CUMMINGS v. PEOPLE

No. 88SC368.

785 P.2d 920 (1990)

Pete James CUMMINGS, Petitioner, v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied February 12, 1990.

As Modified February 15, 1990.


Attorney(s) appearing for the Case

Leo Wotan, Jr., Loveland, for petitioner.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., and Clement P. Engle, Asst. Atty. Gen., Denver, for respondent.


Justice ROVIRA delivered the Opinion of the Court.

This case involves defendant's appeal from his conviction entered on a jury verdict finding him guilty of two counts of first-degree murder. He contends that he was deprived of effective assistance of counsel by his trial counsel's failure to collaterally attack his prior felony conviction for aggravated assault in a timely manner. He also contends that his attorney's opening statement accusing defendant's wife of...

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