the State of Colorado: The People of the State of Colorado, FFICE … · 2016-04-26 · For AmicI...

9
9:00 a.m. SUPREME COURT, STATE OF COLORADO Oral Argument: Tuesday, May 3, 2016 EN BANC Bailiff: Chief Justice Rice's Chambers 2015SC136 (1 HOUR) Petitioner/Cross-Respondent: The People of the State of Colorado, v. Respondent/Cross-Petitioner: Gregory K. Hoskin. For the Petitioner/Cross-Respondent The People of the State of Colorado: Jeremy L. Chaffin 21ST JUDICIAL DISTRICT ATTORNEY'S OFFICE For the Respondent/Cross-Petitioner Gregory K. Hoskin: Daniel Graham Michael Lee Bender Benjamin J.h. Delanghe PERKINS COIE LLP Certiorari to the District Court, Mesa County, 2014CV4106 Docketed: February 20, 2015 At Issue: March 7, 2016 ISSUE(S): Whether the district court erred by concluding that evidence of a defendant's speed in excess of a posted speed limit was insufficient to support a finding that the defendant had violated the speeding regulations. presumption.

Transcript of the State of Colorado: The People of the State of Colorado, FFICE … · 2016-04-26 · For AmicI...

Page 1: the State of Colorado: The People of the State of Colorado, FFICE … · 2016-04-26 · For AmicI Curiae American Civil Liberties Union of Colorado, Colorado Immigrant Rights Coalition,

9:00 a.m.SUPREME COURT, STATE OF COLORADOOral Argument: Tuesday, May 3, 2016 EN BANCBailiff: Chief Justice Rice's Chambers

2015SC136 (1 HOUR)

Petitioner/Cross-Respondent:

The People of the State of Colorado,

v.

Respondent/Cross-Petitioner:

Gregory K. Hoskin.

For the Petitioner/Cross-Respondent The People of the State of Colorado:Jeremy L. Chaffin21ST JUDICIAL DISTRICT ATTORNEY'S OFFICE

For the Respondent/Cross-Petitioner Gregory K. Hoskin:Daniel GrahamMichael Lee BenderBenjamin J.h. DelanghePERKINS COIE LLP

Certiorari to the District Court, Mesa County, 2014CV4106Docketed: February 20, 2015At Issue: March 7, 2016

ISSUE(S):

Whether the district court erred by concluding that evidence of a defendant's speed in excess of a posted speed limit was insufficient to support a finding that the defendant had violated the speeding regulations.

presumption.

B000ctr
Text Box
-
B000ctr
Text Box
-
B000ctr
Text Box
Chatfield High School
Page 2: the State of Colorado: The People of the State of Colorado, FFICE … · 2016-04-26 · For AmicI Curiae American Civil Liberties Union of Colorado, Colorado Immigrant Rights Coalition,

10:00 a.m.SUPREME COURT, STATE OF COLORADOOral Argument: Tuessday, May 3, 2016 EN BANCBailiff: Justice Coats' Chambers

2014SC94 (1 HOUR)

Petitioner:

The People of the State of Colorado,

v.

Respondent:

Curtis Gordon Adams.

For the Petitioner The People of the State of Colorado:William George KozeliskiOFFICE OF THE ATTORNEY GENERAL

For the Respondent Curtis Gordon Adams:Cory D. RiddleCOLORADO PUBLIC DEFENDER

Certiorari to the Colorado Court of Appeals, 2010CA2454Docketed: January 28, 2014At Issue: March 7, 2016

ISSUE(S):

Whether the mandatory sentencing aggravator in section 18-1.3-401(8)(a)(IV), C.R.S. (2014) applies to the crime of second degree assault as defined in section 18-3-203(a)(f), C.R.S. (2014).

Chatfield High School

Page 3: the State of Colorado: The People of the State of Colorado, FFICE … · 2016-04-26 · For AmicI Curiae American Civil Liberties Union of Colorado, Colorado Immigrant Rights Coalition,

9:00 a.m.SUPREME COURT, STATE OF COLORADOOral Argument: Wednesday, May 4, 2016 EN BANCBailiff: Justice Coats' Chambers

2015SA332 (1 HOUR)

In Re:

Plaintiffs:

John Magill and Suzanna Magill,

v.

Defendants:

Ford Motor Company; Mark Polunci; and Does 1 through 20, inclusive.

For the Plaintiffs John Magill and Suzanna Magill:Peter Krumholz Richard Allen Westfall HALE WESTFALL LLP andBradly Jay HolmesBRADLY J HOLMES, PCTodd A. Walburg LIEFF CABRASER HEIMANN & BERNSTEIN, LLP

For the Defendant Ford Motor Company:Sean MarottaJessica EllsworthHOGAN LOVELLS US LLPandTheresa R. WardonMarissa S. RonkEdward C StewartWHEELER TRIGG O'DONNELL, LLP

For the Defendant Mark Polunci:Deana Willingham DagnerDEANA R DAGNER PC

For Amicus Curiae Center for Auto Safety:Thomas Dean NevilleOGBORN MIHM, LLPand Larry E. CobenANAPOL WEISS For Amicus Curiae Chamber of Commerce of United States of America:Daniel Desmond DomenicoKITTREDGE LLCandMichael Lee FranciscoMRDLAW

Page 4: the State of Colorado: The People of the State of Colorado, FFICE … · 2016-04-26 · For AmicI Curiae American Civil Liberties Union of Colorado, Colorado Immigrant Rights Coalition,

9:00 a.m.SUPREME COURT, STATE OF COLORADOOral Argument: Wednesday, May 4, 2016 EN BANCBailiff: Justice Coats' Chambers

For Amicus Curiae Colorado Trial Lawyers Association:Julia Treacy ThompsonSCHOENWALD & THOMPSON LLC

Original Proceeding, District Court, Denver District Court, 2015CV32019Docketed: December 17, 2015At Issue: March 14, 2016

ISSUE(S):

B000ctr
Text Box
Whether the trial court erred in denying Petitioner Ford's motion to dismiss for lack of personal jurisdiction, or, in the alternative, motion for change of venue.
Page 5: the State of Colorado: The People of the State of Colorado, FFICE … · 2016-04-26 · For AmicI Curiae American Civil Liberties Union of Colorado, Colorado Immigrant Rights Coalition,

1:30 p.m.SUPREME COURT, STATE OF COLORADOOral Argument: Wednesday, May 4, 2016 EN BANCBailiff: Justice Coats' Chambers

2015SC345 (1 HOUR)

Petitioners:

Joseph T. Pandy, a/k/a Joseph Pandy Jr., Elizabeth Pandy, a/k/a Elizabeth A. Pandy; The Joseph Pandy Jr. and Elizabeth Pandy Living Trust, a/k/a Joseph Pandy Jr. and Elizabeth A. Pandy Living Trust dated November 10, 2003; and Joseph T. Pandy as Trustee, Elizabeth A. Pandy as Trustee;

v.

Respondent:

Independent Bank, a Michigan bank.

For the Petitioners Joseph T. Pandy, a/k/a Joseph Pandy Jr., Elizabeth Pandy, a/k/a Elizabeth A. Pandy,The Joseph Pandy Jr. and Elizabeth Pandy Living Trust, a/k/a Joseph Pandy Jr. and Elizabeth A. Pandy Living Trust dated November 10, 2003, Joseph T. Pandy as Trustee, and Elizabeth A. Pandy as Trustee:Kent Howard WhitmerWilliam G. BerryTHE WHITMER LAW FIRM, LLC

For the Respondent Independent Bank, a Michigan bank:John Alan LobusTHE LAW FIRM OF JOHN A. LOBUS, PC.

Certiorari to the Colorado Court of Appeals, 2014CA1733Docketed: April 29, 2015At Issue: March 7, 2016

ISSUE(S):

[REFRAMED] Whether the court of appeals erred in holding that property titled in the name of a judgment debtor's co-settled, revocable trust can also be the debtor's property and is therefore subject to liens obtained by his judgment creditors pursuant to section 13-52-102(1), C.R.S. 2015.

Page 6: the State of Colorado: The People of the State of Colorado, FFICE … · 2016-04-26 · For AmicI Curiae American Civil Liberties Union of Colorado, Colorado Immigrant Rights Coalition,

9:00 a.m.SUPREME COURT, STATE OF COLORADOOral Argument: Thursday, May 5, 2016 EN BANCBailiff: Justice Eid's Chambers

2013SC128 (1 HOUR)

Petitioner:

Bernardino Fuentes-Espinoza,

v.

Respondent:

The People of the State of Colorado.

For the Petitioner Bernardino Fuentes-Espinoza:Ned R Jaeckle, Deputy Public DefenderOFFICE OF THE PUBLIC DEFENDER

For the Respondent The People of the State of Colorado:John T. Lee, Assistant Attorney GeneralOFFICE OF THE ATTORNEY GENERAL

For AmicI Curiae American Civil Liberties Union of Colorado, Colorado Immigrant Rights Coalition,National Immigration Law Center, and South Carolina Appleseed Legal Justice Center:Nicholas EspirituNATIONAL IMMIGRATION LAW CENTERandHans Christopher MeyerTHE MEYER LAW OFFICE

Certiorari to the Colorado Court of Appeals, 2008CA1231Docketed: February 26, 2013At Issue: April 5, 2016

ISSUE(S):

Whether Colorado's human smuggling statute requires the prosecution to prove that the defendant was, in fact, engaged in smuggling humans in violation of immigration law.

Whether the Immigration and Nationality Act preempts Colorado's human smuggling statute and the trial court therefore was without jurisdiction.

Whether the court of appeals erred in holding that the appellant waived the claim that the Colorado human smuggling statute is preempted by the federal Immigration and Nationality Act.

Page 7: the State of Colorado: The People of the State of Colorado, FFICE … · 2016-04-26 · For AmicI Curiae American Civil Liberties Union of Colorado, Colorado Immigrant Rights Coalition,

10:00 a.m.SUPREME COURT, STATE OF COLORADOOral Argument: Thursday, May 5, 2016 EN BANCBailiff: Justice Eid's Chambers

2012SC832 (1 HOUR)

Petitioner:

Angelo Emilio Montoya,

v.

Respondent:

The People of the State of Colorado.

For the Petitioner Angelo Emilio Montoya:Elizabeth F Griffin, Deputy Public DefenderOFFICE OF THE PUBLIC DEFENDER For the Respondent The People of the State of Colorado:John T. Lee Assistant, Attorney GeneralOFFICE OF THE ATTORNEY GENERAL

Certiorari to the Colorado Court of Appeals, 2006CA1875Docketed: October 25, 2012At Issue: March 7, 2016

ISSUE(S):

Whether there was sufficient evidence to convict the defendant of accessory (after the fact) to murder, of attempted extreme indifference murder, and of reckless manslaughter.

Whether one can be convicted of both reckless manslaughter and accessory (after the fact) to the same murder.

Page 8: the State of Colorado: The People of the State of Colorado, FFICE … · 2016-04-26 · For AmicI Curiae American Civil Liberties Union of Colorado, Colorado Immigrant Rights Coalition,

1:30 p.m.SUPREME COURT, STATE OF COLORADOOral Argument: Thursday, May 5, 2016 EN BANCBailiff: Justice Eid's Chambers

2013SC582 (1 HOUR)

Petitioner:

The People of the State of Colorado,

v.

Respondent:

Lindsey Thomas Harding.

For the Petitioner The People of the State of Colorado:Nicole Dongieux WigginsCOLORADO ATTORNEY GENERAL

For the Respondent Lindsey Thomas Harding:Jud A Lohnes, Deputy Public DefenderOFFICE OF THE PUBLIC DEFENDER

Certiorari to the Colorado Court of Appeals, 2010CA1584Docketed: July 25, 2013At Issue: March 7, 2016

ISSUE(S):

[REFRAMED] Whether the court of appeals correctly interpreted an exception to the Rape Shield Statute in holding that evidence of the victim's prior sexual conduct with her peers provided an admissible motive to fabricate sexual assault allegations.

[REFRAMED] Whether the court of appeals correctly determined that the victim's statements to her mother regarding the sexual assault were inadmissible under the excited utterance exception to the hearsay rule.

Page 9: the State of Colorado: The People of the State of Colorado, FFICE … · 2016-04-26 · For AmicI Curiae American Civil Liberties Union of Colorado, Colorado Immigrant Rights Coalition,

2:30 p.m.SUPREME COURT, STATE OF COLORADOOral Argument: Thursday, May 5, 2016 EN BANCBailiff: Justice Eid's Chambers

2016SA8 (1 HOUR)

In Re:

Plaintiffs:

State of Colorado ex rel. Cynthia H. Coffman, Attorney General for the State of Colorado and Julie Ann Meade, Administrator, Uniform Consumer Credit Code,

v.

Defendants:

The Castle Law Group, LLC; Absolute Posting & Process Services, LLC; RE Records Research, LLC, d/b/a Real Estate Records Research; Colorado American Title, LLC; Lawrence E. Castle; Caren A. Castle; Ryan J. O'Connell; and Kathleen A. Benton.

For the Plaintiffs State of Colorado ex rel. Cynthia H. Coffman, Attorney General for the State of Colorado,Julie Ann Meade, Administrator, Uniform Consumer Credit Code:Erik Robert NeuschMark Leonard BoehmerLauren M. DickeyFrederick Richard YargerMegan Paris RundletAlissa Hecht GardenswartzOFFICE OF THE ATTORNEY GENERAL

For the Defendants The Castle Law Group, LLC, Lawrence E. Castle, and Caren A. Castle:James E. FoggOGBORN MIHM, LLPandLarry S PoznerTess Hand-BenderEllie LockwoodMichael Phillip RobertsonREILLY POZNER LLPandPhillip A VaglicaVAGLICA & ASSOCIATES, LLC

For the Defendants Absolute Posting & Process Services, LLC, Ryan J. O'Connell, and Kathleen A. Benton:Margaret Louise BoehmerAshley J. DevernaBilly-George Hertzke

SENTER GOLDFARB & RICE

B000ctr
Text Box
For the Defendants RE Records Research, LLC, d/b/a Real Estate Records Research, and Colorado American Title, LLC: Daniel James Vedra VEDRA WALI LLC
B000ctr
Text Box
B000ctr
Text Box
Original Proceeding, District Court, Denver District Court, 2014CV32763 ISSUE(S): Whether the trial court erred when it ruled sua sponte, as a matter of law, that charging high prices is not deceptive under Colorado consumer protection law so long as those prices are accurately disclosed. Whether the trial court erred in determining that the only amount it would consider for disgorgement would be the amount that could be traced back directly to the Castle Defendants, when all Defendants profited from the deceptive scheme, and whether the proper measure of disgorgement is gross receipts, not profits. Whether the trial court erred in making the rulings above without providing the State an opportunity to be heard.