Short v. Davis , No. 11-1395 (10th Cir. 2011)

Pro se Petitioner-Appellant Troy Short sought a certificate of appealability (COA) to challenge a district court's denial of his motion for post-conviction relief. A Colorado state jury convicted Petitioner on one count of second degree burglary and one count of theft. On direct appeal to the Colorado Court of Appeals (CCA), Petitioner asserted the trial court erred when it refused to appoint substitute counsel. In particular, Petitioner asserted he was entitled to substitute counsel based on a complete breakdown in communication with existing counsel. The CCA rejected Petitioner's claim of error, concluding the record fully supported the trial court’s determination that communications between Short and his counsel had not broken down and that perceived friction on the part of Petitioner did not hinder counsel’s ability to adequately present the case to a jury. The Colorado Supreme Court denied certiorari review. Because Petitioner did not make "a substantial showing of the denial of a constitutional right," the Tenth Circuit denied his request for a COA and dismissed his appeal.