In this recent post-conviction proceeding, Patrick Mulligan filed a series of Rule 35(c) motions and supplements, arguing that the client’s habitual criminal convictions were unconstitutional and invalid. In addition, Patrick argued that his client was entitled to a new proportionality hearing to determine whether the habitual criminal sentence was proportionate to the crime charged.

One of the issues in this fascinating litigation was whether a change in Colorado’s Habitual Criminal statute could be applied in a new proportionality hearing, to invalidate the use of one of the client’s prior convictions.  After more than two years of litigation, hundreds of pages of motions and briefs, and multiple court appearances and arguments, the prosecution finally agreed to a settlement. The client’s habitual criminal convictions were overturned and vacated, and the client’s sentence was dramatically reduced.  Now, rather than spending the rest of his life in prison, the client should be eligible for parole in less than a year.

Patrick Mulligan’s extensive experience in post-conviction Rule 35(c) litigation is unique among Colorado attorneys. Patrick also has more than 30 years of experience in trial and appellate litigation.

 Patrick Mulligan, Marshall Breit, and Luke McConnell have more than 50 years of combined experience in criminal law.  If you or someone you know has been charged with or convicted of a crime, call us at 303-295-1500. We can help.

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