What is the burden of proof in a criminal appeal?

In a criminal appeal in Colorado, the burden of proof lies with the appellant. In other words, the appellant must prove that there is a legal error that occurred during the original trial and the error must be significant enough to change the outcome of the trial. The standard of proof that is used to demonstrate this error is known as the “preponderance of evidence” standard. This means that the appellant must prove that it is more likely than not that an error occurred during the original trial. In addition, the appellant must also prove that the error was material to the outcome of the trial. In order to prove a legal error, the appellant must provide evidence that the judge did not properly consider or understand certain evidence, that the judge abused their discretion, or that the judge failed to apply the law correctly. In some cases, the appellant may also argue that the jury’s verdict was unreasonable. It is important to note that in order to convince the appeals court to overturn a conviction, the appellant must prove that the error was substantial enough to make a difference in the verdict, and that the error would not have happened had the judge or jury properly considered all of the evidence.

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