Legal Question in Appeals and Writs in Colorado
Filed the appeal; however, the transcript is in-audible
After a misdemeanor conviction, I filed the appeal within the 30 day time frame. Part of the appeal process is that a transcript of the hearing had to be ordered for the district judge who would hear the appeal. I have been informed that the tape of the transcript is in-audible. According to the court recorder, there are 4 microphones in the court room and each record on a separate channel; three of the channels failed to record anything. With no testimony available, what happens next in the appeal process, and what are my options?
1 Answer from Attorneys
Answer: Get the Original conviction thrown out.
You will now see a great bias toward the prosecution, but you can win this fight, if you know how to play. If there is no transcript of proceedings, they are "presumed" to be proper in the absence of any specific claims otherwise. You need to make those specific claims. If you set out those in the Notice of Appeal, you are in luck. If you did not, then you or your attorney need to have good notes or very good memories. If you had no attorney at trial, you should get yourself one. The remedy here is that the original trial be thrown out and a new one be held de novo.
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