DISTRICT COURT, ADAMS COUNTY, STATE OF COLORADO
1100 Judicial Center Drive
Brighton, CO 80601
Phone Number: (303) 659-1161
Appeal from the Thornton Municipal Court,
Case No. 02CR6386, The Hon. Mary J. Dulacki
Plaintiff - Appellee:
THE PEOPLE OF THE STATE OF COLORADO ex rel. THE CITY OF THORNTON
? COURT USE ONLY ?
Defendant - Appellant:
RICHARD E. STANLEY
Case Number: 03CV3933
THE REISCH LAW FIRM, LLC
R. Scott Reisch
370 Seventeenth Street, Suite 4970 Div.: H Ctrm.: 505
Denver, CO 80202
Telephone: (303) 291-0555
FAX Number: (720) 904-5797
E-mail: rscottreisch@worldnet.att.net
Atty. Reg. No.: 26892
APPELLANT'S MOTION FOR DE NOVO REVIEW
COMES NOW the defendant - appellant, Richard E. Stanley (hereinafter
"defendant"), by and through his attorneys, the Reisch Law Firm, LLC, and hereby
files this Motion for De Novo Review.
IN SUPPORT THEREOF, defendant states as follows:
1. On December 29, 2003, defendant filed a timely notice of appeal in the
Thornton Municipal Court, appealing the Thornton Municipal Court's denial of his
motion for post-conviction relief. The same day, defendant docketed the appeal
with the Adams County District Court, which is the current case pending before
this court (03CV3933).
2. Defendant filed a timely designation of the record on appeal, requesting
the Clerk of the Thornton Municipal Court to prepare and certify to the Adams
County District Court a record on appeal containing:
A. all original pleadings, documents, and Court orders filed in the
Thornton Municipal Court;
B. all exhibits tendered at the hearing on December 18, 2003, whether or
not they were admitted;
C. transcript of the hearing on December 18, 2003; and
D. a complete register of actions of the proceedings in the
Thornton Municipal Court.
3. On January 21, 2004, the Clerk of the Thornton Municipal Court
issued a notice to defendant that the record on appeal had been completed and
that it would be transmitted to the Adams County District Court unless
objections to the certification of the record on appeal were filed within ten
days. See Exhibit A (Notice of Completion of Record)
4. On January 28, 2004, defendant filed an objection to the
certification of the record on appeal, based on the fact that transcript of the
hearing on defendant's postconviction motion was incomplete. Apparently only
the second half of the motions hearing was successfully recorded. See Exhibit B
(Objection to the Record and Motion to Include the Parties' "Joint Stipulation
as to Record" as Part of the Certified Record).
5. In the Objection, defendant explained the entire first half of the oral
argument was absent form the transcript provided by the Clerk of the Thornton
Municipal Court. The parties prepared and filed with the Thornton Municipal
Court a Joint Stipulation as to Record," stipulating to the extent they were
able, as to what transpired during the unrecorded portion of the hearing. See
Exhibit C ("Joint Stipulation as to Record"). Defendant filed a motion with the
Thornton Municipal Court, requesting that the parties' Joint Stipulation as to
the Record be included in the record which was to be certified to the Adams
County District Court. See Exhibit B.
6. The Thornton Municipal Court has either failed to, or refused to,
certify any part of the record on appeal to this Court.
7. This Court has jurisdiction over defendant's appeal, pursuant to Rule
237(b) of the Colorado Municipal Court Rules of Procedure, which provides that
all "appeals from courts of record shall be in accordance with Rule 37 of the
Colorado Rules of Criminal Procedure."
8. The Thornton Municipal Court is a court of record. See Thornton Muni.
Code § 6.1. Accordingly, all appeals to the District Court are governed by
Colo. R. Crim. P. 37.
9. Pursuant to Crim. P. 37(g), "if for any reason an adequate record cannot
be certified to the district court the case shall be tried de novo in that
court."
10. Given that the Thornton Municipal Court has either failed to or refused
to certify an adequate record to the district court, defendant respectfully
requests that this court review de novo his November 10, 2003, motion for
post-conviction relief, which he originally filed in the Thornton Municipal
Court on November 10, 2003. A copy of that motion is attached as Exhibit A
(Motion to Vacate Conviction Pursuant to C.R. Cr. P. 25(c) and Supporting
Brief).
11. Further, defendant requests that this Court grant him a hearing on that
motion, to allow the parties to present oral argument to the Court regarding the
merits and jurisdictional issues.
WHEREFORE, Defendant requests that this motion be granted.
DATED this ______ day of , 2004.
Respectfully submitted,
___________________________________
R. Scott Reisch
CERTIFICATE OF SERVICE
I do hereby certify that on the ____ day of February, 2004, I ? deposited in the U.S. Mail,
or ? sent via facsimile to the following number: ___________ or ? hand delivered the foregoing
APPELLANT'S MOTION FOR DE NOVO REVIEW to the following:
Jacob A. Starkovich
Thornton City Attorney
9500 Civic Center Drive
Thornton, CO 80229-4326
Clerk of the Thornton Municipal Court
9500 Civic Center Drive
Thornton, CO 80229
________________________________________________
