ineffective assistance
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Colorado justices may address whether defendants have right to review evidence when challenging convictions
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The Colorado Supreme Court signaled on Tuesday that it may decide whether defendants challenging their criminal convictions due to ineffective assistance of counsel are entitled to the evidence the prosecution already handed over before trial. An attorney representing Keevin Bell II years after his Jefferson County murder conviction was unable to obtain all the evidence…
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Appeals judge calls for investigation into law firm’s handling of potential murder weapon
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A member of Colorado’s second-highest court took the extraordinary step on Thursday of calling for an investigation into the “serious ethical issues” raised by a criminal defense firm’s concealment of a potential murder weapon at its office without notifying the prosecution. A three-judge Court of Appeals panel upheld the convictions of Daniel Jesus Lopez, who is…
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Defense lawyer’s sarcasm did not indicate ineffective assistance, appeals court says
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Colorado’s second-highest court last month rejected a defendant’s argument that his trial lawyer had essentially told jurors he was guilty, when it instead appeared the lawyer was speaking sarcastically. El Paso County prosecutors charged David Donis in 2007 with numerous criminal offenses, including kidnapping, burglary and assault. Jurors convicted him and Donis is serving life…
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‘Deceivingly complicated’: Appeals judges talk to lawyers about postconviction cases
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Members of Colorado’s second-highest court told lawyers and judges on Thursday what they are looking for when a convicted defendant argues they are entitled to relief for reasons beyond the typical array of trial-related errors. In contrast to direct appeals of criminal convictions, which usually allege errors before trial, at trial or at sentencing, defendants…
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Colorado justices say judge had no grounds to order defendant to turn over info to prosecution
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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
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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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Appeals court agrees Boulder County judge needed to look into attorney’s alleged unauthorized practice
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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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10th Circuit finds judge prematurely dismissed prisoner’s challenge to sentence
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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…
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10th Circuit finds judge prematurely dismissed prisoner’s challenge to sentence
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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…
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Federal judge says defendant’s rights not violated by different meaning of ‘pimping’ in ‘Black culture’
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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…
