Criminal & Administrative Appeals
Whether you are appealing an adverse verdict in a criminal case or requesting review of an administrative decision, expert appellate attorney Lindsey Brown is well-equipped to best position your legal interests for appellate review. She has argued before the Colorado Supreme Court and the Colorado Court of Appeals and is adept at legal analysis, strategy, and issue identification across a wide range of disciplines and substantive legal issues.
In general, an appeal is when a party to a case asks a higher court to review a decision made by a lower court or quasi-judicial body (like a school). The party filing the appeal is called the appellant or petitioner, while the other party is the appellee or respondent. For felony criminal cases in state court every defendant is entitled to a direct appeal, also known as an “appeal as of right.” In certain circumstances, such as in federal criminal cases, the appealing party must have some legal basis for the appeal—like that the judge improperly applied the law or that a mistake was made in the proceedings—not just that they didn’t like the judgment or decision of the lower court.
The importance of a well-crafted appellate brief cannot be exaggerated. Appellate briefs receive greater judicial scrutiny than written materials prepared in the trial court because they are reviewed by a panel of judges, rather than a single judge, along with those judges’ larger legal staff, under comparatively less time pressure than exists in the trial court. As one appellate court has explained, appellate work is “most assuredly not the recycling of trial level points and authorities” but instead “entails rigorous original work in its own right” and “offers counsel probably their best opportunity to craft work of original, professional, and, on occasion, literary value.” In re Marriage of Shaban, 88 Cal. App. 4th 398, 408-10 (2001).
In formulating the issues on appeal, an appellate lawyer conducts thorough legal research; analyzes the legal issues in light of the rule-making and policy considerations that shape the development of law; and then presents the facts and those issues and arguments selected for appeal concisely in a persuasive appellate brief. Effective appellate advocacy demands a formulation of the issues that is focused on what is important to a panel of appellate judges deciding the case. Only an experienced appellate attorney has the insight and skills to advocate effectively in this highly-nuanced and important field.
The following are the stages of a felony “direct appeal” filed in the Colorado Court of Appeals:
- Stage One: Perfecting the Appeal – this usually involved filing a Notice of Appeal and required attachments and a Designation of Transcripts.
- Stage Two: Briefing – a direct appeal consists of two principal briefs, the Opening Brief and Answer Brief, and one optional brief, the Reply Brief.
- Stage Three: Oral Argument – oral argument is optional and granted in the discretion of the court of appeals.
- Stage Four: The Opinion – after oral argument, or after the deadline has passed to file the Reply Brief, the case will stand submitted for a decision. In appellate courts, that decision comes in the form of a written “Opinion.” There is no deadline for the court of appeals to reach a decision. Factors like caseload, an individual judge’s pace, and a global pandemic can all play a part in how long it takes to receive your Opinion.
There is no denying that winning a criminal appeal is an uphill battle. But working with an experienced appellate attorney can help you navigate the numerous substantive and procedural landmines that could derail your chances of persuading the court of appeals to grant you relief. Contact the seasoned appellate attorney at Brown Education Law Group next time you need help litigating a felony direct appeal in Colorado.
