Graham v. Zavaras
Graham v. Zavaras
Opinion of the Court
Harold Graham, appearing pro se, appeals from an order of the Jefferson County District Court dismissing his petition for habeas corpus relief. The district court dismissed Graham’s petition because the allegations could be “fully litigated on appeal of the criminal case.” We have reviewed claims made by Graham twice before. See People v. Graham, 876 P.2d 68 (Colo.App. 1994), cert. denied, No. 94SC169 (Colo. July 18, 1994) (appealing the decision of the court of appeals); Graham v. Gunter, 855 P.2d 1384 (Colo. 1993) (holding that the trial court should Have converted the petition for habeas corpus relief into a motion for post-conviction relief). A writ of habeas corpus proceeding may not be used as a substitute for appeal. Nor are we required to entertain successive motions for similar post-conviction relief on behalf of the same prisoner. Turman v. Buckallew, 784 P.2d 774, 780 (Colo. 1989); Henson v. People, 163 Colo. 302, 304, 430 P.2d 475, 475 (1967); Crim.P. 35(c)(3). After reviewing the allegations in Graham’s peti
Case-law data current through December 31, 2025. Source: CourtListener bulk data.