In this recent post-conviction (Rule 35c) litigation, Patrick Mulligan served as the expert witness for the defense. At issue was trial counsel’s failure to recognize and investigate the serious mental health and cognitive difficulties of her client.

After review of the court documents and potential issues, Patrick recommended that post-conviction counsel enlist a neurological psychologist to evaluate the Defendant.  As Patrick had suspected, the evaluation revealed not only a likely psychotic disorder, but also substantial cognitive limitations that raised the question of whether the Defendant could even understand the proceedings against him.

At the hearing on the Defendant’s Rule 35c motion, Patrick was qualified as an expert in criminal law.  Patrick then testified that trial counsel’s failure to investigate the Defendant’s mental health and cognitive limitations constituted ineffective assistance of counsel.  The trial court agreed, and the Defendant’s conviction and Indeterminate 9 years to Life in prison sentence were vacated. The Defendant is now awaiting a new trial.

 Patrick Mulligan has over 31 years of trial, appellate, and post-conviction litigation experience.  Patrick has been qualified as an expert in criminal law more than 25 times, in jurisdictions throughout the state of Colorado. Patrick’s expertise in appellate and post-conviction litigation has led to the reversal of dozens of criminal convictions and sentences.

Patrick also has substantial experience in the litigation of mental health issues in the criminal justice system.  Patrick has assisted clients with issues involving competency to proceed, Not Guilty by Reason of Insanity (“NGRI”) pleas and trials, and other issues involving various psychological and psychiatric disorders.

Post-conviction (Rule 35c) litigation is a complex process. The Defendant in a criminal case needs a lawyer with substantial skill and experience to assist him or her in the litigation of any claims of ineffective assistance of counsel.  If you or someone you know needs assistance with a post-conviction criminal matter, call as 303-295-1500.

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