Colorado Motion for Psychiatric Examination of Defendant
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How to fill out Motion For Psychiatric Examination Of Defendant?
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FAQ
Rule 35 - Determination of Appeal (a) Disposition of Appeal. The appellate court may, in whole or in part, dismiss an appeal; affirm, vacate, modify, reverse, or set aside a lower court judgment; and remand any portion of the case to the lower court for further proceedings.
Rule 35(b) of the Colorado Rules of Criminal Procedure allows a criminal defendant who has been convicted and sentenced to ask the sentencing judge to reconsider the sentence that the judge imposed on the defendant.
Rule 35(c) Proceedings. Section 18-1-410, C.R.S. and Rule 35(c) of the Colorado Rules of Criminal Procedure allow defendants to raise certain claims in the trial court even after they have been convicted and exhausted all of their direct appeal rights.
This rule requires that either the party's physical or mental condition be "in controversy" and that the movant show "good cause" before the court may order that a party submit to a physical or mental examination.
Rule requires that, unless subpoenaed witness and other parties consent to an alternate arrangement or by other court order, subpoenaed documents be produced only at the deposition, hearing, or trial specified in the subpoena.
This rule requires that either the party's physical or mental condition be "in controversy" and that the movant show "good cause" before the court may order that a party submit to a physical or mental examination.
A motion under the rule is essentially a plea for leniency and presupposes a valid conviction. Rule 35 motion presupposes a valid conviction only for purposes of a hearing on that motion and does not preclude an appeal by a defendant from the conviction.
The court on motion of a defendant or of its own motion shall order the entry of a judgment of acquittal of one or more offenses charged in the indictment or information, or complaint, or summons and complaint after the evidence on either side is closed, if the evidence is insufficient to sustain a conviction of such ...