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How To Appeal A Criminal Conviction In Colorado

Updated: 7 days ago

How to Appeal a Criminal Conviction in Colorado

Legal systems are structured to ensure justice, but they are flexible. Mistakes can happen, leading to wrongful convictions.

If you believe you’ve been wrongly convicted of a crime in Colorado, there is a legal pathway to challenge that verdict: the appeal process.

This guide demystifies the intricate procedure of appealing a criminal conviction in Colorado, offering insights, steps, and practical advice.

Understanding Appeals

Appeals are legal processes where a higher court reviews the decisions of a lower court. It’s not a new trial or a redo. Instead, it focuses on potential errors in the initial trial that might have affected the verdict. In Colorado, the appeal process is stringent, and not all decisions can be appealed. However, understanding the basics is the first step.

Grounds For Appeal In Colorado

There are several grounds on which a case can be appealed, such as:

  1. Erroneous legal decisions by the trial judge

  2. Inadequate representation by defense counsel

  3. Newly discovered evidence

  4. Judicial misconduct

Determining the exact grounds for your appeal early in the process is essential.

Initiating The Appeal Process

In Colorado, the appeal starts by filing a notice of appeal. This notice must be submitted within a specific time frame, usually within 49 days of the conviction. It’s crucial to adhere to these deadlines, as missing them can result in losing your appeal rights.

The Role Of Appellate Courts

Appellate courts serve a pivotal function in the appeals process. Their primary purpose is not to conduct new trials but to review decisions made by lower courts to ensure justice, fairness, and adherence to the rule of law. Here’s an overview of their role in the appeals process:

  1. Initiation of the Appeal: Before an appellate court can review a case, one of the parties in the original case (usually the losing party) must initiate an appeal. This means they believe there was a significant legal error in the original decision and seek a review.

  2. Review of the Record: Unlike trial courts, appellate courts do not hear new evidence or witness testimonies. Instead, they review the record from the lower court. This record includes trial transcripts, evidence presented, and any other pertinent documentation.

  3. Legal Briefs: Both parties in the appeal will submit legal briefs to the appellate court. These briefs present arguments about why the lower court’s decision should be upheld or overturned. The briefs are essential as they frame the legal issues for the appellate judges.

  4. Oral Arguments: In some cases, appellate courts allow lawyers from both sides to present oral arguments. This allows judges to ask questions directly and for attorneys to emphasize critical points of their case.

  5. Deliberation: After reviewing the record and considering the arguments from both sides, the appellate judges will deliberate. They discuss the legal issues, evaluate the application of the law, and decide whether the lower court made an error.

  6. Decision: Appellate courts will then issue a written decision. This decision can:

    1. Affirm the lower court’s decision, meaning they agree with it.

    2. Reverse the decision, meaning they believe the lower court made a mistake.

    3. Remand the case, instructing the lower court to conduct a new trial or take specific actions.

    4. Setting a precedent: The decisions made by appellate courts often become legal precedents. These precedents guide and influence future cases, ensuring consistency in the legal system.

  7. Further Appeals: In some jurisdictions, there’s more than one level of appellate courts. Suppose a party is dissatisfied with the decision of an intermediate appellate court. In that case, they can appeal to a higher appellate court, like a supreme or constitutional court.

Possible Outcomes Of An Appeal

There are three primary outcomes:

  1. Affirmation of the original verdict

  2. Reversal of the verdict

  3. Remand for a new trial or specific legal actions

Post-Appeal Options

Once an appellate decision has been handed down by the Colorado Court of Appeals, the parties involved may be considering their next potential steps. Here are the post-appeal options available in Colorado:

  1. Petition for Rehearing: A petition for rehearing can be filed with the Colorado Court of Appeals by a party who feels the court neglected an essential section of the case or made a grave error. However, the success of such a petition is rare, and a compelling reason must be presented.

  2. Petition for Certiorari to the Colorado Supreme Court: The Colorado Supreme Court will hear petitions for review from dissatisfied parties who have already sought recourse from the Colorado Court of Appeals. This is done by filing a petition for a writ of certiorari. However, the Colorado Supreme Court is discretionary and chooses to hear only a fraction of the cases presented. They’re more likely to take up cases with broad legal significance or where there is a need to resolve inconsistencies in the law.

  3. Post-Conviction Relief: In criminal cases where a defendant believes there were violations of constitutional rights or other significant legal issues not addressed in the direct appeal, they can file a post-conviction relief motion in the trial court. Common grounds include ineffective assistance of counsel or newly discovered evidence.

  4. Civil Motion for Relief from Judgment: In civil cases, if there’s a basis to believe there was an error in the appellate judgment, a party might move for relief based on specific reasons like newly discovered evidence, fraud, or mistake.

  5. Settlement or Alternative Dispute Resolution: Even after an appeal in a civil case, parties can choose to resolve their disputes out of court. Colorado has a rich tradition of mediation and arbitration, and the appellate decision might provide a clearer picture of the potential outcome, guiding the parties toward settlement.

  6. Acceptance: At times, the most prudent course of action after exhausting the appellate process might be to accept the Colorado Court of Appeals or the Colorado Supreme Court’s decision, especially if no other viable legal avenues remain.

  7. Legislative or Policy Change: If a case has significant public implications, parties or advocates might approach the Colorado General Assembly to consider legislative changes. Sometimes, appellate decisions highlight areas of the law that might benefit from revision or clarification.

Costs Associated With Appeals

Appeals can be expensive. It’s essential to be prepared financially between court fees, attorney’s fees, and the costs of transcripts and records.

Common Mistakes To Avoid

Many mistakes can jeopardize an appeal:

  1. Missing deadlines

  2. Inadequate legal representation

  3. Not understanding the grounds for appeal

Hiring An Appellate Attorney

Having an experienced appellate attorney is crucial. They understand the nuances of the law and can guide you through the complexities of the appeal process.

Appeal Vs. Post-Conviction Relief

While an appeal challenges the verdict, post-conviction relief focuses on issues outside the trial’s record, like newly discovered evidence or ineffective counsel.


Can I appeal any conviction in Colorado?

Not all convictions can be appealed. Consult with an attorney to determine your eligibility.

How long does the appeal process take?

It varies, but appeals can take months or even years.

What if my appeal is denied?

Other legal avenues are available, like post-conviction relief or petitioning the Colorado Supreme Court.

Do I need a lawyer for an appeal?

While not mandatory, having a lawyer significantly increases your chances of a successful appeal.

Can new evidence be presented during an appeal?

No, appellate courts review the trial for legal errors. New evidence is usually presented during post-conviction relief.

How much does an appeal cost?

Costs vary but can be significant. Consult with an attorney for a more precise estimate.

What’s the difference between an appeal and a retrial?

An appeal reviews the trial for errors, while a retrial is a new trial in the lower court, usually ordered if significant legal errors occurred in the original proceedings.

Can I appeal on the grounds of dissatisfaction with the verdict?

Merely being dissatisfied with the verdict is not grounds for appeal. There must be legal errors or other valid grounds to challenge the verdict.

Are there any risks associated with appealing?

Yes, while appealing might allow you to overturn a conviction, there’s also the risk that the appellate court might uphold the original verdict. Moreover, in some instances, an appeal can lead to a harsher sentence, though this is rare.

Is there a difference between state and federal appeals?

State appeals are based on state law convictions and go through the state court system. Federal appeals arise from federal convictions and navigate the federal court system. The procedures, rules, and laws can differ significantly.


Appealing a criminal conviction in Colorado is a complex process that requires an in-depth understanding of the state’s legal system. It’s not merely a second chance to present the case but a structured procedure that challenges potential legal errors made during the trial. From understanding the grounds for appeal to navigating the intricacies of appellate courts, every step is crucial.

While the appeal process offers a pathway to challenge and potentially overturn a conviction, it’s also fraught with challenges. Deadlines are stringent, the costs can be prohibitive, and the emotional toll on appellants can be significant. Therefore, having knowledgeable and experienced legal representation is of paramount importance.

Questions About A Colorado Appeal?

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