By Tillman Clark, Colorado criminal appeals and postconviction attorney. Last reviewed October 2026.
Yes, but rarely in one step, and "overturned" usually means a new trial, not release. A Colorado homicide conviction can be challenged through several separate steps, each with its own deadline: the direct appeal, a petition to the Colorado Supreme Court, and a Rule 35(c) motion. For a class 1 felony like first-degree murder, there is no deadline for a Rule 35(c) motion.
What does "overturned" mean?
Usually, it means the conviction is reversed and the case goes back for a new trial. The prosecution can try the case again. Only when a court finds the evidence was legally insufficient does a reversal end the case, because the Constitution bars a second trial for the same offense.
Sometimes the win is narrower: a new sentencing hearing, one count reversed while others stand, or a reduced charge reached by negotiation.
How many chances does he get?
There are three main steps, in order:
The direct appeal to the Colorado Court of Appeals. One appeal, decided on the trial record. The notice is due 49 days after sentencing.
A petition to the Colorado Supreme Court, due 42 days after the Court of Appeals decides (28 days after a rehearing petition is denied). The court chooses which cases to hear; it granted about six percent of 767 petitions in fiscal year 2025.
A Rule 35(c) motion in the trial court, where claims about the trial lawyer and evidence the jury never heard can be raised, with a hearing. You generally get one.
A federal habeas corpus petition can come after that, in federal court. It has its own strict deadlines and rules.
How long do we have?
The notice of appeal is due 49 days after sentencing, and that deadline is strict. For a Rule 35(c) motion, Colorado has no time limit for class 1 felonies, which includes first-degree murder. For other felonies, like second-degree murder or attempted murder, the limit is three years, counted from when the appeal ends. If you're not sure which applies, find out now.
Can he get out while the appeal is pending?
No. Colorado law does not allow bond pending appeal after a murder conviction, a crime of violence, or any felony involving a firearm. The sentence starts right away. Read about bond pending appeal.
Can it get worse?
If an appeal succeeds on some counts and the case is resentenced, a longer total sentence than the original raises a presumption of vindictiveness. The judge can, however, rearrange the remaining sentences within the original total. The real risk of a win is a retrial, which can end in another conviction.
What do the numbers say?
Colorado publishes no reversal rate. Nationally, the U.S. Bureau of Justice Statistics found that murder was the most-appealed offense in 2010, and 17% of murder appeals decided on the merits were reversed in some part. That 17% includes partial and sentencing relief. It does not mean 17% of people convicted of murder went home, and it isn't anyone's individual odds. Do criminal appeals usually win?
How long does this take?
Direct criminal appeals decided in fiscal year 2024 averaged 842 days from notice of appeal to decision, according to the Colorado Judicial Branch. Homicide trials usually produce long records, and a long record adds time. How long a Colorado appeal takes.
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.
A homicide appeal isn't a longer version of an ordinary appeal. The record often runs thousands of pages, with forensic and expert testimony, and I read all of it in order before deciding what to raise. One example from my Results page: a 48-year attempted-murder sentence reduced to 30 years after a postconviction petition showing that trial and appellate counsel were ineffective, resolved by negotiation and resentencing on a lower charge. Prior results do not guarantee a similar outcome.
Common questions
How many appeals do you get for a murder conviction?
One direct appeal to the Court of Appeals, a petition asking the Colorado Supreme Court to review it, and generally one Rule 35(c) motion in the trial court. Federal habeas corpus can come after.
What percentage of murder appeals are successful?
Colorado publishes no figure. Nationally, in 2010, 17% of murder appeals decided on the merits were reversed in some part, including partial and sentencing relief.
Is there a deadline to challenge a first-degree murder conviction in Colorado?
The notice of appeal is due 49 days after sentencing. For a Rule 35(c) motion, there is no time limit for class 1 felonies, including first-degree murder.
Learn more: serious felony and homicide appeals, direct appeals, Rule 35(c), and Colorado Supreme Court petitions.
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.
