Colorado Judicial Branch - Home
Public Hearing: Wednesday, January 21, 2009 1:30 p.m.
Bailiff: Susan Festag EN BANC
Proposed Changes to
C.R.C.P. Chapter 20, Rule 251.8 & 251.31
Colorado Rules of Procedure Regarding Attorney Discipline
and Disability Proceedings, Colorado Attorneys’ Fund for Client
Protection, and Mandatory Continuing Legal Education and Judicial Education
SUPREME COURT, STATE OF COLORADO 9:00 a.m.
Oral Argument: Thursday, January 22, 2009 EN BANC
Bailiffs: Jason Langley/Arthur Ortegon
2007SC937 (1 HOUR)
Petitioners: For the Petitioners:
John L. Hamil
Land Title Insurance Corporation, a Colorado corporation Valissa A. Tsoucaris
and Title Acquisitions, Inc., Hamil/Hecht, LLC
v. For the Respondent:
Frederic W. Knaak
Respondent: Knaak & Kantrud PA
Ameriquest Mortgage Company, a Delaware corporation.
Certiorari to the Colorado Court of Appeals, 2006CA847
Docketed: November 2, 2007
At Issue: November 17, 2008
ISSUE(S):
Whether the court of appeals' application of the doctrine of equitable subrogation on the facts of this case abrogates
C.R.S. section 38-38-501.
Whether the court of appeals' decision affirming imposition of equitable subrogation to the facts of this case is
not in accord with applicable decisions of this Court, including specifically Hicks v. Londré, 125 P.3d 452 (Colo. 2005).
Whether the court of appeals' decision affirming subrogation in an amount greater than the funds applied to pay off the
prior lien is not in accord with applicable decisions of this Court.
SUPREME COURT, STATE OF COLORADO 10:00 a.m.
Oral Argument: Thursday, January 22, 2009 EN BANC
Bailiffs: Jason Langley/Arthur Otregon
2008SC237 (30 MINUTES)
Petitioner: For the Petitioner:
Douglas K. Wilson
Cesar Hernandez-Clavel, Colorado State Public Defender Alan M. Kratz
v. Deputy Public Defender
Respondent: For the Respondent:
John W. Suthers
The People of the State of Colorado. Attorney General
Corina D. Gerety
Assistant Attorney General
Certiorari to the Colorado Court of Appeals, 2006CA1807
Docketed: March 24, 2008
At Issue: December 31, 2008
ISSUE(S):
Whether a court may reject probation based on the possibility that the defendant will be deported.
SUPREME COURT, STATE OF COLORADO 10:30 a.m.
Oral Argument: Thursday, January 22, 2009 EN BANC
Bailiffs: Jason Langley/Arthur Otregon
2008SC28 (1 HOUR)
Petitioner: For the Petitioner:
Ann B. Frick
Copper Mountain, Inc., Elizabeth L. Harris
Jacobs Chase Frick Kleinkof & Kelley, LLC.
v.
For the Respondent Industrial Systems, Inc.:
Respondents: Michael J. Decker
Daniel P. Murphy
Industrial Systems, Inc. and Amako Resort Montgomery Little Soran & Murray, PC
Construction (U.S.) Inc.
For the Respondent Amako Resort Construction
(U. S.) Inc:
Patrick Q. Hustead
Melissa W. Shisler
The Hustead Law Firm, a Professional Corporation
Certiorari to the Colorado Court of Appeals, 2006CA560
Docketed: January 14, 2008
At Issue: October 15, 2008
ISSUE(S):
Whether the court of appeals erred in ruling a waiver of subrogation provision in an American Institute of Architects (“AIA”) form contract barred all of owner-plaintiff's claims, thereby creating a conflict with another decision of the court of
appeals, Town of Silverton v. Phoenix Heat Source System, Inc., 948 P.2d 9 (Colo. App. 1997), which held the waiver
provision barred only claims for damages to the “Work” required to be insured by the owner under the contract.
SUPREME COURT, STATE OF COLORADO 1:30 p.m.
Oral Argument: Thursday, January 22, 2009 EN BANC
Bailiffs: Amy Willhoit/Lauren Fontana
2007SC478 (1 HOUR)
Petitioner: For the Petitioner:
Douglas K. Wilson
Richard S. Carmichael, Colorado State Public Defender
Karen N. Taylor
v. Deputy State Public Defender
Respondent: For the Respondent
John W. Suthers
The People of the State of Colorado. Attorney General
Katharine J. Gillespie
Assistant Attorney General
Certiorari to the Colorado Court of Appeals, 2002CA719
Docketed: June 4, 2007
At Issue: December 19, 2008
ISSUE(S):
Whether a defendant is denied his constitutional right to the effective assistance of counsel when counsel does not know
that the potential penalty for the charged offenses is an indeterminate life sentence in prison and, based upon that
misinformation, the defendant rejects a plea agreement for probation.
Whether a defendant's conviction should be reversed when the defendant challenges a juror for cause, the district court
denies the challenge based on a colloquy between the juror and the prosecutor, and that colloquy does not appear in the
appellate record.
Whether the trial court erred when it refused to grant the defense's challenge for cause to a juror who expressed doubt on
her juror questionnaire as to whether she could be fair and impartial in the case.
Whether the lack of an accurate, complete record of appeal violates the defendant's due process rights.
Whether the inordinate delay in preparing the record on appeal violated the defendant's due process rights to a speedy
appeal.
SUPREME COURT, STATE OF COLORADO 2:30 p.m.
Oral Argument: Thursday, January 22, 2009 EN BANC
Bailiffs: Amy Willhoit/Lauren Fontana
2008SC34 (30 MINUTES)
Petitioner: For the Petitioner:
Douglas K. Wilson
Jeffrey Dubois, Colorado State Public Defender
Ned R. Jaeckle
v. Deputy State Public Defender
Respondent: For the Respondent
John W. Suthers
The People of the State of Colorado. Attorney General
John J. Fuerst
Assistant Attorney General
Certiorari to the Colorado Court of Appeals, 2006CA1089
Docketed: January 14, 2008
At Issue: January 5, 2009
ISSUE(S):
Whether a deputy sheriff and Alamosa County are “victims” as defined by section 18-1.3-602(4)(a), C.R.S. (2007) of the
defendant's crime of vehicular eluding where the deputy was involved in a single car accident while en route to respond to
another deputy's call for assistance, resulting in losses to herself and the county.
SUPREME COURT, STATE OF COLORADO 3:00 p.m.
Oral Argument: Thursday, January 22, 2009 EN BANC
Bailiffs: Amy Willhoit/Lauren Fontana
2008SC20 (1 HOUR)
Petitioner: For the Petitioner:
Carol A. Chambers
The People of the State of Colorado, District Attorney
L. Andrew Cooper
v. Senior Deputy District Attorney
Respondent: For the Respondent:
Harvey A. Steinberg
Leroy W. Guatney. Michael Zwiebel
Springer and Steinberg, P.C.
Certiorari to the Colorado Court of Appeals, 2006CA704
Docketed: January 9, 2008
At Issue: November 25, 2008
ISSUE(S):
Whether a sex offender can request and accept a probationary sentence knowing he will refuse to discuss his offense, as
required in treatment, but evade probation revocation proceedings by invoking the Fifth Amendment right against self-
incrimination.
Whether the court of appeals erred by holding that a grant of use immunity would remove any threat of self-
incrimination.
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