Leyva v. People, 184 P.3d 48 (Colo. 2008)
May 12, 2008OUTCOME: Judgment Reversed
The Colorado Supreme Court ruled that correction of an illegal sentence renews the statutory three-year deadline for filing a petition for postconviction relief.
Lakewood, CO
Appeals Lawyer at Lakewood, CO
Practice Areas: Appeals, Criminal Defense
OUTCOME: Judgment Reversed
The Colorado Supreme Court ruled that correction of an illegal sentence renews the statutory three-year deadline for filing a petition for postconviction relief.
OUTCOME: Judgment Reversed
The Court of Appeals reversed the conviction for second degree murder and remanded the case for a new trial. The Colorado Supreme Court subsequently reversed the judgment of the Court of Appeals. Peo ... ple v. Greenlee, 200 P.3d 363 (Colo. 2009).
OUTCOME: Petition for Postconviction Relief Granted
The district court granted the defendant's petition for postconviction relief and vacated his conviction because he was denied his constitutional right to effective assistance of counsel by his attorne ... y's failure to advise him of the deportation consequences of pleading guilty.
OUTCOME: Judgment Affirmed, Sentence Vacated, and Case Remanded with Directions
The Colorado Court of Appeals vacated the defendant's sentence because the trial court erred by denying his request for conflict-free counsel at his sentencing hearing.
OUTCOME: Order Affrimed in Part, Reversed in Part, and Case Remanded with Directions
The Colorado Court of Appeals reversed, in part, the district court's order denying postconviction relief and remanded the case for an evidentiary hearing.
OUTCOME: Petition for Postconviction Relief Granted
The district court granted the defendant's petition for postconviction relief and reinstated his right to appeal because he was denied his constitutional right to effective assistance of counsel by his ... attorney's failure to perfect his appeal.
OUTCOME: Settlement
The United States settled the plaintiff's claim that government employees violated his First Amendment rights.
OUTCOME: Sentence Vacated and Case Remanded with Directions
The Colorado Court of Appeals vacated the sentence because it was imposed in violation of the defendant's right to allocution.
OUTCOME: Order Affirmed
The Colorado Court of Appeals ruled that for purposes of proportionality review, second degree forgery and attempted escape by walking away from a facility are not grave and serious offenses, but robbe ... ry is a per se grave and serious offense.
OUTCOME: Order Vacated and Case Remanded with Directions
The Colorado Court of Appeals vacated the district court's order denying postconviction relief and remanded the case for an evidentiary hearing.