Supreme Court Report

Supreme Court of the United States · Official docket →

Nicholas J. Aurelio v. Colorado

IFP petition · Court of Appeals of Colorado, No. 2023CA1416 · judgment May 7, 2026


Pending

Questions presented

This petition presents the following questions:

  1. Whether the Sixth Amendment and clearly established federal law, as determined by this Court, forbids attorneys, during plea negotiations, from misleading and lying to their client about their chances at trial, while simultaneously concealing the true terms and conditions of a favorable plea offer, so their client will reject that favorable plea offer and proceed to trial—all for financial gain?

  2. Whether it is a violation of Evitts v. Lucey, 469 U.S. 387 (1985), the Fourteenth Amendment, or clearly established federal law, as determined by this Court—for a lower Court, during a postconviction evidentiary hearing, to ignore material evidence, release material witnesses, refuse to afford a pro se defendant an adequate opportunity to present his claims fairly to establish IAC during plea negotiations, in a state postconviction proceeding—after the Court forced that defendant to proceed pro se, without appointing conflict-free postconviction counsel?

Counsel of record

For petitioner
Nicholas J. Aurelio

For respondent
—

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
—

Proceedings

  1. Aug 24 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 21, 2026)