Interlocutory Appeal - Extraordinary Relief
C.A.R. 21 relief is “extraordinary”. The type of relief only available “when an appellate remedy would be inadequate, when a party may otherwise suffer irreparable harm, [or] when a petition raises issues of significant public importance that we have not yet considered.” People v. Kilgore, 2020 CO 6, ¶ 8, 455 P.3d 746, 748.
Perhaps it’s the extraordinary relief, often dispositive, that draws 2nd-Chair to this type of work. Or the urgency of the C.A.R. 21 issue, often arising unexpectedly, in the middle of trial preparation, or with quick turn-around that makes this work fulfilling. Regardless, of the why, 2nd-Chair is here to help you with your CAR 21 brief.
Common Areas Ripe for Original Proceeding
- Denial of a motion to dismiss on speedy trial grounds.
- Denial of a motion to dismiss for double jeopardy.
- Denial of a motion dismiss for bar under statute of limitations.
- Denial of a motion to recuse the trial judge.
- Finding of probable cause at the preliminary hearing, especially when the presentation of evidence consists mostly of hearsay.
Expectations Set
Relief is extraordinary and completely discretionary. It is important for the defendant and hiring attorney to know that the C.A.R. 21 is a rare victory, often denied surprisingly quickly. However, as a client recently pointed out often with such high stakes and significant potential remedy “the juice is worth the squeeze.”
Required Documents
- The order from which relief is sought;
- Documents and exhibits for complete understanding of the issues presented;
- Transcript of the proceeding leading to the underlying issue.
Notice and Response
The interlocutory appeal is not a secret briefing with the Colorado Supreme Court. The trial court and the prosecuting attorney are both properly noticed of the filing.
There is no expectation of prosecutorial response without order from the Colorado Supreme Court.
Stay
The filing of the C.A.R. 21 does not stay the proceedings. Only if the petition is granted will the trial court proceedings be stayed. The petitioner may file a request for stay with the lower court pending the Court’s determination to issue a rule to show cause. If this is impracticable, not ruled on or is denied, a separate motion for stay can be filed with the supreme court.
Oral Argument
There is no expectation of oral argument without order from the Colorado Supreme Court.