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Colorado Appeals / Appellate Law Questions & Answers
Q: Can someone please help me understand what exactly happened with this case, with the paperwork I have from a 2008 case?

I have the documents from the dates and filings of the entire case I just can't understand exactly what happened with all the abbreviations and legal terms I'm looking for someone to help me understand it

John Michael Frick
John Michael Frick
answered on Oct 2, 2023

This is a question and answer forum. You should schedule a consultation with an attorney in or near the county where the case in question was and bring the case documents with you for an explanation. If the documents are not too voluminous, you should be able to get your questions as to... View More

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1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Landlord - Tenant for Colorado on
Q: Can someone read this over and see if I'm accurate or not, for me please Motion to reconsider judgment in FED Eviction

"fraud of courts." Defense

Background:

1. During the proceedings, the plaintiff's counsel presented unnecessary testimony from a process server to support a false claim of personal service to the defendant. This witness testimony was intended to embolden the... View More

John Michael Frick
John Michael Frick
answered on Aug 24, 2023

That doesn't sound like a valid defense to an eviction case. It sounds like the judge did the correct thing in dismissing (presumably without prejudice) the eviction against the unserved defendant and evicting the defendant who admittedly was served. The landlord will have to refile the... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Colorado on
Q: Sentencing in 5 weeks what post conviction motions can I file and do I do that myself or do I have to get an attorney?

My attorney throughout this has done nothing for me and now I'm due to be sentenced in 5 weeks. I have been found guilty in a jury trial of two counts of burglary, one count methamphetamine possession, one count THC possession misdemeanor, one count paraphernalia possession misdemeanor.... View More

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on May 11, 2023

I no longer practice criminal law. But your questions highlight why it’s vital to have an attorney to help navigate the legal process. The law is complex. The rules of procedure are complex. Good lawyers even sometimes make mistakes and get sued for malpractice—that’s why lawyers carry... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Family Law for Colorado on
Q: Are there lawyers who will work on a contingency basis for civil rights violations in DNN cases file suits to go supreme

I need lawyers to help defend violations of civil rights by human services case workers judges and lawyers and commit extortion harassment discrimination and retaliation guilty of kidnapping disabled child and social worker purges herself on the stand during a contested hearing of treatment plan... View More

James L. Arrasmith
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answered on Mar 11, 2023

Yes, there are lawyers who work on a contingency basis for civil rights violations, including cases involving violations by human services case workers, judges, and lawyers. These lawyers typically work on a contingency fee basis, meaning that they do not charge any upfront fees and instead take a... View More

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Colorado on
Q: How do i find pro bono help for criminal appeal?

I am a close friend to D.S., who was convicted of 1st degree murder in Boulder County CO and sentenced to life without. I may be biased as her friend, but in talking to her public defender, a lot of evidence was not allowed to enter the court that could've made the difference. The DA was... View More

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on Mar 8, 2023

Your friend is in good hands with the Colorado Public Defender's statewide felony appeals team. They have stellar, well-trained lawyers who are at the top of their game for felony appeals.

1 Answer | Asked in Appeals / Appellate Law, Constitutional Law and Criminal Law for Colorado on
Q: Can a judge in a criminal case that acquitted or dismissed can that judge do the civil case knowing both case
James L. Arrasmith
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answered on Mar 2, 2023

It depends on the specific circumstances of the case and the rules of the court in which the cases are being heard. In general, a judge who presides over a criminal case involving the same parties or issues as a subsequent civil case may be prohibited from hearing the civil case due to potential... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Colorado on
Q: I believe evidence was withheld from me culminating in entering a plea agreement under duress. What can I do about this?

I never saw the photos of evidence sized or the police body worn camera footage before entering into this plea agreement. Also I was able to view the body camera footage three days before my sentence was handed down and the acting DA never returned my lawyers phone calls and messages. The original... View More

Sean Maye
Sean Maye
answered on Jan 24, 2023

First and foremost, if you did not see essential evidence/videos prior to your plea agreement and you would not have accepted the plea agreement if you had viewed the essential evidence/videos, that is certainly grounds for withdrawing your plea. The practical effect of this is that the case... View More

2 Answers | Asked in Appeals / Appellate Law and Divorce for Colorado on
Q: Can I appeal a divorce decree?

My x and I had a house in FL. He is former military so it was a VA loan. It went in to pre foreclosure in 2014 while we lived in another country. He was receiving the funds but not paying the mortgage. I came back to the states when I found out and, I managed to get a modification on the house.... View More

Sabra M. Janko
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answered on Feb 15, 2022

I am sorry to hear about your situation. An appeal has to occur within a specific time period and it has to be based on an error of fact or law. No new evidence can be introduced. It is common to divide debts in dissolution. However, if he is not performing a court ordered debt payment, then you... View More

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2 Answers | Asked in Appeals / Appellate Law for Colorado on
Q: How does one file a notice of appeal judgment
Katie Marie Charleston
Katie Marie Charleston
answered on Aug 11, 2021

This will depend on whether your case is a state or federal case. I am licensed in the 10th Circuit Court of Appeals (federal), but not the state of Colorado. Either way there are time and procedural requirements to file your appeal. You should consult an attorney to guide you through the process.

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2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Colorado on
Q: Should I appeal my dmv hearing extension on my ignition interlock device

I'm looking at a possible interlock extension in Colorado I want to appeal my hearing because one of my events my BAC read as follows: At 7:34 my bac was .058, at 7:36 my bac was .053, at 7:42 my bac was .049, at 7:45 my bac was .043. I thought it was a false positive because I had just ate.... View More

Charles William Michaels
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Charles William Michaels
answered on Mar 8, 2021

First, I am not a Colorado lawyer. That being said, if you claim that your blood alcohol concentration (bac) is being incorrectly monitored, yes I would appeal that.

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1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Family Law for Colorado on
Q: If court order is not modifiy or stipulations were not filed is it a civil case?
Sabra M. Janko
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answered on Mar 6, 2021

It would be important to know what type of case it is. Courts have subject matter jurisdiction over certain subjects so it is not possible to determine what type of case it is based on whether there is a motion to modify some unspecified thing and there were no stipulations filed.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Cannabis & Marijuana Law for Colorado on
Q: Recently found evidence

If someone was wrongly convicted and found evidence to prove their innocence how do you bring such evidence to the attention of the court ? This evidence was provided to the public and to the court who refused to address it ? Its concerning mmj red card plant counts .

Thank you

Sean Maye
Sean Maye
answered on Dec 1, 2020

You would need to file an appeal under Rule 35(c). If you are incarcerated, you should request an attorney to assist you with this. If not, you should consult with a private attorney because these petitions are very complicated and you will need detailed legal guidance.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Colorado on
Q: I am wanting to hire an appalate lawyer for my brother who is serving a72 yr sentence for no good reason. I need help?

His charge was escape for not compling with his sentence. And for being a habitual drug offender (non violent). At time of his arrest he didnt have drugs on him just money and bags for his antique stamp collection. And was shown to the court he collected. The money was even eventually returned to... View More

Sean Maye
Sean Maye
answered on Nov 30, 2020

There are many attorneys, like myself and others, who do criminal appeals under Rule 35(c). It has been 15 years since the trial, so there are a lot of claims that may be time-barred, which may mean that an appeal may only be successful if there is "new evidence" that has been... View More

1 Answer | Asked in Child Custody, Family Law and Appeals / Appellate Law for Colorado on
Q: I was approved for legal assistance but they didn't have a family attorney available to represent me, where to help

I've been going through a custody case where my daughter's mom is using my current moment of unemployment due to unforeseen back surgery. Her and her attorney have made false accusations, one after another and having a super biased magistrate and no representation, they have succeeded in... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Nov 11, 2020

At this point, you may need to retain your lawyer privately, not through Legal Aid. They are not really set up to help everyone who needs it.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Colorado on
Q: What does this mean; Unlawful Flight to Avoid Prosecution - Title 18 US Code 1073?

I have a warrant in Colorado for not showing up to their court for a hearing about restitution. I was coerced into a deferred sentence and given a restitution and misdemeanor. These people never intended to treat me fairly. I have never been a resident of Colorado. I was just driving through and... View More

Sean Maye
Sean Maye
answered on Nov 10, 2020

First off, I am sorry this happened to you. It sounds like your experience while the case was open was pretty difficult and that your experiences afterward have continued to be difficult.

That said, if you agreed to restitution and a restitution hearing was set for whatever reason, then...
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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Colorado on
Q: How do I find out about felony convictions?? (Court records, transcripts, verdict, appeal info, etc.)?
Mr.  H. Michael Steinberg
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answered on Jul 12, 2020

Try this website for some of those things - www.cocourts.com

1 Answer | Asked in Divorce, Appeals / Appellate Law, Child Custody and Constitutional Law for Colorado on
Q: I originally got a emergency protective order against my ex wife. She responded by claiming a false domestic abuse card.

I assumed that I was to stay away from her by x amt of ft And knew I was not allowed to call her. We had twins.I emailed her a non-confrontational email. Explained that I did not want to go threw a bitter divorce and basically would become victimized in order to make sure my twins had a well... View More

Charles William Michaels
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Charles William Michaels
answered on May 11, 2020

First if you and your ex wife each have attorneys, it usually is the rule to communicate to her attorney and not directly. Second, Double Jeopardy is a criminal principle and doesn't apply here.

3 Answers | Asked in Family Law, Appeals / Appellate Law, Child Custody and Domestic Violence for Colorado on
Q: What do I do if my ex wife is filing for a CFI with no probable cause?

My ex wife has involved social services twice and police numerous times claiming false domestic violence accusations against my current girlfriend and I in front of the kids. I've been thoroughly investigated and nothing has been founded. She is now threatening to file a motion for a CFI and... View More

Douglas T. Cohen
Douglas T. Cohen
answered on Feb 2, 2020

You can object to the appointment of a CFI, but with a high-conflict custody situation, the court is likely to appoint one. It is not up a therapist to decide.

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1 Answer | Asked in Appeals / Appellate Law and Native American Law for Colorado on
Q: Appeal for reinstatement of parental rights was taken over by tribal court. What happens now?

My rights were terminated I appealed right away. My appeals lawyer found that the county terminated my rights without ICWA being informed. Lakota Sioux has found children eligible and now are taking over case. What's going to happen.

Scott E Beemer
Scott E Beemer
answered on Nov 24, 2019

Unfortunately. I cannot answer in accordance with ABA Ethics Rule 4.2:

In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the...
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