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People v. Curtis

Citations

  • 681 P.2d 504
  • 1984 Colo. LEXIS 521

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that “waiver of the right to testify must be voluntary, knowing and intentional, and the existence of effective waiver should be ascertained by the trial court on the record”
  • concluding that a district court “impliedly” discounted the defendant’s statements that his 18 right to testify was voluntarily waived because whether to believe or not believe a witness is “essentially a question of credibility”
  • noting that post-trial hearings to determine facts underlying claimed deprivation of right to testify “not only increases the chance of error, but is wasteful of judicial resources as well”
  • recognizing a voluntary and intelligent waiver when a defendant is cognizant of the right she holds and the consequences of waiving that right
  • noting that trial court did not advise the defendant at all and there was not evidence that trial counsel had in fact advised the defendant
  • holding “[a] trial court exercising appropriate judicial concern for the constitutional right to testify should” conduct a colloquy with the defendant

Source: CourtListener parenthetical corpus (CC0).

Judges: Erickson, Lohr, Rovira, Royira

Read full opinion on CourtListener

Cited by

239 cases in this archive cite this case; the 20 most cited are listed.

Cites

97 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named People v. Curtis

132 other CourtListener records share this case name; the 50 most cited are listed.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.