Legal Opinion
People v. Ivery
Colorado Court of Appeals
Decided July 24, 1980No. 78-1102PublishedCited by 8 opinions
1Opinion of the Court
STERNBERG, Judge.
Defendant, Merrill L. Ivery, brings this appeal from the dismissal of his Crim.P. 35(b) motion for post-conviction relief. We reverse and remand for further proceedings.
Ivery was charged by information with second degree burglary, a Class 3 felony, and conspiracy. On the day of the trial, June 15, 1977, he asserted that he was not competent to go to trial and requested a hearing. The trial judge made a preliminary finding of competency but granted Ivery’s motion for another hearing before a different judge pursuant to § 16-8-111(2), C.R.S.1973. On the same day, the second…
2Cases cited10 opinions
- North Carolina v. PearceSupreme Court of the United States · 1969
- Bordenkircher v. HayesSupreme Court of the United States · 1978
- Blackledge v. PerrySupreme Court of the United States · 1974
- People v. HubbardSupreme Court of Colorado · 1974
- People v. ColosaccoSupreme Court of Colorado · 1972
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- People v. WalkerSupreme Court of Colorado · 1983
- State v. HendersonIdaho Court of Appeals · 1987
- Murphy v. StateIndiana Supreme Court · 1983
- People v. ButlerColorado Court of Appeals · 2009
- People v. WaltersColorado Court of Appeals · 1990
3 more not listed; retrieve them via the Exa API.