Legal Question in Criminal Law in Colorado

need assistance

hello, my husband was convicted and sentenced to 24 yrs, attempted2nd degree murder,32 years 1st degree assault. he had a public defender at the time of his trial and she did not defend him to the best of her ability. the dna evidence was inconclusive. the victim stated that it was not my husband that assaulted him. the witnesses for the defense were not allowed to testify on my husbands behalf. a witness at the the scene stated that she was told by the police that my husband was the man that commited this crime. we have filed appeals at the state level and have been denied. we are currently awaiting a decision the motion 35b we filed last month. we also currently have an appeal at the federal level that was filed year ago. my husband doesnt have access to utilize computers in the prison he is incarcerated. so this is when i am writing. if the appeal in the federal court is denied we stand no chance of every living a normal life. so our question is, if there is an attorney out there that is willing to help us, to point us in the right direction, we would appreciate it tremendously


Asked on 8/31/08, 8:59 pm

1 Answer from Attorneys
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: need assistance

Assuming the conviction was in a Colo. Court, you appear to be on the right path. Appeal to CoA, poss. petition to Co. Supco, 35b reconsideration, then federal appeal to 10th Circuit, petition to US supremes. The only thing you are missing is 35c motion claiming ineffective assistance of counsel. That will likely lose, too. However, with a sentence for a COV, the 35b is huge. You may not be stressing it enough. Almost all inmates, and some attorneys, just file a generic 35b copied from somewhere else. With the COV conviction, your 35b needs evidence and witnesses (and not just useless character witnesses and family members). You need to attack the conviction (even though the 35b is a sentence motion and not a conviction attack, you've got to give the judge a reason why the conviction is wrong). Good luck, but I think you should take a hard look at the 35b, withdraw it if you can, file a stronger 35b. The inmate likely has trouble getting into classes now, since his PED is so far off, but take all you can (especially GED/Associates Degree options).

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Answered on 9/01/08, 2:04 pm


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