Legal Opinion
People v. Aguilar
Colorado Court of Appeals
Decided October 25, 2012No. 11CA1116PublishedCited by 15 opinions
1Opinion of the Court
Opinion by
Judge GRAHAM.
1 1 Defendant, Antonio Aguilar, appearing pro se, appeals the district court's order denying his Crim. P. 85(c) motion for postcon-viction relief alleging ineffective assistance of *1257counsel. We affirm. As a matter of first impression, we conclude that the implied acquittal rule does not bar retrial of a greater offense when a jury deadlocks on that charge but convicts on a lesser included offense.
I. Background
12 As relevant to this appeal, defendant and his companions broke into the victim's home, bound and gagged the victim, and covered him with a mattress. They then…
2Cases cited29 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Batson v. KentuckySupreme Court of the United States · 1986
- Hill v. LockhartSupreme Court of the United States · 1985
- North Carolina v. AlfordSupreme Court of the United States · 1970
- United States v. Martin Linen Supply Co.Supreme Court of the United States · 1977
24 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- People v. WashingtonColorado Court of Appeals · 2014
- People v. NewmillerColorado Court of Appeals · 2014
- People v. GarnerColorado Court of Appeals · 2015
- v. WamboltColorado Court of Appeals · 2018
- People v. Man Hao LuongColorado Court of Appeals · 2016
10 more not listed; retrieve them via the Exa API.