Supreme Court of Colorado

Jamale D. Townsell v. the People of the State of Colorado.

February 17, 20262026 CO 11

Summary

The court affirmed the denial of Townsell's pro se postconviction motion, holding that he adequately alleged deficient performance but failed to plead a nonconclusory basis for prejudice under the ineffective-assistance standard. A defendant seeking postconviction counsel must allege facts that, if true, would establish both deficient performance and prejudice, and DNA-based claims receive no relaxed pleading standard. Justice Gabriel, joined by Chief Justice Marquez, concurred in part and dissented in part, concluding that Townsell's allegations were sufficient to warrant counsel and a hearing.