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Colorado Appeals / Appellate Law Questions & Answers
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... Read 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... Read 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... Read 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... Read 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...
Read more »

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...
Read more »

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...
Read more »

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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.

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