supreme court, state of colorado 9:00 a.m. oral …...bailiff: chief justice bender's chambers...

9:00 a.m.SUPREME COURT, STATE OF COLORADOOral Argument: Tuesday, December 4, 2012 EN BANCBailiff: Justice Boatright's Chambers

2010SC146 (50 MINUTES)

Petitioner:

The People of the State of Colorado,

v.

Respondent:

James Henry Hunter.

For the Petitioner The People of the State of Colorado:Katharine Jackson Gillespie, Assistant Attorney GeneralOffice of the Attorney General

For the Respondent James Henry Hunter:Joan Estelle Mounteer, Deputy Public DefenderOffice of the Public Defender

Certiorari to the Colorado Court of Appeals, 2008CA316Docketed: March 5, 2010At Issue: August 26, 2011

ISSUE(S):

Whether the court of appeals erred in its conclusion that, under section 18-3-414.5(1)(a), C.R.S. (2009) the victim and the defendant were not 'strangers' based on the circumstances of this case.

Whether the court of appeals should have made sexually violent predator findings on the alternate grounds that the defendant 'established or promoted a relationship' with the victim primarily for the purpose of sexual victimization. Alternatively, whether the appropriate remedy is to remand the case to the trial court for further findings.

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Old Supreme Court Chambers Colorado State Capitol



Petitioner:

David Uribe-Sanchez,

v.

Respondent:

The People of the State of Colorado.

For the Petitioner David Uribe-Sanchez:Elizabeth F Griffin, Deputy Public DefenderOffice of the Public Defender

For the Respondent The People of the State of Colorado:Katharine Jackson Gillespie, Assistant Attorney GeneralRhonda Lea White, Assistant Attorney GeneralOffice of the Attorney General

Certiorari to the Colorado Court of Appeals, 2007CA2513Docketed: May 4, 2009At Issue: July 2, 2010

ISSUE(S):

Whether the trial court erred in ruling that Petitioner 'promoted the relationship primarily for the purpose of sexual victimization,' as required to classify him a sexually violent predator pursuant to section 18-3-414.5(1)(a), by using violence in committing the sexual assault, and whether the court of appeals erred in avoiding this legal issue and affirming based upon its own unsupported and inadequate factual findings.

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Petitioner:

Rudolph Matthew Candelaria,

v.

Respondent:


For the Petitioner Rudolph Matthew Candelaria:Ellen Kay Eggleston, Deputy Public DefenderOffice of the Public Defender

For the Respondent The People of the State of Colorado:Katharine Jackson Gillespie, Assistant Attorney GeneralPaul Edward Koehler, Assistant Attorney GeneralRhonda Lea White, Assistant Attorney GeneralOffice of the Attorney General

Certiorari to the Colorado Court of Appeals, 2009CA1350Docketed: November 22, 2010At Issue: September 5, 2012

ISSUE(S):

Whether the trial court erroneously reached its sexually violent predator finding without making the scienter finding that is specifically required by People v. Stead, 66 P.3d 117 (Colo. App. 2002).

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1:30 p.m.SUPREME COURT, STATE OF COLORADOOral Argument: Tuesday, December 4, 2012 EN BANCBailiff: Justice Boatright's Chambers

2009SC1084 (1 HOUR)

Petitioner:


v.

Respondent:

Carlos Anthony Gallegos.

For the Petitioner The People of the State of Colorado:Katharine Jackson Gillespie, Assistant Attorney GeneralRhonda Lea White, Assistant Attorney GeneralOffice of the Attorney General

For the Respondent Carlos Anthony Gallegos:Leslie A Goldstein

Certiorari to the Colorado Court of Appeals, 2007CA2373Docketed: December 29, 2009At Issue: April 13, 2011

ISSUE(S):

Whether the court of appeals erred by not following the Sex Offender Management Board's criteria and creating its own dictionary definition of "established a relationship" under section 18-3-414.5(1)(a), C.R.S. (2009) and whether the court of appeals erred in its conclusion that the defendant did not meet the "established a relationship" criteria to be classified as a sexually violent predator.

Whether the court of appeals should have made findings on the alternate grounds that the defendant "promoted a relationship" with the victim primarily for the purpose of sexual victimization. Alternatively, whether the appropriate remedy is to remand the case to the trial court for further findings.

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9:00 a.m.SUPREME COURT, STATE OF COLORADOOral Argument: Wednesday, December 5, 2012 EN BANCBailiff: Chief Justice Bender's Chambers

2011SC29 (1 HOUR)

Petitioner:

Brandon David Allen,

v.

Respondent:


For the Petitioner Brandon David Allen:Karen Mahlman Gerash, Deputy Public DefenderOffice of the Public Defender

For the Respondent The People of the State of Colorado:Katharine Jackson Gillespie, Assistant Attorney GeneralOffice of the Attorney General

Certiorari to the Colorado Court of Appeals, 2008CA2098Docketed: January 10, 2011At Issue: October 12, 2012

ISSUE(S):

Whether a defendant may be found to be a sexually violent predator, contrary to the evaluator's conclusions and the recommendation of the risk assessment scales.

10:00 a.m.SUPREME COURT, STATE OF COLORADOOral Argument: Wednesday, December 5, 2012 EN BANCBailiff: Chief Justice Bender's Chambers


Petitioner:

Tyler LePage,

v.

Respondent:


For the Petitioner Tyler LePage:James Steiner Hardy, Deputy Public DefenderOffice of the Public Defender

For the Respondent The People of the State of Colorado:Ryan A. Crane, Assistant Attorney GeneralOffice of the Attorney General

Certiorari to the Colorado Court of Appeals, 2009CA676Docketed: April 4, 2011At Issue: October 15, 2012

ISSUE(S):

Whether the court of appeals erred in finding no reversible error where the trial court failed to give the jury the verdict form for the lesser included offense required by the evidence.

1:30 p.m.SUPREME COURT, STATE OF COLORADOOral Argument: Wednesday, December 5, 2012 EN BANCBailiff: Chief Justice Bender's Chambers

2012SA213 (1 HOUR)

Appellant:

Gary Larrieu,

v.

Appellee:

Best Buy Stores, L.P.

For the Appellant Gary Larrieu:Peter MoysonCheryl Louise TrineCHERYLTRINE LAW FIRM, LLCandDeborah L TaussigDEBORAH L. TAUSSIG, LLC

For the Appellee Best Buy Stores, L.P.:Krista Marie MaherLori K BellMONTGOMERY, KOLODNY, AMATUZIO & DUS

Docketed: July 10, 2012At Issue:

ISSUE(S):

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Does Colorado's Premises Liability Act, section 13-21-115, C.R.S. (2011), apply to injuries caused by a defendant-landowner's employee during an activity not directly or inherently related to the land?

9:00 a.m.SUPREME COURT, STATE OF COLORADOOral Argument: Thursday, December 6, 2012 EN BANCBailiff: Justice Hobbs' Chambers

2010SC218 (1 HOUR)

Petitioner/Cross-Respondent:


v.

Respondent/Cross-Petitioner:

Rhoderick Flockhart.

For the Petitioner/Cross-Respondent The People of the State of Colorado:John T. Lee, Assistant Attorney GeneralOffice of the Attorney General

For the Respondent/Cross-Petitioner Rhoderick Flockhart:Alan Michael Kratz, Deputy Public DefenderOffice of the Public Defender

Certiorari to the Colorado Court of Appeals, 2007CA312Docketed: April 2, 2010At Issue: September 26, 2012

ISSUE(S):

Whether the court of appeals erred in holding that a predeliberation instruction in a criminal case, allowing the jury to discuss the case before it is submitted to the jury, is a constitutional trial error.

Whether Colorado law requires challenges for cause to be raised outside the presence of the prospective jurors.

Whether the court of appeals erred in concluding that the trial judge did not need to recuse himself where he had, as a district attorney, recently unsuccessfully prosecuted Respondent/Cross-Petitioner on a similar charge.

Whether the court of appeals erred in remanding the case for a hearing where it held that a predeliberation instruction in a criminal case is constitutional trial error and it could not conclude the error was harmless beyond a reasonable doubt.

10:00 a.m.SUPREME COURT, STATE OF COLORADOOral Argument: Thursday, December 6, 2012 EN BANCBailiff: Justice Hobbs' Chambers

2011SC596 (1 HOUR)

Petitioner:

Dina D. Marshall,

v.

Respondent:


For the Petitioner Dina D. Marshall:Jacob Robert LofgrenMaria LiuCOLLINS, LIU & LYONS, LLP

For the Respondent The People of the State of Colorado:Michael J Milne, Deputy District Attorney17TH JUDICIAL DIST ATTYS OFFICE

For Amicus Curiae Colorado Criminal Defense BarDaniel Edward LuneauCHARLES L. FIFE & ASSOCIATES, P.C.andShawn Eric GillumTHE ORR LAW FIRM, L.L.C.

Certiorari to the District Court, Adams County, 2008T 3915Docketed: August 23, 2011At Issue: September 12, 2012

ISSUE(S):

Whether the denial of a motion for judgment of acquittal was in error where no evidence was presented in support of the charge of possession of drug paraphernalia.

Whether the appearance of a laboratory supervisor that reviewed and approved test results completed by another technician is sufficient to satisfy section 16-3-309(5), C.R.S. (2011).

Whether, in light of the United States Supreme Court's recent decision in Bullcoming v. New Mexico, 131 S.Ct. 2705 (2011), the appearance of a laboratory supervisor that reviewed and approved test results completed by another technician is sufficient to satisfy the Confrontation Clause of the United States Constitution.

supreme court, state of colorado 9:00 a.m. oral …...bailiff: chief justice bender's chambers...

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