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Spencer v. Colorado

Petition for certiorari denied on May 16, 2022
Docket No. Op. Below Argument Opinion Vote Author Term
21-1157 Colo. Ct. App. N/A N/A N/A N/A OT 2021

Issue: Whether the standard from Cuyler v. Sullivan — that a defendant alleging ineffective assistance of counsel based on a lawyer’s conflict of interest need only show that an “actual conflict of interest adversely affected his lawyer’s performance” — applies only when a defense lawyer represents multiple clients with conflicting interests (as 11 jurisdictions have held), or whether Sullivan applies to other conflicts — such as personal conflicts of interest (as 21 jurisdictions have held).

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Nov 30 2021Application (21A197) to extend the time to file a petition for a writ of certiorari from December 26, 2021 to January 26, 2022, submitted to Justice Gorsuch.
Dec 02 2021Application (21A197) granted by Justice Gorsuch extending the time to file until January 26, 2022.
Jan 26 2022Motion (21M78) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
Jan 26 2022Petition for a writ of certiorari filed. (Response due March 24, 2022)
Feb 02 2022MOTION (21M78) DISTRIBUTED for Conference of 2/18/2022.
Feb 22 2022Motion (21M78) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
Mar 01 2022Motion to extend the time to file a response from March 24, 2022 to April 11, 2022, submitted to The Clerk.
Mar 02 2022Motion to extend the time to file a response is granted and the time is extended to and including April 11, 2022.
Mar 24 2022Brief amicus curiae of Legal Ethics Scholars and Law Professors filed.
Mar 24 2022Brief amici curiae of Due Process Institute, et al. filed.
Apr 11 2022Brief of respondent Colorado in opposition filed.
Apr 25 2022Reply of petitioner Dennis Spencer filed. (Distributed)
Apr 26 2022DISTRIBUTED for Conference of 5/12/2022.
May 16 2022Petition DENIED.