Legal Opinion
People v. Valdez
Colorado Court of Appeals
Decided December 27, 2007No. 06CA0103PublishedCited by 23 opinions
1Opinion of the Court
Opinion by
Judge BERNARD.
Defendant, Thomas T. Valdez, appeals the order denying his Crim. P. 35 request for postconvietion relief from his convictions and sentence. We vacate the order and remand for further proceedings.
I. Introduction
This case presents the following issues surrounding the application of the doctrine of laches to postconvietion proceedings.
• Can the doctrine of laches bar Crim. P. 35(c) claims that were timely filed, but have not been timely pursued? We describe why we believe the doctrine applies.
• If the doctrine of laches applies, was it satisfied in this case? The facts in…
2Cases cited52 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Smith v. RobbinsSupreme Court of the United States · 2000
- Roe v. Flores-OrtegaSupreme Court of the United States · 2000
- Steagald v. United StatesSupreme Court of the United States · 1981
47 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- People v. Chavez-TorresSupreme Court of Colorado · 2019
- Fisher v. RaemischCourt of Appeals for the Tenth Circuit · 2014
- People v. StovallColorado Court of Appeals · 2012
- People v. GarnerColorado Court of Appeals · 2015
- People v. HardinColorado Court of Appeals · 2016
18 more not listed; retrieve them via the Exa API.