ineffective assistance
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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…
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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…
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Appeals court reinstates Denver sex assault convictions in 12-year-old case
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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.…
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Colorado Supreme Court upholds ability of defense lawyers to abandon clients’ claims without consent
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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…
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Colorado justices ponder defendants’ ‘informed consent’ when challenging convictions
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When a criminal defendant asks for postconviction relief, for reasons like new evidence or ineffective assistance from counsel, Colorado’s procedural rules require judges to forward any petition that seems viable to an appointed defense lawyer to investigate or add claims, then to decide whether the defendant deserves relief. But what happens when an appointed attorney…
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10th Circuit dismisses appeal of man convicted for pushing wife off cliff
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The federal appeals court based in Denver has dismissed a man’s challenge to his 2015 murder conviction for pushing his wife off a cliff in Rocky Mountain National Park. Last month, the U.S. Court of Appeals for the 10th Circuit rejected Harold Henthorn’s claim that a trial judge inappropriately narrowed his postconviction challenge to a…
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Colorado appeals court recognizes right to effective counsel in forced-medication cases
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For the first time, Colorado’s second-highest court has recognized there is a right to effective assistance of counsel for people involved in criminal cases whom the government wishes to forcibly medicate. A three-judge panel relied on similar decisions from other states and the principle that involuntary medication proceedings can result in a loss of liberty,…
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Colorado appeals court expands ability for defendants to have postconviction claims investigated
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Colorado’s second-highest court clarified last month that defendants who have at least one credible claim for postconviction relief are entitled to have appointed attorneys consider and investigate all other claims, without a judge imposing restrictions. A three-member panel for the Court of Appeals agreed a judge in El Paso County was wrong to screen a…
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Colorado appeals court orders El Paso County judge to reopen case of man serving 100+ years
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Colorado’s second-highest court last week ordered an El Paso County judge to hold a hearing on an incarcerated man’s claim that he received constitutionally-ineffective assistance of counsel, based on his trial lawyer’s decision not to call multiple witnesses who would have corroborated the defendant’s alibi. Antonio Jose Vargas Jr. is serving a 96-year sentence for…
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Federal judge allows inmate to sue prison employee for causing him to miss SCOTUS appeal deadline
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A federal judge has agreed an incarcerated man can sue a prison employee for causing him to miss his deadline for filing a longshot challenge to his convictions with the U.S. Supreme Court, after the employee allegedly closed the facility’s library the day the petition was due. Last month, U.S. District Court Judge Charlotte N.…
