At Brownstone Law, we specialize in navigating the complexities of appellate litigation, offering expert representation in both civil and criminal appeals. Our seasoned attorneys are dedicated to guiding clients through the intricacies of the appellate process, ensuring that every case is meticulously prepared and presented.
Understanding the Colorado Court of Appeals
The Colorado Court of Appeals serves as the state’s intermediate appellate court, reviewing decisions from lower courts to ensure the correct application of law. Comprising 22 judges, the court addresses a diverse range of cases, including civil, criminal, and administrative matters. Its primary function is to provide thorough and timely resolutions to appeals, maintaining the integrity of Colorado’s judicial system.
Caseload and Statistics
In recent years, the Colorado Court of Appeals has managed a substantial caseload. For instance, in the fiscal year 2024, the court handled numerous filings across various case types. Detailed statistics on filings, terminations, and opinions are available in the FY2024 Annual Statistical Report.
Colorado Rules of Appellate Procedure
The appellate process in Colorado is governed by the Colorado Appellate Rules (CAR), which outline the procedures for appealing a case. These rules cover essential aspects such as filing deadlines, brief requirements, and oral arguments. Adherence to these rules is crucial for the successful progression of an appeal. The complete set of rules can be accessed through the Colorado Judicial Branch.
Process for Appealing to the Colorado Court of Appeals
- Notice of Appeal: Initiate the process by filing a notice of appeal with the clerk of the trial court within the specified timeframe after the judgment or order.
- Record on Appeal: Assemble the trial court record, including transcripts and relevant documents, to be reviewed by the appellate court.
- Briefs: The appellant submits a written brief outlining legal arguments and errors alleged in the trial court’s decision. The appellee may respond with their brief, and the appellant can file a reply brief if necessary.
- Oral Argument: In some cases, the court may schedule oral arguments, allowing attorneys to present their positions and answer judges’ questions.
- Decision: After reviewing the materials and arguments, the court will issue a written opinion, affirming, reversing, or remanding the case.
Structure of the Colorado Appellate Courts
- Colorado Court of Appeals: This intermediate appellate court consists of multiple divisions, each typically comprising three judges. Cases are assigned to panels randomly, ensuring impartiality and a diverse range of judicial perspectives.
- Colorado Supreme Court: As the state’s highest court, it has discretionary jurisdiction over appeals from the Court of Appeals and direct jurisdiction in specific cases, such as those involving constitutional questions. The court consists of seven justices who collectively decide which cases to review.
Contact Information
Colorado Court of Appeals
- Address: 2 East 14th Avenue, Denver, CO 80203
- Phone: (720) 625-5000
- Website: Colorado Court of Appeals
- Hours of Operation: Monday to Friday, 8:00 AM – 5:00 PM
- Coordinates: 39.7376° N, 104.9847° W
Colorado Supreme Court
- Address: 2 East 14th Avenue, Denver, CO 80203
- Phone: (720) 625-5000
- Website: Colorado Supreme Court
- Hours of Operation: Monday to Friday, 8:00 AM – 5:00 PM
- Coordinates: 39.7376° N, 104.9847° W
High-Profile Cases in the California Court of Appeals
Colorado’s appellate courts have presided over numerous high-profile cases that have significantly influenced legal discourse both within the state and nationally. Here are some notable appellate cases from Colorado:
1. Masterpiece Cakeshop v. Colorado Civil Rights Commission (2018)
This landmark case involved a bakery that refused to create a wedding cake for a same-sex couple, citing religious beliefs. The Colorado Civil Rights Commission found this to be discriminatory, a decision upheld by the Colorado Court of Appeals. However, the U.S. Supreme Court reversed the decision, ruling that the Commission had demonstrated religious hostility, thus violating the First Amendment.
2. 303 Creative LLC v. Elenis (2023)
In this case, a website designer challenged Colorado’s Anti-Discrimination Act, arguing that being compelled to create websites for same-sex weddings violated her free speech rights. The U.S. Supreme Court sided with the designer, stating that the First Amendment prohibits Colorado from forcing an individual to create expressive content that conflicts with their beliefs.
3. Anderson v. Griswold (2023)
The Colorado Supreme Court ruled that former President Donald Trump was ineligible to appear on the state’s presidential primary ballot under the U.S. Constitution’s insurrection clause. This unprecedented decision marked the first application of Section 3 of the 14th Amendment to disqualify a presidential candidate. The U.S. Supreme Court later reversed this decision, stating that only Congress has the authority to determine eligibility for federal office under this provision.
4. Counterman v. Colorado (2023)
This case addressed the boundaries between free speech and true threats. Billy Counterman was convicted of stalking after sending numerous unsolicited messages that were perceived as threatening. The U.S. Supreme Court held that, to convict someone of making true threats, the state must prove that the defendant had some subjective understanding of the threatening nature of their statements, establishing a recklessness standard.
5. Nelson v. Colorado (2017)
Shannon Nelson and Louis Madden sought refunds of monetary penalties after their convictions were overturned. The Colorado Supreme Court denied their claims, but the U.S. Supreme Court reversed this decision, ruling that retaining such funds violated the Due Process Clause of the Fourteenth Amendment.
These cases underscore the dynamic and impactful nature of appellate litigation in Colorado, reflecting the state’s pivotal role in shaping broader legal principles.
Brownstone Law: Your Appellate Advocates
At Brownstone Law, we are committed to providing exceptional appellate representation. Our experienced attorneys are well-versed in the nuances of appellate courts and are prepared to advocate for your interests effectively. For more information or to discuss your case, visit our website or contact us directly.
