The People of the State of Colorado, Petitioner v. Allen Charles Bergerud, Respondent

Summary

The court held that defense counsel’s opening statements did not amount to a guilty plea or judicial admission because they did not concede any element of the charged offenses or foreclose an acquittal. However, the record was inadequate to determine whether counsel improperly undermined Bergerud’s personal right to testify or failed to reasonably investigate his self-defense theory, making it impossible to determine whether his waiver of counsel was knowing, intelligent, and voluntary. The court reversed the court of appeals and remanded for factual development under a four-factor framework governing requests for substitute counsel. Justice Coats, joined by Justices Rice and Eid, dissented, arguing that counsel’s tactics could implicate effective assistance but could not deprive Bergerud of his right to testify or automatically require substitute counsel and a new trial.