John Ardolino, Petitioner v. the People of the State of Colorado, Respondent

Summary

The Supreme Court of Colorado reversed the court of appeals' affirmance of the summary denial of John Ardolino's Crim. P. 35(c) motion alleging ineffective assistance of counsel. It held that a postconviction motion may be denied without an evidentiary hearing only where the motion, files, and record clearly establish the allegations are meritless, which for an ineffective-assistance claim means the record must show the allegations, even if proven true, would fail one or the other prong of the Strickland test. Because the record did not clearly establish that counsel's elicitation and repetition of an expert opinion favoring the child-victim's veracity, his failure to confront the victim with prior inconsistent statements, or his failure to investigate impeachment witnesses were reasonable strategic choices, or that these acts could not have prejudiced a case resting almost entirely on the victim's credibility, Ardolino was entitled to an evidentiary hearing. No separate opinions were filed.