postconviction
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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…
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Colorado justices to examine whether defendants must reveal evidence in postconviction challenges
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The Colorado Supreme Court signaled last week that it will address whether judges have the authority to make defendants who are challenging their convictions disclose details to the prosecution about what their expert witnesses will say. In contrast to direct appeals of criminal convictions, defendants may pursue postconviction relief in the trial courts for limited…
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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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Colorado Supreme Court wary of letting judges restrict defense lawyers’ work on postconviction claims
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Members of the Colorado Supreme Court seemed sympathetic last week to the idea that trial judges, under the current rules for criminal cases, cannot restrict defense attorneys from investigating postconviction claims their clients raise when at least one of the claims has merit. Convicted defendants may seek postconviction relief for specific reasons, including that their sentence is…
