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Colorado Appeals / Appellate Law Questions & Answers
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... View 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... View 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
PREMIUM
Mr. H. Michael Steinberg pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View 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... View 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 pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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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