Tag: right to counsel
-
Colorado justices to decide whether decades-old constitutional violation affects man’s 2021 conviction
The Colorado Supreme Court announced on Tuesday it will determine whether an alleged violation of a man’s constitutional right to counsel more than 30 years ago has any bearing on his 2021 drunk driving conviction. At least three of the court’s seven members must agree to hear an appeal. Under Colorado law, driving under the influence…
-
Appeals court rejects use of 86-year-old SCOTUS decision to challenge DUI conviction
Rejecting a creative argument from a man convicted of driving under the influence, Colorado’s second-highest court on Thursday concluded a line from an 86-year-old U.S. Supreme Court decision did not call into question the legitimacy of the defendant’s prior DUI offenses. The Sixth Amendment guarantees the assistance of counsel for criminal defendants. Most famously, the…
-
Appeals court reverses stalking conviction after Douglas County judge violated right to counsel
A Douglas County judge violated the rules of criminal procedure and the Sixth Amendment’s right to counsel when she allowed a defense attorney to withdraw, did not seek input from the defendant and did not evaluate the necessity of the withdrawal, Colorado’s second-highest court ruled on Thursday. Shari Leigh Dooley ended up representing herself at trial,…
-
Boulder County judge wasn’t obligated to bail out self-represented defendant, appeals court rules
Colorado’s second-highest court concluded last month that a criminal defendant in Boulder County was not unfairly forced to choose between his rights to a speedy trial and to an attorney, and, when he elected to go without an attorney, the trial judge was not obligated to save him from his own poor performance. Jurors convicted Timothy…