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· 11/7/2002

People v. Gandiaga

Citations

  • 70 P.3d 523
  • 2002 Colo. App. LEXIS 1964
  • 2002 WL 31477836

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).

Judges: Dailey, Vogt, Erickson

Read full opinion on CourtListener

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.