Bradford Publishing | Colorado Appellate Advocacy Deskbook

Colorado Appellate Advocacy Deskbook is a comprehensive reference guide that takes appellate advocates beyond the Colorado Appellate Rules, delving into the substantial body of case law that interprets and explains them. In providing a thorough discussion of the case law, the book gives attorneys a factual context to accompany the appellate procedural requirements. Practitioners will learn to avoid procedural pitfalls that can prevent a successful appeal on the merits, and will be able to consider and deal creatively with objections that may preclude appellate relief.

The wide variety of topics discussed includes civil and criminal appeals; the internal procedures of the Colorado Court of Appeals and the Colorado Supreme Court for ruling on motions and deciding cases; appeals directly to the Court of Appeals from administrative agencies, including the Industrial Claim Appeals Office; the Supreme Court’s certiorari and Rule 21 jurisdiction; and appeals from county courts to district courts. In addition, appellate advocates will gain numerous tips and techniques for effective brief writing and oral argument.

This book will guide attorneys through the complexities of Colorado appellate practice and procedure, and will help both frequent and occasional appellate advocates protect their issues on appeal. Colorado Appellate Advocacy Deskbook includes the annotated Colorado Appellate Rules, as well as current case law with detailed discussion, expert analysis, and sample forms.

Special Note About Donation of Royalties:
All of the author's royalties from the sale of this book are contributed to the Asia Pacific Development Center, which helps Asian and Pacific Islander immigrants adjust to their new lives in America.

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Ch 1: Civil Appeal Timetable and Rules for Computation and Extension of Time
Appellate Motions, Computation of Time

Ch 2: What to Do When the Trial Court Enters a Final Judgment
Ethics, Stays of Execution and Bonds, Post-Trial Motions for Costs and Fees, Costs Against a Governmental Entity

Ch 3: Rule 59 Post-Trial Motions
Procedure, Successive Motions, Standards for Ruling on Rule 59 Motions, Relationship Between Rules 59 and 60

Ch 4: Impediments to Appeal
Standing, Mootness, Ripeness, Rules of Decision Making by Appellate Courts, Precedential Effect of Decisions

Ch 5: Preservation of Error
Anticipating an Appeal, Contemporaneous Objection Rule, Motions in Limine, Continuing Objections, Offers of Proof, Instructional Error, Plain Error, Invited Error

Ch 6: Standards of Appellate Review in Civil Cases
Harmless Error, De Novo Review, Factual Determinations by Trial Court, Questions of Fact Determined by Jury, Abuse of Discretion

Ch 7: Colorado Court of Appeals
Announcements, Selection and Retention of Judges, Petitions for Rehearing, Motions Practice

Ch 8: Civil Appeals to the Court of Appeals from Final Judgments of District Courts
Notice to Attorney General, Cost Bonds, Stays of Execution and Supersedeas Bonds, Notice of Appeal: Content, Filing, and Timing, Record on Appeal, Trial Court Jurisdiction After Notice of Appeal
FORMS

Ch 9: Court of Appeals' Jurisdiction over District Courts' Orders and Judgments
Statutory Jurisdiction, Final Judgments of District Courts, Decisions of District Court Magistrates

Ch 10: Rule 54(b) Certifications
Certification Requirements, Examples of Certifications

Ch 11: Other Jurisdiction of the Court of Appeals
Declaring Supreme Court Rules Unconstitutional, Grant or Denial of Preliminary Injunction, Receivership Orders, Governmental Immunity Cases, Appeals Under Arbitration Acts, Denial of Class Certification, Certain Family Law Cases, Colorado Probate Code, Juvenile Magistrates

Ch 12: Post-Decisional Issues
Costs and Fees, Sanctions, Appellate Interest, Mandates and Orders of Remand
FORMS

Ch 13: Appeals in Criminal Cases
Appeals by Defendant, Appeals by the People, Other Appealable Final Judgments
FORMS

Ch 14: Administrative Appeals
Quasi-Judicial and Quasi-Legislative Decisions, Standards for Judicial Review, Judicial Review of Sanctions and Penalties, Exhaustion of Remedies, Appeals from Rule-Making Decisions, Review Under Rule 106(a)(4)

Ch 15: Appeals to and From Industrial Claim Appeals Office
Workers’ Compensation Appeals, Orders That Dismiss Petitions to Review, Medical Utilization Review Orders, Interlocutory Orders, Briefs, Supplemental and Corrected Orders, Standard of Review, Panel Decisions, Sanctions, Petitions for Rehearing and Certiorari
FORMS

Ch 16: The Supreme Court
Jurisdictional Screening, Internal Organization and Decision-Making Process, Plurality Votes and Decisions of Evenly Divided Court, Supreme Court Mandate, Rule of Necessity

Ch 17: Certiorari
Petition and Cross-Petition, Petition for Certiorari Granted, Consolidation, Certiorari Granted and Then Dismissed as Improvidently Granted, Appellate Rule 50 Petitions
FORMS

Ch 18: Other Appellate Jurisdiction of Supreme Court
Unconstitutional Statutes or Ordinances, Decisions of Public Utilities Commission, Judgments of Water Courts, Habeas Corpus Actions, Appeals by the People in Criminal Cases, Appeals from Decisions of State Title Board, Appeals Under Election Statutes, Discipline of Attorneys and Judges, Transfer of Jurisdiction

Ch 19: Original Jurisdiction Under Appellate Rule 21
Criteria for Relief, Procedure, Denial of Petition Has No Legal Significance
FORMS

Ch 20: Briefs
Format, Length, Order of Sections, Number of Copies, Appendices to Briefs, Appellant’s Opening Brief, Statement of the Case, Summary of Argument, Answer and Reply Briefs, Cross-Appeals, Amici Curiae and Amicus Briefs, Archived Flat Files
FORMS

Ch 21: Oral Argument
Requesting Oral Argument, Divided Argument, Protocols
FORMS

Ch 22: Appeals from County and Municipal Courts to District Courts
County Court Judgments in Civil Cases, County Court Criminal Appeals, Interlocutory Appeals in Criminal Cases, Appeals Under Rule 106, Appeals from Decisions of Municipal Courts

Ralph Ogden graduated magna cum laude from the Indiana University School of Law at Indianapolis in 1978. He served as the reporter for the Indiana Juvenile Justice Commission, which rewrote Indiana’s juvenile code and redesigned its juvenile justice system. He also served as special counsel to an interim legislative study committee on for the adoption and paternity laws. He later worked as Publications Coordinator for the Indiana Judicial Center.

While in private practice in Indiana, many of his appeals in both civil and criminal law set important precedent in that state. The holdings of two of his cases were later adopted as federal constitutional law by the United States Supreme Court. He also served as an expert on appellate advocacy for the Indiana State Public Defender’s Office, and testified as to the competency of appellate counsel in two death penalty cases.

Since moving to Colorado in 1982, he and his wife Anne Wilcox have practiced together as Wilcox & Ogden, P.C. His practice has emphasized motions and appeals in personal injury, workers’ compensation, and commercial law cases. He has an AV rating in the Martindale-Hubble Lawyers’ Directory and has briefed and argued over 200 appeals in Indiana, Colorado, Alabama, Iowa, and four federal circuit courts of appeal. Over 120 of these cases have resulted in published opinions. He has served as editor of the workers’ compensation column of the Colorado Lawyer since 1993 and as chair of the Amicus Curiae Committee of the Colorado Trial Lawyers Association.

Ralph is also active in the community. He has served as vice-president of the Lao-Hmong American Coalition and as an appointed member of the Denver Public Schools Arts Advisory Council. He has also been a volunteer assistant baseball coach at Denver South High School for the last six years. Internationally, he has worked for the Asia Foundation in Cambodia, The Carter Center in Guyana, as a war crimes investigator for the American Bar Association Central and Eastern European Law Initiative in Kosovo, and more recently, as a United States Agency for International Development sub-contractor consultant to the Supreme Court of Afghanistan on matters of judicial structure and court organization at the trial and appellate levels.
He keeps busy by playing in several adult baseball leagues and, with his daughter, taking care of 50 or so beehives on an organic vegetable farm in Brighton.

All of the author’s proceeds from the sale of this book have been contributed to the Asia Pacific Development Center, which assists Asian and Pacific Islander immigrants adjust to their new lives in America.

Format: Loose-leaf Binder with CD
Copyright: 2007
Pages: 738
ISBN: 978-1-932779-35-6
Publisher: Bradford Publishing Co.

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Colorado Appellate Advocacy Deskbook