People v. Boivin

I respectfully dissent.

In part two of its opinion, the majority concludes that a meritorious ground for appellate review need not be shown before an appeal may be filed out of time. The majority rationalizes that this requirement, as announced in Haines v. People, 169 Colo. 136, 454 P.2d 595 (1969), would, in light of

the United States Supreme Court’s opinion in Rodriquez v. United States, 395 U.S. 327, 89 S.Ct. 1715, 23 L.Ed.2d 340 (1969), and its progeny, no longer be followed by the Colorado Supreme Court. While the Supreme Court might well reconsider Haines in light of subsequent…