Being convicted of a crime can be overwhelming, especially if you believe your rights have been violated. If you’re considering appealing your case, understanding the process is critical to ensuring your appeal is filed and handled properly.
This guide will walk you through Colorado’s appellate process, providing clarity on how to preserve your right to appeal, file the necessary documents, and identify what you can—and cannot—appeal.
Most Important Questions for Your Appeal
When considering a criminal appeal, it’s important to ask the right questions to determine if you have grounds for an appeal and what steps you need to take. These questions will help clarify your next steps and ensure that your appeal has the best chance of success.
How Do I Preserve My Right to Appeal?
Don’t wait—time is of the essence. You only have 49 days to file a Notice of Appeal with the Colorado Appellate Court after sentencing, per Colo. R. App. P. 4(a)(1). Failure to do so waives your right to appeal. If you need more time, file a motion for an extension of time and demonstrate good cause for the delay.
What Needs to Be Included in My Notice of Appeal?
Filing a Notice of Appeal is governed by Colo. R. App. P. 3(a) & (g). Your notice must include:
- Case details: Case number, charges, judgment, and sentencing date.
- Description of issues for review: A brief description of legal errors or procedural violations.
- Transcript designation: Specify which parts of the court proceedings are relevant to your appeal.
- Contact information: Names, addresses, and registration numbers of attorneys for all parties.
- Appendix: Key documents like the judgment, motions, orders, and the designation of record.
Even notifying the government of your appeal is a process. Your Notice of Appeal must also include:
- A statement of applicability of the appellate court’s jurisdiction.
- Advisory issues to be raised on appeal.
- Whether an appeal bond was granted and if so, its amount.
- A certificate of service showing compliance with C.A.R. 25.
What Should I Request as Part of My Appeal?
When filing your appeal, consider the court transcripts you will need. Request transcripts for all critical parts of your case, such as:
- Motions hearings, where legal errors or improper evidence may have occurred.
- Trial proceedings, to ensure errors by the prosecution or court are documented.
Filing a Notice of Appeal
Your Notice of Appeal must comply with C.A.R. 3(a) & (g). Missing key elements can delay your appeal. Pay attention to requirements like:
- Captioning: Must comply with C.A.R. 32.
- Filing fees: Waivers may apply under C.A.R. 12(a)(4).
- Form 8: Use this form for transcript designation, as required by C.A.R. 10(2).
Identifying Grounds for Appeal
You can appeal issues related to trial court errors, including:
- Improper evidence admitted during trial.
- Reliance on bad Colorado law, such as an incorrect legal standard.
- Prosecutorial misconduct, including withholding evidence in violation of C.R.C.P. 16.
- Juror selection errors, affecting trial fairness.
- Law enforcement misconduct, infringing on Constitutional rights.
What You Cannot Appeal
Certain issues are not appealable, such as:
- Credibility determinations: Disputes over witness truthfulness decided by the jury.
- Issues of fact: Appeals must focus on how the law was incorrectly applied, not on disputing the facts.
- Harmless errors: Only substantial errors that influenced the trial’s outcome can form the basis of an appeal.
Navigating the Appeals Process
The appellate process has multiple steps that require attention to detail.
Step 1: Designation of Record
Start by compiling the trial court record, which includes transcripts, pleadings, and motions. Submit your transcript requests using Form 8, as required by C.R.C.P. Court reporters may request extensions of time, delaying the process.
Step 2: Writing Your Briefs
Each brief serves a distinct purpose:
- Opening Brief: States your legal arguments and issues for appeal.
- Answer Brief: The appellee (opposing party) responds to your arguments.
- Reply Brief: You address issues raised in the appellee’s brief.
All briefs must comply with C.A.R. 28 and C.A.R. 32.
Special Types of Proceedings
In some situations, appellate courts may handle cases outside the usual appeals process. These are known as special proceedings.
Original Jurisdiction
Appellate courts may exercise original jurisdiction to address matters not ruled upon by a lower court. This applies to original proceedings, such as mandamus or prohibition cases.
Writ of Certiorari
If the Colorado Court of Appeals denies your appeal, you can request a writ of certiorari for review by the Colorado Supreme Court. This writ is used to address significant legal errors or public interest matters. However, it is important to note that review by the Colorado Supreme Court is discretionary and not guaranteed, as the court typically selects cases requiring substantial clarification or correction.
Filing a Motion for Rehearing
If your appeal is denied, you can request a rehearing to challenge the court’s decision. Focus on errors in reasoning or the applicability of laws. Focus on errors in legal reasoning, misinterpretation of evidence, or misapplication of laws. Be concise and provide specific references to legal precedents or procedural rules that support your arguments. Rehearings are rare, so ensure your motion is clear and compelling.
What Can I Appeal in Colorado Criminal Cases?
Per C.A.R. 4(b)(5)(A), felony convictions can be reviewed for:
- Sentencing errors, including improper reliance on inaccurate information.
- Trial issues, such as improper evidence, legal errors, or misconduct by prosecutors or law enforcement.
Situations Not Eligible for Appeal
Avoid basing your appeal on:
- Conspiracy theories: Appeals require solid evidence, not speculative claims.
- Harmless errors: Insignificant mistakes that didn’t affect the outcome of the trial.
Key Colorado Legal References
- C.R.S. (Colorado Revised Statutes): Governs laws applicable to civil and criminal cases.
- C.R.C.P. (Colorado Rules of Civil Procedure): Establishes procedural requirements, often intersecting with appeals.
Frequently Asked Questions
Here are answers to common questions about the appellate process:
How Long Does an Appeal Take?
Appeals may take several months to over a year. Delays often result from the issuance of transcripts or extensions requested by court reporters.
Can I Amend My Pleadings?
Yes, amendments to pleadings may be allowed during the appellate process, subject to rule change guidelines.
Why Hire an Appellate Attorney?
Appeals are inherently complicated, requiring a deep understanding of appellate procedures and the intricacies of navigating state courts. An appellate attorney is essential to presenting your case effectively and maximizing the likelihood of a favorable outcome.
The Colorado criminal appeals process demands expertise in the Colorado Rules of Civil Procedure, Colorado Appellate Rules (C.A.R.), and other specific legal provisions. Attorney M. Colin Bresee specializes in criminal appeals and offers the dedicated representation you need. With extensive experience and a comprehensive grasp of appellate rules, he will guide you through each step of the process, ensuring every detail is handled with professionalism and precision. Contact the Law Offices of M. Colin Bresee for more information and a free consultation.
Disclaimer: Neither this page nor any other on the website constitutes legal advice and does not establish a client-attorney relationship.
