As used in this part 2, unless the context otherwise requires:
"Direct appeal" means the appeal to the Colorado supreme court of any issues raisedat the entry of a guilty plea, before trial, at trial, at the penalty phase hearing, or in a motion for new trial.
"Direct appeal counsel" means the attorney retained by the defendant, or appointedby the trial court to represent an indigent defendant, as the successor to trial counsel for purposes of representing the defendant in direct appeal proceedings.
"New postconviction counsel" means the attorney retained by the defendant, or appointed by the trial court to represent an indigent defendant, for the purposes of representing the defendant in postconviction review and postconviction review appeal proceedings. New postconviction counsel cannot have previously represented the defendant with regard to the class 1 felony charge.
"Postconviction review" means review as provided in this part 2 by the trial courtthat occurs after conviction in a class 1 felony case in which the death penalty is imposed as punishment.
"Postconviction review appeal" means the appeal to the Colorado supreme court ofany issues raised in postconviction review proceedings.
"Trial counsel" means the attorney who represents the defendant with regard to theclass 1 felony charge: For the purposes of any guilty plea; before trial; at trial; at the penalty phase hearing; for the purposes of a motion for new trial; for the purposes of postconviction review if the defendant chooses to continue with trial counsel for purposes of postconviction review; and for the purposes of direct appeal if the defendant chooses to continue with trial counsel for purposes of direct appeal. "Trial counsel" does not include new postconviction counsel appointed pursuant to section 16-12-205 or direct appeal counsel.
Source: L. 97: Entire part added, p. 1574, § 1, effective June 4.