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

Transcription

1 Oral Argument: Tuesday, December 8, 2015 Bailiff: 9:00 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, 2015 Bailiff: 9:45 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, 2015 Bailiff: Justice Gabriel's Chambers 10:30 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: 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 Derek L. Turner, Assistant Attorney General Jeffrey Neel Crian, Assistant Attorney General OFFICE OF THE ATTORNEY GENERAL Alan Martellaro, Division 5 Engineer Dick Wolfe, State Engineer. Appeal from the District Court,, 2004CW236 Docketed: January 28, 2015 Whether the water court correctly ruled that when two direct-flow, conditional water rights are decreed available for diversion at the same structure, for the same claimed beneficial uses, at the same place of use, diversions should be attributed first to the more senior conditional right absent a legitimate need for the junior conditional water right.

4 Oral Argument: Tuesday, December 8, 2015 Bailiff: Justice Gabriel's Chambers 1:30 p.m. 2015SA292 (1 HOUR) Petitioners-Appellants: Kent Carson, James Gil Tisue, Dale Pass, For the Petitioners-Appellants Kent Carson, James Gil Tisue, Dale Pass: Mario Daniel Nicolais HACKSTAFF & SNOW, LLC 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: 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. Paul Pitton. For the Intervenor-Appellee Paul Pitton: Barbara Rose Butler William S Deford DUFFORD, WALDECK, MILBURN & KROHN For Amicus Curiae Colorado Secretary of State Matthew David Grove Frederick Richard Yarger Leeann Morrill W. Eric Kuhn COLORADO DEPARTMENT OF LAW For Amici Curiae Noelle Westcott, Shannon Antonucci, Wayne Westcott Edward T. Ramey TIERNEY PAUL LAWRENCE LLP Appeal from the District Court, Mesa County, 2015CV30710 Docketed: November 3, 2015 At Issue: November 30, 2015 Appeal from the District Court, Mesa County, 2015CV30710 November 3, 2015 Docketed: At Issue: November 30, 2015 Whether the courts have the authority to provide judicial review of a cidate's qualifications prior to an election under C.R.S Whether Pitton failed to meet the qualification to be a cidate for Mesa School District 51 District B director. Whether the Court may order Pitton removed from the ballot Clerk Reiner not to count votes cast for Pitton.

5 Oral Argument: Wednesday, December 9, 2015 Bailiff: Chief Justice Rice's Chambers 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 Karen Leather Leather Spaulding Spaulding BEATTY BEATTY && WOZNIAK, WOZNIAK, P.C. P.C. Mark Mathews Wayne F Forman BROWNSTEIN HYATT FARBER SCHRECK

6 Oral Argument: Wednesday, December 9, 2015 Bailiff: Chief Justice Rice's Chambers 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 Whether home-rule cities are preempted from promulgating local luse regulations that prohibit the use of hydraulic fracturing in oil gas operations the storage of such waste products within city limits when the Colorado Oil Gas Conservation Commission ( COGCC ) regulates hydraulic fracturing within the state.

7

8 Oral Argument: Wednesday, December 9, 2015 Bailiff: Chief Justice Rice's Chambers 10:00 a.m. 2015SC668 (1 HOUR) Petitioner: City of Fort Collins Colorado, Respondent: 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 Colorado Oil Gas Association. 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, 2015 Bailiff: Chief Justice Rice's Chambers 10:00 a.m. For Amicus Curiae Jared Polis, Congressman: Courtney Jordan Krause 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 Whether home-rule cities are preempted from promulgating local luse regulations that prohibit the use of hydraulic fracturing in oil gas operations the storage of such waste products within city limits when the Colorado Oil Gas Conservation Commission ( COGCC ) regulates hydraulic fracturing within the state. Did the district court incorrectly rule that they City's moratorium is the same as a permanent ban? Did the district court incorrectly rule that the City's citizen-initiated moratorium ordinance (the Moratorium ) is impliedly preempted by the Colorado Oil Gas Conservation Act (the Act )? Did the district court fail to apply the correct test for determining an operational conflict (i.e., whether the Moratorium materially impedes or destroys the state's interest in oil gas development)? Did the district court incorrectly rule that the Moratorium creates a per se operational conflict in the absence of a fully developed evidentiary record?

10 Oral Argument: Wednesday, December 9, 2015 Bailiff: 1:30 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, 2015 Bailiff: 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