I expect counsel was reacting to a set-up by the court and/or the state. "Pick one issue." He essentially wanted CO reciprocity, so that's the issue he went for.
Lots of money, wasted. Didn't think ahead.
It's not at all unusual for a lawyer to miss the boat on framing the issue.
This is an uphill fight as it is. Bungled cases like this cause huge setbacks.