In Colorado, how does the standard of review differ between a CRM 7 motion, a Rule 60(b) motion, and an appeal?
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Answered on April 08, 2024
It depends on the ruling being reviewed the court. Legal conclusions are reviewed de novo. Factual findings are reviewed for clear error. And a...
How many times can the Trial court request extensions to reply to a post-conviction 35 c motion? We are on extension # 2.
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Answered on November 11, 2022
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...
Is a District Court Judge’s decision on a Petition for Magistrate Review final? Modification of Child Support
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Answered on November 11, 2022
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...
What steps should I take to get off my probation?
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Answered on November 11, 2022
You should consult with an attorney about filing a motion for early termination of probation with the court.
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Is there a list of attorneys obtainable to the general public that specialize only in 35(c) motions?
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Answered on June 27, 2016
You could Google "postconviction Colorado" and get a list of law firms and attorneys to contact. Ask the lawyers you contact how many...
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Appeals bond and custody
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Answered on December 18, 2015
If your appeal is from county court to district court, a stay of sentence is mandatory under section 16-2-114(6) and Crim. P. 37(f). See In re:...
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What does a denial of writ of certiorari mean when it comes to a 35c case. Is this the end of the line for me to get off
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Answered on February 21, 2015
You may still have a couple of options. First, you may have a claim of ineffective assistance of postconviction counsel that you could assert in a...
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Sentenced to an 18 month probationary period in gilpin country for a DWAI marijuana charge. Can I receive an early termination?
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Answered on December 10, 2014
Yes, the court has discretion to terminate probation under section 18-1.3-204(4)(a). I had a case recently in which my client was sentenced to...
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In need of a Criminal Defense attorney who has experience with appeals.
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Answered on November 26, 2014
If your case is in county court, the appeal is to district court, and the deadline to file the appeal is 35 days after sentencing.
If your case...
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Will filing motion for 35C waive direct appeals or affect it?
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Answered on May 13, 2014
A petition for postconviction relief pursuant to Crim. P. 35(c) cannot be filed until the direct appeal has concluded. The Court of Appeals has...