No. 19-1050
Response Waived
Experienced Counsel
Tags: allocution criminal-procedure due-process essential-element guilty-plea ineffective-assistance-of-counsel judicial-error plea-bargaining voluntary-plea
Key Terms:
DueProcess Privacy JusticiabilityDoctri
DueProcess Privacy JusticiabilityDoctri
Latest Conference:
2020-03-27
Question Presented (AI Summary)
Was the plea valid?
Question Presented (OCR Extract)
QUESTION PRESENTED Due process requires that a guilty plea be voluntary, knowing, and intelligent. Here, the charging document omitted an essential element of the crime. At the plea hearing, the trial judge misinformed the defendant by omitting the same element in his summary of the crime, neither the prosecutor nor defense counsel corrected the judge, there was no allocution, and defense counsel has never said she informed the defendant privately about the missing element. Was the plea valid? u RULE 14(B) STATEMENT The parties in the Colorado Supreme Court were Kyle Brooks and the State of Colorado. The following is a list of all directly
Docket Entries
2020-03-30
Petition DENIED.
2020-03-11
DISTRIBUTED for Conference of 3/27/2020.
2020-03-03
Waiver of right of respondent People of the State of Colorado to respond filed.
2020-02-20
Petition for a writ of certiorari filed. (Response due March 25, 2020)
2019-12-16
Application (19A649) granted by Justice Sotomayor extending the time to file until February 20, 2020.
2019-12-09
Application (19A649) to extend the time to file a petition for a writ of certiorari from December 22, 2019 to February 20, 2020, submitted to Justice Sotomayor.
Attorneys
Kyle Brooks
Richard A. Simpson — Wiley Rein, LLP, Petitioner
Richard A. Simpson — Wiley Rein, LLP, Petitioner
People of the State of Colorado
L. Andrew Cooper Sr. — Office of the Colorado Attorney General, Respondent
L. Andrew Cooper Sr. — Office of the Colorado Attorney General, Respondent