Legal Question in Appeals and Writs in Colorado

Unable to complete the record for the appeals court

I filed an appeal to a misdameanor conviction for which the transcript was unavailable due to the court recorder not working. I filed an objection to the record within the 10 days of notification. I now have to go back before the judge who tried the case to settle the issue of the record. What normally happens at this hearing, and what do I need to do to have the court consider a retrial?


Asked on 5/23/04, 2:17 pm

1 Answer from Attorneys
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Unable to complete the record for the appeals court

In order to have the court order a new trial, you have to show two things: the transcript is unavailable (easy to do here)AND that you are prejudiced (harmed) by the lack of a transcript because the court made an improper ruling that needs to be reviewed. In other words, the Court will assume the trial court's rulings were proper absent specific allegations to the contrary. Just because the transcript cannot be had does not, by itself, mandate a new trial. You just need to cite a specific ruling that needs to be reviewed. Then you should get a new trial. If the trial court denies a new trial, you need to appeal that ruling. Good luck with the trial court. If it denies a new trial, get some help.

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Answered on 5/23/04, 5:37 pm


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