People v. Gandiaga

How courts have described this case

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

• concluding that defendant failed to carry their burden of proof on ineffective assistance of trial counsel claim where trial counsel could not specifically recall discussing plea offer with defendant but felt certain they had done so
• applying the same standard when considering the cumulative impact of multiple alleged ineffective assistance of counsel claims
• “The 15 [postconviction] court determines the weight and credibility to be given the testimony of witnesses in a Crim. P. 35(c) hearing.”
• “[P]rejudice may result from the cumulative impact of multiple attorney errors . . . .”
• the constitutional right to effective assistance of counsel is not a guarantee against strategic mistakes or a critique of couns el’s judgment using the benefit of hindsight
• “It is the appellant’s duty to provide those portions of the record necessary to substantiate the claims of error on appeal. Absent such a record, we must presume that the trial court’s ruling was correct.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

9 cases in this archive cite this case.

• People v. Gresl
  Colorado Court of Appeals· 2003-12-31· cited 280×
• People v. Dunlap
  Colorado Court of Appeals· 2004-12-23· cited 56×
• O'Shaughnessy v. People
  Supreme Court of Colorado· 2012-02-13· cited 35×
• People v. O'Shaughnessy
  Colorado Court of Appeals· 2010-04-15· cited 25×
• People v. Candelaria
  Colorado Court of Appeals· 2005-03-07· cited 17×
• People v. DeBella
  Colorado Court of Appeals· 2009-05-14· cited 11×
• People v. Villarreal
  Colorado Court of Appeals· 2009-08-20· cited 11×
• People v. Garner
  Colorado Court of Appeals· 2015-12-17· cited 11×
• People v. Lopez
  Colorado Court of Appeals· 2025-08-28· cited 9×

Cites

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

• Strickland v. Washington
  Supreme Court· 1984-06-25· cited 123,578×
• Michel v. Louisiana
  Supreme Court· 1956-01-23· cited 2,788×
• People v. Rodriguez
  Supreme Court of Colorado· 1996-04-15· cited 1,618×
• Affronti v. United States
  Supreme Court· 1955-12-05· cited 1,308×
• People v. Garcia
  Supreme Court of Colorado· 1991-09-16· cited 405×
• People v. Chambers
  Colorado Court of Appeals· 1994-12-15· cited 360×
• Troy Cooper v. C. J. Fitzharris
  Ninth Circuit· 1978-12-01· cited 276×
• People v. Russell
  Colorado Court of Appeals· 2001-02-15· cited 197×
• People v. Apodaca
  Colorado Court of Appeals· 1999-05-27· cited 122×
• People v. Caldwell
  Colorado Court of Appeals· 2001-09-13· cited 119×
• Davis v. People
  Supreme Court of Colorado· 1994-03-14· cited 110×
• People v. Saavedra-Rodriguez
  Supreme Court of Colorado· 1999-02-11· cited 60×
• Kailey v. Colorado State Department of Corrections
  Supreme Court of Colorado· 1991-03-18· cited 41×
• Ramirez v. State
  Wyoming Supreme Court· 1987-07-14· cited 32×
• Dolan v. People
  Supreme Court of Colorado· 1969-01-27· cited 31×
• People v. Perry
  Colorado Court of Appeals· 2002-02-14· cited 24×
• People v. Sparks
  Colorado Court of Appeals· 1996-02-22· cited 21×
• People v. Dillard
  Colorado Court of Appeals· 1984-03-15· cited 19×
• People v. Lesslie
  Colorado Court of Appeals· 2000-10-12· cited 14×
• People v. Bishop
  Colorado Court of Appeals· 1999-08-05· cited 10×