Opinion
22SC562
02-13-2023
Anthony Robert Smith, Petitioner/Cross-Respondent v. The People of the State of Colorado. Respondent/Cross-Petitioner
Court of Appeals Case No. 19CA2359
Petition for Writ of Certiorari DENIED. Cross-Petition for Writ of Certiorari GRANTED.
Whether the postconviction court correctly held that defendant waived his pro se claims where the claims were conclusory and defense counsel pursued other claims but not these.
[REFRAMED] Whether defense counsel, as captain of the ship, may decline to pursue and abandon individual pro se claims absent defendant's informed consent to such abandonment.
[REFRAMED] Whether abandonment of individual postconviction claims required a showing of an intent to abandon such claims.
DENIED AS TO ALL OTHER ISSUES.