Colorado Appellate Attorney

For FREE Consultation

Can You Appeal A Jury Verdict In A Criminal Case In Colorado

Can You Appeal a Jury Verdict in a Criminal Case in Colorado

Appealing a jury verdict in a criminal case can be complex and pivotal. Understanding your options and the legal framework in Colorado is essential for anyone facing an unfavorable decision.

In this comprehensive guide, we delve into the intricacies of appealing a jury verdict in a criminal case in Colorado, shedding light on the steps involved, the grounds for appeal, and the overall process.

Understanding The Appeals Process

Appealing a jury verdict requires solid grounds that demonstrate errors in the trial process. It’s essential to pinpoint specific issues that may have affected the case outcome. Some common grounds for appeal in Colorado include:

  1. Legal Errors: If the judge made a legal mistake during the trial, it could be a basis for appeal. This might include improperly admitting evidence or giving incorrect jury instructions.
  2. Ineffective Assistance of Counsel: If your defense attorney’s performance during the trial was significantly deficient, it could be grounds for appeal. This typically involves proving that your attorney’s actions or lack thereof harmed your defense.
  3. Juror Misconduct: If jurors engaged in misconduct, such as discussing the case outside the deliberation room or conducting independent research, it could taint the verdict and be a basis for appeal.

Initiating The Appeal Process

To appeal a jury verdict in Colorado, you must follow a specific legal procedure:

  1. Notice of Appeal: You must file a Notice of Appeal within a designated timeframe, typically within a few weeks after the verdict. This notice informs the court of your intention to appeal.
  2. Appellate Court: The appeal process usually occurs in the Colorado Court of Appeals. The higher court reviews the trial record and considers the arguments presented in your appeal.
  3. Briefs and Oral Argument: Both parties submit written briefs outlining their arguments and legal precedent. Sometimes, an oral argument may be scheduled to present your case in person.

The Appeal Decision

After careful review, the appellate court will issue a decision. This decision can vary, and the court may:

  1. Affirm the Verdict: If the court finds no errors or issues that warrant overturning the verdict, they will affirm the jury’s decision.
  2. Reverse the Verdict: If substantial errors or misconduct are identified, the court may reverse the verdict, leading to a new trial or other legal actions.

Legal Options After A Jury Conviction

Yes, you can appeal a jury verdict in a criminal case if you believe there were legal errors that affected the trial outcome. Here are the legal options available after a jury conviction:

  1. Direct Appeal: This is the most common form of appeal and involves asking a higher court to review the trial court’s decision for legal errors. The appellant (the person filing the appeal) must file a notice of appeal within a period after the conviction, usually 30 days. The appellate court will then review the trial court’s record, including the trial transcripts and evidence, to determine if any legal errors affected the trial outcome.
  2. Motion for a New Trial: This is a request to the trial court to vacate the jury’s verdict and grant a new trial. This motion is typically filed before a direct appeal and is based on new evidence, ineffective assistance of counsel, or other grounds that would justify a new trial.
  3. Post-Conviction Relief: This is a legal remedy that allows a defendant to challenge their conviction or sentence on constitutional grounds, such as ineffective assistance of counsel, prosecutorial misconduct, or other violations of constitutional rights. This type of relief is typically sought after the direct appeal has been exhausted.
  4. Federal Habeas Corpus: This is a legal remedy that allows a defendant to challenge their state court conviction in federal court on constitutional grounds. This is typically a last resort after all other avenues of appeal have been exhausted.


Appealing a jury verdict in a criminal case in Colorado is a complex process that requires a deep understanding of the law and the specific circumstances of your case. While challenging, it’s a crucial mechanism to ensure justice prevails. By identifying valid grounds for appeal and following the proper procedure, individuals can seek a fair outcome even after an unfavorable jury verdict.

Frequently Asked Questions (FAQs)

  1. What happens if I win my appeal?
    • If you win your appeal, the appellate court may reverse the conviction, order a new trial, or modify the sentence.
  2. Can I present new evidence during the appeal process?
    • Generally, no. Appeals focus on whether legal errors occurred during the trial, and new evidence is not typically considered.
  3. What is the timeframe for the appellate court to make a decision?
    • The timeframe can vary significantly depending on the complexity of the case and the court’s schedule.
  4. What if I lose my appeal?
    • If you lose your appeal, you may have the option to petition for a rehearing or appeal to a higher court.
  5. Can I appeal a guilty plea?
    • In some cases, you may be able to appeal a guilty plea, but it is more challenging than appealing a jury verdict.
  6. What is the difference between a direct appeal and post-conviction relief?
    • A direct appeal challenges the verdict based on errors during the trial, while post-conviction relief can be sought for reasons such as new evidence or ineffective assistance of counsel.
  7. Do I have the right to a court-appointed attorney for my appeal?
    • If you cannot afford an attorney, you may be entitled to a court-appointed attorney for your appeal.
  8. Can the prosecution appeal an acquittal?
    • The Double Jeopardy Clause of the Fifth Amendment prohibits the prosecution from appealing an acquittal.
  9. What role do legal precedents play in the appeal process?
    • Legal precedents are significant in appeals as the appellate court relies on previous decisions to guide its judgment.
  10. Can I file an appeal if I represented myself during the trial?
    • Yes, you can file an appeal even if you represent yourself during the trial, but it is strongly recommended to seek legal representation for the appeal process.
Scroll to Top