guilty plea bar (Colorado) · Go Syfert
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guilty plea bar in Colorado

6 Colorado opinions name it 2 courts 1992–2026 2 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. Ishamgreen
coloctapp · 1995 · cited in 2 Colorado opinions naming this issue, 2025–2026
2 sentences

2026We disagree. ¶ 18 “A defendant has no right to raise a constitutional claim after a guilty plea when that claim does not relate directly to the adequacy of the plea.” People v. Isham, 923 P.2d 190, 195 (Colo. App. 1995).

2025See People v. Isham, 923 P.2d 190, 195 (Colo. App. 1995) (“[A] 4 defendant has no right to raise a constitutional claim after a guilty plea when that claim does not relate directly to the adequacy of the plea.”).

22
State v. Andrewsgreen
sd · 2007 · cited in 1 Colorado opinions naming this issue, 2009–2009
1 sentence

2009United States v. Morgan, 230 F.3d 1067, 1071 (8th Cir.2000) (“No court has applied the exception to a claim ... that a statute is unconstitutional as applied.”); United States v. Johnston, 199 F.3d 1015 , 1019 n. 3 (9th Cir.1999) (“this circuit has held that [jurisdictional] claims are limited to claims that the statute is facially unconstitutional”); United States v. Johnson, 194 F.3d 657, 659 (5th Cir.1999) (guilty plea barred subsequent as-applied challenge), vacated on other grounds and remanded, 530 U.S. 1201 , 120 S.Ct. 2193 , 147 L.Ed.2d 230 (2000), and reinstated with modification, 246

11
United States v. Carlos Cortezgreen
ca9 · 1992 · cited in 1 Colorado opinions naming this issue, 2009–2009
1 sentence

2009United States v. Morgan, 230 F.3d 1067, 1071 (8th Cir.2000) (“No court has applied the exception to a claim ... that a statute is unconstitutional as applied.”); United States v. Johnston, 199 F.3d 1015 , 1019 n. 3 (9th Cir.1999) (“this circuit has held that [jurisdictional] claims are limited to claims that the statute is facially unconstitutional”); United States v. Johnson, 194 F.3d 657, 659 (5th Cir.1999) (guilty plea barred subsequent as-applied challenge), vacated on other grounds and remanded, 530 U.S. 1201 , 120 S.Ct. 2193 , 147 L.Ed.2d 230 (2000), and reinstated with modification, 246

11
United States v. Mark A. Morgangreen
ca8 · 2000 · cited in 1 Colorado opinions naming this issue, 2009–2009
1 sentence

2009United States v. Morgan, 230 F.3d 1067, 1071 (8th Cir.2000) (“No court has applied the exception to a claim ... that a statute is unconstitutional as applied.”); United States v. Johnston, 199 F.3d 1015 , 1019 n. 3 (9th Cir.1999) (“this circuit has held that [jurisdictional] claims are limited to claims that the statute is facially unconstitutional”); United States v. Johnson, 194 F.3d 657, 659 (5th Cir.1999) (guilty plea barred subsequent as-applied challenge), vacated on other grounds and remanded, 530 U.S. 1201 , 120 S.Ct. 2193 , 147 L.Ed.2d 230 (2000), and reinstated with modification, 246

11
State v. Robinsongreen
iowa · 2000 · cited in 1 Colorado opinions naming this issue, 2009–2009
1 sentence

2009United States v. Morgan, 230 F.3d 1067, 1071 (8th Cir.2000) (“No court has applied the exception to a claim ... that a statute is unconstitutional as applied.”); United States v. Johnston, 199 F.3d 1015 , 1019 n. 3 (9th Cir.1999) (“this circuit has held that [jurisdictional] claims are limited to claims that the statute is facially unconstitutional”); United States v. Johnson, 194 F.3d 657, 659 (5th Cir.1999) (guilty plea barred subsequent as-applied challenge), vacated on other grounds and remanded, 530 U.S. 1201 , 120 S.Ct. 2193 , 147 L.Ed.2d 230 (2000), and reinstated with modification, 246

11
United States v. Johnsongreen
ca5 · 1999 · cited in 1 Colorado opinions naming this issue, 2009–2009
1 sentence

2009United States v. Morgan, 230 F.3d 1067, 1071 (8th Cir.2000) (“No court has applied the exception to a claim ... that a statute is unconstitutional as applied.”); United States v. Johnston, 199 F.3d 1015 , 1019 n. 3 (9th Cir.1999) (“this circuit has held that [jurisdictional] claims are limited to claims that the statute is facially unconstitutional”); United States v. Johnson, 194 F.3d 657, 659 (5th Cir.1999) (guilty plea barred subsequent as-applied challenge), vacated on other grounds and remanded, 530 U.S. 1201 , 120 S.Ct. 2193 , 147 L.Ed.2d 230 (2000), and reinstated with modification, 246

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

2009Defendant cites People v. Owen, 122 P.3d 1006, 1008 (Colo.App.2005), for the general proposition a guilty plea does not bar issues relating to the “unconstitutionality of the statute defining the crime.” Although this is an accurate quotation, there are three reasons why we do not believe that Owen concluded that constitutional as-applied challenges can be raised after guilty pleas. *264 First, such a conclusion would be contrary to Patton .

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 (8)

CaseCitedYears
cluster 19041 green
·
1 sentence

2009United States v. Morgan, 230 F.3d 1067, 1071 (8th Cir.2000) (“No court has applied the exception to a claim ... that a statute is unconstitutional as applied.”); United States v. Johnston, 199 F.3d 1015 , 1019 n. 3 (9th Cir.1999) (“this circuit has held that [jurisdictional] claims are limited to claims that the statute is facially unconstitutional”); United States v. Johnson, 194 F.3d 657, 659 (5th Cir.1999) (guilty plea barred subsequent as-applied challenge), vacated on other grounds and remanded, 530 U.S. 1201 , 120 S.Ct. 2193 , 147 L.Ed.2d 230 (2000), and reinstated with modification, 246

12009–2009
United States v. Johnson green
scotus · 2000
2 sentences

2009United States v. Morgan, 230 F.3d 1067, 1071 (8th Cir.2000) (“No court has applied the exception to a claim ... that a statute is unconstitutional as applied.”); United States v. Johnston, 199 F.3d 1015 , 1019 n. 3 (9th Cir.1999) (“this circuit has held that [jurisdictional] claims are limited to claims that the statute is facially unconstitutional”); United States v. Johnson, 194 F.3d 657, 659 (5th Cir.1999) (guilty plea barred subsequent as-applied challenge), vacated on other grounds and remanded, 530 U.S. 1201 , 120 S.Ct. 2193 , 147 L.Ed.2d 230 (2000), and reinstated with modification, 246

2009United States v. Morgan, 230 F.3d 1067, 1071 (8th Cir.2000) (“No court has applied the exception to a claim ... that a statute is unconstitutional as applied.”); United States v. Johnston, 199 F.3d 1015 , 1019 n. 3 (9th Cir.1999) (“this circuit has held that [jurisdictional] claims are limited to claims that the statute is facially unconstitutional”); United States v. Johnson, 194 F.3d 657, 659 (5th Cir.1999) (guilty plea barred subsequent as-applied challenge), vacated on other grounds and remanded, 530 U.S. 1201 , 120 S.Ct. 2193 , 147 L.Ed.2d 230 (2000), and reinstated with modification, 246

12009–2009
Virginia v. Maryland green
scotus · 2000
1 sentence

2009United States v. Morgan, 230 F.3d 1067, 1071 (8th Cir.2000) (“No court has applied the exception to a claim ... that a statute is unconstitutional as applied.”); United States v. Johnston, 199 F.3d 1015 , 1019 n. 3 (9th Cir.1999) (“this circuit has held that [jurisdictional] claims are limited to claims that the statute is facially unconstitutional”); United States v. Johnson, 194 F.3d 657, 659 (5th Cir.1999) (guilty plea barred subsequent as-applied challenge), vacated on other grounds and remanded, 530 U.S. 1201 , 120 S.Ct. 2193 , 147 L.Ed.2d 230 (2000), and reinstated with modification, 246

12009–2009
People v. Schneider green
colo · 2001
2 sentences

2009Id. at 762 .

2009Id. at 762 .

12009–2009
United States v. Jerry Lee Johnston green
ca9 · 1999
1 sentence

2009United States v. Morgan, 230 F.3d 1067, 1071 (8th Cir.2000) (“No court has applied the exception to a claim ... that a statute is unconstitutional as applied.”); United States v. Johnston, 199 F.3d 1015 , 1019 n. 3 (9th Cir.1999) (“this circuit has held that [jurisdictional] claims are limited to claims that the statute is facially unconstitutional”); United States v. Johnson, 194 F.3d 657, 659 (5th Cir.1999) (guilty plea barred subsequent as-applied challenge), vacated on other grounds and remanded, 530 U.S. 1201 , 120 S.Ct. 2193 , 147 L.Ed.2d 230 (2000), and reinstated with modification, 246

12009–2009
Von Pickrell v. People green
colo · 1967
1 sentence

1995Von Pickrell v. People, 163 Colo, at 595-96, 431 P.2d at 1005 .

11995–1995
United States v. Broce green
scotus · 1989
2 sentences

1992The United States Supreme Court in United States v. Broce, 488 U.S. 563 , 109 S.Ct. 757 , 102 L.Ed.2d 927 (1989) held that a guilty plea could bar a subsequent double jeopardy challenge.

1992The United States Supreme Court in United States v. Broce, 488 U.S. 563 , 109 S.Ct. 757 , 102 L.Ed.2d 927 (1989) held that a guilty plea could bar a subsequent double jeopardy challenge.

11992–1992
Chatfield v. Colorado Court of Appeals green
colo · 1989
1 sentence

1992Likewise, in Chatfield v. Colorado Court of Appeals, 775 P.2d 1168 (Colo.1989), our supreme court determined that § 18-1-303 is not jurisdictional in nature but provides a complete defense to a subsequent state prosecution within provisions of the statute.

11992–1992

Where else courts name it

TN 276 (1971–2026) IN 262 (1974–2026) IL 200 (1975–2026) GA 179 (1975–2026) MO 159 (1972–2025) PA 150 (1968–2026) OH 92 (1993–2024) IA 68 (1975–2024) MS 66 (1995–2025) TX 61 (1978–2023) WI 58 (1980–2026) DE 42 (1976–2025) LA 41 (1983–2025) NY 34 (1979–2025) CA 25 (1965–2025) MN 24 (1987–2026) MD 20 (1973–2026) SC 18 (1984–2025) MI 17 (1971–2020) AL 17 (1977–2024) OR 16 (1981–2019) ID 16 (1990–2024) CT 11 (1970–2009) VA 11 (1981–2025) MA 10 (1978–2025) FL 8 (1993–2023) NM 8 (1977–2020) WA 7 (1976–2026) NJ 6 (1978–2018) CO 6 (1992–2026) KY 6 (2012–2024) MT 5 (2001–2015) AZ 5 (1977–2022) RI 5 (1979–2013) SD 4 (1996–2014) KS 3 (2001–2026) WY 3 (1986–2018) UT 3 (1994–2008) WV 2 (1993–2002) AR 2 (2013–2015)

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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