Jere Lane Henry v. Harry C. Tinsley, Warden, Colorado State Penitentiary

The trial court dismissed appellant Henry’s habeas corpus petition because he had not exhausted his state court remedies. Appellant sought relief from a four to five year sentence imposed by a Colorado court after a jury verdict of guilty. Appointed counsel represented him at the state trial and argued a motion for new trial but did not appear at the time of imposition of sentence. His complaint is that the sentence is void because of the absence of counsel when sentence was pronounced.

Rule 35(b) of the Colorado Rules of Criminal Procedure is substantially similar to 28 U.S.C. § 2255 and…