postconviction
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Divided Colorado Supreme Court rejects defendant’s claim of deficient DNA investigation
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The Colorado Supreme Court decided on Tuesday, by 4-2, that a defendant failed to allege how uninvestigated, inaccessible DNA evidence would have shown he was wrongly convicted. When Jamale D. Townsell filed a petition from prison seeking postconviction relief, he argued his trial lawyer was constitutionally ineffective for failing to properly investigate DNA evidence that…
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Appeals court clarifies what materials judges may rely on for postconviction decisions
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Colorado’s second-highest court clarified on Thursday that trial judges who are deciding whether to grant relief to convicted defendants may rely on the materials attached to, or referenced in, the parties’ arguments. In contrast to direct appeals of criminal convictions, which usually allege errors before trial, at trial or at sentencing, defendants also have the…
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Colorado Supreme Court may address ‘new form of representation’ in criminal case
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The Colorado Supreme Court signaled last week that it may get involved in an ongoing Denver criminal proceeding in which the prosecution alleges a trial judge sidestepped the clear rules for appointing defense counsel. At least four of the court’s seven members must agree to intervene in a case outside the typical appellate process. Clemente…
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Colorado justices concerned about blocking self-represented prisoners from pursuing claims due to lack of resources
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When Jamale D. Townsell filed a petition from prison seeking postconviction relief, he argued his trial lawyer was constitutionally ineffective for failing to properly investigate DNA evidence that would have called his responsibility for a 2013 bank robbery into question. The state’s Court of Appeals rejected his petition, reasoning Townsell had not shown how the…
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Appeals court calls out Denver judge for illogical denial of sentence reduction
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A Denver judge wrongly rejected a convicted defendant’s request for a sentence reduction because his stated reasons for denying the motion could not possibly have been true, Colorado’s second-highest court concluded on Thursday. Jurors convicted Brent M. Kelley in 2018 of second-degree murder and a drug offense. He received a 47-year prison sentence. After appealing…
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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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‘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…
