Oral Argument: Tuesday, December 8, 2015 Bailiff: 2011SC878 (44 MINUTES)

Transcription

1 Oral Argument: Tuesday, December 8, :00 a.m. 2011SC878 (44 MINUTES) Petitioner: Julio Venalonzo, a/k/a Melvin Manzanares(z), Respondent: The People of the State of Colorado. For the Petitioner Julio Venalonzo, a/k/a Melvin Manzanares(z): Tracy C. Renner, Deputy Public Defender Office of the Public Defender For the Respondent The People of the State of Colorado: Majid Yazdi, Assistant Attorney General Office of the Attorney General Certiorari to the Colorado Court of Appeals, 2007CA882 Docketed: November 28, 2011 Whether the court of appeals erred departed from the longsting rule against testimony that a witness is telling the truth on a specific occasion by permitting testimony about the credibility of the child accusers in this case. Whether the court of appeals erred when it held that the testimony of a child forensic interviewer was lay opinion testimony therefore was not subject to the admissibility discovery requirements for expert witnesses.

2 Oral Argument: Tuesday, December 8, :45 a.m. 2012SC102 (44 MINUTES) Petitioner: Anthony Edwin Marsh, Respondent: The People of the State of Colorado. For the Petitioner Anthony Edwin Marsh: Anne T. Amicarella COLORADO STATE PUBLIC DEFENDER For the Respondent The People of the State of Colorado: John T. Lee, Assistant Attorney General OFFICE OF THE ATTORNEY GENERAL Certiorari to the Colorado Court of Appeals, 2008CA1884 Docketed: February 6, 2012 Whether the court of appeals erred when it held that the testimony of a child forensic interviewer was lay opinion testimony therefore was not subject to the admissibility discovery requirements for expert witnesses. Whether images automatically stored by a computer in its Internet cache are sufficient, without additional evidence of a defendant's awareness of the cache or evidence of a defendant's affirmative conduct such as downloading or saving such images, to establish 'knowing possession' under section , C.R.S. (2012).

3 Oral Argument: Tuesday, December 8, :30 a.m. 2015SA26 (1 HOUR) Concerning the Application for Water Rights of the Upper Eagle Regional Water Authority in the Eagle River in Eagle County, Colorado Applicant-Appellant: Upper Eagle Regional Water Authority, Opposers-Appellees: Alan Martellaro, Division 5 Engineer Dick Wolfe, State Engineer. For the Applicant-Appellant Upper Eagle Regional Water Authority: Kevin J Kinnear Glenn Edward Porzak PORZAK BROWNING & BUSHONG, LLP For the Opposer-Appellees Alan Martellaro, Division 5 Engineer, Dick Wolfe, State Engineer: Paul Louis Benington First Assistant Attorney General OFFICE OF THE ATTORNEY GENERAL Derek L. Turner Assistant Attorney General Jeffrey Neel Crian Assistant Attorney General Office of the Attorney General Appeal from the District Court,, 2004CW236 Docketed: January 28, 2015

4 Oral Argument: Tuesday, December 8, :30 p.m. 2015SA292 (1 HOUR) Petitioners-Appellants: Kent Carson, James Gil Tisue, Dale Pass, Respondents-Appellees: Sheila Reiner, as Clerk Recorder for the County of Mesa, Colorado Terri Wells, as Designated Election Official for Mesa County Valley School District 51, Intervenor-Appellee: Paul Pitton. For the Petitioners-Appellants Kent Carson, James Gil Tisue, Dale Pass: Mario Daniel Nicolais HACKSTAFF & SNOW, LLC For the Respondent-Appellee Sheila Reiner, as Clerk Recorder for the County of Mesa, Colorado: John Patrick Coleman Andrea Nina Atencio MESA COUNTY ATTORNEYS OFFICE For the Respondent-Appellee Terri Wells, as Designated Election Official for Mesa County Valley School District 51: Tammy Marie Eret HOSKIN FARINA & KAMPF, P.C. For the Intervenor-Appellee Paul Pitton: Barbara Rose Butler William S Deford DUFFORD, WALDECK, MILBURN & KROHN Appeal from the District Court, Mesa County, 2015CV30710 Docketed: November 3, 2015 At Issue: November 30, 2015

5 Oral Argument: Wednesday, December 9, :00 a.m. 2015SC667 (1 HOUR) Petitioners: City of Longmont Colorado; Food Water Watch; Sierra Club; Earthworks; Our Health, Our Future, Our Longmont; Respondents: Colorado Oil Gas Association, Colorado Oil Gas Conservation Commission, Top Operating Company. For the Petitioner City of Longmont Colorado: Daniel Evan Kramer Eugene T Mei LONGMONT CITY ATTORNEY'S OFFICE Phillip Dean Barber PHILLIP D BARBER, PC For the Petitioners Food Water Watch, Our Health, Our Future, Our Longmont: Kevin J. Lynch Brad Arthur Bartlett Timothy M. Estep UNIVERSITY OF DENVER For the Petitioners Sierra Club Earthworks: Eric Eugene Huber SIERRA CLUB Kevin J. Lynch Timothy M. Estep Brad Arthur Bartlett UNIVERSITY OF DENVER For the Respondent Colorado Oil Gas Association: Karen Leather Spaulding BEATTY & WOZNIAK, P.C.

6 Oral Argument: Wednesday, December 9, :00 a.m. For the Respondent Colorado Oil Gas Conservation Commission: John Edward Matter Julie Marie Murphy OFFICE OF THE ATTORNEY GENERAL Michael Lee Francisco MRDLAW For the Respondent Top Operating Company: Thomas J Kimmell ZARLENGO & KIMMELL P.C. For Amicus Curiae Board of County Commissioners of the County of Boulder, State of Colorado: Jeffery Philip Robbins GOLDMAN ROBBINS & NICHOLSON PC For Amicus Curiae City of Boulder: Thomas Acquinas Carr BOULDER CITY ATTORNEY For Amicus Curiae Colorado Concern, Denver Metro Chamber of Commerce, Colorado Competitive Council, Colorado Motor Carriers Association Colorado Farm Bureau: Jason R Dunn BROWNSTEIN HYATT FARBER SCHRECK For Amicus Curiae Colorado Municipal League: Geoffrey Tyler Wilson COLORADO MUNICIPAL LEAGUE For Amicus Curiae Mountian States Legal Foundation: Jaimie Nam Lee Cavanaugh Steven James Lechner MOUNTAIN STATES LEGAL FOUNDATION Certiorari to the Colorado Court of Appeals, 2014CA1759 Docketed: August 17, 2015

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8 Oral Argument: Wednesday, December 9, :00 a.m. 2015SC668 (1 HOUR) Petitioner: City of Fort Collins Colorado, Respondent: Colorado Oil Gas Association. For the Petitioner City of Fort Collins Colorado: John R Duval Carrie Mineart Daggett CITY OF FORT COLLINS Barbara J Green John Thomas Sullivan SULLIVAN GREEN SEAVY, LLC For the Respondent Colorado Oil Gas Association: Mark Mathews Justin L. Cohen Wayne F Forman BROWNSTEIN HYATT FARBER SCHRECK For Amicus Curiae American Petroleum Institute: Richard Carl Kaufman Allison Pofit Altaras RYLEY CARLOCK & APPLEWHITE For Amicus Curiae Board of County Commissioners of the County of Boulder, State of Colorado: Jeffery Philip Robbins GOLDMAN ROBBINS & NICHOLSON PC For Amicus Curiae Citizens for a Healthy Fort Collins, Sierra Club Earthworks: Kevin J. Lynch Brad Arthur Bartlett UNIVERSITY OF DENVER For Amicus Curiae City of Boulder: Thomas Acquinas Carr BOULDER CITY ATTORNEY For Amicus Curiae Colorado Concern, Denver Metro Chamber of Commerce, Colorado Competitive Council, Colorado Motor Carriers Association Colorado Farm Bureau: Jason R Dunn BROWNSTEIN HYATT FARBER SCHRECK For Amicus Curiae Colorado Municipal League: Geoffrey Tyler Wilson Amicus Curiae COLORADO MUNICIPAL LEAGUE For Amicus Curiae Conservation Colorado Michael Stephen Freeman EARTHJUSTICE

9 Oral Argument: Wednesday, December 9, :00 a.m. For Amicus Curiae Jared Polis, Congressman: Courtney Jordan Krause WHITE & JANKOWSKI LLP For Amicus Curiae National Association of Royalty Owners - Colorado Chapter: Thomas William Niebrugge LINDQUIST & VENNUM PLLP For Amicus Curiae Northwest Colorado Council of Governments acting by through its Water Quality Quantity Committee: Victoria L. Jarvis NWCCOG/ WATER QQ COMMITTEE Certiorari to the Colorado Court of Appeals, 2014CA1991 Docketed: August 17, 2015

10 Oral Argument: Wednesday, December 9, :30 p.m. 2013SC216 (1 HOUR) Petitioner: The People of the State of Colorado, Respondent: David Will Corson. For the Petitioner The People of the State of Colorado: Christine Cates Brady, Assistant Attorney General OFFICE OF THE ATTORNEY GENERAL For the Respondent David Will Corson: Ingrid J Defranco LAW OFFICE OF INGRID J. DEFRANCO Certiorari to the Colorado Court of Appeals, 2011CA241 Docketed: April 2, 2013 Whether the court of appeals erred as a matter of law when it concluded that Strickl Washington, 466 U.S. 668 (1984), applies to a collateral attack on a guilty plea based on evidence discovered after the guilty plea was entered. Whether the court of appeals erred as a matter of law when it interpreted Crim. P. 16 in a novel way to conclude that a juvenile adjudication is part of a witness's criminal history, thereby broadly exping the prosecution's duty to disclose juvenile adjudications. Whether the court of appeals erred when it reversed the district court's order by carving out an exception to the holding in United States Ruiz, 536 U.S. 622 (2002), that the Government is not required to disclose material impeachment evidence prior to entering into a plea agreement with a criminal defendant.

11 Oral Argument: Thursday, December 10, :00 a.m. 2013SC587 (1 HOUR) Petitioner: The People of the State of Colorado, Respondent: Carl Daniel Ruch. For the Petitioner The People of the State of Colorado: Wendy J Ritz OFFICE OF THE ATTORNEY GENERAL For the Respondent Carl Daniel Ruch: Michael C. Mattis, Deputy Public Defender OFFICE OF THE PUBLIC DEFENDER Certiorari to the Colorado Court of Appeals, 2010CA2436 Docketed: July 29, 2013 Whether the trial court violated the defendant's Fifth Amendment right against self-incrimination by revoking his probation based on his refusal to attend sex offender treatment. Whether the defendant's blanket refusal to attend the sex offender treatment program was a legitimate effective invocation of his Fifth Amendment privilege.

12 Oral Argument: Thursday, December 10, :00 a.m. 2015SA192 (1 HOUR) Petitioner: Rene Lima- Marin, Respondent: The People of the State of Colorado. For the Petitioner Rene Lima- Marin: Kimberly Christine Diego Patrick Michael Megaro Halscott Megaro PA For the Respondent The People of the State of Colorado: Katharine Jackson Gillespie OFFICE OF THE ATTORNEY GENERAL Appeal from the District Court, Arapahoe County, 1998CR2401 Docketed: July 20, 2015