Can I Appeal a Court’s Decision?

After a criminal conviction in Colorado, you may want to take immediate steps to appeal the conviction. There are specific circumstances in which you can be eligible to appeal a conviction, including in cases of a legal error, misconduct, or ineffective assistance of counsel. Seeking an appeal is part of a process known as post-conviction relief, and the goal is to have the reviewing court reverse the conviction or sometimes to order a new trial or new sentencing. But what happens when your appeal does not turn out as you want, and the initial appeals court does not decide in your favor?

In such a circumstance, are you able to appeal the court’s decision? You may be able to appeal to a higher court depending on the circumstances of your case. Our Denver criminal defense and appeals attorneys can explain in more detail.

Understanding How Appeals Work in Colorado Criminal Cases

The appeals court that will hear your initial appeal will depend on where your trial originally took place. Criminal cases that are heard in county courts in Colorado, such as in Denver County, can be heard by the appropriate Colorado District Court. The Colorado Court of Appeals considers appeals that come from the Colorado District Court. The Colorado Supreme Court can then hear appeals from the Colorado Court of Appeals, although the Colorado Supreme Court will in some cases agree to hear a case that comes directly from a Colorado county court.

Generally speaking, however, and in sum, appeals work like this:

• Colorado county court convictions are appealed to the Colorado District Court;
• Colorado District Court decisions are appealed to the Colorado Court of Appeals; and
• Colorado Court of Appeals decisions are appealed to the Colorado Supreme Court (although the Colorado Supreme Court may in some cases hear a direct appeal from a county court conviction).

Appealing a Court’s Decision

If you have appealed your conviction to the Colorado District Court and the decision was not in your favor, you may be able to now appeal to the Colorado Court of Appeals. The Court of Appeals will not hear the case anew but will instead review any issues from the original case record, including misconduct or legal errors.

If you have already appealed to the Colorado Court of Appeals and the decision was not in your favor, you can ask the Colorado Supreme Court to hear your appeal by filing a writ of certiorari. However, the decision to review cases from the Court of Appeals is at the discretion of the Colorado Supreme Court — the Colorado Supreme Court can either decide to hear your appeal or to decline to hear it. If the Colorado Supreme Court declines to hear your appeal, it is likely that you do not have further appeal options in the state.

Contact a Denver Criminal Defense and Appeals Attorney for Assistance with Your Appeal

If you have already sought post-conviction relief and appealed your criminal conviction only to have the case decided in the prosecution’s favor, it is important to seek legal advice as soon as possible about additional appeals and post-conviction relief options. As we discussed above, it may be possible to appeal your case to a higher court, including the Colorado Supreme Court. Yet you will have limited time to do so, and as such it is crucial to get in touch with an appeals attorney as soon as possible. One of the experienced Denver criminal defense and appeals lawyers at DeChant Law can speak with you today about your case and can assist you with an appeal or other forms of post-conviction relief. Contact our firm to learn more about how we can assist you.

Sources:

coloradojudicial.gov/court-appeals

law.justia.com/codes/colorado/2021/title-13/article-6/part-3/section-13-6-310/