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Colorado Appeals / Appellate Law Questions & Answers
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
Mr. H. Michael Steinberg 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... Read more »

Charles William Michaels
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... Read 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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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Colorado on
Q: I had a hearing on jan 15 th in front of the colorado supreme court and still have not heard a ruling why so long

Does it take colorado supreme court this long to decide usually

Brian K. McHugh
Brian K. McHugh answered on Sep 30, 2019

There is no set time limit for the Colorado Supreme Court to rule. Your wait of 9 months is not at all unusual. It could be several months before the Court renders a decision.

1 Answer | Asked in Appeals / Appellate Law for Colorado on
Q: How do I ask for more time to appeal?

The district court mailed my final order to the wrong address (street address instead of my PO Box) and I still haven't received it! My 49 day deadline to appeal is in 4 days.

Nelson Patrick Boyle
Nelson Patrick Boyle answered on Sep 27, 2019

I urge you to call an appellate attorney. Depending on your ability to pay for an attorney, you may be able to hire one on an hourly or flat fee basis or you may qualify for a public defender or alterternative defense counsel (if it's a criminal case) or there may be some services out there to... Read more »

2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Colorado on
Q: Hi I'm trying to find out what steps or documents I need to file for ineffective assistance of counsel for my husband
Gary Kollin
Gary Kollin answered on Jul 8, 2019

You cannot file it for him. Only he can file it or a lawyer.

Obviously, this is the last chance he will have to get review.

If yyou had to ask that question, you are ill equipped (in fact, not equipped at all) to have any ability in that area.

If he is going to have any...
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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Colorado on
Q: How is it possible to get convicted as an accessory to murder when the primary person involved gets manslaughter

The guy who actually took the life took a plea for second degree manslaughter. His buddy who goes to trial is convicted of accessory to the crime of murder. How is it possible to do that if there is no murder conviction?

Brian K. McHugh
Brian K. McHugh answered on Aug 3, 2018

Each case is independent of the other in terms of outcome. A plea of guilty by person who took a plea deal does not preclude a jury in a related case from finding the defendant guilty of the offense(s) charged in the related case. In other words, just because one person pled to manslaughter does... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Colorado on
Q: If the "victim" of a crime tries to make contact with the other party who's case was deferred, could that nullify the

Judgement and reverse the court order? Colorado law please? Possible statutes to look at?

Mr.  H. Michael Steinberg
Mr. H. Michael Steinberg answered on Jun 18, 2017

The answer is "it depends." If there is a no contact order that order does NOT bind the victim from trying to contact the Defendant. This is a dangerous situation - if the person on the deferred judgement receives the contact and then responds to it - THEY would bein violation of the no... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI, Appeals / Appellate Law and Domestic Violence for Colorado on
Q: I have a question about my legal name on my birth certificate not matching what's in the state database

I have a couple of criminal convictions. I'm seeing my name in the state data base doesn't match my birth certificate. Just curious as to if I can get them expunged from my record on a technicality

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Apr 30, 2017

No, a difference in name will not allow you to seal a conviction. Many convictions in Colorado can be sealed, but the requirements always related to a certain number of years of conviction-free conduct (the number or years required to pass varies by the severity of the crime). If these are traffic... Read more »

1 Answer | Asked in Family Law and Appeals / Appellate Law for Colorado on
Q: Can you tell me if someone has representation, can they file a motion or appeal (March). Attorney withdrew April.
Stephen J. Plog
Stephen J. Plog answered on Apr 26, 2017

Presuming I am understanding your question correctly, it looks like your attorney withdrew from your case in April? Appeals and motions can be filed whether you have an attorney or not. All the filing deadlines also apply whether you have an attorney or not.

1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for Colorado on
Q: If judge did not order money judgement in eviction does the tenant have to pay rent to perfect appeal?

Judge ordered my tenant out in 48 hrs. but she appealed. The judge set a later date for money damages so there was no money ordered when she appealed. She got bond waived due to formas pauperis .Tenant owes 3 months rent and $700 water bill and continues to live in my home for free with water being... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Feb 14, 2017

It is probably best to talk to an attorney before you proceed. The attorney might be able to expedite the appeal process too. If the judge did not award back rent it is probably because either it was not requested or the judge denied the request. If the judge denied the request, you will need to... Read more »

1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for Colorado on
Q: I asked a question earlier about appealing a eviction and landlord inspecting place before we are out.

This landlord has followed my 16 yr old son to his friends house and is taking picture's and also has been in the house when she thought no one was home, but there was someone home. I don't want her in here until I am completely moved. She has no grounds for eviction and is trying to find... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Feb 8, 2017

You can always tell her no, the issue is whether you can enforce the no via the police or courts. The following and frequent entry into the apartment is very likely overstepping. If you can document this, it might be helpful for the eviction.

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 »

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