ineffective assistance
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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…
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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…
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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…
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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…
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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.…
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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…
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Colorado justices ponder defendants’ ‘informed consent’ when challenging convictions
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
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
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
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…