No. 24-5290

Kevin Duane Stunes v. Colorado

Lower Court: Colorado
Docketed: 2024-08-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights due-process ineffective-assistance postconviction-review trial-counsel voluntary-intoxication
Key Terms:
DueProcess
Latest Conference: 2024-09-30
Question Presented (AI Summary)

When a state regulates a claim of ineffective assistance of trial counsel, does due process require that a defendant be allowed the opportunity to develop that claim, and when trial counsel proffers a defense of voluntary intoxication, is she ineffective for failing to consult an expert?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED . a ' 1) When a state regulates a claim of ineffective assistance of trial counsel, . .i.e., a claim of constitutional entitlement to its postconviction review . venue, does due process require that a defendant be allowed the Opportunity : to develop that claim? : 2) When trial counsel proffers a defense of voluntary intoxication as defense against a first degree murder charge, is she ineffective when she fails to consult with an expert and provide an expert's testimony in support thereof? ;

Docket Entries

2024-10-07
Petition DENIED.
2024-09-05
DISTRIBUTED for Conference of 9/30/2024.
2024-08-29
Waiver of right of respondent Colorado Dept. of Law to respond filed.
2024-07-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 9, 2024)

Attorneys

Colorado Dept. of Law
Shannon Wells StevensonColorado Department of Law, Respondent
Kevin Duane Stunes
Kevin Duane Stunes — Petitioner