supreme court, state of colorado 9:00 a.m. · supreme court, state of colorado 1:30 p.m. oral...

9:00 a.m.SUPREME COURT, STATE OF COLORADOOral Argument: Tuesday, November 29, 2011 EN BANC

Old Supreme Court ChambersDenver, CO

2010SC187 (1 HOUR)

Petitioners:

Betty G. Amos and The Estate of Thomas R. Righetti,

v.

Respondents:

Aspen Alps 123, LLC and Equitable Bank.

For the Petitioners Betty G. Amos and the Estate of Thomas R. Righetti:Wiley Edward MayneChristopher James HeapheyHOLLAND & HART, LLP

For the Respondent Aspen Alps 123, LLC:Matthew Conor FergusonChristopher D BryanGARFIELD & HECHT PC

For the Respondent Equitable Bank:Richard Frank RodriguezDUNCAN OSTRANDER & DINGESS, PCandJames BirchSPECIAL COUNSEL TO: DUNCAN OSTRANDER

Certiorari to the Colorado Court of Appeals, 2008CA2009Docketed: March 18, 2010At Issue: July 20, 2011

ISSUE(S):

Whether the court may award the foreclosed property to one of the conspirators rather than void the sale when bidders at a public foreclosure sale conspired to rig the bidding in violation of the Colorado Antitrust Act and the resulting deed is void.

Whether a foreclosing bank's material failure to comply with C.R.C.P. 120's requirements to identify and give notice to all interested parties voids the resulting foreclosure sale.



2010SC254 (30 MINUTES)

Petitioner:

M. T.,

v.

Respondent:

The People of the State of Colorado.

For the Petitioner M. T.:Philip Alan ChernerPHILIP A CHERNER ESQ

For the Respondent The People of the State of Colorado:Michael J Milne Russell A. Wentworth 17TH JUDICIAL DISTRICT ATTORNEY'S OFFICE

For Amicus Curiae Colorado Criminal Defense BarVioleta Raquel ChapinUNIVERSITY OF COLORADO LAW SCHOOL,

Certiorari to the Colorado Court of Appeals, 2009CA710Docketed: April 21, 2010At Issue: April 25, 2011

ISSUE(S):

Whether a successfully completed deferred judgment for a sex offense is a 'conviction' for purposes of 24-72-308(3)(c), C.R.S. (2010), which bars the sealing of criminal records pertaining to convictions involving unlawful sexual behavior.



2010SC504 (1 HOUR)

Petitioners:

Steven Pham, as personal representative of the estate of Louis Diep Pham, deceased; Kinh B. Pham, natural parent of Louis Diep Pham, deceased; La T. Bui, natural parent of Louis Diep Pham, deceased; Vu Duy Nguyen; Kieu Trang Thi-Do; Khanh Ba Pham; Bang Le; and Minh Ngoc Ha;

v.

Respondents:

State Farm Mutual Automobile Insurance Company and Erwin Ovidid Guerra.

For the Petitioners Steven Pham, as personal representative of the estate of Louis Diep Pham, deceased; Kinh B. Pham, natural parent of Louis Diep Pham, deceased; La T. Bui, natural parent of Louis Diep Pham, deceased:William W MuhrWILLIAM MUHR LLC

For the Respondent State Farm Mutual Automobile Insurance Company:Karl Andrew ChambersThomas John SeamanSEAMAN & CHAMBERS, PC

Certiorari to the Colorado Court of Appeals, 2009CA768Docketed: July 30, 2010At Issue: October 6, 2011

ISSUE(S):

Whether the court of appeals erred in holding that the statute of limitations governing actions or arbitrations for underinsured motorist insurance claims begins to run when insureds receive payment from one insurer liable for the tortfeasor's actions, even while the insureds seek recovery from a different insurer who may also be liable for the tortfeasor's actions.

1:30 p.m.SUPREME COURT, STATE OF COLORADOOral Argument: Tuesday, November 29, 2011 EN BANC


2010SC386 (1 HOUR)

Petitioner:

Thomas Lynn O'Hara, III,

v.

Respondent:


For the Petitioner Thomas Lynn O'Hara:Davide Carlton MigliaccioDAVIDE C MIGLIACCIO ATTY AT LAW

For the Respondent The People of the State of Colorado:Katherine A Hansen OFFICE OF THE ATTORNEY GENERAL

Certiorari to the Colorado Court of Appeals, 2007CA2311Docketed: June 14, 2010At Issue: September 27, 2011

ISSUE(S):

Whether the court of appeals erroneously held that the elected district attorney need not personally apply for a wiretap, but need only give actual authorization, contrary to the requirements of both state and federal statutes, and the holding of this court in People v. Milnes, 186 Colo. 416, 527 P.2d 1163, 1167 (Colo. 1974).

Whether the court of appeals further improperly modified this Court's requirement that the district attorney personally apply for any extensions, by holding that because applications for extensions of the original wiretap order incorporated the initial application, and were submitted pursuant to the same procedures as the initial application, the extensions stand or fall with the lawfulness of the original order.

Whether the court of appeals erred in reversing the opinion below, on rehearing, based on an argument which was never raised, either at the trial court level or on appeal, before the petition for rehearing, and based on extra-record factual representations by the attorney general.

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9:00 a.m.SUPREME COURT, STATE OF COLORADOOral Argument: Wednesday, November 30, 2011 EN BANCBailiff: Chief Justice Bender's Chambers

2010SC409 (1 HOUR)

Petitioner:

Jack Sunahara, Jr.,

v.

Respondent:

State Farm Mutual Automobile Insurance Company.

For the Petitioner Jack Sunahara, Jr.:Deirdre Elizabeth OstrowskiMichael O'Brien KeatingFOGEL,KEATING,WAGNER,POLIDORI

For the Respondent State Farm Mutual Automobile Insurance Company:John R RodmanMichael Caleb MeyerBrendan Patrick RodmanJOHN R RODMAN & ASSOCIATES

For Amicus Curiae Colorado Civil Justice LeagueLee Allen MickusSNELL & WILMER LLPFor Amicus Curiae Colorado Trial Lawyers AssociationAnthony J ViorstTHE VIORST LAW OFFICES, P.C. For Amicus Curiae Kaiser Foundation Health Plan of ColoradoJerome R GeraghtyJohn L ConklinMARTIN CONKLIN, P.C.

Certiorari to the Colorado Court of Appeals, 2009CA599Docketed: June 21, 2010At Issue: August 29, 2011

ISSUE(S):

Whether the court of appeals erred in ruling that respondent's claim file and other documentation that attributed fault to the tortfeasor were not discoverable and were inadmissible.

Whether the court of appeals erred in holding that the amount accepted in full payment for medical treatment was admissible in light of Kendall v. Hargrave, 142 Colo. 120, 123, 349 P.2d 993, 994 (1960) and its progeny, the common law

(10)(a), C.R.S. (2010).

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2010SC516 (1 HOUR)

Petitioner:

Wal-Mart Stores, Inc.,

v.

Respondent:

Larry Crossgrove.

For the Petitioner Wal-Mart Stores, Inc.:Steven Ross HellingA Peter GregoryHeather Aimee SalgHARRIS,KARSTAEDT, JAMISON & POWERS

For the Respondent Larry Crossgrove:Robert O FischelJon Neil BarclayFRANKLIN D. AZAR & ASSOCIATES, P.C.

For Amicus Curiae Colorado Defense Lawyers AssociationTodd Laurence VriesmanMONTGOMERY, KOLODNY, AMATUZIO For Amicus Curiae Colorado Trial Lawyers AssociationAnthony J ViorstTHE VIORST LAW OFFICES, P.C. For Amicus Curiae Copic Insurance CompanyAndrew M LowKyle Wesley BrentonDAVIS GRAHAM & STUBBS LLP

Certiorari to the Colorado Court of Appeals, 2009CA689Docketed: August 3, 2010At Issue: August 15, 2011

ISSUE(S):

Whether the court of appeals erred in holding that the amount accepted in full payment for medical treatment was inadmissible in light of Kendall v. Hargrave, 142 Colo. 120, 123, 349 P.2d 993, 994 (1960) and its progeny, the common

135(10)(a), C.R.S. (2010).

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2011SA51 (30 MINUTES)

In Re:

Plaintiff:

Donald Francis Smith,

v.

Defendants:

Michael D. Jeppsen and Virginia S. Benincosa,

and

Intervenor:

State Farm Mutual Automobile Insurance.

For the Plaintiff Donald Francis Smith:Thomas Joseph TomazinTHOMAS J. TOMAZIN, P.C.

For the Defendant Michael D. Jeppsen:Franklin Delanor PattersonBrian Douglas KennedyPATTERSON, NUSS & SEYMOUR, P.C.

For the Intervenor State Farm Mutual Automobile Insurance:Karl Andrew ChambersThomas John SeamanSEAMAN & CHAMBERS, PC

For Amicus Curiae Colorado Trial Lawyers AssociationAnthony J ViorstTHE VIORST LAW OFFICES, P.C. HOCHST

Original Proceeding, District Court, Arapahoe County, 2008CV671Docketed: February 23, 2011At Issue: July 15, 2011

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1:30 p.m.SUPREME COURT, STATE OF COLORADOOral Argument: Wednesday, November 30, 2011 EN BANCBailiff: Chief Justice Bender's Chambers

2010SC532 (1 HOUR)

Petitioners:

Colorado Oil and Gas Conservation Commission and David Neslin, in his official capacity as Acting Director of the Colorado Oil and Gas Conservation Commission,

v.

Respondents:

Grand Valley Citizens' Alliance, Cary Weldon, Ruth Weldon, Wesley Kent, Marcia Kent, and Western Colorado Congress.

For the Petitioners Colorado Oil and Gas Conservation Commission and David Neslin, in his official capacity as Acting Director of the Colorado Oil and Gas Conservation Commission:Cheryl Ann LindenCasey ShpallDaniel Desmond DomenicoMatthew J Lepore OFFICE OF THE ATTORNEY GENERAL

For the Respondents Grand Valley Citizens' Alliance; Cary Weldon; Ruth Weldon; Wesley Kent; Marcia Kent;and Western Colorado Congress:Julie N. RichardsGODFREY & LAPUYADE PCandMartha Moore TierneyHEIZER PAUL GRUESKIN, LLPandLuke Jeffries DanielsonLAW OFFICES OF LUKE DANIELSONandPaul A ZoggPAUL ZOGG For Amicus Curiae Board of County Commissioners of the County of Gunnison, ColoradoDavid Mark Baumgarten, County AttorneyCOUNTY ATTORNEY OFFICE For Amicus Curiae Board of Commissioners of Garfield County, ColoradoCassandra Coleman, Assistant County Attorney GARFIELD COUNTY ATTORNEY'S OFFICE

1:30 p.m.SUPREME COURT, STATE OF COLORADOOral Argument: Wednesday, November 30, 2011 EN BANCBailiff: Chief Justice Bender's Chambers

For Amicus Curiae Board of County Commissioners of Pitkin CountyDavid Mark Baumgarten, County AttorneyCOUNTY ATTORNEY OFFICE Michael Stephen FreemanEARTHJUSTICE Christopher Giles Seldin, Assistant County AttorneyPITKIN COUNTY ATTORNEY'S OFFICE Steven Joel Zwick SAN MIGUEL COUNTY ATTY For Amicus Curiae Board of County Commissioners of the County of Weld, ColoradoBruce Thomas BarkerWELD COUNTY ATTORNEYS OFFICE For Amicus Curiae Board of County Commissioners of the County of Yuma, ColoradoMichael Kelly Grinnan For Amicus Curiae Colorado Oil and Gas AssociationKenneth A WonstolenRuth M. MooreBEATTY & WOZNIAK, PC For Amicus Curiae Earthworks Oil and Gas Accountability Project; San Juan Citizens Alliance;San Luis Valley Citizens Alliance Michael Stephen FreemanEARTHJUSTICE

Certiorari to the Colorado Court of Appeals, 2009CA1195Docketed: August 9, 2010At Issue: August 19, 2011

ISSUE(S):

Whether the court of appeals erred by substituting its interpretation of the Colorado Oil and Gas Conservation Act, which divests the Colorado Oil and Gas Conservation Commission of discretion to establish, by rule, reasonable limits on who may invoke the Commission's jurisdiction to initiate an adjudicatory hearing on applications for permits to drill, for the Commission's longstanding and reasonable interpretation of its enabling legislation.

Whether the court of appeals erred by basing its decision on its interpretation of a single sentence of a comprehensive legislative scheme rather than construing the Act as a whole and without considering the consequences of its construction

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Whether the court of appeals erred by substituting its interpretation of the Colorado Oil and Gas Conservation Act, which divests the Colorado Oil and Gas Conservation Commission of discretion to establish, by rule, reasonable limits on who may invoke the Commission's jurisdiction to initiate an adjudicatory hearing on applications for permits to drill, for the Commission's longstanding and reasonable interpretation of its enabling legislation. Whether the court of appeals erred by basing its decision on its interpretation of a single sentence of a comprehensive legislative scheme rather than construing the Act as a whole and without considering the consequences of its construction or the overall goal of the statutory scheme.

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9:00 a.m.SUPREME COURT, STATE OF COLORADOOral Argument: Thursday, December 1, 2011 EN BANCBailiff: Justice Hobbs' Chambers

2010SC72 (1 HOUR)

Petitioner:

Joseph Paul Lucero,

v.

Respondent:


For the Petitioner Joseph Paul Lucero:Ned R Jaeckle Office of the Public Defender

For the Respondent The People of the State of Colorado:John D Seidel Office of the Attorney General

Certiorari to the Colorado Court of Appeals, 2005CA2142Docketed: January 25, 2010At Issue: September 1, 2011

ISSUE(S):

Whether the court of appeals properly declined to apply Roberts v. People, 203 P.3d 513 (Colo. 2009), decided while this case was on direct appeal, and instead upheld the defendant's theft convictions by applying a plain error standard of review and finding no plain error.

Whether evidence from which it could be inferred that the defendant stole a gun, among other items, as part of a burglary satisfies the element of being 'armed with a deadly weapon' under the first-degree burglary statute.

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Old Supreme Court Chambers Denver, CO


2010SC294 (1 HOUR)

Petitioner:

Mark Anthony Montez,

v.

Respondent:


For the Petitioner Mark Anthony Montez:Elizabeth F Griffin Office of the Public Defender

For the Respondent The People of the State of Colorado:John D Seidel Ryan A. Crane Office of the Attorney General

Certiorari to the Colorado Court of Appeals, 2007CA139Docketed: May 3, 2010At Issue: October 17, 2011

ISSUE(S):

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Whether one is 'armed with a deadly weapon' for purposes of first-degree burglary by virtue of stealing a closed case containing two unloaded guns and no ammunition.

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Old Supreme Court Chambers Denver, CO



2011SC842 (1 HOUR)

Petitioners:

Kathryn H. Hall; Danny E. Stroud; Dick R. Murphy, Ph.D.; Mark D. Hillman; Mark Baisley; Shirley J. Seitz; and Wayne W. Williams;

v.

Respondents:

Dominick Moreno; Christine Le Lait; William N. Patterson; Rita Mahoney; Roger Clark; Kristi Matsunaka; Mikel Whitney; and Scott Gessler, in his official capacity as Colorado Secretary of State;

and

Intervenors:

Board of County Commissioners of the County of Douglas, State of Colorado, a body politic and corporate; City of Aurora; Mayor Edward J. Tauer, in his official capacity as Mayor of the City of Aurora; Colorado Latino Forum, a Colorado non-profit corporation; Colorado Hispanic Bar Association; a Colorado non-profit corporation; and Bill Thiebaut.

For the Petitioners Kathryn H. Hall; Danny E. Stroud; Dick R. Murphy, Ph.D.; Mark D. Hillman; Mark Baisley; Shirley J. Seitz andWayne W. Williams:Allan Lemont HaleRichard Allen WestfallPeter KrumholzChristopher M. McNicholasMatthew W. SpenglerHALE WESTFALL, LLP

For the Respondents Dominick Moreno;Christine Le Lait; William N. Patterson; Rita Mahoney and Mikel Whitney::Mark Gary GrueskinMartha Moore TierneyLila Marie BatemanHEIZER PAUL GRUESKIN, LLP

For the Respondent Scott Gessler, in his official capacity as Colorado Secretary of State:Maurice G. Knaizer, Assistant Attorney GeneralLeeann Morrill, Assistant Attorney GeneralOFFICE OF THE ATTORNEY GENERAL

For the Intervenor Board of County Commissioners of the County of Douglas, State of Colorado, a body politic and corporate: Kelly Dunnaway Lance Jeffrey Ingalls DOUGLAS COUNTY ATTORNEYS OFFICE For the Intervenors City of Aurora and Mayor Edward J. Tauer, in his official capacity as Mayor of the City of Aurora: Billy Ray Stiggers Charles Herbert Richardson AURORA CITY ATTORNEY'S OFFICE Michael Francis Feeley Martha L. Fitzgerald Hubert A Farbes BROWNSTEIN HYATT FARBER SCHRECK


For the Intervenors Colorado Latino Forum, a Colorado non-profit corporation and Colorado Hispanic Bar Association, a Colorado non-profit corporation:John D. ShivelyRegina M. RodriguezJames Robert SpaanstraThomas W. CarrollFAEGRE & BENSON, LLP

For the Intervenor Bill Thiebaut:Stanley Toshi MatsunakaCLARK WILLIAMS MATSUNAKA PATTERSON

Certiorari to the Colorado Court of Appeals, 2011CA2341Docketed: November 16, 2011At Issue: November 28, 2011

supreme court, state of colorado 9:00 a.m. · supreme court, state of colorado 1:30 p.m. oral...

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