Supreme Court of Colorado
22CO14
March 21, 2022
Summary
The court held that a defendant who alleges ineffective assistance of counsel automatically waives attorney-client, work-product, and related expert-witness confidentiality for information connected to the claim. The prosecution may request that claim-related information directly, but may not use an order or subpoena to obtain an entire case file and has no inherent right to an in camera review. An in camera review is permissible only after the counsel produces claim-related information and the prosecution satisfies the required factual-basis and good-faith showing. The court made the rule absolute and remanded; no separate opinions were issued.