postconviction motion without hearing (Colorado) · Go Syfert
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postconviction motion without hearing in Colorado

10 Colorado opinions name it 1 courts 2007–2026 7 in the last five years

The cases below were cited by Colorado courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
People v. Venzorgreen
coloctapp · 2005 · cited in 3 Colorado opinions naming this issue, 2007–2021
2 sentences

2021Pe ople v. Venzor , 121 P.3d 260 , 2 62 (Colo. App. 2005). ¶ 12 As presented in Nardello’s motion, the claim that postconviction counsel provided ineffective assistance merely states that postconviction counsel failed to investigate trial counsel’s ineffectiveness for failing to object to restitution.

2009See People *339 v. Long, 126 P.3d 284, 286 (Colo.App.2005) (whether a postconviction motion states a claim for relief is a legal determination subject to de novo review); People v. Venzor, 121 P.3d 260, 262 (Colo.App.2005) (denial of a postconviction motion without a hearing is appropriate if the claims raise an issue of law, or if the allegations asserted, even if true, do not provide a basis for relief).

23
People v. Trujillogreen
coloctapp · 2007 · cited in 2 Colorado opinions naming this issue, 2024–2024
2 sentences

2024People v. Trujillo , 169 P.3d 235, 237 (Colo. Ap p. 2007) . ¶ 12 A defendant has three years to collaterally attack a final judgment for a class 5 felony. § 16-5- 40 2(1), C.R.S. 2023.

2024People v. Trujillo , 169 P.3d 235, 237 (Colo. Ap p. 2007) . ¶ 12 A defendant has three years to collaterally attack a final judgment for a class 5 felony. § 16-5- 40 2(1), C.R.S. 2023.

22
People v. Caligreen
colo · 2020 · cited in 2 Colorado opinions naming this issue, 2025–2026
2 sentences

2026People v. Cali, 2020 CO 20, ¶ 14 . ¶ 10 The substance of a postconviction motion controls whether it falls under Crim.

2025See People v. Cali, 2020 CO 20, ¶ 14 .

12
People v. Chavarria-Sanchezgreen
coloctapp · 2009 · cited in 1 Colorado opinions naming this issue, 2026–2026
1 sentence

2026See People v. Chavarria-Sanchez, 207 P.3d 902, 904 (Colo. App. 2009); 3 see also People v. Castillo, 2022 COA 20 , ¶ 15 (de novo review applies to the denial of a postconviction motion without a hearing).

11
People v. Torrezgreen
coloctapp · 2013 · cited in 1 Colorado opinions naming this issue, 2024–2024
1 sentence

2024Cf. People v. Torrez, 2013 COA 37, ¶ 92 (reversing the defendant’s sentence but declining to remand for resentencing where the trial court “clearly and unequivocally stated that it intended to impose the maximum 33 sentence,” and instead correcting the sentence on appeal to achieve the maximum possible lawful sentence); see also Ardolino v. People, 69 P.3d 73, 77 (Colo. 2003) (denial of a postconviction motion without a hearing is justified if the existing record establishes that the defendant’s factual allegations, even if proved true, would fail to demonstrate prejudice).

11
Ardolino v. Peoplegreen
colo · 2003 · cited in 1 Colorado opinions naming this issue, 2024–2024
1 sentence

2024Cf. People v. Torrez, 2013 COA 37, ¶ 92 (reversing the defendant’s sentence but declining to remand for resentencing where the trial court “clearly and unequivocally stated that it intended to impose the maximum 33 sentence,” and instead correcting the sentence on appeal to achieve the maximum possible lawful sentence); see also Ardolino v. People, 69 P.3d 73, 77 (Colo. 2003) (denial of a postconviction motion without a hearing is justified if the existing record establishes that the defendant’s factual allegations, even if proved true, would fail to demonstrate prejudice).

11
People v. Longgreen
coloctapp · 2005 · cited in 1 Colorado opinions naming this issue, 2009–2009
1 sentence

2009See People *339 v. Long, 126 P.3d 284, 286 (Colo.App.2005) (whether a postconviction motion states a claim for relief is a legal determination subject to de novo review); People v. Venzor, 121 P.3d 260, 262 (Colo.App.2005) (denial of a postconviction motion without a hearing is appropriate if the claims raise an issue of law, or if the allegations asserted, even if true, do not provide a basis for relief).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Colorado. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Steward v. People green
colo · 1972
2 sentences

2016With regard to trial strategy, defense counsel has final authority to make strategic or tactical decisions, including "what strategy should be employed in the defense of the case." Arko v. People , 183 P.3d 555 , 558 (Colo. 2008) (quoting Steward v. People , 179 Colo. 31 , 34, 498 P.2d 933 , 934 (1972) ). ¶ 18 A district court may deny a postconviction motion without a hearing for a number of reasons.

2016With regard to trial strategy, defense counsel has final authority to make strategic or tactical decisions, including "what strategy should be employed in the defense of the case." Arko v. People , 183 P.3d 555 , 558 (Colo. 2008) (quoting Steward v. People , 179 Colo. 31 , 34, 498 P.2d 933 , 934 (1972) ). ¶ 18 A district court may deny a postconviction motion without a hearing for a number of reasons.

12016–2016
Arko v. People green
colo · 2008
1 sentence

2016With regard to trial strategy, defense counsel has final authority to make strategic or tactical decisions, including "what strategy should be employed in the defense of the case." Arko v. People , 183 P.3d 555 , 558 (Colo. 2008) (quoting Steward v. People , 179 Colo. 31 , 34, 498 P.2d 933 , 934 (1972) ). ¶ 18 A district court may deny a postconviction motion without a hearing for a number of reasons.

12016–2016

Statutes the citing opinions construe

CO § Colo. Rev. Stat. § 24-51-1105 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

WI 42 (1997–2026) CO 10 (2007–2026)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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