What is an en banc appeal?
An en banc appeal is a type of criminal appeal in Colorado. This type of appeal is when an appellate court hears a case involving more than three judges. This type of appeal is more common if there is a controversial legal issue at play or if an appeals court believes that the opinion of more than one judge is needed to decide an important legal question. The en banc appeal process begins when an appellate court grants a petition for an en banc hearing. Once granted, the appeal will proceed to the full en banc court. This court consists of all the judges on the appellate court, and they will listen to the arguments of both the appellant and the respondent. During the en banc hearing, the judges will hear the parties present their arguments, which involve discussing relevant case law, legal principles, and other evidence. After the presentation of the sides, the judges will vote on the case, and an opinion is usually issued several months after the en banc hearing. The en banc appeal is an important part of the criminal appeals process in Colorado. It allows appellate courts to discuss legal issues in a more thorough manner than a traditional three-judge panel. It also provides the opportunity for a more diverse set of opinions, as the number of judges hearing the case has increased.
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