People v. Newmiller
2014 WL 2981043
Colo. Ct. App.2014Background
- Defendant Todd William Newmiller, his brother, and friends attacked another group after a strip club altercation in Colorado Springs; the victim was stabbed and died.
- A knife with victim’s blood was found on defendant; a later anonymous tip named him as the killer.
- Defendant was charged with second-degree murder; no one testified that he stabbed the victim, but blood and events linked him to the confrontation.
- At trial, the prosecution argued defendant stabbed the victim at the start and the victim lived for minutes afterward.
- Defendant was convicted of second-degree murder with a deadly weapon and sentenced to 31 years.
- Postconviction relief under Crim. P. 35(c) claimed ineffective assistance of counsel on multiple fronts; the district court denied relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel’s failure to request lesser included offenses was ineffective | Newmiller | Newmiller | No; decisions were reasonable strategic choices. |
| Whether failure to request an accessory instruction was ineffective | Newmiller | Newmiller | No; strategy supported by record. |
| Whether failure to call medical/crime-scene experts was ineffective | Newmiller | Newmiller | No; decisions were strategically reasonable and investigation was adequate. |
| Whether defense counsel’s handling of defendant’s right to testify was defective due to conflict or poor consultation | Newmiller | Newmiller | No; no actual conflict shown and advice was within competence. |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (standard for ineffective assistance of counsel; deficient performance and prejudice required)
- Ardolino v. People, 69 P.3d 78 (Colo.2008) (prescribes Strickland applicability in Colorado)
- Dunlap v. People, 178 P.3d 1054 (Colo.2007) (discusses burden on defendant in IAC claims)
- Bullock v. Carver, 297 F.3d 1086 (10th Cir.2002) (objective reasonableness presumption for strategic decisions)
- People v. Trujillo, 83 P.3d 642 (Colo.2004) (standard for lesser nonincludeds where rational basis exists)
- People v. Aguilar, 317 P.3d 1255 (Colo.App.2012) (addressed failure to request lesser offenses; distinction in scope)
- People v. Venzor, 121 P.3d 260 (Colo.App.2005) (review of counsel performance where perfunctory arguments rejected)