Whether the prosecution may appeal the propriety of a legal sentence entered on resentencing.

Transcription

1 SUPREME COURT, STATE OF COLORADO Justice Coats Chambers 9:00 a.m. 2013SC134 (1 HOUR) Petitioner: William Hunsaker, Jr., The People of the State of Colorado. For the Petitioner William Hunsaker, Jr.: Norman R Mueller HADDON, MORGAN AND FOREMAN, PC For the Respondent The People of the State of Colorado: Emily Ann Humphrey, Deputy District Attorney Katharine J Ellison 8TH JUDICIAL DISTRICT D.A. OFFICE Certiorari to the Colorado Court of Appeals, 2011CA2184 Docketed: February 28, 2013 At Issue: September 8, 2014 Whether the acknowledged illegality of a sentence on one count renders the entire sentence illegal entitles adefendant to resentencing on all counts of conviction. Whether, where a defendant is entitled to be resentenced due to the illegality of a sentence on one count, the resentencing court has jurisdiction to reconsider reduce the sentence on another count of conviction pursuant to Crim. P. 35(b). Whether the prosecution may appeal the propriety of a legal sentence entered on resentencing. Whether, as a matter of first impression, a minimum term in the aggravated range for an indeterminate life sentence on a conviction for sexual assault of a child--pattern of abuse a legal is a legal sentence when there has been no finding of aggravated circumstances.

2 10:00 a.m. 2013SC127 (1 HOUR) Petitioners: Miriam Beren Robert Goodyear Jr, in his capacity as Personal Representative of the Estate of Sheldon K. Beren, Concerning Joshua Beren, Dena Grossman, The Estate of Cheryl Feldberger, Respondent/Cross-Petitioner: David Beren, Respondents: Zev Beren, Jonathan Beren, Daniel Beren, Generation Skipping Trust the Trustees of said trust. For the Petitioner Miriam Beren: Matthew W. Spengler Richard Allen Westfall Peter Krumholz HALE WESTFALL LLP For the Petitioner Robert Goodyear Jr, in his capacity as Personal Representative of the Estate of Sheldon K. Beren: Peter C Forbes CARVER SCHWARZ MCNAB KAMPER & FORBES For the Respondent/Cross-Petitioner David Beren: Blain David Myhre BLAIN MYHRE LLC For the Respondents Zev Beren, Jonathan Beren, Daniel Beren: Charles F Brega Scott Thomas Rodgers Lee Katherine Goldstein FAIRFIELD AND WOODS, P.C. For the Respondent Generation Skipping Trust the Trustees of said trust: Paula Diane Young PAULA CONSTANTAKIS YOUNG PC Whether the court of appeals erred by holding, as a matter of law, that the Probate Code displaces the authority of the probate court to award an equitable adjustment supplementing a spouse's elective share of the decedent's estate. Whether the court of appeals' conclusion that interest on the repayment of the equitable adjustment cannot be awarded

3 1:30 p.m. 2013SC131 (1 HOUR) Petitioners: Christopher Boyer Patrick Singson, Health Grades, Inc, a Colorado Corporation. For the Petitioners Christopher Boyer Patrick Singson: Paul Jason Maxon THE LAW OFFICE OF PAUL MAXON, PC Walter Harriman Sargent WALTER H. SARGENT, PC For the Respondent Health Grades, Inc, a Colorado Corporation: Kris J Kostolansky Susan Strebel Sperber LEWIS ROCA ROTHGERBER, LLP Certiorari to the Colorado Court of Appeals, 2011CA1829 Docketed: February 28, 2013 At Issue: October 14, 2014 Whether the court of appeals erred in holding that a private employer's lawsuit against two former employees, brought for improper purposes in a purely private dispute, is petitioning activity entitled to protection under the First Amendment the 'heightened stard' set out in Protect Our Mountain Environment ('POME') District Court, 677 P.2d 1361 (Colo. 1984). Whether the court of appeals erred in holding that, under POME's heightened stard, the trial court rather than the jury must determine, based on its own consideration of all the evidence submitted at trial, whether claims are devoid of a reasonable factual basis. Whether the court of appeals erred in holding that, to prevail on their abuse of process claim under POME's heightened stard, petitioners must show that all of respondent's claims in this lawsuit are either devoid of any reasonable factual basis or without a cognizable legal basis. Whether the court of appeals, after rejecting respondent's sole argument on appeal, abused its discretion in ruling, sua sponte, that the judgment must nevertheless be reversed the case remed for the trial court to determine whether any of respondent's claims had a reasonable factual legal basis.

4 Oral Argument: Wednesday, January 28, :00 a.m. 2014SA235 (1 HOUR) Plaintiffs-Appellants: Enrico Figueroa, Brian Ve Krol, Joseph Holt, Mark Rule, Melissa Wills, Plaintiff-Intervenor: Scott Gessler, Defendant-Appellee: Amy Speers, Intervenors-Appellees: For the Plaintiff-Appellants Enrico Figueroa, Brian Ve Krol, Joseph Holt, Mark Rule, Melissa Wills: Mario Daniel Nicolais HACKSTAFF & SNOW, LLC Kelly Ann Breuer VAN DER JAGT LAW FIRM For the Plaintiff-Intervenor Scott Gessler: Leeann Morrill Sueanna Park Johnson OFFICE OF THE ATTORNEY GENERAL For the Intervenor-Appellees Karen Marquez, Nicole S. Hanlen, James H. Joy, David J. Rodenbaugh: Edward T Ramey Martha Moore Tierney HEIZER PAUL LLP Karen Marquez, Nicole S. Hanlen, James H. Joy, David J. Rodenbaugh.

5 Oral Argument: Wednesday, January 28, :00 a.m. 2013SC523 (30 MINUTES) Petitioner: Jarrod Ralph Rutter, The People of the State of Colorado. For the Petitioner Jarrod Ralph Rutter: Eric A Samler SAMLER & WHITSON, P.C. For the Respondent The People of the State of Colorado: Carmen Moraleda, Assistant Attorney General OFFICE OF THE ATTORNEY GENERAL Certiorari to the Colorado Court of Appeals, 2010CA992 Docketed: July 10, 2013 At Issue: October 14, 2014 [REFRAMED ISSUE 1] Whether a court, when conducting an abbreviated proportionality review of a habitual criminal sentence, can consider the general assembly's subsequent reclassification of a crime /or amendment of the habitual criminal statute that made an underlying crime inapplicable for purposes of a habitual criminal adjudication.