justiceseeker62
Junior Member
What is the name of your state (only U.S. law)? Colorado
I am looking for case law that I can use to appeal to the Supreme Court regarding a ruling that the judge made in district court case, Colorado
The facts that pertain to my appeal issue is as follows:
1. Civil and Criminal case were mediated together on the same day, same mediatior. Agreement was signed to settle the civil case for $115,000 by selling joint property held by defendant and Plaintiff. Agreement was signed that defendant would plead guilty to $500 or more at risk adult theft. ( possible appeal on criminal case, not civil, to be done later based on new, tape evidence)
2. Defendant did not plead guilty to charges related to the $115,000, but both the civil/criminal case facts were presented to the judge, and conditions on the criminal case is that defendant must comply with all the terms of the civil agreement.
3. Defendant was required to bring to mediation all financial information. All parties were made aware that the $115,000 is the entire amount of liquid funds (equity in home) that defendant has, and that the only monthly income of defendant is disability insurance of $1000 per month. It was clear to all that defendant has no ability to pay any more that the $115,000 that is equity in the home, when it sells.
4. The mediation agreement had language that reflected that 8% interest would be paid annually, starting the date of the signed mediation.
5. The DA recently had a hearing, asked the court to grant interest of 12%, stating that restitution is required in a criminal case. Defendant argued to the court that this was never discussed in mediation, never agreed to, and stated that if the law requires interest, and had that law been disclosed at mediation, defendant would have settled the case for around $70,000 or whatever amount would have included the 12% interest, providing that it add up to $115,000 as that is all the funds that defendant has as equity, with no ability to work in the future.
Secondly, defendant argued that it is impossible to figure interest accurately as the checks written to her by the Plaintiff were done over a 7 year period.
Attorney for the Plaintiff argued to the criminal court that they did not want to create more financial burden to the defendant because doing so would not help his client get their money if defendant were in jail or if defendant was put in a position where payment could not be made...he stated that he and his client would only be seeking only the $115,000, that was the agreement, that is all they are asking for.
The court stated it had no choice, cited something about a Roberts v People case, and said the law requires that he has to add the interest, he had no choice.
6. Based on this ruling by the court, the amount agreed in mediation went from defendant paying $115,000 to now required to pay over $177,000.
There is no way to pay this (and added interest in the future), making it now impossible for defendant to comply with the agreement.
In conclusion, I am looking for case law to help support my position. I have to so this Pro Se.
My former attorney (who really should have told me about this interest law at mediation but failed to do so) later told me that I may be able to argue to the appeal court. One attorney stated : " You may have identified a potential issue that is possibly viable for appeal if it can be supported by the record. All though there were two "separate" agreements in written form, you may argue that the agreements should be read in conjunction with each other, given that the mediation took place in each case at the same time with the same mediator.
You should,however, keep in mind that the appellate courts are no inclined to overrule trial courts if there is anything in the record to support the trial court's position"
I am looking for any case law to support this position. Any direction is appreciated.
I am looking for case law that I can use to appeal to the Supreme Court regarding a ruling that the judge made in district court case, Colorado
The facts that pertain to my appeal issue is as follows:
1. Civil and Criminal case were mediated together on the same day, same mediatior. Agreement was signed to settle the civil case for $115,000 by selling joint property held by defendant and Plaintiff. Agreement was signed that defendant would plead guilty to $500 or more at risk adult theft. ( possible appeal on criminal case, not civil, to be done later based on new, tape evidence)
2. Defendant did not plead guilty to charges related to the $115,000, but both the civil/criminal case facts were presented to the judge, and conditions on the criminal case is that defendant must comply with all the terms of the civil agreement.
3. Defendant was required to bring to mediation all financial information. All parties were made aware that the $115,000 is the entire amount of liquid funds (equity in home) that defendant has, and that the only monthly income of defendant is disability insurance of $1000 per month. It was clear to all that defendant has no ability to pay any more that the $115,000 that is equity in the home, when it sells.
4. The mediation agreement had language that reflected that 8% interest would be paid annually, starting the date of the signed mediation.
5. The DA recently had a hearing, asked the court to grant interest of 12%, stating that restitution is required in a criminal case. Defendant argued to the court that this was never discussed in mediation, never agreed to, and stated that if the law requires interest, and had that law been disclosed at mediation, defendant would have settled the case for around $70,000 or whatever amount would have included the 12% interest, providing that it add up to $115,000 as that is all the funds that defendant has as equity, with no ability to work in the future.
Secondly, defendant argued that it is impossible to figure interest accurately as the checks written to her by the Plaintiff were done over a 7 year period.
Attorney for the Plaintiff argued to the criminal court that they did not want to create more financial burden to the defendant because doing so would not help his client get their money if defendant were in jail or if defendant was put in a position where payment could not be made...he stated that he and his client would only be seeking only the $115,000, that was the agreement, that is all they are asking for.
The court stated it had no choice, cited something about a Roberts v People case, and said the law requires that he has to add the interest, he had no choice.
6. Based on this ruling by the court, the amount agreed in mediation went from defendant paying $115,000 to now required to pay over $177,000.
There is no way to pay this (and added interest in the future), making it now impossible for defendant to comply with the agreement.
In conclusion, I am looking for case law to help support my position. I have to so this Pro Se.
My former attorney (who really should have told me about this interest law at mediation but failed to do so) later told me that I may be able to argue to the appeal court. One attorney stated : " You may have identified a potential issue that is possibly viable for appeal if it can be supported by the record. All though there were two "separate" agreements in written form, you may argue that the agreements should be read in conjunction with each other, given that the mediation took place in each case at the same time with the same mediator.
You should,however, keep in mind that the appellate courts are no inclined to overrule trial courts if there is anything in the record to support the trial court's position"
I am looking for any case law to support this position. Any direction is appreciated.
