Peo v. Hogue, 23CA0101

In 2002, Bradley K. Hogue was convicted by a jury on multiple counts of sexual assault on a child and indecent exposure, receiving a sentence of twelve years to life after a resentencing on remand.
Hogue pursued postconviction relief under Colorado Rule of Criminal Procedure 35(c), with a complex procedural history involving several appeals and remands for further proceedings and appointment of counsel.
In 2021, after multiple extensions, the public defender filed a supplemental Rule 35(c) petition on Hogue’s behalf; the prosecution responded in July 2021.
Hogue then requested substitute counsel, citing dissatisfaction with the public defender’s experience, lack of communication, and the perceived weakness of his supplemental petition, and sought to amend claims.
The postconviction court denied his supplemental Rule 35(c) petition before addressing his substitute counsel motion, later appointing alternate defense counsel (ADC) after clarifying Hogue’s representation status.
Hogue appealed, arguing errors concerning his representation rights and the handling of his postconviction petition.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Required pro se representation at critical stage without waiver	N/A	Hogue: He was forced to proceed without counsel, violating his right to counsel.	No constitutional right to counsel in postconviction; no prejudice shown.
Failure to inquire into request for substitute counsel	N/A	Hogue: Court did not adequately inquire into request for new counsel.	Error, if any, was harmless as Hogue ultimately got substitute counsel.
Denial of petition before resolving counsel motion	N/A	Hogue: Court should have ruled on substitute counsel motion before denying petition.	No reversible error; new counsel not required to add new claims unless meritorious.
Entitlement to new counsel to assert additional claims	N/A	Hogue: Sought to have new counsel add claims overlooked by public defender.	Defendant not entitled to choose counsel or add claims absent ineffective assistance proof.

Silva v. People, 156 P.3d 1164 (Colo. 2007) (no constitutional right to counsel in postconviction proceedings)
Hagos v. People, 2012 CO 63 (Colo. 2012) (harmless error standard for nonconstitutional errors)
People v. Arguello, 772 P.2d 87 (Colo. 1989) (no right to appointed counsel of choice for indigent defendants)
Moland v. People, 757 P.2d 137 (Colo. 1988) (trial court discretion in allowing amendments to postconviction petitions)
People v. Starkweather, 159 P.3d 665 (Colo. App. 2006) (limited right to postconviction counsel doesn't guarantee new counsel for unmeritorious claims)