Colorado § 28-3.1-421 Appeal by the state

Colorado Statutes

§ 28-3.1-421 — Appeal by the state

Colorado § 28-3.1-421

Title 28Military and

Art.Colorado Code of Military Justice

This text of Colorado § 28-3.1-421 (Appeal by the state) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 28-3.1-421 (2026).

Text

(1)The state shall not appeal a finding of not guilty with respect to a charge or specification. In a trial by court-martial in which a punitive discharge may be adjudged, the state may appeal the following:

(a)An order or ruling of the military judge that terminates the proceedings with respect to a charge or specification;

(b)An order or ruling that excludes evidence that is substantial proof of a fact material in the proceeding;

(c)An order or ruling that directs the disclosure of classified information;

(d)An order or ruling that imposes sanctions for nondisclosure of classified information;

(e)A refusal of the military judge to issue a protective order sought by the state to prevent the disclosure of classified information; or

(f)A refusal by the military judge to e

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(1) The state shall not appeal a finding of
not guilty with respect to a charge or specification. In a trial by court-martial in
which a punitive discharge may be adjudged, the state may appeal the following:

(a) An order or ruling of the military judge that terminates the proceedings
with respect to a charge or specification;

(b) An order or ruling that excludes evidence that is substantial proof of a
fact material in the proceeding;

(c) An order or ruling that directs the disclosure of classified information;

(d) An order or ruling that imposes sanctions for nondisclosure of classified
information;

(e) A refusal of the military judge to issue a protective order sought by the
state to prevent the disclosure of classified information; or

(f) A refusal by the military judge to enforce an order described in subsection
(1)(e) of this section that has previously been issued by the appropriate authority.

(2) An appeal of an order or ruling may not be taken unless the trial counsel
provides the military judge with written notice of appeal from the order or ruling
within seventy-two hours of the order or ruling. Such notice must include a
certification by the trial counsel that the appeal is not taken for the purpose of
delay and, if the order or ruling appealed is one that excludes evidence, that the
evidence excluded is substantial proof of a fact material in the proceeding.

(3) An appeal under this article 3.1 must be diligently prosecuted as provided
by law.

(4) An appeal under this article 3.1 must be forwarded to the court
prescribed in this code. In ruling on an appeal under this article 3.1, that court may
act only with respect to matters of law.

(5) Any period of delay resulting from an appeal under this article 3.1 must
be excluded in deciding any issue regarding denial of a speedy trial unless an
appropriate authority determines that the appeal was filed solely for the purpose of
delay with the knowledge that it was totally frivolous and without merit.

Legislative History

Source: L. 2018: Entire section added, (SB 18-135), ch. 95, p. 747, � 17, effective April 2. L. 2025: IP(1) amended, (SB 25-279), ch. 411, p. 2340, � 14, effective September 1.