SUPREME COURT, STATE OF COLORADO Oral Argument: Tuesday, December 11, 2018 Bailiff: Chambers of Justice Samour. 9:00 a.m. EN BANC 2015SC180 (1 HOUR)

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1 Oral Argument: Tuesday, December 11, 2018 Bailiff: Chambers of Justice Samour 9:00 a.m. 2015SC180 (1 HOUR) Bob Junior Maestas, For the Sarah A Kellogg Deputy Public Defender Office of the Public Defender For the Brock J Swanson Gabriel P Olivares OFFICE OF THE ATTORNEY GENERAL Certiorari to the Colorado Court of Appeals, 2011CA2084 Docketed: March 10, 2015 [[REFRAMED ISSUE] Whether a sufficiency of the evidence challenge that was preserved at trial by general motion for judgment of acquittal, but depends on a question of statutory interpretation raised for the first time on appeal, should be reviewed for plain error only. REFRAMED ISSUE] If so, whether such review violates this petitioner's right to due process.

2 Oral Argument: Tuesday, December 11, 2018 Bailiff: Chambers of Justice Samour 10:00 a.m. 2015SC1095 (1 HOUR) David Lewis McCoy, For the Jon Warren Grevillius OFFICE OF THE PUBLIC DEFENDER For the Melissa Dick Allen OFFICE OF THE ATTORNEY GENERAL Certiorari to the Colorado Court of Appeals, 2011CA1795 Docketed: December 31, 2015 [REFRAMED] Whether the court of appeals erred in concluding section (1)(g), C.R.S. (2016), is not limited to conduct that occurs within a physician-patient relationship or during a medical treatment or medical examination. [REFRAMED] Whether the court of appeals' interpretation of section (1)(g) renders the statute unconstitutionally overbroad. [REFRAMED] Whether the court of appeals' interpretation of section (1)(g) renders the statute unconstitutionally vague. [ADDITIONAL ISSUE] Whether the court of appeals correctly concluded that sufficiency of the evidence claims are not subject to plain error review. [REFRAMED] Whether the court of appeals erred in concluding that the prosecution presented sufficient evidence to sustain the defendant's two convictions under section (1)(g).

3 Oral Argument: Tuesday, December 11, 2018 Bailiff: Chambers of Justice Samour 1:00 p.m. 2017SC66 (1 HOUR) The People of the State of Colorado, In the Interest of T. B.. For the Kevin E McReynolds COLORADO ATTORNEY GENERALS OFFICE For the Kathleen Anne Lord LORD LAW FIRM LLC Certiorari to the Colorado Court of Appeals, 2014CA1142 Docketed: January 26, 2017 [REFRAMED] Whether the court of appeals correctly applied de novo review to the defendant's unpreserved sufficiencyof-the-evidence challenge to his adjudication for sexual exploitation of a child. [REFRAMED] Whether the court of appeals misconstrued section (3)(b.5), C.R.S. (2016), in concluding that the evidence was sufficient to support the juvenile defendant's adjudication for sexual exploitation of a child.

4 Oral Argument: Tuesday, December 11, 2018 Bailiff: Chambers of Justice Samour 2:00 p.m. 2015SC997 (1 HOUR) Frank M. Orona, For the Alan Michael Kratz OFFICE OF THE PUBLIC DEFENDER For the L Andrew Cooper Majid Yazdi Michael David McMaster COLORADO DEPT. OF LAW Certiorari to the Colorado Court of Appeals, 2012CA1895 Docketed: November 27, 2015 At Issue: October 29, 2018 [ADDITIONAL ISSUE] Whether the division erred by concluding that the claim in petitioner's post-conviction motion had already been raised and resolved, thereby making his motion successive under Crim. P. 35(c)(3)(VI). Whether the division erred by refusing to conclude, pursuant to this court's decision in People Harlan, 8 P.3d 448 (Colo. 2000), that petitioner was entitled to a new trial where the jury was erroneously instructed that the substantial evidence of voluntary intoxication could not negate the essential element of after-deliberation.

5 Oral Argument: Wednesday, December 12, 2018 Bailiff: Chambers of Chief Justice Coats 9:00 a.m. 2017SA285 (1 HOUR) Petitioners: Cynthia H. Coffman, Colorado Attorney General; Jason Lengerich, Warden of Buena Vista Correctional Facility; and Rick Raemisch, Executive Director of the Colorado Department of Corrections; Scott Edward Diehl. For the Petitioners: John Allen Vanlandschoot OFFICE OF THE COLORADO ATTORNEY GENERAL For the Jonathan Dickon Reppucci REPPUCCI LAW FIRM P. C. and April Meredith Elliott THE LAW OFFICE OF APRIL M. ELLIOTT Appeal from the District Court, Chaffee County, 2016CV30043 Docketed: December 8, 2017 Whether the Department is required to include statutorily discharged prison components as part of an offender s one continuous sentence for purposes of time computation? Whether the Department is required to calculate Diehl s sentence consistent with a time computation example stated in the Final Order?

6 Oral Argument: Wednesday, December 12, 2018 Bailiff: Chambers of Chief Justice Coats 10:00 a.m. 2017SC584 (1 HOUR) The People of the State of Colorado, Kevin Keith McKnight. For the Paul Edward Koehler COLORADO DEPT. OF LAW For the John Byram Plimpton OFFICE OF THE PUBLIC DEFENDER Certiorari to the Colorado Court of Appeals, 2016CA50 Docketed: August 18, 2017 At Issue: November 15, 2018 [REFRAMED] Whether, given marijuana's status as legal in some regards under state law and illegal under federal law,marijuana is 'contraband' for the purpose of a drug-detection dog's sniff. [REFRAMED] Whether an alert by a drug-detection dog that is trained to detect marijuana and other controlled substances can supply probable cause to justify a search.

7 Oral Argument: Wednesday, December 12, 2018 Bailiff: Chambers of Chief Justice Coats 1:00 p.m. 2016SC88 (1 HOUR) Jeremy Keith Sharrow, For the Petitioner Jeremy Keith Sharrow: Ned R Jaeckle COLORADO STATE PUBLIC DEFENDER For the Respondent The People of the State of Colorado: Gabriel P Olivares COLORADO DEPARTMENT OF LAW Certiorari to the Colorado Court of Appeals, 2013CA1164 Docketed: February 3, 2016 [REFRAMED] Whether the court of appeals erred in concluding that, in the circumstances of this case, the trial court did not need to find that the petitioner had the financial ability to comply with the obligations of his probation before revoking probation. [ADDITIONAL ISSUE] If so, whether the trial court applied the correct standard to find that the petitioner has the ability to pay.

8 Oral Argument: Wednesday, December 12, 2018 Bailiff: Chambers of Chief Justice Coats 2:00 p.m. 2015SC877 (1 HOUR) William Kutzly, For the Petitioner William Kutzly: Tracy C Renner COLORADO STATE PUBLIC DEFENDER - AP For the Respondent The People of the State of Colorado: John T Lee OFFICE OF THE ATTORNEY GENERAL Certiorari to the Colorado Court of Appeals, 2011CA2471 Docketed: October 15, 2015 [REFRAMED] Whether the court of appeals erred in applying People Schreck, 22 P.3d 68 (Colo. 2001), in evaluatingthe admissibility of experience-based testimony under CRE 702. [REFRAMED] Whether expert testimony by a licensed social worker regarding the common characteristics of (1) child sexual assault victims and (2) adult sexual offenders was inadmissible because it was not reliable.