Last week, the Wisconsin Court of Appeals overturned a circuit court order that would have allowed demolition of the historic Sisters of Holy Nativity Convent. On appeal, Attorney K.L. Penix argued the circuit court’s decision allowing for the demolition was erroneous because, in relevant part, the owner of the Convent attempted to comply with a raze or repair […]
Category Archives: Civil Appeals
“Fate of Sisters of the Holy Nativity Convent in hands of appeals court A brief filed Friday with Wisconsin Court of Appeals by legal counsel for the owner of Sisters of the Holy Nativity Convent [Alderman Law Firm] asks that the property be saved from the city of Fond du Lac’s demolition order. . . “Our national historic […]
The first step in a direct appeal is to ask the court of appeals to provide relief for specific legal errors made at the trial level. But sometimes, the trial court made only a series of smaller errors, rather than a severe error that would alone warrant reversal. In these cases, the cumulative error doctrine […]
With few exceptions, a legal issue must be preserved in the trial court in order to raise it on appeal. This means that the issue must have been brought to the attention of the trial court and the court must’ve been given the chance to make the correct decision. The most common means of preservation […]
In any jurisdiction, an appeal is a legal proceeding through which a party that received an adverse decision seeks review of that decision in a higher court. An appeal is not an opportunity to re-litigate a case or present new evidence, but rather to point out an error that occurred in the trial court. The […]
The Colorado Supreme Court is made up of seven justices who serve ten-year terms. The current seven justices are Chief Justice Nancy E. Rice, and Justices Nathan B. Coats, Allison H. Eid, Monica M. Márquez, Brian D. Boatright, William W Hood, III, and Richard L. Gabriel. To become a justice, an attorney must be recommended […]
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 […]
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 […]