SUPREME COURT, STATE OF COLORADO



SUPREME COURT, STATE OF COLORADO 8:45 a.m.

Oral Argument: Tuesday, October 26, 2010 EN BANC

Bailiff: Blake Reid/Sarah Goldberg

Courts in the Community

Mountain Range High School

Westminster, Colorado

09SC781 (1 HOUR)

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

| |))))|Robert A. Garcin |

|Cheryl A. Kendrick, |))))|Law Office of Robert A. Garcin |

| |))))| |

|v. |))))|For the Respondent: |

| |) |Troy A. Ukasick |

|Respondent: | |The Ukasick Law Firm |

| | | |

|Holly L. Pippin. | |For Amicus Curiae Colorado Trial Lawyers Association: |

| | |Julia T. Thompson |

| | |Schoenwald & Thompson LLC |

| | |and |

| | |Thomas D. Neville |

| | |Ogborn Summerlin & Ogborn, LLC |

| | | |

| | |For Amicus Curiae Colorado Defense Lawyers Association: |

| | |Franklin D. Patterson |

| | |Brian D. Kennedy |

| | |Patterson, Nuss & Seymour, P.C. |

| | | |

Certiorari to the Colorado Court of Appeals, 08CA1487

Docketed: September 17, 2009

At Issue: July 14, 2010

ISSUE(S):

Whether the court of appeals erred in holding that a driver who loses control of a vehicle in winter driving conditions and collides with a vehicle stopped at a traffic light is entitled to a sudden emergency jury instruction.

issues cont’d on next page

09SC781

Issues cont’d from previous page

Whether the court of appeals erred in concluding that a plaintiff is not entitled to an instruction based on res ipsa loquitur when the defendant loses control of her vehicle during winter driving conditions and collides with the plaintiff.

Whether the court of appeals erred in concluding that jury misconduct did not occur when a member of the jury made her own calculations regarding vehicle accident reaction time and shared the calculations with the other members of the jury.

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Oral Argument: Tuesday, October 26, 2010 10:15 a.m.

EN BANC

09SC119 (1 HOUR)

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

| |))))|David M. Korrey |

|Scott Michael French, |)) |Law Offices of David M. Korrey |

| | | |

|v. | | |

| | |For the Respondent: |

|Respondent: | |John W. Suthers |

| | |Attorney General |

|The People of the State of Colorado. | |Jennifer A. Berman |

| | |Assistant Attorney General |

Certiorari to the Colorado Court of Appeals, 04CA2383 and 05CA1328

Docketed: February 9, 2009

At Issue: May 27, 2010

ISSUE(S):

Whether the court of appeals erred when it held that the record contained sufficient evidence enabling a jury to find French guilty of computer crime pursuant to section 18-5.5-102, C.R.S. (1998).

Whether the court of appeals erred when it held that the record contained sufficient evidence enabling a jury to find French guilty of securities fraud pursuant to section 11-51-501(1)(b), C.R.S. (1998).

Whether the court of appeals erred in upholding the trial court’s assessment of restitution absent evidence that French harmed the specific victims.

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

Oral Argument: Wednesday, October 27, 2010 EN BANC

Bailiff: Grant Sullivan/Timothy Zimmerman

09SC708 (1 HOUR)

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

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

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

| | |Susan Eileen Friedman |

|v. | |Assistant Attorney General |

| | | |

|Respondent: | |For the Respondent: |

| | |Paul Grant |

|Tember Terri Rector. | | |

| | | |

Certiorari to the Colorado Court of Appeals, 06CA747

Docketed: August 24, 2009

At Issue: September 9, 2010

ISSUE(S):

Whether the court of appeals acted counter to other published case law in reversing the defendant’s convictions based on the erroneous finding that the medical expert opined on an ultimate legal issue, and therefore, usurped the role of the jury.

Whether the court of appeals acted counter to other published case law in finding that, pursuant to People v. Shreck, 22 P.3d 68 (Colo. 2001), the district court should have made findings to determine the reliability of the expert’s anticipated testimony that the child-victim’s injuries were caused by an intentional act of abuse, and whether the lack of findings constituted reversible or harmless error.

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Oral Argument: Wednesday, October 27, 2010 10:00 a.m.

EN BANC

09SC375 (½ HOUR)

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

| |))))|Elizabeth A. McClintock |

|Mark Stevens Pellman, II, |))) |Theodore P. McClintock |

| | |McClintock & McClintock, P.C. |

|v. | | |

| | | |

|Respondent: | |For the Respondent: |

| | |John W. Suthers |

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

| | |Wendy J. Ritz |

| | |First Assistant Attorney General |

Certiorari to the Colorado Court of Appeals, 07CA1063

Docketed: May 4, 2009

At Issue: May 26, 2010

ISSUE(S):

Whether the court of appeals incorrectly interpreted the statutory definition of “position of trust” by failing to give effect to the language of the statute requiring an actor to be in a position of trust “at the time of an unlawful act.”

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Oral Argument: Wednesday, October 27, 2010 10:30 a.m.

EN BANC

09SC1019 (½ HOUR)

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

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

|Joey L. Evans, |))))|Colorado State Public Defender |

| |) |Cory D. Riddle |

|v. | |Deputy State Public Defender |

| | |Joey Evans |

|Respondent: | |Deputy State Public Defender |

| | | |

|The People of the State of Colorado. | |For the Respondent: |

| | |John W. Suthers |

| | |Attorney General |

| | |Jonathan P. Fero |

| | |Assistant Attorney General |

Certiorari to the Colorado Court of Appeals, 08CA459

Docketed: December 11, 2009

At Issue: August 12, 2010

ISSUE(S):

Whether the district court and the court of appeals erred by concluding that the trial court lacked authority to reduce a sentence where imposition of incarceration is discretionary.

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

Public Hearing: Wednesday, October 27, 2010 EN BANC

Bailiff: Susan Festag

Public Hearing Cancelled

Public Hearing

Appendix to Chapters 18 to 20

Colorado Rules of Professional Conduct

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

Oral Argument: Thursday, October 28, 2010 EN BANC

Bailiff: Tricia Leakey/Margrit Parker

09SC986 (1 HOUR)

|Petitioners: |))))|For the Petitioners: |

| |))))|Wm. Andrew Wills II |

|Alex Delano, Wolfgang Baeck, Carlos Perez, Kevin Werner, and Mark |)) |John S. Pfeiffer |

|Parker, | |Wills & Adams, LLP |

| | | |

|v. | | |

| | | |

|Respondent: | |For the Respondent: |

| | |James A. Reed |

|Jeffrey M. Busch. | |James A. Reed, P.C. |

Certiorari to the Colorado Court of Appeals, 07CA455

Docketed: November 27, 2009

At Issue: May 17, 2010

ISSUE(S):

Whether, as a matter of law, two officers of the same corporation can engage in a conspiracy with each other to commit a tort while acting within the scope of their authority and in furtherance of the corporation’s interests.

Whether the court of appeals erred in reversing the trial court’s findings of fact and in holding that Busch and Jeffers were acting within that scope of their authority when making the false representations.

______________________________________________________________________________

Oral Argument: Thursday, October 28, 2010 10:00 a.m.

EN BANC

09SC582 (½ HOUR)

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

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

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

| | |Patricia R. Van Horn |

|v. | |Assistant Attorney General |

| | | |

|Respondent: | |For the Respondent: |

| | |Thomas K. Carberry |

|Andreas Rubio. | | |

Certiorari to the Colorado Court of Appeals, 06CA2014

Docketed: July 10, 2009

At Issue: July 9, 2010

ISSUE(S):

Whether the court of appeals erred in concluding that a defendant was entitled to jury instructions on

lesser non-included offenses for four of six counts arising from the same criminal act.

Oral Argument: Thursday, October 28, 2010 10:30 a.m.

EN BANC

09SC963 (½ HOUR)

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

| |))))|Brad R. Irwin |

|Timothy A. Gognat, |))))|Chris L. Ingold |

| |))))|Irwin & Boesen, P.C. |

|v. |))) | |

| | | |

|Respondents: | |For the Respondent Stephen Smith: |

| | |Alan Epstein |

|Chet J. Ellsworth, Joanne Ellsworth, Stephen Smith, and MSD Energy | |Michael W. Jones |

|Inc. | |Bruce A. Menk |

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

| | | |

| | |For the Respondents Chet J. Ellsworth, Joanne Ellsworth, and MSD |

| | |Energy, Inc. (adopted answer brief of respondent Smith): |

| | |David L. McCarl |

| | |and |

| | |John P. Lange |

Certiorari to the Colorado Court of Appeals, 08CA1158 and 08CA1745

Docketed: November 16, 2009

At Issue: July 29, 2010

ISSUE(S):

Whether the trial court and court of appeals correctly concluded that there were no genuine issues of material fact regarding the accrual of Gognat’s trade secret misappropriation claims.

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

Oral Argument: Thursday, October 28 , 2010 EN BANC

Bailiff: Catherine Ruhland/Timothy Zimmerman

09SC229 (1 HOUR)

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

| |))))|James E. Puga |

|The Estate of Catherine Ford, |))))|Daniel A. Lipman |

| |))))|Benjamin Sachs |

|v. |))))|Leventhal, Brown & Puga, P.C. |

| |))) | |

|Respondents: | |For the Respondents: |

| | |Joseph C. Jaudon |

|Danny J. Eicher, M.D. and Consultants in Obstetrics and Gynecology, | |David H. Yun |

|P.C. | |Jared R. Ellis |

| | |Jaudon & Avery LLP |

| | | |

| | |For Amicus Curiae American College of Obstetricians and |

| | |Gynecologists: |

| | |Kevin J. Kuhn |

| | |Ramona L. Lampley |

| | |Wheeler Trigg O’Donnell LLP |

| | | |

| | |For Amicus Curiae The Regents of the University of Colorado: |

| | |Patrick T. O’Rourke |

| | |Office of University Counsel |

| | | |

Certiorari to the Colorado Court of Appeals, 06CA1625

Docketed: March 23, 2009

At Issue: July 7, 2010

ISSUE(S):

Whether the court of appeals properly applied People v. Shreck, 22 P.3d 68 (Colo. 2001), and People v. Ramirez, 155 P.3d 371 (Colo. 2007), in its review of the trial court’s exclusion of expert testimony when it concluded that the causation testimony of two medical experts was reliable and therefore admissible and reversed the trial court’s exclusion of that testimony.

______________________________________________________________________________

Oral Argument: Thursday, October 28, 2010 2:30 p.m.

EN BANC

09SC989 (½ HOUR)

|In re the Parental Responsibilities of |))))|For the Petitioner: |

| |))))|Anthony Viorst |

|L. S., child, |))))|The Viorst Law Offices, P.C. |

| |) | |

|Petitioner: | | |

| | |For the Respondent: |

|Tatanjia Willard Spotanski McNamara, | |William E. Zimsky |

| | |William E. Zimsky, P.C. |

|v. | | |

| | | |

|Respondent: | | |

| | | |

|Stacy Joe Spotanski. | | |

Certiorari to the Colorado Court of Appeals, 08CA1872

Docketed: November 30, 2009

At Issue: August 5, 2010

ISSUE(S):

Whether the court of appeals misinterpreted the Parental Kidnapping Protection Act, the statutory embodiment of the full-faith-and-credit clause of the United States Constitution, thereby erring in its determination that a “Colorado court must respect and enforce the prior Nebraska orders.”

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Oral Argument: Thursday, October 28, 2010 3:00 p.m.

EN BANC

09SC1002 (½ HOUR)

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

| |))))|Carol Chambers |

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

| | |L. Andrew Cooper |

|v. | |Deputy District Attorney |

| | | |

|Respondent: | |For the Respondent: |

| | |Katherine Brien |

|Arnold Wehmas. | |Brien & Martinez Law, LLC. |

Certiorari to the District Court, Arapahoe County, 09CV1514

Docketed: December 4, 2009

At Issue: August 16, 2010

ISSUE(S):

Whether a DUI in Colorado is a sufficiently grave offense to justify warrantless entry into a home, when exigent circumstances are present.

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