People v. Schultheis

ERICKSON, Justice.

We granted certiorari to review People v. Schultheis, Colo.App., 618 P.2d 710 (1980), which held that defense counsel has an affirmative duty to withdraw when an accused demands that defense counsel call witnesses to present perjured alibi testimony. The court of appeals also held that, under such circumstances, the trial court must grant defense counsel’s motion to withdraw. We reverse and remand to the court of appeals with directions to affirm the defendant’s conviction for first-degree murder.

While incarcerated at the Denver County Jail, Glen 0. Schultheis was charged…