People v. Montoya, 06CR2548
Jul 01, 2011OUTCOME: Conviction vacated and new trial ordered
On remand from the Court of Appeals, the trial judge vacated Mr. Montoya's conviction for sexual assault on a child and ordered a new trial
Thomas Karel Carberry's Legal Cases (36)
Denver, CO
Criminal defense Lawyer at Denver, CO
Practice Areas: Criminal Defense, Appeals, Civil Rights
People v. Curren, 1997CR3075
Apr 29, 2011OUTCOME: Not guilty two counts of first degree murder.
Client charged with murdering 2 drug dealers and disposing of their bodies. After a two week jury trial, the jury found Mr. Curren not guilty of both counts of first degree murder.
People v. Rouse, 07CA2380 (Colo. App. 2010)
Aug 26, 2010OUTCOME: Convictions reversed and case remanded for a new trial
A jury convicted Mr. Rouse of multiple counts of arson, the trial judge found him guilty as an habitual offender, and sentenced him to 144 years in prison. The Court of Appeals reversed the conviction ... s and sentences and remanded for a new trial.
People v. Wiegand, 07CA0362 (Colo. App. 2010)
Jun 10, 2010OUTCOME: Convictions reversed and remanded for a new trial
The trial court forced Mr. Wiegand to represent himself at trial. The jury found him guilty of sexual assault on a child. The Court of Appeals reversed and remanded for a new trial.
People v. Montoya, 251 P.3d 35 (Colo. App. 2010)
Mar 04, 2010OUTCOME: Case remanded for hearing
On the advice of his trial lawyer, Mr. Montoya waived his right to a jury trial and the judge convicted him of sexual assault on a child. On appeal, the Court of Appeals remanded with directions. On ... remand, the trial court ordered a new trial.
People v. Sudduth, 95CR646
Jan 06, 2010OUTCOME: Convictions vacated
As a juvenile, Alan pled guilty to second-degree murder and aggravated robbery, with a stipulated 80-year sentence. Alison Ruttenberg represented Alan as the 35(c) lawyer and I was the expert witness. ... We presented the sworn testimony of another man that he had killed the victim, not Alan. We also presented forensic evidence about bullet trajectory that showed Alan could not have killed the victim because he was too short. The trial court granted the 35(c) motion on January 5, 2010). The Court of Appeals later reversed this win on the grounds that Alan had not filed his 35(c) motion within the 3-year statute of limitations. The case is still on appeal. Another example of the finest justice system in the world.
People v. Curren, 228 P.3d 253 (Colo. App. 2009)
Nov 25, 2009OUTCOME: New Trial Ordered
Prosecution appealed trial court's order vacating client's 2 first degree murder convictions. We won on appeal and the Court of Appeals affirmed the trial court's order and remanded for a new trial.
People v. Selman, 2003CR606
Nov 09, 2009OUTCOME: Not guilty second degree murder, guilty manslaughter
Client accused of murdering fellow gang member at a party at a gang member's house. At his first trial with a different attorney, the jury found him guilty of second degree murder and he got 35 years ... in prison. Tom Carberry won his appeal and at the second trial, the jury found Mr. Selman guilty of manslaughter and the court sentenced him to 6 years in prison. He is free today.
People v. Serrano, 96CR651
Sep 10, 2009OUTCOME: Convictions vacated
After years of litigation, including 3 appeals, the trial court finally granted the 35(c) motion on September 10, 2009, and dismissed the case dismissed. But by this point Nathan was dying of kidney a ... nd liver failure, and other diseases. All of the judges and lawyers involved treated Nathan either with indifference of cruelty.
People v. Lobato, 03CR126
Apr 27, 2009OUTCOME: Convictions vacated
Mr. Lobato was convicted of five counts of first-degree assault on a peace officer. On April 27, 2009, the trial court vacated the convictions and 55-year sentence on the basis of ineffective assistan ... ce of counsel. Mr. Lobato then pleaded guilty to first-degree assault on a peace officer with a stipulated sentence of 32 years. I was the expert and Phil Winegar was the 35(c) lawyer.
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