The Appellate Discipline Matters
Trial lawyers and appellate lawyers read the record with different eyes. A good appellate advocate finds the one or two issues with the highest likelihood of reversal, develops them clearly, and frames them so that an appellate panel — reading hundreds of briefs a year — remembers yours. That discipline is what Daniel brings to every appeal.
Appellate Services
- Direct Appeals — Colorado Court of Appeals, Colorado Supreme Court, federal Tenth Circuit
- Interlocutory Appeals — suppression orders under C.A.R. 4.1
- Rule 35(b) Motions — sentence reconsideration
- Petitions for Certiorari to the Colorado Supreme Court
- Amicus Curiae Briefing
Timeline Essentials
- 49 days from entry of final judgment to file a Notice of Appeal in most felony criminal cases (C.A.R. 4(b)).
- 35 days from entry of final judgment to file a Notice of Appeal in most misdemeanor cases (C.R.C.P. 37).
- 14 days from certain interlocutory orders (e.g., suppression rulings) under C.A.R. 4.1.
- 126 days from sentence to file a reconsideration of sentence pursuant to Rule 35(b)
- 3 years from conviction for most Rule 35(c) post-conviction claims (longer for felonies with a life sentence).
Representative Experience
- Published Colorado appellate opinions shaping criminal law
- Oral argument before the Colorado Supreme Court
- Reversal of convictions through direct and collateral review
Frequently Asked Questions
Is it too late if my trial was years ago?
Maybe. Appeals Courts adhere strictly to filing deadlines. There are some exceptions, but courts typically do not like to apply them and will only do so when required. A case-specific review accounting for each case's facts and circumstances is the only way to know.
Can I introduce new evidence on appeal?
Not on direct appeal — the appellate court reviews the trial record only. Newly discovered evidence is raised by motion under Rule 35(c), where the trial court can hold an evidentiary hearing.
What is the likelihood of winning?
Reversal rates vary widely by case type, issue preservation, and record strength. After a free review of the trial transcript and the claimed errors, Daniel gives an honest assessment — including when an appeal is unlikely to succeed.