Cullen v. Pinholster, 563 U. S. ____ (2011), No. 09–1088. Experienced Criminal Defense Attorney in Boulder, Colorado explains Death Penalty Law relating to Habeas Corpus, the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), and Ineffective Assistance of Counsel. Facts: A jury in the State of California convicted Mr. Pinholster of murder where he…
Experienced Colorado attorney explains definition of ‘conviction’ for purposes of the two-prior felony rule. People v. Kiniston (Colo.App.2011) Facts: Mr. Kiniston pled guilty to theft directly from a person (a class five felony), and the court approved a deferred sentence. Unfortunately, Mr. Kiniston picked up two felony convictions after the court placed him on the deferred sentenced….
Experienced Colorado Attorney Explains People v. Schakley and Issues of Venue. Synopsis: In an off-year election, 2009, Mr. Schakley allegedly voted in both Arapahoe and Adams counties. Carol Chambers and crew in Arapahoe charged Mr. Schakley, who voted in his own name on both ballots, with misdemeanor voting fraud. The defense filed and the Arapahoe…
Experienced Colorado criminal defense attorney explains a warrantless search of abandoned property – specifically an iPhone. People v. Schutter Synopsis: Up in Aspen, Mr. Schutter dropped by a convenience store, got a key to the restroom, used the facilities, but forgot both the key and his iPhone in the restroom. The clerk at the convenience…
An experienced criminal defense attorney explains Connick v. Thompson and prosecutor’s liability for Brady Violations. Facts: Louisiana convicted Mr. Thompson of armed robbery in one case, murder in another case, and sought and obtained a death sentence against him. The same District Attorney assigned the same lead DA to each case along with 2 other…
Lawyers in a criminal case (the prosecutor and the defense attorney) cannot encourage witnesses from refusing to speak to the other lawyer about the case. However, as one court said, “[i]ndeed, witnesses have a choice whether to speak with counsel […]” about what they have seen and heard. Nonetheless, it is improper for an attorney…
It is a general rule of law that attorneys are not permitted to impede the investigations of witnesses conducted by other lawyers. This is particularly true in criminal law, where depositions are generally not conducted. Example of Lawyers Impeding Investigations The following is an example of a lawyer improperly interfering with the investigation of another…
The attorney-client privilege is intended to protect the client in the attorney-client relationship. Its purpose is to encourage clients to be open and honest with their lawyers. Where the Protection May be Found In Colorado, there is a specific statute setting forth the requirement that an attorney not be examined without the consent of his client about any…