In Re the People of the State of Colorado v. Keevin Bell, II

Summary

The court held that a postconviction court may order the prosecution to provide an indigent defendant with a free duplicate of missing pretrial discovery when the defendant identifies specific potentially meritorious postconviction claims and specific facts that the discovery may substantiate. This authority arises from the constitutional requirements of effective assistance of appointed postconviction counsel and due process, despite the absence of a general statutory or rule-based right to postconviction discovery. The court reversed and remanded for the district court to determine whether Bell satisfied that standard and, if so, order disclosure.