right to counsel
-
Appeals court orders new trial after Denver judge wrongly let defendant represent self
—
by
A Denver judge incorrectly found that a defendant understood what he was doing by giving up his constitutional right to counsel, Colorado’s second-highest court concluded on Thursday in overturning the man’s assault convictions. Criminal defendants are allowed to represent themselves at trial by waiving their right to counsel. However, such a waiver must be “voluntary,…
-
Appeals court, prosecution, defense all agree judge violated Routt County defendant’s right to counsel
—
by
After the government and the defense both expressed rare agreement that a judge failed to ensure a Routt County defendant validly gave up his right to counsel, Colorado’s second-highest court ordered a redo of the proceedings on Thursday. Jurors convicted Movses Mikaelyan in 2023 for the unauthorized use of a financial device. Shortly afterward, his…
-
Defendant’s ‘extreme religious beliefs’ did not render her incompetent, appeals court rules
—
by
Colorado’s second-highest court decided last week that a defendant’s “extreme religious beliefs” did not render her incompetent to proceed, nor did they invalidate her decision to represent herself at trial. A three-judge panel for the Court of Appeals did not believe Ika Eden had any mental health issues that interfered with her ability to understand…
-
Colorado justices to decide whether decades-old constitutional violation affects man’s 2021 conviction
—
by
The Colorado Supreme Court announced on Tuesday it will determine whether an alleged violation of a man’s constitutional right to counsel more than 30 years ago has any bearing on his 2021 drunk driving conviction. At least three of the court’s seven members must agree to hear an appeal. Under Colorado law, driving under the influence…
-
Appeals court rejects use of 86-year-old SCOTUS decision to challenge DUI conviction
—
by
Rejecting a creative argument from a man convicted of driving under the influence, Colorado’s second-highest court on Thursday concluded a line from an 86-year-old U.S. Supreme Court decision did not call into question the legitimacy of the defendant’s prior DUI offenses. The Sixth Amendment guarantees the assistance of counsel for criminal defendants. Most famously, the…
-
Appeals court rejects use of 86-year-old SCOTUS decision to challenge DUI conviction
—
by
Rejecting a creative argument from a man convicted of driving under the influence, Colorado’s second-highest court on Thursday concluded a line from an 86-year-old U.S. Supreme Court decision did not call into question the legitimacy of the defendant’s prior DUI offenses. The Sixth Amendment guarantees the assistance of counsel for criminal defendants. Most famously, the…
-
Appeals court reverses stalking conviction after Douglas County judge violated right to counsel
—
by
A Douglas County judge violated the rules of criminal procedure and the Sixth Amendment’s right to counsel when she allowed a defense attorney to withdraw, did not seek input from the defendant and did not evaluate the necessity of the withdrawal, Colorado’s second-highest court ruled on Thursday. Shari Leigh Dooley ended up representing herself at trial,…
-
Appeals court reverses stalking conviction after Douglas County judge violated right to counsel
—
by
A Douglas County judge violated the rules of criminal procedure and the Sixth Amendment’s right to counsel when she allowed a defense attorney to withdraw, did not seek input from the defendant and did not evaluate the necessity of the withdrawal, Colorado’s second-highest court ruled on Thursday. Shari Leigh Dooley ended up representing herself at trial,…
-
Boulder County judge wasn’t obligated to bail out self-represented defendant, appeals court rules
—
by
Colorado’s second-highest court concluded last month that a criminal defendant in Boulder County was not unfairly forced to choose between his rights to a speedy trial and to an attorney, and, when he elected to go without an attorney, the trial judge was not obligated to save him from his own poor performance. Jurors convicted Timothy…
-
Colorado Supreme Court to review safeguards against interrogations by child welfare workers
—
by
The Colorado Supreme Court announced on Monday that it will review two murder cases implicating a question the court has never answered: When a child welfare worker questions a suspect in custody, must they provide a Miranda warning first? At least three of the court’s seven members need to consent to hear a case on…
