Denver Criminal Defene Attorney

Robert T Fishman

Denver Criminal Appeals, Robert T FishmanOf Counsel

Practice Areas: Civil and Criminal Appeals

Experience:

Robert T. Fishman joined Ridley, McGreevy & Winocur upon its founding in January of 2006. Mr. Fishman’s practice focuses on appeals, and is divided equally between civil and criminal appeals, and between State and Federal court cases. He frequently is hired by trial lawyers to construct legal theories and pleadings in the course of trial litigation, and to prosecute and defend trial court verdicts on appeal.

After studying political philosophy in college, Mr. Fishman graduated (Order of the Coif) from the University of Colorado’s School of Law in 1992, where he served as Articles Editor of the University of Colorado Law Review.  After graduating, Mr. Fishman clerked for Colorado Supreme Court Chief Justice Luis D. Rovira and Judge Wade Brorby of the United States Court of Appeals for the Tenth Circuit.

Representative Matters

  • Client was convicted of sexual assault at trial and received an indeterminate life sentence.  Mr. Fishman was retained to appeal the conviction.  The Colorado Court of Appeals ruled that insufficient evidence had been presented at trial to support the jury’s verdict.  The Court vacated the judgment of conviction and sentence; precluding further prosecution or retrial.  See People v. Tonsing, No.08CA1943 (Colo.App. June 16, 2011).
  • Client sued the United States under the Federal Tort Claims Act for injuries resulting from an automobile accident.  The trial court entered summary judgment in favor of the government holding that it could not be held liable for the client’s injuries as a matter of law.  Mr. Fishman appealed the decision to the United States Court of Appeals for the Tenth Circuit, which reversed the trial court’s judgment and reinstated the client’s claims against the government.  See Fowler v. United States, ___ F.3d. ___, 2011 WL 2120046 (10th Cir. May 31, 2011).
  • Client and his company were sued for various business torts and contract-related claims.  After an unfavorable verdict (including damages and an award of attorneys’ fees) was entered against the client, Mr. Fishman was retained to prosecute the appeal.  The Colorado Court of Appeals overturned the adverse verdict in its entirety and ordered that the security that erroneously had been posted on behalf of both the client and his company should be released and returned to the client.  Fremling v. Saber, 2010 WL 2442714 (Colo.App. Feb. 11, 2011).
  • Client was convicted of assault at trial.  After one unsuccessful appeal, Mr. Fishman was retained to prosecute the appeal further.  The Colorado Supreme Court granted the client’s petition for review of the case and, after oral argument, remanded the case to the Colorado Court of Appeals which overturned the client’s conviction and ordered that the charges against the client be dismissed.  See Doumbouya v. City and County of Denver, 224 P.3d 425 (Colo.App.2009).
  • Client was convicted of several charges, including child abuse resulting in death, and sentenced to over twenty years in prison.  Mr. Fishman was appointed to represent the client on appeal.  The Colorado Court of Appeals overturned the conviction.  The prosecution then sought (and obtained) review by the Colorado Supreme Court, which affirmed the Court of Appeals and granted the client a new trial.  See People v. Weinreich, 119 P.3d 1073 (Colo.2005)
  • Client obtained more than a million dollar verdict at trial against his insurance carrier.  On appeal, the defendant succeeded in having the verdict thrown out.  Mr. Fishman was then retained to seek review in the Colorado Supreme Court.  Review was granted and the Supreme Court reinstated the verdict in its entirety, including the trial court’s award of punitive damages in favor of the client.  See William Coors v. Security Life of Denver, 112 P.3d 59 (Colo.2005)
  • Client brought suit against a bank and its president alleging various business torts.  The trial court dismissed the client’s claims.  Mr. Fishman was then retained to prosecute the appeal.  The Colorado Court of Appeals reversed the trial court and reinstated all of client’s claims.  Peak Card Service, Inc. v. Pueblo Bank and Trust, 2003WL359792 (Colo.App. Feb. 20, 2003).  Mr. Fishman then drafted motions that defeated the defendant’s attempt to again have the claims thrown out by the trial court.  At trial, Mr. Fishman argued the many legal issues implicated in the case, and drafted the proposed jury instructions.  The trial court adopted the instructions proposed on behalf of the client, and the defendants settled the case after the jury instruction conference and before closing arguments.
  • A group of clients sued local officials under 42 U.S.C. Section 1983 claiming that the officials had systematically violated their constitutional rights.  The trial court dismissed the clients’ claims.  Mr. Fishman was then retained to appeal the adverse decision, and the United States Court of Appeals for the Tenth Circuit reversed and reinstated the clients’ claims.  Defendants settled the case shortly thereafter.  See Anaya v. Crossroads Managed Care Systems, Inc., 195 F.3d 584 (10th Cir.1999).