SUPREME COURT, STATE OF COLORADO



SUPREME COURT, STATE OF COLORADO 9:00 a.m.

Oral Argument: Tuesday, October 20, 2009 EN BANC

Bailiff: Ben Figa/Andy Lanoha

08SC654 (1 HOUR)

|Petitioner: |))))|For the Petitioner: |

| |))))|Douglas K. Wilson |

|Norman Adkins, |))) |Colorado State Public Defender |

| | |Anne Stockham |

|v. | |Deputy State Public Defender |

| | | |

|Respondent: | |For the Respondent: |

| | |John W. Suthers |

|The People of the State of Colorado. | |Attorney General |

| | |Roger G. Billotte |

| | |Assistant Attorney General |

Certiorari to the Colorado Court of Appeals, 05CA2443

Docketed: August 15, 2008

At Issue: September 24, 2009

ISSUE(S):

Whether the court of appeals erred when it held that the defendant's evidence of the alternate suspect's prior similar arrest was inadmissible.

Whether the court of appeals erred when it held that evidence of a prior similar act was admissible against the defendant.

______________________________________________________________________________

Oral Argument: Tuesday, October 20, 2009 10:00 a.m.

EN BANC

08SC650 (½ HOUR)

|Petitioner: |))))|For the Petitioner: |

| |))))|Barrett Weisz |

|Boubacar Doumbouya, |))))|Robert T. Fishman |

| | |Ridley, McGreevy & Weisz, P.C. |

|v. | | |

| | |For the Respondent: |

|Respondents: | |David R. Fine |

| | |City Attorney |

|The County Court of the City and County of Denver and Honorable Andre| |Melissa Drazen-Smith |

|Rudolph, one of the judges thereof and the City and County of Denver.| |Vince A. DiCroce |

| | |Nathaniel P. Fehrmann |

| | |Assistant City Attorneys |

Certiorari to the District Court, City and County of Denver, 07CV6924

Docketed: August 12, 2008

At Issue: September 16, 2009

ISSUE(S):

Whether a single question concerning petitioner's likely deportation in the event of conviction created the “manifest necessity” of declaring a mistrial, where the question was designed to establish the complaining witness’ motive and bias stemming from the ongoing custody battle between the witness’ awareness that petitioner’s deportation would result in sole custody of their child. ______________________________________________________________________________

SUPREME COURT, STATE OF COLORADO 1:30 p.m.

Oral Argument: Tuesday, October 20, 2009 EN BANC

Bailiff: Brock Swanson/Andra Zeppelin

08SC588 (1 HOUR)

|Petitioner/Cross-Respondent: |))))|For the Petitioner/Cross-Respondent: |

| |))))|John W. Suthers |

|The People of the State of Colorado, |))) |Attorney General |

| | |Katharine J. Gillespie |

|v. | |Assistant Attorney General |

| | | |

|Respondent/Cross-Petitioner: | |For the Respondent/Cross-Petitioner: |

| | |Douglas K. Wilson |

|David Arthur Wittrein. | |Colorado State Public Defender |

| | |Alan Kratz |

| | |Deputy State Public Defender |

Certiorari to the Colorado Court of Appeals, 04CA2118

Docketed: July 24, 2008

At Issue: September 11, 2009

ISSUE(S):

Whether the court of appeals erred in finding that, when a defendant objects, it is per se reversible error for the trial court to permit the competency hearing to be held in front of the jury.

Whether the court of appeals erred in reversing the convictions based on expert testimony the defendant elicited during his cross-examination of the People’s expert.

Whether the court of appeals erred in holding that a trial court may decline to even review an alleged sexual assault victim’s school records in camera if the defendant argues that the records may contain impeachment evidence, and applied an erroneous legal standard in determining that, assuming the trial court should have reviewed the alleged victim’s mental health records in camera, the error was harmless.

______________________________________________________________________________

Oral Argument: Tuesday, October 20, 2009 2:30 p.m.

EN BANC

08SC698 (1 HOUR)

|Petitioner: |))))|For the Petitioner: |

| |))))|Malcolm M. Murray |

|The Board of County Commissioners of the County of Rio Blanco, State |))))|M. Patrick Wilson |

|of Colorado, |))))|Murray Dahl Kuechenmeister |

| |))))|& Renaud LLP |

|v. |))))| |

| |))))|For the Respondent: |

|Respondent: |) |Neil I. Pomerantz |

| | |Robert R. Gunning |

|ExxonMobil Oil Corporation. | |Mark E. Medina |

| | |Silverstein & Pomerantz LLP |

| | | |

| | |For Amici Curiae Colorado Counties, Inc. and Colorado Municipal |

| | |League: |

| | |Thomas J. Lyons |

| | |Beth A. Dickhaus |

| | |Hall & Evans, L.L.C. |

| | |and |

| | |Geoffrey T. Wilson |

| | |Colorado Municipal League |

| | | |

| | |For Amici Curiae Colorado Association of Commerce and Industry, |

| | |Colorado Independent Energy Association, Broadband Tax Institute,|

| | |Colorado Mining Association and Comcast Holdings Corporation: |

| | |Alan Poe |

| | |Holland & Hart LLP |

Certiorari to the Colorado Court of Appeals, 07CA1054

Docketed: September 4, 2008

At Issue: September 4, 2009

ISSUE(S):

Are materials and equipment that are used in the extraction and processing of natural gas “construction and building materials” subject to the use tax that local governments may impose pursuant to section 29-2-109(1), C.R.S. (2008).

______________________________________________________________________________

SUPREME COURT, STATE OF COLORADO 9:00 a.m.

Oral Argument: Thursday, October 22, 2009 EN BANC

Bailiff: Margrit Parker/ David Scherr

08SC1073 (1 HOUR)

|Petitioner: |))))|For the Petitioner: |

| |))))|J. Gregory Walta |

|Wolf Ranch, LLC, a Colorado limited liability company, |))))|J. Gregory Walta, P.C. |

| |))))|and |

|v. |) |Bruce M. Wright |

| | |Flynn Wright & Fredman, LLC |

|Respondent: | | |

| | |For the Respondent: |

|City of Colorado Springs, a Colorado | |Patricia K. Kelly |

|home-rule city. | |City Attorney/Chief Legal Officer |

| | |Will Bain |

| | |Senior City Attorney |

| | | |

| | |For Amicus Curiae Colorado Municipal League: |

| | |Erin E. Goff |

| | |Colorado Municipal League |

Certiorari to the Colorado Court of Appeals, 07CA2184

Docketed: December 23, 2008

At Issue: August 28, 2009

ISSUE(S):

Whether the court of appeals erred in ruling that the Regulatory Impairment of Property Rights Act, C.R.S. sections 29-20-201 to 205 is not applicable when a governmental body legislatively adopts a uniform fee, but then determines on an individual and discretionary basis whether or not to apply the fee to specific properties.

______________________________________________________________________________

Oral Argument: Thursday, October 22, 2009 10:00 a.m.

EN BANC

08SC884 (½ HOUR)

|Petitioner: |))))|For the Petitioner: |

| |))))|Antony M. Noble |

|James M. Crumb, Jr., |) |The Noble Law Firm, LLC |

| | | |

|v. | |For the Respondent: |

| | |John W. Suthers |

|Respondent: | |Attorney General |

| | |Deborah Isenberg Pratt |

|The People of the State of Colorado. | |Assistant Attorney General |

Certiorari to the Colorado Court of Appeals, 06CA0814

Docketed: October 29, 2008

At Issue: September 14, 2009

ISSUE(S):

Whether a trial judge’s participation in plea discussions, in violation of section 16-7-302(1), C.R.S. (2008), and Crim. P. 11(f)(4) is harmless error where the defendant had rejected previous plea offers and had only agreed to plead guilty after the trial judge advised him of the sentence that would be imposed if he was found guilty at trial and compared that with the sentencing consequences of pleading guilty.

___________________________________________________________________________________________

SUPREME COURT, STATE OF COLORADO 1:30 p.m.

Public Hearing: Thursday, October 22, 2009 EN BANC

Bailiff: Lynn Kubiak

Proposed Changes to Colorado Code

of Judicial Conduct

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