The Colorado Court of Appeals consists of 22 judges each serving an eight-year term. To become a judge, an attorney must be nominated by commission, and then appointed by the Governor of Colorado. A newly nominated judge will serve a two-year term, and then must achieve retention through a general election. Judges who achieve retention […]
Category Archives: Criminal Appeals
A particular court’s jurisdiction refers to what types of cases it is authorized to hear, or the scope of its power. A court of general jurisdiction is a court that can hear any type of case that may arise within its assigned geographic location, such as civil, criminal, or family. Most state court systems divide […]
The United States Court of Appeals for the Tenth Circuit is the federal appellate court with jurisdiction over the federal districts of Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming. In almost all cases, a would-be appellant cannot initiate a case in this court until he has received a final judgment within the district court. […]
In most cases, a loss in a Colorado District Court case may be appealed directly to the Colorado Court of Appeals. In order to preserve the opportunity to pursue an appeal, however, a litigant must pay careful attention to the Colorado Appellate Rules (“CAR”) and the deadlines contained therein. The first step is filing and […]
As a criminal defendant in a county court case, you have the option to appeal an adverse order to the district court of the same county. This type of appeal is governed by Colorado Rule of Criminal Procedure 37, and has different rules and deadlines than a traditional appeal to the Colorado Court of Appeals. […]
In any appeal, it is vital to pay attention to all deadlines. In a worst-case scenario, a missed deadline can be fatal to an appeal. However, the Colorado Appellate Rules allow a litigant to request an extension of a missed deadline in certain, limited instances. Courts are often loathe to grant such requests, however, so […]
Whether you privately retain an appellate attorney or are appointed one by the court, one of the first things your appellate attorney will request is the entire case file. Many people are surprised to find that it can cost hundreds of dollars to obtain all documents in a case file. This often prompts individuals to […]
In the majority of criminal cases, a successful appeal or post-conviction motion is not the end of a criminal case. In fact, most post-conviction motions and appeals request specific relief that prolongs the case further, such as a new trial, a new sentencing hearing, or the withdrawal of a plea and the opportunity to go […]
A defendant who wishes to appeal a criminal conviction must inform the court of his intention by filing a notice of appeal. The notice of appeal sets into motion deadlines for various other events, leading up to the deadline to file the appellate brief. While this deadline may be extended as necessary (for more information […]
This post considers the process of filing a petition for a writ of habeas corpus in state court. For an overview of federal habeas corpus, review our recent post, “Petitioning for Federal Relief Under 28 U.S.C. § 2254.” In addition to being able to file a petition for a writ of federal habeas corpus relief, […]