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 […]
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 […]
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 […]
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 […]