defendant cannot claim (Colorado) · Go Syfert
← Colorado issues

defendant cannot claim in Colorado

6 Colorado opinions name it 2 courts 1990–2025 1 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. Woellhafgreen
coloctapp · 2007 · cited in 1 Colorado opinions naming this issue, 2025–2025
1 sentence

2025Therefore, “[w]here appellate review of the sentences at issue is clearly allowed, a defendant cannot claim any expectation of finality in his or her original sentencing.” People v. Woellhaf, 199 P.3d 27, 30 (Colo. App. 2007). 2.

11
People v. Manngreen
colo · 1982 · cited in 1 Colorado opinions naming this issue, 2012–2012
1 sentence

2012See People v. Mann, 646 P.2d 352 , 358 (Colo.1982) ("The decision not to serve [a key witness], when there was ample opportunity, was a trial tactic, subject to the risk of backfiring, and thus the defendant is not entitled to complain that she was deprived of the right to present testimony."); People v. Peterson, 656 P.2d 1301 , 1304 (Colo.1983) ("When defense counsel's strategy backfires, the resultant error cannot be urged as grounds for reversal on appeal."); People v. Rowerdink, 756 P.2d 986 , 993 (Colo.1988) ("[W]e held that, when defense counsel's strategy backfires, the resultant error

11
People v. Rowerdinkgreen
colo · 1988 · cited in 1 Colorado opinions naming this issue, 2012–2012
1 sentence

2012See People v. Mann, 646 P.2d 352 , 358 (Colo.1982) ("The decision not to serve [a key witness], when there was ample opportunity, was a trial tactic, subject to the risk of backfiring, and thus the defendant is not entitled to complain that she was deprived of the right to present testimony."); People v. Peterson, 656 P.2d 1301 , 1304 (Colo.1983) ("When defense counsel's strategy backfires, the resultant error cannot be urged as grounds for reversal on appeal."); People v. Rowerdink, 756 P.2d 986 , 993 (Colo.1988) ("[W]e held that, when defense counsel's strategy backfires, the resultant error

11
People v. Lybargergreen
colo · 1985 · cited in 1 Colorado opinions naming this issue, 2012–2012
1 sentence

2012See People v. Mann, 646 P.2d 352 , 358 (Colo.1982) ("The decision not to serve [a key witness], when there was ample opportunity, was a trial tactic, subject to the risk of backfiring, and thus the defendant is not entitled to complain that she was deprived of the right to present testimony."); People v. Peterson, 656 P.2d 1301 , 1304 (Colo.1983) ("When defense counsel's strategy backfires, the resultant error cannot be urged as grounds for reversal on appeal."); People v. Rowerdink, 756 P.2d 986 , 993 (Colo.1988) ("[W]e held that, when defense counsel's strategy backfires, the resultant error

11
People v. Petersongreen
colo · 1983 · cited in 1 Colorado opinions naming this issue, 2012–2012
1 sentence

2012See People v. Mann, 646 P.2d 352 , 358 (Colo.1982) ("The decision not to serve [a key witness], when there was ample opportunity, was a trial tactic, subject to the risk of backfiring, and thus the defendant is not entitled to complain that she was deprived of the right to present testimony."); People v. Peterson, 656 P.2d 1301 , 1304 (Colo.1983) ("When defense counsel's strategy backfires, the resultant error cannot be urged as grounds for reversal on appeal."); People v. Rowerdink, 756 P.2d 986 , 993 (Colo.1988) ("[W]e held that, when defense counsel's strategy backfires, the resultant error

11
People v. Aguirregreen
coloctapp · 1992 · cited in 1 Colorado opinions naming this issue, 2011–2011
1 sentence

2011See People v. Aguirre, 839 P.2d 483, 487 (Colo.App.1992).

11
People v. Kibelgreen
colo · 1985 · cited in 1 Colorado opinions naming this issue, 2008–2008
2 sentences

2008Cf. People v. Kibel, 701 P.2d 37, 43 (Colo.1985) (collecting cases for the proposition that a defendant cannot challenge a sentencing scheme unless it is actually applied to him or her).

2008Cf. People v. Kibel, 701 P.2d 37, 43 (Colo. 1985) (collecting cases for the proposition that a defendant cannot challenge a sentencing scheme unless it is actually applied to him or her).

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 (5)

CaseCitedYears
Denver Publishing Co. v. Board of County Commissioners green
colo · 2005
1 sentence

2012See People v. Mann, 646 P.2d 352 , 358 (Colo.1982) ("The decision not to serve [a key witness], when there was ample opportunity, was a trial tactic, subject to the risk of backfiring, and thus the defendant is not entitled to complain that she was deprived of the right to present testimony."); People v. Peterson, 656 P.2d 1301 , 1304 (Colo.1983) ("When defense counsel's strategy backfires, the resultant error cannot be urged as grounds for reversal on appeal."); People v. Rowerdink, 756 P.2d 986 , 993 (Colo.1988) ("[W]e held that, when defense counsel's strategy backfires, the resultant error

12012–2012
People v. Rogers green
coloctapp · 2012
2 sentences

2012On issues of trial strategy, defense counsel is captain of the ship.") (internal citations omitted); People v. Rogers, 2012 COA 192 , ¶ 15, 317 P.3d 1280 (Colo.App.2012) (citing Cropper v. People, 251 P.3d 434 , 435 (Colo.2011) ) (acknowledging that counsel may waive a client's Sixth Amendment confrontation right). ¶ 60 Therefore, while counsel may, in fact, decide for strategic reasons not to question jurors on racial bias, a defendant cannot claim his rights were violated when an opportunity existed to protect those rights but his counsel failed to do so for tactical reasons.

2012On issues of trial strategy, defense counsel is captain of the ship.") (internal citations omitted); People v. Rogers, 2012 COA 192 , ¶ 15, 317 P.3d 1280 (Colo.App.2012) (citing Cropper v. People, 251 P.3d 434 , 435 (Colo.2011) ) (acknowledging that counsel may waive a client's Sixth Amendment confrontation right). ¶ 60 Therefore, while counsel may, in fact, decide for strategic reasons not to question jurors on racial bias, a defendant cannot claim his rights were violated when an opportunity existed to protect those rights but his counsel failed to do so for tactical reasons.

12012–2012
Cropper v. People green
colo · 2011
1 sentence

2012On issues of trial strategy, defense counsel is captain of the ship.") (internal citations omitted); People v. Rogers, 2012 COA 192 , ¶ 15, 317 P.3d 1280 (Colo.App.2012) (citing Cropper v. People, 251 P.3d 434 , 435 (Colo.2011) ) (acknowledging that counsel may waive a client's Sixth Amendment confrontation right). ¶ 60 Therefore, while counsel may, in fact, decide for strategic reasons not to question jurors on racial bias, a defendant cannot claim his rights were violated when an opportunity existed to protect those rights but his counsel failed to do so for tactical reasons.

12012–2012
Pennsylvania v. Goldhammer green
scotus · 1985
2 sentences

2007Pennsylvania v. Goldhammer, 474 U.S. 28, 30 , 106 S.Ct. 358 , 354, 88 L.Ed.2d 183 (1985).

2007Pennsylvania v. Goldhammer, 474 U.S. 28, 30 , 106 S.Ct. 358 , 354, 88 L.Ed.2d 183 (1985).

12007–2007
Enmund v. Florida green
scotus · 1982
2 sentences

1990In answering this question, the Court "looked to the historical development of the punishment at issue, legislative judgments, international opinion, and the sentencing decisions juries have made before bringing its own judgment to bear on the matter." Enmund, 458 U.S. at 788-89 , 102 S.Ct. at 3372 . [20] In this case, however, the defendant cannot claim that he "neither took life, attempted to take life, nor intended to take life," i.e., Enmund.

1990In answering this question, the Court "looked to the historical development of the punishment at issue, legislative judgments, international opinion, and the sentencing decisions juries have made before bringing its own judgment to bear on the matter." Enmund, 458 U.S. at 788-89 , 102 S.Ct. at 3372 . [20] In this case, however, the defendant cannot claim that he "neither took life, attempted to take life, nor intended to take life," i.e., Enmund.

11990–1990

Where else courts name it

IL 97 (1941–2026) OH 86 (1998–2026) WA 48 (1904–2026) TX 43 (1855–2023) PA 40 (1907–2025) CA 39 (1915–2026) NY 35 (1873–2026) LA 29 (1920–2019) AL 21 (1912–2009) KS 21 (1885–2024) CT 18 (1983–2018) MI 13 (1886–2023) FL 12 (1947–2015) MA 11 (1942–2025) IN 10 (1983–2019) NM 9 (1938–2023) AZ 9 (1973–2026) MO 9 (1990–2025) OR 8 (1897–2023) NC 7 (1978–2009) ID 6 (1909–2026) CO 6 (1990–2025) DC 6 (1994–2016) WI 5 (1975–1993) SD 5 (1975–2014) VA 5 (1990–2026) IA 4 (1907–2024) MT 4 (1980–2016) VT 4 (2003–2007) MS 4 (2015–2026) ME 3 (1975–1996) KY 3 (1934–2025) NJ 3 (1905–1983) UT 3 (1968–2019) RI 3 (1980–1990) AR 2 (2009–2009) OK 2 (1912–1936) ND 2 (1962–2023) AK 2 (1981–2010) DE 2 (2020–2025) TN 2 (1963–2026)

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.

← Caselaw search · G Cite Topics · Brief Check