(Download) "Water Conservancy District v. Chevron Oil Company" by Colorado Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Water Conservancy District v. Chevron Oil Company
- Author : Colorado Supreme Court
- Release Date : January 13, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
We granted certiorari to review the court of appeals holding that the petitioner, Christopher Silva, may have had justifiable excuse for filing his second Crim. P. 35(c) motion outside the statutory time limit set in section 16-5-402(1), C.R.S. (2006). In its ruling, the court of appeals held that the trial court should have investigated whether Silvas motion was justifiably late because the appeal on his first Crim. P. 35(c) motion was not finalized until after the three-year statutory time limit. The court held that only one claim in Silvas motion, the conflict of interest claim concerning post-conviction counsel, required further investigation. The court further held, however, that a related ineffective assistance of post-conviction counsel claim did not require further investigation by the trial court because there is not a right to effective assistance of post-conviction counsel. We affirm the court of appeals decision in part and reverse in part. We hold that there exists a limited statutory right to post-conviction counsel in Colorado and that, where the right exists, counsel must meet the two-prong test of effectiveness as developed in Strickland v. Washington, 466 U.S. 668, 687 (1984).
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