Jamale D. Townsell v. The People of the State of Colorado

Opinion

Jamale D. Townsell, Petitioner v. The People of the State of Colorado Respondent

No. 23SC924

Supreme Court of Colorado, En Banc

September 9, 2024

Court of Appeals Case Number 21CA2068

Petition for Writ of Certiorari GRANTED.

Whether the standard for appointment of counsel under Criminal Rule of Procedure 35(c) differs from the standard for granting a hearing.

Whether an indigent pro se petitioner alleging ineffective assistance of counsel for failure to investigate DNA evidence must specify how exculpatory DNA evidence would undermine confidence in the conviction to sustain a Rule 35(c) motion.

Whether petitioner is entitled to postconviction counsel and a hearing to develop his claim that trial counsel rendered ineffective assistance of counsel by failing to investigate DNA evidence.