People v. Harding

In this post-conviction appeal, we affirm the court of appeals' decision to grant Stanton P. Harding a new trial because of a defective Curtis Advisement where the People did not produce any evidence at the post-conviction proceedings to attempt to establish that Harding's waiver of the right to testify was knowing, voluntary and intelligent. People v. Harding, No. 02CA0350, slip op., 2008 WL 22211273 (Colo.App. Sept.25, 2008) (not selected for official publication pursuant to C.A.R. 85(f)) (Harding III ).

During Harding's trial for sexual assault, the trial court advised him that if he…