys from investigating postconviction claims their clients raise when at least one of the claims has merit. Convicted defendants may seek postconviction relief for specific reasons, including that their sentence is…