Colorado Appellate Attorney

For FREE Consultation

How Many Times Can You Appeal A Colorado Conviction?

How Many Times Can You Appeal a Criminal Case in Colorado

In Colorado, the right to appeal a criminal conviction is an opportunity to correct procedural errors made during trial. But how often can one exercise this right? Let’s dive deep into the nuances of the appeal system in Colorado, seeking to answer this crucial question.

Understanding The Basics Of Appeals

An appeal in the legal realm is not a fresh trial or a retrial. Instead, it’s a process where the higher court reviews the proceedings and outcomes of the lower court to ensure legal correctness. In Colorado, individuals who believe they’ve been wrongly convicted or that there were significant errors in their trial process can appeal to the appellate courts. This process gives defendants a chance to seek rectification for perceived injustices.

Grounds For Filing An Appeal

Filing an appeal is more than just being dissatisfied with the court’s decision. There must be legitimate grounds. In Colorado, these can range from judicial errors made during the trial to misinterpretation of the law or possibly misconduct by the jury or prosecution.

Direct Appeal Vs. Post-Conviction Remedies

A direct appeal is one’s first appeal, typically based on what happened in the trial. It targets errors in the trial proceedings or the judge’s rulings. If unsuccessful, one might seek post-conviction remedies based on events outside the trial’s record, such as newly discovered evidence or ineffective assistance from counsel.

The Colorado Appellate Process

The Colorado appeals process is the legal procedure by which a party in a lawsuit requests a formal change to an official decision. Here is a general overview of how the process works:

  1. Notice of Appeal: The first step in the appeals process is filing a notice of appeal. This document, filed by the appellant (the party seeking the appeal), notifies the court and the opposing party that the appellant intends to challenge the lower court’s decision.

  2. Record on Appeal: The record on appeal, which includes all documents and evidence presented in the trial court, is prepared. This record helps the appellate court understand the basis of the lower court’s decision. The appellant is responsible for ensuring that the record is complete and may need to request transcripts of the court proceedings or other relevant documents.

  3. Appellate Briefs: After the record on appeal is prepared, both parties submit written arguments to the appellate court. The appellant’s brief references the legal and factual reasons in the record on appeal why the trial court’s decision should be reversed or modified. The appellee (the party opposing the appeal) then submits a brief arguing why the trial court’s decision should be upheld.

  4. Oral Arguments: In some cases, the appellate court may schedule oral arguments. During oral arguments, attorneys for both parties present their cases and answer questions from the judges. This is an opportunity for the judges to clarify any issues before making a decision.

  5. Decision: After reviewing the record, briefs, and oral arguments (if any), the appellate court will make a decision. The court can affirm the lower court’s decision, reverse it, or remand the case back to the lower court for further proceedings. The appellate court’s decision is typically final, though in certain cases, a party may seek a review by the Colorado Supreme Court.

  6. Colorado Supreme Court: If a party is dissatisfied with the appellate court’s decision, they can petition the Colorado Supreme Court to review the case. The Colorado Supreme Court, however, has discretion over whether to hear the case.

Limitations On Multiple Appeals

In Colorado, the right to appeal isn’t infinite. Generally, a defendant has a right to one direct appeal. Post-conviction remedies, like a motion for a new trial or to vacate the sentence, are limited and often have strict timelines. Each subsequent appeal becomes more challenging, with the burden of proof escalating.

Role Of Legal Representation In Appeals

Given the complexities of the appeal process, having competent legal representation is pivotal. An experienced attorney can identify valid grounds for appeal, prepare a comprehensive brief, and present compelling arguments to the appellate judges.

Common Misconceptions About Appeals

Many believe that an appeal is an opportunity to reargue the case. In reality, appellate courts focus solely on legal errors from the trial, not factual disputes. Another misconception is that appeals are quick; they can be lengthy processes, sometimes taking years to conclude.

Notable Appeal Cases In Colorado

Over the years, Colorado has witnessed several high-profile appeal cases. Some resulted in reversals, while others reaffirmed the initial verdicts. These cases serve as precedents and offer insights into the intricacies of the appellate system.

Impact Of An Unsuccessful Appeal

An unsuccessful appeal can be disheartening. It might lead to the exhaustion of direct appeals, limiting the defendant to post-conviction remedies. It can also have psychological implications, reinforcing the initial sentence or penalties.


  1. What Is The Timeframe For Filing An Appeal In Colorado?
  • Typically, one must file an appeal within 49 days of the final verdict in district court criminal cases, and 35 days for county court criminal cases. It’s vital to consult with an attorney immediately after conviction to ensure deadlines are met.
  1. Is An Appeal A Chance For A New Trial?
  • No, an appeal is not a new trial. It’s a review of the original trial to identify any legal errors that might have affected the outcome.
  1. Who Can File An Appeal In Colorado?
  • The party that loses in a court decision (the defendant in criminal cases) can appeal the decision. The prosecution generally has limited rights to appeal.
  1. What Is The Difference Between A State Appeal And A Federal Appeal?
  • A state appeal challenges a conviction based on violations of state laws or procedures. If unsuccessful at the state level, one might pursue a federal appeal, which addresses violations of U.S. federal laws or constitutional rights.
  1. Can New Evidence Be Introduced During An Appeal?
  • New evidence is not a grounds for a direct appeal. A direct appeal addresses errors made during the trial court proceedings.
  1. If The Court Of Appeals Sides With The Appellant, What Then?
  • The court might reverse the conviction, remand the case back to the trial court for resentencing, or remand the case for a new trial, depending on the identified errors.
  1. How Long Does The Appellate Process Take?
  • The timeline varies. While some appeals might conclude within months, others can take years, especially if the case progresses to higher appellate courts.
  1. Are All Appeal Decisions Final?
  • Not necessarily. One might appeal to the Colorado Supreme Court if unsuccessful in the intermediate appellate court. If unsuccessful there, potential federal remedies might be pursued.
  1. Do All Convicted Individuals Have The Right To Appeal?
  • While most convictions have a direct appeal right, some plea agreements might waive this right. It’s crucial to understand your rights and any agreements made.
  1. Is An Attorney Required For An Appeal?
  • Technically, no. However, given the complexities and nuances of appellate law, having experienced legal representation is highly recommended.


The right to appeal is a cornerstone of the American judicial system, underscoring the understanding that courts, being human institutions, might err. In Colorado, the appeal process offers defendants a structured avenue to challenge their convictions on legal grounds. However, the process is intricate and often laden with misconceptions. It’s not about presenting new evidence or reassuring facts but about pinpointing legal errors that could have influenced the trial’s outcome.

While the right to a direct appeal is generally available, it’s paramount to approach it with a clear understanding and strategy. Each appeal and motion carries its significance and potential to alter the course of one’s life. As one progresses from state to potential federal appeals, the challenges multiply, emphasizing the undeniable value of skilled legal counsel.

Moreover, Colorado’s appeal system underscores a delicate balance – ensuring justice is served while providing avenues to challenge perceived miscarriages. In this balancing act, every individual’s right to a fair trial and subsequent appeal is sacrosanct, reinforcing the foundational ideals of the American justice system.

Scroll to Top