Lessell Henry Moore v. the People of the State of Colorado

Summary

The court held that a defendant may challenge the validity of a waiver of the right to testify only in a post-conviction proceeding, not on direct appeal, and need not make a contemporaneous objection to the trial court's advisement. It further held that the adequacy of the advisement does not conclusively determine the validity of the waiver; the defendant must allege specific facts establishing a prima facie case for relief, after which the prosecution bears the burden of proving a knowing, voluntary, and intelligent waiver. The court vacated the court of appeals' discussion and ruling on the waiver issue but otherwise upheld the judgment of conviction. Justice Coats, joined by Justice Eid, concurred in part and dissented in part, objecting to the exclusive post-conviction procedure and to placing the ultimate burden of proof on the prosecution.