Steward v. People, No. 24644
| Docket Nº | No. 24644 |
| Citation | 498 P.2d 933, 179 Colo. 31 |
| Case Date | June 19, 1972 |
| Court | Supreme Court of Colorado |
Page 933
v.
The PEOPLE of the State of Colorado, Defendant in Error.
[179 Colo. 32] Rollie R. Rogers, Colorado State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, Randolph M. Karsh, Deputy State Public Defender, Denver, for plaintiff in error.
Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Aurel M. Kelly, Asst. Atty. Gen., Denver, for defendant in error.
ERICKSON, Justice.
James M. Steward was convicted of assault with a deadly weapon. C.R.S.1963, 40--2--34. In post-conviction proceedings, he had sought reversal by asserting various grounds, including a claim of incompetence of his defense counsel. In our opinion, the defendant's claims are without merit, and we, therefore, affirm.
Page 934
When trial strategy fails to produce an acquittal, incompetence of counsel cannot be said to exist by way of presumption or by wild speculation. The charge made by the defendant in this case, which attempts to discredit the legal [179 Colo. 33] abilities of his counsel, is one that we see all too often. The basic duty which the lawyer has to the accused is to serve as counsellor and advocate with courage and devotion and to the utmost of his learning and ability. American Bar Association Standards of Criminal Justice Relating to The Defense Function, §§ 1.1, 3.1.
To support his assertion that counsel was incompetent, he urges that reversal should be granted because cross-examination was permitted on previous felony convictions that the defendant had suffered without a prior foundation which would establish that he had counsel at the time that he was convicted. The trumpet call of Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799 (1963), as reflected in the words of Loper v. Beto, 405 U.S. 473, 92 S.Ct. 1014, 31 L.Ed.2d 374 (1972), has provided a basis for the defendant's claim under proper circumstances. See also, Burgett v. Texas, 389 U.S. 109, 88 S.Ct. 258, 19 L.Ed.2d 319 (1967). Loper v. Beto, Supra, which has been given retroactivity in its application, clearly requires that convictions which will be used for impeachment purposes must not have been obtained without the guiding hand of counsel. Here, however, the defendant first brought his convictions to the attention of the jury and made no claim that he was not represented by counsel. This Court has held that the pronouncements in Burgett v. Texas, Supra, and Loper v. Beto, Supra, are not applicable unless the defendant has made a prima facie showing that his convictions were constitutionally infirm by reason...
To continue reading
Request your trial
-
People v. Baldi
...(CCA 7th 1975) (conflict of interest); McQueen v. Swenson, 498 F.2d 207, 216-217 (CCA 8th 1974) (duty to investigate); Steward v. People, 179 Colo. 31, 34, 498 P.2d 933 (control of litigation); State v. Simmons, 57 Wis.2d 285, 298, 203 N.W.2d 887 (challenge to the effectiveness of 10 See Un......
-
State v. Belvin, No. SC06-593.
...Curtis, 681 P.2d at 511. However, "as to other rights `[d]efense counsel stands as captain of the ship.'" Id. (quoting Steward v. People, 179 Colo. 31, 34, 498 P.2d 933, 934 (1972)). The right to confrontation falls into the class of rights that defense counsel can waive through strategic d......
-
People v. Curtis, Nos. 82SC414
...cannot be waived by counsel). However, as to other rights "[d]efense counsel stands as captain of the ship," Steward v. People, 179 Colo. 31 at 34, 498 P.2d 933 at 934, with authority to make binding decisions. We have stated that decisions committed to counsel include what witnesses to cal......
-
Hinojos-Mendoza v. People, No. 05SC881.
...Curtis, 681 P.2d at 511. However, "as to other rights `[d]efense counsel stands as captain of the ship.'" Id. (quoting Steward v. People, 179 Colo. 31, 34, 498 P.2d 933, 934 (1972)). The right to confrontation falls into the class of rights that defense counsel can waive through strategic d......
-
People v. Baldi
...(CCA 7th 1975) (conflict of interest); McQueen v. Swenson, 498 F.2d 207, 216-217 (CCA 8th 1974) (duty to investigate); Steward v. People, 179 Colo. 31, 34, 498 P.2d 933 (control of litigation); State v. Simmons, 57 Wis.2d 285, 298, 203 N.W.2d 887 (challenge to the effectiveness of 10 See Un......
-
State v. Belvin, No. SC06-593.
...Curtis, 681 P.2d at 511. However, "as to other rights `[d]efense counsel stands as captain of the ship.'" Id. (quoting Steward v. People, 179 Colo. 31, 34, 498 P.2d 933, 934 (1972)). The right to confrontation falls into the class of rights that defense counsel can waive through strategic d......
-
People v. Curtis, Nos. 82SC414
...cannot be waived by counsel). However, as to other rights "[d]efense counsel stands as captain of the ship," Steward v. People, 179 Colo. 31 at 34, 498 P.2d 933 at 934, with authority to make binding decisions. We have stated that decisions committed to counsel include what witnesses to cal......
-
Hinojos-Mendoza v. People, No. 05SC881.
...Curtis, 681 P.2d at 511. However, "as to other rights `[d]efense counsel stands as captain of the ship.'" Id. (quoting Steward v. People, 179 Colo. 31, 34, 498 P.2d 933, 934 (1972)). The right to confrontation falls into the class of rights that defense counsel can waive through strategic d......