CLOSE v. PEOPLE

No. 06SC520.

180 P.3d 1015 (2008)

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

Supreme Court of Colorado, En Banc.

March 24, 2008.


Attorney(s) appearing for the Case

Douglas K. Wilson, Colorado State Public Defender, Kathleen A. Lord, Deputy State Public Defender, Denver, Colorado, Attorneys for Petitioner.

John W. Suthers, Attorney General, Laurie A. Booras, First Assistant Attorney General, Appellate Division, Criminal Justice Section, Denver, Colorado, Attorneys for Respondent.


Justice HOBBS delivered the Opinion of the Court.

In this Crim. P. 35(c) case, we are asked to address the issue of whether conflict-free counsel should be appointed for James Close in order to investigate and pursue potential relief from operation of the post-conviction time bar, at a trial court hearing, based upon the justifiable excuse or excusable neglect exception to the time bar and a colorable claim of ineffective assistance of counsel for failure to raise...

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