Category Archives: Uncategorized
On April 3, 2018, managing attorney K.L. Penix argued before the Colorado Court of Appeals in Denver on behalf of Defendant-Appellant Craig Edward Nelson in The People of the State of Colorado v. Craig Edward Nelson. The primary issue in the case was whether the People shifted the burden of proof to Nelson by cross-examining […]
In Colorado, a direct appeal is an appeal from a trial court decision, filed immediately following entry of judgment within the trial court. On direct appeal, Colorado appellants may only argue alleged legal errors made by the lower court. Commonly alleged trial court errors include the improper admission of evidence, an incorrect jury instruction, or […]
After going through the lengthy trial process, most litigants presume that their trial level attorney will handle the appeal. After all, who knows the case better than he or she does? In reality, however, most trial level attorneys will not handle appeals as a rule. Think of it this way: you wouldn’t seek out an […]
On January 19, 2017, managing attorney K.L. Penix argued before the Seventh Circuit Court of Appeals in Chicago on behalf of plaintiff-appellant in Sabina Burton v. Board of Regents of the University of Wisconsin System, et. al. The primary issue in the case was whether Burton was entitled to relief under Title VII of the […]
A motion for a new trial is a common post-conviction motion that asks a reviewing court to overturn a judge’s order or a jury’s verdict, thereby putting the defendant in the position he was in prior to the start of trial. In Wisconsin, the availability of a new trial is governed by Wis. Stat. §805.15, […]
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 […]
Why Expungement? Due to the public nature of most criminal court records, a single bad decision can result in a permanent, detrimental mark on a person’s record. Some states make these records more readily available than others. For example, individuals can search and view Wisconsin criminal records online, for free, through “Wisconsin Court System […]
Under normal circumstances, the pathway to a supreme court involves stops at a trial level court, and then an appellate level court. Because supreme court review is discretionary, many cases travel through the trial and appellate level courts, only to never achieve supreme court review. In a very limited number of cases, however, an action […]
Many courts have instituted an electronic system for briefs and other documents. While these courts still require paper copies of most briefs, they require an additional, electronic copy to be filed through their Web site. In Wisconsin, for example, attorneys are required to file an electronic copy of briefs in the court of appeals and […]