Legal Opinion
People v. Baker
Supreme Court of Colorado
Decided January 18, 2005No. 04SA194PublishedCited by 29 opinions
1Opinion of the Court
MULLARKEY, Chief Justice.
In this original proceeding, Bobby Baker, petitioner, seeks a writ of mandamus compelling the court of appeals to accept his direct appeal. We issued a rule to show cause and now make that rule absolute.
The court of appeals abused its discretion when it dismissed Baker's appeal as untimely. Errors by the trial court and Baker's trial counsel, combined with the lack of prejudice to the prosecution in allowing the appeal to proceed, principles of judicial economy and the inadequacy of a Crim. P. 35(c) proceeding as a substitute for a direct appeal constitute good cause…
2Cases cited9 opinions
- Evitts v. LuceySupreme Court of the United States · 1985
- Rodriquez v. United StatesSupreme Court of the United States · 1969
- Farmers Insurance Gr. v. District Court of SEC. JDSupreme Court of Colorado · 1973
- Estep v. PeopleSupreme Court of Colorado · 1988
- Widener v. DISTRICT COURT OF CTY. OF JEFFERSONSupreme Court of Colorado · 1980
4 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- People v. HouserColorado Court of Appeals · 2013
- People v. LacalloColorado Court of Appeals · 2014
- People v. LongColorado Court of Appeals · 2005
- People v. ValdezColorado Court of Appeals · 2007
- People v. ThomasColorado Court of Appeals · 2008
24 more not listed; retrieve them via the Exa API.