Last week, a district court judge reversed our client’s first-degree murder conviction and life sentence, and ordered that the case be set for a new trial. The court’s order was the result of more than 5 years of difficult postconviction litigation.
Patrick Mulligan brought a unique postconviction claim under Rule 35c. First, Patrick explained that the trial court’s Curtis Advisement was inaccurate and deficient. Second, he argued that trial counsel provided ineffective assistance of counsel by compounding the trial court’s error, and misadvising the client on the significance of a prior felony deferred judgment.
The initial court to review the client’s motion denied it without a hearing. Patrick argued on appeal that the ruling constituted reversible error. The Colorado Court of Appeals agreed, and remanded the case to the district court with orders to conduct an evidentiary hearing on the client’s claim.
Patrick continued to represent the client at the hearing. Patrick cross-examined the trial lawyer, and established that trial counsel had done nothing to correct the trial court’s erroneous Curtis Advisement. Patrick argued that the combination of the court’s erroneous advisement and trial counsel’s ineffective assistance rendered the client’s wavier of the right to testify involuntary.
The district court agreed. On February 20, 2026, the district court reversed the Defendant’s conviction, and ordered that the case be set for a new trial.
The 5th Amendment right to testify is a fundamental constitutional right. Any waiver of that right must be knowing, voluntary, and intelligent. A violation of the right to testify constitutes reversible error.
The case is representative of Patrick Mulligan’s expertise in both appellate and postconviction (Rule 35c) litigation. Over 39 years as a criminal defense attorney, Patrick has succeeded in getting dozens of convictions and sentences reversed. If someone you know needs appellate or postconviction assistance, contact us at 303-295-1500.