§ 16-12-208 — Supreme court - rules

Colorado § 16-12-208

• Jurisdiction: Colorado
• Title 16: Criminal
• Art.: Review of Judgments in Criminal Cases

Text

(1) No later than January 1, 1998, the
Colorado supreme court shall adopt rules to establish procedures, including time
limits, for the postconviction review and unitary appeal process created by this part
2.

(2) The rules adopted by the Colorado supreme court pursuant to subsection
(1) of this section shall address, but are not limited to:

(a) Filing and resolution of motions for new trial;

(b) The timing of the advisement hearing described in section 16-12-204 (2);

(c) The preparation of transcripts for postconviction review and unitary
appeal;

(d) Filing and resolution of motions for postconviction review, including but
not limited to provisions for determining whether evidentiary hearings are
necessary to resolve such motions;

(e) Reciprocal discovery for the defendant and the prosecution during the
postconviction review process;

(f) Prompt access by new postconviction counsel to trial counsel's files and
materials;

(g) Waiver of a defendant's right to postconviction review and appeal of a
conviction and sentence of death;

(h) Resolution of claims of ineffective assistance of counsel on direct appeal
by way of a petition for rehearing;

(i) Filing of notices of appeal in the supreme court;

(j) Certification of the appellate record to the supreme court;

(k) Filing of briefs in the supreme court;

(l) Establishment of expedited procedures for resolving second or
subsequent requests for relief filed by a defendant after conclusion of the process
established by this part 2, including but not limited to motions filed under section
16-12-209;

(m) Creation of meaningful sanctions for violations of the rules promulgated
by the supreme court; and

(n) Issuance and dissolution of stays of execution.

(3) The supreme court rules adopted pursuant to subsection (1) of this
section shall ensure that all proceedings for postconviction review, the certification
of the record, and all appellate briefing shall be completed within two years after
the date upon which the sentence of death is imposed. There shall be no extensions
of time of any kind beyond the two-year period.

(4) Unless otherwise provided in this part 2, the Colorado appellate rules
govern the procedures to be followed in appeals to the Colorado supreme court of
trial court rulings under this part 2.

(5) The general assembly urges the Colorado supreme court to render its
decisions expeditiously in review of class 1 felony convictions where the death
penalty has been imposed and any order by the trial court granting or denying
postconviction relief in such cases. It is the general assembly's intent that the
Colorado supreme court give priority to cases in which a sentence of death has
been imposed over all other cases before the court, except to the extent of any
conflict with the requirement that the court give the highest priority to enforcement
actions brought in accordance with section 20 (1) of article X of the state
constitution.

Legislative History

Source: L. 97: Entire part added, p. 1580, � 1, effective June 4.