The People of the State of Colorado, Petitioner v. Allen Charles Bergerud, Respondent — Coats, J., Dissenting

Summary

The dissent argues that counsel's trial tactics concerning the defendant's proposed testimony implicated the effectiveness of counsel, not the defendant's personal right to testify or an automatic entitlement to substitute counsel. It would require a showing that counsel was unable to provide effective assistance, including material prejudice, rather than treating the alleged conduct as structural error requiring automatic reversal. Justice Coats, joined by Justices Rice and Eid, would reverse the court of appeals' judgment and remand for consideration of the remaining assignments of error.