No. 20-5265

Hazhar A. Sayed v. Colorado

Lower Court: Colorado
Docketed: 2020-08-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: competency competency-evaluation constitutional-rights criminal-procedure due-process jury-instructions post-arrest-silence right-to-remain-silent self-defense
Latest Conference: 2020-09-29
Question Presented (from Petition)

Whether the trial court violated Sayed's constitutional right to remain silent and reversibly erred when it allowed the government to question a DOC investigator about Sayed's post-arrest silence because Sayed's post-arrest silence had no evidentiary value other than to imply guilt based on Sayed exercising his constitutional right to remain silent?

Whether the trial court violated Sayed's due process right to have the government prove his guilt beyond a reasonable doubt and reversibly erred when it failed to—sua sponte—instruct the jury on self-defense because the evidence at trial unequivocally provided more than a scintilla of evidence establishing that Sayed acted in self-defense?

Whether the trial court violated Sayed's due process rights, abused its discretion, and reversibly erred when it failed to order a competency evaluation for Sayed because substantial evidence was presented that demonstrated that (1) Sayed may not have understood the nature and course of the proceedings and (2) Sayed could not cooperate with defense counsel?

Question Presented (AI Summary)

Whether the trial court violated Sayed's constitutional right to remain silent by allowing the investigator to comment on Sayed's post-arrest silence

Docket Entries

2020-10-05
Petition DENIED.
2020-08-20
DISTRIBUTED for Conference of 9/29/2020.
2020-08-14
Waiver of right of respondent Colorado to respond filed.
2020-07-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 4, 2020)

Attorneys

Colorado
L. Andrew CooperOffice of the Colorado Attorney General, Respondent
Hazhar A. Sayed
Hazhar A. Sayed — Petitioner