Colorado Appeals / Appellate Law Questions & Answers

Q: How is it possible to get convicted as an accessory to murder when the primary person involved gets manslaughter

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Colorado on
Answered on Aug 3, 2018
Brian K. McHugh's answer
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 not prevent a jury in the other case from deciding, based on the evidence in the case, that a murder was committed.

Q: If the "victim" of a crime tries to make contact with the other party who's case was deferred, could that nullify the

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Colorado on
Answered on Jun 18, 2017
Mr. H. Michael Steinberg's answer
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 contact order and therefore in violation of the deferred judgement. The rule is this - never - ever - ever - have contact with a the victim if there is a no contact order that is a condition of sentence. It...

Q: I have a question about my legal name on my birth certificate not matching what's in the state database

1 Answer | Asked in Criminal Law, DUI / DWI, Appeals / Appellate Law and Domestic Violence for Colorado on
Answered on Apr 30, 2017
Tristan Kenyon Schultz's answer
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 offenses, they cannot be sealed in Colorado.

Q: Can you tell me if someone has representation, can they file a motion or appeal (March). Attorney withdrew April.

1 Answer | Asked in Family Law and Appeals / Appellate Law for Colorado on
Answered on Apr 26, 2017
Stephen J. Plog's answer
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.

Q: If judge did not order money judgement in eviction does the tenant have to pay rent to perfect appeal?

1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for Colorado on
Answered on Feb 14, 2017
Tristan Kenyon Schultz's answer
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 appeal this aspect of the determination (a hard claim). If the request was not made you may be able to amend the determination (unless a final order was granted). In the alternative you can pursue an...

Q: I asked a question earlier about appealing a eviction and landlord inspecting place before we are out.

1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for Colorado on
Answered on Feb 8, 2017
Tristan Kenyon Schultz's answer
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.

Q: I am in the process of appealing an eviction and my landlord wants to do a walkthrough. Can she do that?

1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for Colorado on
Answered on Feb 5, 2017
Tristan Kenyon Schultz's answer
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 recommended. Focus on the general appearance of the apartment and common areas where landlords tend to find fault (walls, floors, windows, appliances, etc.). Also focus on any specific area(s) of...

Q: If Colorado supreme court of appeals denies my appeal on parental rights termination case, is their another way ?

1 Answer | Asked in Appeals / Appellate Law and Family Law for Colorado on
Answered on Oct 17, 2016
Tristan Kenyon Schultz's answer
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 very low. You can contact an attorney who handles federal cases, but be warned the chances of the attorney taking the case are low. Also the costs should be about double that of a state claim.

Q: Im on a trails record and appealed it. I need to respond to an offer from them. Not sure what to do.

1 Answer | Asked in Appeals / Appellate Law and Family Law for Colorado on
Answered on Oct 17, 2016
Tristan Kenyon Schultz's answer
Contact an attorney to review your offer and the potential outcomes of accepting the offer.

Q: What happens if your lawyer withdraws an appeal in a criminal case?

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Colorado on
Answered on Sep 7, 2016
Tristan Kenyon Schultz's answer
Repeat question. See prior answer.

Q: What happens if your lawyer withdraws an appeal in a criminal case?

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Colorado on
Answered on Sep 7, 2016
Tristan Kenyon Schultz's answer
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.

Q: My lawyer has passed away. We were in the middle of an appeal. What do I do now?

1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for Colorado on
Answered on Aug 3, 2016
Tristan Kenyon Schultz's answer
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 place to protect clients in your situation, but you must stay proactive and make sure that you either find a replacement lawyer or have your file. You can also contact the court where your case is being heard....

Q: I was sentenced in May 2015 to 24 hours community service and an anger management class. I haven't done my sentence yet

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Colorado on
Answered on Dec 11, 2015
Tristan Kenyon Schultz's answer
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 as 10 days after final conviction.

Q: I need help regarding my home and how to fail an appeal

1 Answer | Asked in Appeals / Appellate Law for Colorado on
Answered on Nov 9, 2015
Robert Jason De Groot's answer
When you need legal help, you must go see a local attorney for a full discussion.

Q: If I took a plea Colorado on a and want to appeal it. is this possible? if so what steps do I take?

1 Answer | Asked in Appeals / Appellate Law for Colorado on
Answered on Oct 24, 2015
Robert Jason De Groot's answer
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 issue.

Q: Released illegal alien after ward of state being deported 13 years later being deported.damages lawsuit

1 Answer | Asked in Appeals / Appellate Law for Colorado on
Answered on Oct 22, 2015
Robert Jason De Groot's answer
This post makes absolutely no sense to me. Perhaps you should learn how to make complete sentences.

Q: Is it true that in Colorado, ineffective assistance is not generally introduced into direct appeal?

1 Answer | Asked in Appeals / Appellate Law for Colorado on
Answered on Oct 18, 2015
Robert Jason De Groot's answer
Basically, because ineffective assistance is generally best raised in a post conviction relief proceeding. Each case is different.

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