Legal Question in Criminal Law in Colorado

Ineffective Council

In a recent criminal trial, my friend was to have an expert witness suppiled by the state by order of the trial judge. However, the public defenders failed to do so inspite of my friends persistance in confronting them with this issue. On the very day that the expert was to testify, the DA complained to the judge that this witness had no been ''Shrek'd'' (sp) and right on the spot the expert was disqualified. My friend did not know what to do and allowed these PD's to say the case could be won without the expert. They were wrong-my friend was convicted. Can my friend now motion the court for either misconduct on the atty's or ineffective council? After all, they were ORDERED to get him an expert. He may be looking at a life sentence for a crime he DID NOT committ. He is INNOCENT! Thank you.


Asked on 12/29/05, 8:22 am

1 Answer from Attorneys
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Ineffective Council

Yes. He can file a post-conviction motion to void the trial due to inneffective assistance of counsel. If acting within 45 days of sentencing, he can also appeal.

Read more
Answered on 12/29/05, 10:35 am


Related Questions & Answers

More Criminal Law questions and answers in Colorado