SUPREME COURT, STATE OF COLORADO Oral Argument: Monday, September 17, 2018 Bailiff: Chambers of Chief Justice Coats. 9:00 a.m.

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1 SUPREME COURT, STATE OF COLORADO Oral Argument: Monday, September 17, 2018 Bailiff: Chambers of Chief Justice Coats 9:00 a.m. 2014SC997 (1 HOUR) Petitioner/Cross- Mark Alton Friend, Respondent/Cross- For the Petitioner/Cross-Respondent Mark Alton Friend: Jon Warren Grevillius Office of the Public Defender For the Respondent/Cross-Petitioner The People of the State of Colorado: Matthew Shone Holman, Assistant Attorney General Office of the Attorney General Certiorari to the Colorado Court of Appeals, 2009CA2536 Docketed: December 17, 2014 At Issue: June 4, 2018 Whether the court of appeals erred when it held that the defendant's double jeopardy claim was not waived and the trial court's failure to sua sponte merge the defendant's child abuse convictions constituted plain error. Whether child abuse causing death as part of a pattern of conduct under section (1)(a), (7)(a)(I), C.R.S. (2015), merges into first-degree murder child abuse under section (1)(f), C.R.S. (2015), when they are based onidentical evidence and the death results solely from accumulated injuries. Whether the court of appeals erred when it held that Colorado's child abuse statute, section , C.R.S. (2015),only provides alternative means of committing a single offense of child abuse; and the defendant may only be convicted ofa single count of child abuse for numerous acts of torture and abuse that took place at different times over several days.

2 SUPREME COURT, STATE OF COLORADO Oral Argument: Monday, September 17, 2018 Bailiff: Chambers of Chief Justice Coats 10:00 a.m. 2017SA130 (30 MINUTES) Plaintiffs-Appellees: The People of the State of Colorado, ex rel.; Dick Wolfe, State Engineer for the State of Colorado; and Craig Cotten, Division Engineer for Water Division No. 3; Defendant-Appellant: Robert Gregg Sease. For the Plaintiff-Appellees: Paul Louis Benington For the Defendant-Appellant: Erich Schwiesow ERICH SCHWIESOW PC and John Francis Rotole Richard Joseph Rotole ROTOLE ROTOLE BLANCHARD LLC Appeal from the District Court,, 2007CW53 Docketed: June 13, 2017 At Issue: April 12, 2018 Whether the trial court erred in finding both criminal and remedial contempt where there was no identification of Gregg Sease as the contemnor? Whether the trial court erred in shifting the burden of proof to Defendant. ***15 Minute Break ***

3 SUPREME COURT, STATE OF COLORADO Oral Argument: Monday, September 17, 2018 Bailiff: Chambers of Chief Justice Coats 10:45 a.m. 2016SC952 (40 MINUTES) Jared Cowen, For the Petitioner Jared Cowen: Julia Chamberlin OFFICE OF THE COLORADO STATE PUBLIC For the Respondent The People of the State of Colorado: Katharine Jackson Gillespie Certiorari to the Colorado Court of Appeals, 2014CA2354 Docketed: December 13, 2016 At Issue: May 17, 2018 Whether the court of appeals erred by affirming the trial court's imposition of restitution on an acquitted count for losses that did not result from the criminal conduct that was the basis for the petitioner's conviction.

4 SUPREME COURT, STATE OF COLORADO Oral Argument: Monday, September 17, 2018 Bailiff: Chambers of Chief Justice Coats 1:30 p.m. 2016SC75 (40 MINUTES) James Joseph Garner, For the Inga K Nelson COLORADO PUBLIC DEFENDER APPELLATE For the Jillian J Price For Amicus Curiae American Psychological Association: Michael John Patrick Hazel WILMERHALE and Kevin M Lamb Daniel S Volchok David W Ogden Wilmer Cutler Pickering Hale For Amicus Curiae The Innocence Project: Amy Dell Trenary APPEAL TO JUSTICE LLC and Eric K Klein JOHNSON KLEIN PLLC Certiorari to the Colorado Court of Appeals, 2012CA2540 Docketed: January 28, 2016 At Issue: May 15, 2018 [REFRAMED] Whether the court of appeals erred in affirming the trial court's admission of the in-court identifications of the defendant.

5 SUPREME COURT, STATE OF COLORADO Oral Argument: Tuesday, September 18, 2018 Bailiff: Chambers of Justice Márquez 9:00 a.m. 2015SC977 (1 HOUR) Robert Hull Marko, For the Petitioner Robert Hull Marko: Alan Michael Kratz COLORADO STATE PUBLIC DEFENDER For the Respondent The People of the State of Colorado: Rebecca Anne Adams OFFICE OF ATTORNEY GENERAL Certiorari to the Colorado Court of Appeals, 2011CA623 Docketed: November 19, 2015 At Issue: June 13, 2018 [REFRAMED] Whether a defendant who is in the military is in custody prior to being advised of his Miranda rights when ordered by a superior officer to attend an interrogation conducted by civilian police officers at a military police station. Whether the court of appeals erred in concluding that, pursuant to People Novotny, 2014 CO 18, the trial court's denial of Petitioner's challenge for cause of a prospective juror who could not fairly apply the law with respect to the insanity defense was not subject to reversal.

6 SUPREME COURT, STATE OF COLORADO Oral Argument: Tuesday, September 18, 2018 Bailiff: Chambers of Justice Márquez 10:00 a.m. 2017SC195 (30 MINUTES) The People of the State of Colorado, Rodolfo Lozano- Ruiz. For the Tanya A Karimi Doyle Jon Baker OFFICE OF THE DISTRICT ATTORNEY and Carleigh C Fite TESSA For the Elizabeth A McClintock MCCLINTOCK LAW FIRM LLC Certiorari to the District Court, El Paso County, 2016CV32107 Docketed: March 21, 2017 At Issue: July 20, 2018 [REFRAMED] Whether the district court erred in holding that omitting the definition of 'sexual penetration' from the jury instructions contributed to the conviction and therefore constituted reversible plain error. ***15 minute break***

7 SUPREME COURT, STATE OF COLORADO Oral Argument: Tuesday, September 18, 2018 Bailiff: Chambers of Justice Márquez 10:45 a.m. 2016SC653 (1 HOUR) Christopher Anthony Mountjoy, Jr, For the Jud A Lohnes OFFICE OF THE PUBLIC DEFENDER For the Brock J Swanson Certiorari to the Colorado Court of Appeals, 2013CA1215 Docketed: August 18, 2016 At Issue: May 21, 2018 Whether Apprendi New Jersey, 530 U.S. 466 (2000), and United States Gaudin, 515 U.S. 506 (1995), require a jury to make the ultimate determination of 'extraordinary aggravating circumstances' under Colorado's residual sentence aggravator, where the requisite finding presents a mixed question of law and fact. Whether a violation of the right to jury trial on a sentence aggravator can be harmless under Washington Recuenco, 548 U.S. 212 (2006), where the jury probably would have found the historical facts the judge relied on in finding the aggravator was present, but there is substantial doubt the jury would have drawn the ultimate conclusion that the historical facts proved the aggravator. Whether a violation of the right to a jury trial on a sentence aggravator can be harmless under Washington Recuenco, 548 U.S. 212 (2006), where the prosecution neither charged the aggravator in the information nor gave pre-verdict notice it sought aggravation.

8 SUPREME COURT, STATE OF COLORADO Oral Argument: Tuesday, September 18, 2018 Bailiff: Chambers of Justice Márquez 1:30 p.m. 2016SC515 (1 HOUR) The People of the State of Colorado, Erin D. Janis. For the Carmen Moraleda For the Gregory Dave Lansky THE LAW OFFICE OF GREGORY LANSKY LL Certiorari to the Colorado Court of Appeals, 2014CA1058 Docketed: June 30, 2016 At Issue: May 18, 2018 Whether an in-custody defendant's waiver of her right to be present at trial must be preceded by a formal advisement and waiver process, even though the record shows that the defendant chose not to be present during the victim's testimony. [REFRAMED] Whether there is sufficient evidence on the record to determine, under the totality of the circumstances, that the defendant knowingly, intelligently, and voluntarily waived her right to be present during the victim's testimony.