A party is permitted to represent himself or herself on appeal. Such a party is referred to as a pro se litigant. Courts do not provide special treatment to pro se appellants. They must comply with all filing requirements, formatting rules, and deadlines contained in the Colorado Appellate Rules. Some deadlines are jurisdictional, meaning the […]
Category Archives: Colorado Appeals
Appeals, Civil Appeals, Colorado Appeals, Criminal Appeals
Can You Add Evidence After Trial? Supplementing the Record on Appeal in Colorado
17
Dec
Dec
A familiar situation occurs shortly after a judgment enters. The hearing or trial is over. The court has ruled. Afterward, the losing party reviews the case more carefully and begins finding things that seem important. An email surfaces that contradicts a witness. A document appears that clarifies a contract term. Someone who did not testify […]
An insufficient evidence argument asserts that the evidence at trial was insufficient to convict the defendant of one or more charges because the prosecution did not prove, beyond a reasonable doubt, one or more elements of those charges.
Cert Petitions, Colorado Appeals, Colorado Supreme Court
What is the criteria for a cert petition in Colorado?
24
Jan
Jan
A cert petition (petition for writ of certiorari) asks the Colorado Supreme Court, which is the highest court in the state, to review the decision of the Colorado Court of Appeals. The criteria for filing a cert petition in Colorado may depend on the type of case and the court involved. In general, however, the […]
In order to make a legal argument on appeal, the issue must be preserved. The principal behind issue preservation is that the trial court should have an opportunity to correct its own errors before the appeals court steps in. Therefore, where an issue has not been preserved – i.e. not first brought to the attention […]
Appeals, Civil Appeals, Colorado Appeals, Criminal Appeals, Uncategorized
What the “Record on Appeal” Actually Is — and Why Appeals Are Decided There
17
Feb
Feb
A common reaction after a trial court loss is this: the party believes the appellate court will look at everything that happened and decide the case more carefully. They gather emails that were never offered at trial. They collect photographs. They prepare explanations of what a witness meant. They write a detailed narrative of what […]
After a Colorado criminal defendant has exhausted the direct appeal process, he may turn to filing a pro se motion for relief pursuant to Colo. Crim. P. 35(c). Often, this is where he alleges that his trial counsel was ineffective. Upon receipt of a 35(c) motion, the reviewing court must consider whether “the motion and […]
Civil Appeals, Colorado Appeals, Criminal Appeals, Issue Preservation
Issue Preservation in Colorado Appeals: Was my issue preserved for appeal?
03
Mar
Mar
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 […]
C.R.S. § 18-1-405(1) requires that, if a defendant is not brought to trial within six months of the entry of his not guilty plea, the charges must be dismissed. The statutory language is “mandatory and leaves no room for court discretion.” Carr v. District Court, 543 P.2d 1253, 1254, 190 Colo. 125 (Colo. 1975). This […]
- 1
- 2