Supreme Court of Colorado

Joshua Dooly v. the People of the State of Colorado

June 10, 2013302 P.3d 259

Summary

The court held that a defendant's appointed postconviction counsel may not, without the defendant's informed consent, move to dismiss the defendant's application for postconviction relief. It also held that the criminal procedure rule governing pleas and pretrial motions does not authorize dismissal of a postconviction application and that any denial on procedural grounds must comply with the postconviction rule's requirements. The court reversed and instructed that Dooly's application be reinstated.