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Colorado Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for Colorado on
Q: I am in the process of appealing an eviction and my landlord wants to do a walkthrough. Can she do that?
Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Feb 5, 2017

Generally yes, the landlord has a right to inspect the apartment for litigation and likely under general inspection rules under the lease. It is recommend that you heavily document the apartment before the landlord inspection and after the inspection. A combination of movies and still images is... Read more »

1 Answer | Asked in Appeals / Appellate Law and Family Law for Colorado on
Q: If Colorado supreme court of appeals denies my appeal on parental rights termination case, is their another way ?
Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Oct 17, 2016

There is a remote possibility that you can file a federal lawsuit for the violation of a constitutional right. Assuming the termination hearing was conducted properly and there is nothing novel about your case, the likelihood of the surviving summary judgment (rejection before the full trial) is... Read more »

1 Answer | Asked in Appeals / Appellate Law and Family Law for Colorado on
Q: Im on a trails record and appealed it. I need to respond to an offer from them. Not sure what to do.

My wife (now ex) accused me of molesting my 3.5 yr old daughter. I never did that! Dept of Human services were called. My case was unfounded until an unlicensed clinical social worker got involved saying my daughter was saying she had "secrets" and making up things my daughter would never... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Oct 17, 2016

Contact an attorney to review your offer and the potential outcomes of accepting the offer.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Colorado on
Q: What happens if your lawyer withdraws an appeal in a criminal case?
Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Sep 7, 2016

Repeat question. See prior answer.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Colorado on
Q: What happens if your lawyer withdraws an appeal in a criminal case?
Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Sep 7, 2016

If you mean that your lawyer withdrew from your case, then you are appealing as a pro se (without representation) party. If you mean that the entire appeal was withdrawn, then you are not appealing your current conviction.

1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for Colorado on
Q: My lawyer has passed away. We were in the middle of an appeal. What do I do now?

This was a landlord tennant issue. She worked by herself. I had already paid the retainer. We won our original case but the collection agency that was suing me appealed. I have little to no info about the status of our case, she was taking care of everything. The last time I was in court was about... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Aug 3, 2016

Contact the lawyer's office to see if an alternative counsel was designated. If not, request your file from the office. As a general rule you should receive a refund for any unused portion of retainer amount (excluding any costs/fees for services already rendered). There are procedures in... Read more »

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Colorado on
Q: I was sentenced in May 2015 to 24 hours community service and an anger management class. I haven't done my sentence yet

Because I filed with the the court an intent to appeal. I don't seem to have an appeal though. Is it possible to ask the judge to suspend my sentence. I am a first time offender, and I did not do what I was found guilty of.

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Dec 11, 2015

Talk to a lawyer about your options. You can ask the judge to suspend the sentence until your appeal is decided, but it is judicial discretion on whether to suspend your sentence. Also, be aware that there is a very short period of time to appeal a conviction; the notice of appeal can be as little... Read more »

1 Answer | Asked in Appeals / Appellate Law for Colorado on
Q: If the appeal is on calandar set for March 27, 2013 and it is under waived, what does this mean?
Robert Jason De Groot
Robert Jason De Groot answered on Nov 11, 2015

Ask the clerk? I cannot say.

1 Answer | Asked in Appeals / Appellate Law for Colorado on
Q: I need help regarding my home and how to fail an appeal

United States Bankruptcy court said my case should go to state court?

Robert Jason De Groot
Robert Jason De Groot answered on Nov 9, 2015

When you need legal help, you must go see a local attorney for a full discussion.

1 Answer | Asked in Appeals / Appellate Law for Colorado on
Q: If I took a plea Colorado on a and want to appeal it. is this possible? if so what steps do I take?
Robert Jason De Groot
Robert Jason De Groot answered on Oct 24, 2015

That depends upon all of the facts and circumstances. Was the right to appeal reserved basically as a result of a motion to suppress being denied? Was there a collateral matter that can be appealed? You need to speak with your attorney about this. In order to appeal, there must be an appealable... Read more »

1 Answer | Asked in Appeals / Appellate Law for Colorado on
Q: Released illegal alien after ward of state being deported 13 years later being deported.damages lawsuit
Robert Jason De Groot
Robert Jason De Groot answered on Oct 22, 2015

This post makes absolutely no sense to me. Perhaps you should learn how to make complete sentences.

1 Answer | Asked in Appeals / Appellate Law for Colorado on
Q: Is it true that in Colorado, ineffective assistance is not generally introduced into direct appeal?
Robert Jason De Groot
Robert Jason De Groot answered on Oct 18, 2015

Basically, because ineffective assistance is generally best raised in a post conviction relief proceeding. Each case is different.

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