By Tillman Clark, Colorado criminal appeals and postconviction attorney. Last reviewed October 2026.
Direct criminal appeals decided by the Colorado Court of Appeals in fiscal year 2024 averaged 842 days from notice of appeal to opinion, about two years and four months, according to the Colorado Judicial Branch. The court's own guide says one to three years. Most of that time passes before the judges ever see the case.
What are the stages, and how long does each one take?
Here is how those 842 days broke down in fiscal year 2024 (averages of past cases, not a prediction for any one case):
Notice of appeal to the record being filed: record due 63 days after the notice; often extended. FY2024 average: 134 days.
Record filed to all briefs filed: opening brief 42 days, answer 35 days, reply 21 days; extensions are common. FY2024 average: 509 days.
Briefs filed to assignment to a three-judge panel: no deadline. FY2024 average: 144 days.
Assignment to decision: no deadline. FY2024 average: 34 days.
Total, notice of appeal to decision: FY2024 average: 842 days.
Decision to the case returning to the trial court (mandate): FY2024 average: 77 days.
Source: Colorado Judicial Branch, FY2024 Annual Statistical Report, Court of Appeals case processing. The FY2023 average was 1,077 days.
Why does it take so long?
Most of the wait is the record and the briefs. A multi-week felony trial produces thousands of pages of transcript, and court reporters often need extensions to prepare them. Then each side writes its brief, and extensions are routine on both sides.
The court also has a backlog. At the end of fiscal year 2024, 968 direct criminal appeals were pending, and 790 of them were still in the record or briefing stage.
Does the sentence pause during the appeal?
No. The sentence starts right away. A prison sentence can be paused for at most 63 days after the notice of appeal unless the judge grants bond, and Colorado law bars bond pending appeal after murder, crimes of violence, felonies with a firearm and the most serious sex offenses. Time served while the appeal is pending counts toward the sentence. Read about bond pending appeal.
Why haven't we heard anything?
Silence is normal, and it doesn't mean something went wrong. For most of the appeal, nothing public happens: the transcripts are being prepared, then the briefs are being written. The judges usually haven't been assigned the case yet.
The quiet stretch is when the real work happens. I read the full record in order, build a list of every possible issue with notes on whether it was preserved at trial, and decide which issues to raise and which belong in a later Rule 35(c) motion. The opening brief comes out of that work. When the state files its answer, I write the reply.
What can the family do while waiting?
Use the time to prepare for what comes after the appeal. If you think the trial lawyer made mistakes, those claims usually go in a Rule 35(c) motion once the appeal ends, and the best evidence fades with time.
Write down what you think went wrong at trial, while it's fresh.
Save every email, text and letter from the trial lawyer, and note dates of calls and visits.
List every witness the lawyer never contacted, with contact information and what they would say.
Ask the trial lawyer for the client's file now, while it's easy to get.
What happens after the Court of Appeals decides?
The losing side can ask the court to reconsider within 14 days (a petition for rehearing). Either side can ask the Colorado Supreme Court to review the case within 42 days, or 28 days after a rehearing petition is denied. The Supreme Court takes very few cases: it granted about six percent of petitions in fiscal year 2025. Colorado Supreme Court petitions.
When the appeal is finished, the case returns to the trial court, and the clock for a Rule 35(c) motion starts.
How long does a Rule 35(c) motion take?
In my experience, getting to a hearing frequently takes a year or more after filing. The hearing itself usually takes a day or two, and the judge rules weeks or months later. If either side appeals that ruling, appeals from Rule 35 rulings averaged 640 days in fiscal year 2024. Rule 35(c) proceedings.
How I handle these cases
I'm a solo Colorado lawyer, and appeals and postconviction cases are all I do. I spent seven years as a trial lawyer before that. I personally handle every case: I read every page of the record and write every brief myself. In the first conversation, I'll tell you the weaknesses in the case, not just the strengths.
Common questions
How long does a criminal appeal take in Colorado?
Direct criminal appeals decided in fiscal year 2024 averaged 842 days from notice of appeal to decision, according to the Colorado Judicial Branch. The court's own guide says one to three years.
How long after the briefs are filed does the Court of Appeals decide?
The court's Felony Criminal Appeal Quick Guide says a decision usually comes four to seven months after the last brief is filed.
Does a sentence start if you appeal?
Yes. A prison sentence can be paused for at most 63 days after the notice of appeal unless bond is granted, and bond is not allowed after many serious felonies.
Learn more: direct appeals.
Talk with Tillman
Consultations are free, and you will speak with me, not with staff. Call 720-507-5814 or send me a message.
This page is general information about Colorado criminal procedure and is not legal advice about any particular case. Rules, statutes and deadlines change; confirm current requirements with a lawyer about your specific situation. Attorney advertising. Prior results do not guarantee a similar outcome.
