Legal Question in Appeals and Writs in Colorado

Objection to the record on appeal - retrial ?

I was the defendant and lost a misdameanor restraining order violation case. I filed the appeal. The transcript of the original case was inaudable. I filed an objection to the record. According to the letter I received from the clerk of the court, if there is an objection to the preperation of the record the case has to go back before a judge to settle the objection so that the case can proceed. Does this mean that since the objection cant be resolved that we have to go back to a retrial? (I claimed that without the transcript I couldnt receive a fair and impartial review because I presented evidence at the original hearing that proved my innocence, however it was ruled inadmissable). What happens next?


Asked on 4/02/04, 1:16 am

1 Answer from Attorneys
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Objection to the record on appeal - retrial ?

The mere unavailability of a transcript of trial does not automically mean the case against the defendant can be dismissed. You have to present a question and show it to require a complete record to be resolved. Then the case can result in a new trial. -dan [email protected]

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Answered on 4/02/04, 12:58 pm


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