judge gregory lammons
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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…