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Criminal Law

: Tenth Circuit Blog

By Shari Allison

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Tenth Circuit published casesBunton v. Atherton, ___ F.3d ___ , 2010 WL 2041266 (10th Cir. 2010). In this Colorado state first degree murder conviction and life sentence, the Tenth Circuit found that the record developed in the state post-conviction hearing on claim of ineffective assistance of trial counsel, upon which the Colorado appellate court based its affirmation of the denial of state post-conviction relief, was unassailable under AEDPA § 2254 standards. However,one is left with the sense that the evidence upon which the conviction rested was terribly faulty. The only eye-witness to the shooting had a motive to lie because he may have been sweet on the defendant?s girlfriend, plus that witness testified to being in a place where it would have been impossible to see the shooting (and was a two time felon who had been smoking pot on the night of the shooting)...continue to full post

Full post as published by Tenth Circuit Blog on June 07, 2010 (boomark / email).