context: Instead, the time requirement of 19-1-108(5) is a procedural rule that creates a condition precedent to the party's right to appeal the magistrate's order. Because such procedures can be waived and because the Department failed to raise the requirements of 19 -- 1--108(5) before the district court reviewed C.S.'s petition, the Department has waived any argument under 19-1-108(5).
citation_a.signal: no signal
citation_a.identifier: 43 P.3d 611, 617-618
citation_a.parenthetical: holding that Crim. P. 35's requirement that criminal defendants file a motion for relief with the state court before proceeding to habeas corpus implicates the doctrine of exhaustion of legal remedies and not the concept of subject matter jurisdiction, and any argument based on Crim. P. 35 is therefore waivable
citation_a.sentence: Horton v. Suthers, 43 P.3d 611, 617-618 (Colo.2002)(holding that Crim. P. 35’s requirement that criminal defendants file a motion for relief with the state court before proceeding to habeas corpus implicates the doctrine of exhaustion of legal remedies and not the concept of subject matter jurisdiction, and any argument based on Crim. P. 35 is therefore waivable); see also Ex Parte H.F., 843 So.2d 190, 191-92 (Ala.2002) (holding that the state’s failure to object to a late petition for appeal of a termination order granted by the trial court on the basis of excusable neglect constituted a waiver of the state’s right to contest excusable neglect on appeal to the court of appeals).
citation_b.signal: see also
citation_b.identifier: 843 So.2d 190, 191-92
citation_b.parenthetical: holding that the state's failure to object to a late petition for appeal of a termination order granted by the trial court on the basis of excusable neglect constituted a waiver of the state's right to contest excusable neglect on appeal to the court of appeals
citation_b.sentence: Horton v. Suthers, 43 P.3d 611, 617-618 (Colo.2002)(holding that Crim. P. 35’s requirement that criminal defendants file a motion for relief with the state court before proceeding to habeas corpus implicates the doctrine of exhaustion of legal remedies and not the concept of subject matter jurisdiction, and any argument based on Crim. P. 35 is therefore waivable); see also Ex Parte H.F., 843 So.2d 190, 191-92 (Ala.2002) (holding that the state’s failure to object to a late petition for appeal of a termination order granted by the trial court on the basis of excusable neglect constituted a waiver of the state’s right to contest excusable neglect on appeal to the court of appeals).