Appeals

Appeals

Our Denver Appeals Lawyers Preserve Your Rights

Our firm is determined to achieve fairness in the courts

Founded in 1994, Mulligan Breit, LLC is unique in that we handle only criminal defense, and we do so at each level. We put on a strong defense at trial. Because we are experienced appellate lawyers, we are meticulous about preserving your appealable issues at your trial. This way, we can protect your right to appeal in case judicial errors are made in the courtroom. We are skilled at developing persuasive arguments to present to the appellate courts.

Basics of appellate review

An appeal is not a new trial. The appellate procedure allows different judges than the one who oversaw your trial to review the proceedings. You are not permitted to introduce new evidence or to examine witnesses at this stage.

Appeals are granted based on two reasons:

  1. To determine whether the lower court made any serious error that affected the outcome of the trial
  2. To determine if the verdict in the trial went against the weight of the evidence

Grounds for an appeal

You cannot appeal a verdict just because you do not like the outcome. You must show grounds for your appeal, which could include:

  • Evidence was improperly admitted or excluded at trial.
  • The judge made a sentencing error.
  • The jury engaged in misconduct.
  • The prosecution withheld evidence from the defense.
  • The prosecution acted in a manner adverse to justice.
  • Your trial attorney provided ineffective assistance of counsel.

If we represented you at trial, we were careful to preserve issues for appeal so we are prepared to file your brief in a timely manner. If you were represented by a different lawyer, we urge you to follow up promptly to determine whether you have grounds for an appeal.

The appellate courts

Immediately after your conviction, we begin to prepare your appellate brief to be sent to the court. If we do not prevail at the first appellate stage, we appeal to the next in this order:

  1. Municipal/county court appeals go to district court.
  2. Appeals from district court go to the Court of Appeals.
  3. Appeals from the Court of Appeals go to the Colorado Supreme Court.
  4. Appeals from the Colorado Supreme Court go to the U.S. Supreme Court.

At any level, the court may overturn your conviction or remand your case back to the trial court. The trial judge must make corrections of errors, and the prosecution can decide whether to initiate a new trial. The court may also uphold your conviction. Even if all levels of appeal are exhausted, you can seek post-conviction relief through Rule 35(c) litigation.

File a strong appeal of your conviction

For a thorough analysis of whether you have appealable issues available to you, call Mulligan Breit, LLC at 303.295.1500 or contact our firm online. Because we want to be available to you when you need us, we return calls even after hours. Our office is conveniently located in downtown Denver within walking distance of six courthouses.