Appeals
An appeal is a request that a higher court review the proceedings of a case. Appeals are granted based on two reasons:
- To determine whether the lower court made any serious error that affected the outcome of the trial
- To determine if the verdict in the trial went against the weight of the evidence
In a criminal case, the defense usually has the right to an appeal. Beginning with the lower level of court in the judicial system, appeals are then made to the next higher court above it in the judicial system:
- Municipal/County Court appeals go to District Court
- Appeals from District Court go to the Court of Appeals
- Appeals from the Court of Appeals go to the Colorado Supreme Court
- Appeals from the Colorado Supreme Court go to the U.S. Supreme Court
Any appeals after the first appeal are termed discretionary appeals, which means that the appellate court may use its discretion in deciding whether or not to hear the appeal.
On occasion, an appeal may result in a verdict being overturned. However, when most cases are appealed, the verdict is simply reversed, meaning the cases are remanded for re-litigation in the lower level court. The defendant will be given a new trial in the lower court. If the defense wins the appeal for a new trial, the defendant is no longer protected by the constitutional right of double jeopardy.
In order for an appeal to go to the U.S. Supreme Court, the appeal usually must concern a matter that falls under federal jurisdiction, such as a violation of constitutional rights. This type of appeal is discretionary, and if the matter does not involve a federal issue, the U.S. Supreme Court will generally not hear the appeal.
See examples of appeals cases Patrick Mulligan has successfully litigated here.
To find out how Patrick Mulligan can help you with your appeal, go here or call (303) 860-8100.
