In Colorado, how does the standard of review differ between a CRM 7 motion, a Rule 60(b) motion, and an appeal?: The magistrate entered an order with clear errors. I'm trying to decide the best way to proceed.
Antony’s answer: It depends on the ruling being reviewed the court. Legal conclusions are reviewed de novo. Factual findings are reviewed for clear error. And a court's discretion is reviewed for an abuse of discretion. Unpreserved errors are reviewed for plain error.
How many times can the Trial court request extensions to reply to a post-conviction 35 c motion? We are on extension # 2.: My husband is pending an answer from the prosecutor at Trial court for 35 c motion in Colorado Springs, Colorado. EL Paso County. He has been at Bent County Correctional Facility for the past 6 yrs. Do you know if he could he possibly receive a bond at this stage?
Antony’s answer: There are no limitations on how many extensions of time the court can grant itself to issue an order under Crim. P. 35(c). But if the court is taking an excessive amount of time, you should consult with an attorney about filing a petition in the Colorado supreme court for an order to show cause under C.A.R. 21. There may also be other options that an attorney could pursue to obtain a prompt ruling.
Is a District Court Judge’s decision on a Petition for Magistrate Review final? Modification of Child Support: Should I file an appeal? Motion for reconsideration? District Judge stated no evidence was provided but the evidence was clearly there and entered not only with the petition for review but also in the modification hearing. What can be done now?
Antony’s answer: It may be a final appealable order. It depends of whether there is anything left for the court or the parties to do in the case. You should consult with an attorney about the decision and whether it is final and whether there are any appealable issues.