Robbins v. People

• Decision Date: 22 February 2005
• Docket Number: No. 03SC563.,03SC563.
• Parties: Richard D. ROBBINS, Petitioner, v. The PEOPLE of the State of Colorado, Respondent.
• Court: Colorado Supreme Court

107 P.3d 384

Richard D. ROBBINS, Petitioner, v. The PEOPLE of the State of Colorado, Respondent.

No. 03SC563.

Supreme Court of Colorado, En Banc.

February 22, 2005.

James O. Simpson, Evergreen, for Petitioner.

John Suthers, Attorney General, Laurie A. Booras, First Assistant Attorney General, Denver, for Respondent.

KOURLIS, Justice.

The defendant, Richard D. Robbins, filed a motion under Crim. P. 35(c) to vacate a judgment of conviction entered against him in 1958 for felony first degree murder. The trial court dismissed the motion after a hearing on the grounds that it was barred by laches. The court of appeals affirmed in People v. Robbins, 87 P.3d 120, (Colo.App.2003) ("Robbins III"), and we accepted certiorari to consider the question of whether section 16-5-402, C.R.S. (2004), which sets forth no time limit on the filing of postconviction motions as to first degree felony convictions, precludes the court from considering whether the motion should nonetheless be barred by laches. We now hold that section 16-5-402 does not explicitly abrogate the common law defense of laches, and that such doctrine is consistent with the general legislative intent of the statute. Therefore, it was not error for the trial court to consider and apply the doctrine in this case. Accordingly, we affirm the decision of the court of appeals.

I. Facts

At age nineteen, Robbins, together with an accomplice, Gregory Warner, attempted to rob a pedestrian. On the evening of May 18, 1958, Warner and Robbins accosted the victim and informed him it was a "stickup." The defendant stood behind the victim with a pistol while Warner stood in front of the victim with a knife. After Warner had "poked" the victim a few times with his knife, Robbins struck the victim in the head with the butt of the pistol. The gun discharged and the bullet struck Warner, killing him.

Criminal charges, including one count of first degree murder, were filed against Robbins in Denver District Court. Robbins entered a plea of not guilty.

Trial began on October 21, 1958. On October 23, Robbins' attorney, Anthony Zarlengo, requested a preliminary examination of Robbins' physical and mental health.¹ The court appointed a psychiatrist and permitted an extensive examination of Robbins at the Colorado State Hospital. The report by the appointed expert indicated Robbins was not subject to epilepsy and was not insane. The court thus denied defendant's motion to enter a plea of not guilty by reason of insanity and ordered the trial to continue. Robbins did not testify in his own defense. At the conclusion of the trial, the jury returned a verdict of guilty to the first degree murder charge. Robbins was sentenced to life imprisonment.

In 1971, Governor John Arthur Love commuted Robbins' life sentence to 29 years to life. Robbins was paroled three times between 1972 and 1979 but was unable to adjust to civilian life. In 1994 he arrived at the Limon Correctional Facility where a fellow inmate allegedly assisted him in formulating the postconviction challenge which the court now addresses.

II. Procedural History

Robbins, represented by Mr. Zarlengo, first challenged his conviction in 1960 on the grounds that the trial court erred in refusing his request for a directed verdict on certain issues, erred in denying his motion to enter a plea of not guilty by reason of insanity and committed prejudicial error with regard to jury instructions. Robbins v. People, 142 Colo. 254, 258, 350 P.2d 818, 820-21 (1960) ("Robbins I"). The appeal came straight to this court because it arose during a period of time when there was no intermediate court of appeals in Colorado. This court found no error in the trial and affirmed the conviction. Id. at 263, 350 P.2d at 823.

The case lay dormant until April 21, 1995 when Robbins brought a pro se motion pursuant to Crim. P. 35(c) alleging ineffective assistance of counsel. As grounds for his motion, Robbins alleged that Zarlengo had conducted an inadequate investigation into possible affirmative defenses and that Zarlengo denied Robbins the right to testify at trial. The trial court denied Robbins' motion without an evidentiary hearing, holding that Robbins failed to establish a present need for review of his 1958 conviction and that the time between his trial and motion for relief comprised an unconscionable delay resulting in prejudice to the People. Robbins appealed, and the court of appeals vacated the district court's decision. People v. Robbins, No. 95CA1566 slip op. at 2 (Colo.App. Oct. 24, 1996) (not selected for official publication) ("Robbins II"). The court of appeals opined that the while the equitable doctrine of laches could be asserted against the defendant, Robbins must be given the opportunity to explain the delay and rebut the claim of prejudice to the People. Id. at 4-5. Thus, the case was remanded to the trial court.

In February 2001, the district court held an evidentiary hearing on Robbins' Rule 35(c) Motion. Following the hearing, the district court found that notwithstanding the statute, Robbins' claim was barred by unconscionable delay that resulted in irreparable prejudice to the People. The court noted that an ineffective assistance of counsel claim was available to Robbins in the early 1960's and he had numerous opportunities to pursue postconviction relief prior to 1995. Finally, the court noted that Zarlengo's death eight months before the filing of Robbins' motion made his timing suspect. The trial court rejected Robbins' assertion that his delay was attributable to mental deficiencies. Robbins again appealed the denial of his motion.

This time, the court of appeals affirmed the trial court's order in Robbins III, 87 P.3d at 124. It is from this decision that Robbins now appeals. We granted certiorari to determine whether the equitable doctrine of laches can be applied, as a time bar, to avoid postconviction review of a class one felony conviction.

III. Analysis

Crim. P. 35(c) affords every person convicted of a crime the right to seek postconviction review upon the grounds that the conviction was obtained in violation of the Constitution or laws of the United States or the constitution or laws of this state. People v. Hubbard, 184 Colo. 243, 247, 519 P.2d 945, 947 (1974). Since 1984, motions under Rule 35(c) have been constrained by section 16-5-402, which imposes a time limitation for commencing collateral attacks on judgments of conviction. See People v. Wiedemer, 852 P.2d 424, 428 (Colo.1993)

; People v. Robinson, 833 P.2d 832, 836 (Colo.App.1992). Today, we consider whether the absence of a limitation period for class one felonies in section 16-5-402 signifies the general assembly's intent to abrogate the doctrine of laches where a defendant seeks delayed postconviction relief from a class one felony.

A. Statutory Limitations on Postconviction Relief

In construing a statute, it is our primary purpose to ascertain and give effect to the intent of the legislature. Charnes v. Boom, 766 P.2d 665, 667 (Colo.1988). To that end, we look first to the language of the statute itself. People v. Dist. Court, 713 P.2d 918 (Colo.1986). Words and phrases are given effect according to their plain and ordinary meaning. Id. This plain meaning rule informs our principle that a statute may not be construed to abrogate the common law unless such abrogation was clearly the intent of the general assembly. Preston v. Dupont, 35 P.3d 433, 440 (Colo.2001),Robinson v. Kerr, 144 Colo. 48, 52, 355 P.2d 117, 119-20 (1960). Absent such clear intent, statutes must be deemed subject to the common law. Bradley v. People, 8 Colo. 599, 604, 9 P. 783, 786 (1886). Finally, statutes in derogation of the common law must be strictly construed in favor of the person against whom the provisions are intended to apply. Preston, 35 P.3d at 440.

As relevant in this case, the statute of limitations for collateral attack upon convictions provides:

Except as otherwise provided in subsection (2) of this section, no person who has been convicted as an adult or who has been adjudicated as a juvenile under a criminal statute of this or any other state of the United States shall collaterally attack the validity of that conviction or adjudication unless such attack is commenced within the applicable time period, as provided in subsection (1), following the date of said conviction ...:

All class 1 felonies: No limit All other felonies: Three years

§ 16-5-402(1). This statute was adopted in 1981 to address the inherent difficulties of defending against stale claims. See ch. 190, sec. 3, § 16-5-402, 1981 Colo. Sess. Laws 926-27. The objective of the general assembly in enacting section 16-5-402 was to reduce the availability of postconviction review to the extent constitutionally permissible. People v. Fagerholm, 768 P.2d 689, 692 (Colo.1989). The goals of section 16-5-402 are two-fold. First, the statute seeks to alleviate "the difficulties attending the litigation of stale claims." § 16-5-402(2). Second, section 16-5-402 gives finality to judgments of conviction so that other provisions directed at repeat offenders, former offenders and habitual offenders will not be undermined. Wiedemer, 852 P.2d at 429. Within the reach of these two principles we must decided whether the common law defense of laches survives the enactment of section 16-5-402.

Presumably because of the severity of sentences imposed for class one felonies, the legislature determined that attacks on judgment of convictions for such offenses should not be subject to absolute statutory limits. Id. at 428. However, the statute is silent as to whether laches may still bar such an attack. First, we consider the nature and application of the doctrine of laches.

B. Equitable Doctrine of Laches

Laches is an equitable doctrine that may be asserted to deny relief to a party whose unconscionable delay in enforcing his rights has prejudiced the party against whom relief is sought. People v....