People v. Kiefer, 09CA2115 (Colo. App. Apr. 14, 2011)
Apr 14, 2011OUTCOME: Order Affirmed in Part, Reversed in Part, and Case Remanded with Directions
Lakewood, CO
Appeals Lawyer at Lakewood, CO
Practice Areas: Appeals, Criminal Defense
OUTCOME: Order Affirmed in Part, Reversed in Part, and Case Remanded with Directions
OUTCOME: Order Reversed in Part and Vacated in Part and Case Remanded with Directions
The Court of Appeals remanded this case for an evidentiary hearing on whether Mr. Kazadi was denied effective assistance of counsel on his claim that his attorney failed to advise him of the immigratio ... n consequences of pleading guilty to a misdemeanor drug offense.
OUTCOME: Judgment Affirmed
The Court of Appeals affirmed the district court's ruling that the University was entitled to quasi-judicial immunity, its vacation of the jury's verdict, and its entry of judgment in favor of the Univ ... ersity on Professor Churchill's claim that the University violated his First Amendment rights when it dismissed him.
OUTCOME: Claim of ineffective assistance of postconviction counsel granted
The court found that Mr. Smith was denied his right to effective assistance of counsel by his attorney's failure to timely prosecute his claims for postconviction relief.
OUTCOME: Judgment Affirmed
The Colorado Court of Appeals ruled that there was an inconsistency between the jury verdicts for attempted first degree murder and those for first and second degree assault under the heat of passion, ... but the inconsistency did not require reversal because the existence or absence of heat of passion is not a necessary element of either assault charge.
OUTCOME: Motion for Reduction of Sentence Granted
The district court reduced the defendant's sentence for attempted second degree murder from 25 years to 20 years.
OUTCOME: Judgment Reversed
The Colorado Supreme Court ruled that the trial court abused its discretion by denying the defendant's motion to withdraw his guilty plea, because the trial judge impermissibly participated in the plea ... negotiations that led to the guilty plea.
OUTCOME: Judgment Affirmed
The Colorado Court of Appeals ruled that trial courts are given wide latitude in determining the admissibility of an intoxicated witness's testimony, and it is the jury's role to determine the witness' ... s credibility.
OUTCOME: Order Reversed and Case Remanded with Directions
The Colorado Court of Appeals reversed the district court's denial of postconviction relief and remanded the case for a hearing on the doctrine of laches.
OUTCOME: Judgment Affirmed, Sentence Vacated, and Case Remanded with Directions
The Colorado Court of Appeals vacated the sentence because district court misapplied the crime of violence enhancer.