[REFRAMED] Whether the court adequately instructed the jury regarding when an actor must form the intent to commit the predicate felony.

Transcription

1 Oral Argument: Tuesday, February 13, 2018 Bailiff: Justice Hood's Chambers 9:00 a.m. 2014SC651 (1 HOUR) Mark Johnathan Walden, Tracy C Renner COLORADO STATE PUBLIC DEFENDER Joseph G. Michaels STATE OF COLORADO OFFICE OF THE ATT The People of the State of Colorado. Certiorari to the Colorado Court of Appeals, 2010CA1875 Docketed: August 20, 2014 At Issue: November 29, 2017 [REFRAMED] Whether the court adequately instructed the jury regarding when an actor must form the intent to commit the predicate felony. [REFRAMED] Whether, under the felony murder doctrine, an actor must intend to commit the predicate felony before or at the time of the killing act. [REFRAMED]: Whether sufficient evidence supported petitioner's felony-murder conviction.

2 Oral Argument: Tuesday, February 13, 2018 Bailiff: Justice Hood's Chambers 10:00 a.m. 2017SC246 (44 MINUTES) Chris Bermel, BlueRadios, Inc.. Ian Miller Griffin Igor Raykin KISHINEVSKY RAYKIN LLC Ian Trevor Hicks THE LAW OFFICE OF IAN T. HICKS LLC Richard Paul Barkley ANDERSON BARKLEY LLC Chad Michael Lieberman BROSSEAU BARTLETT LIEBERMAN LLC David Brian Seserman SESERMAN LAW LLC Certiorari to the Colorado Court of Appeals, 2016CA102 Docketed: April 5, 2017 At Issue: November 29, 2017 Whether the economic loss rule bars Respondent's simultaneous recovery for its breach of contract claim for its civil theft claim under section , C.R.S. (2016), (the 'civil theft statute') based on Petitioner's single act of breach of contract.

3 Oral Argument: Tuesday, February 13, 2018 Bailiff: Justice Hood's Chambers 10:45 a.m. 2015SC630 (30 MINUTES) The People of the State of Colorado, Thomas B. Delage. Robert Joseph Whitley Victoria M. Cisneros Office of the Attorney General Lynn M. Noesner Office of the Public Defender Certiorari to the Colorado Court of Appeals, 2012CA1936 Docketed: July 30, 2015 At Issue: November 29, 2017 Whether this court should continue to hold the People to the unduly high stard of proving by 'clear convincing evidence' that a defendant's consent to search was voluntary, when the Colorado Supreme Court case credited for requiring this stard does not st for that proposition, the United States Supreme Court espouses that 'preponderance of the evidence' should be the controlling stard for suppression hearings.

4 Oral Argument: Tuesday, February 13, 2018 Bailiff: Justice Hood's Chambers 1:30 p.m. 2014SC990 (1 HOUR) Andres Castillo, Ned R Jaeckle Office of the Public Defender Brock J. Swanson Office of the Attorney General The People of the State of Colorado. Certiorari to the Colorado Court of Appeals, 2010CA1477 Docketed: December 17, 2014 At Issue: November 29, 2017 Whether the court of appeals erred in finding that erroneously instructing the jury on the provocation exception to selfdefense was harmless error where the exception was unsupported by the evidence where, in closing, the prosecutor asked the jury to apply the exception by misstating the evidence. Whether the court of appeals erred by holding that the trial court did not err by instructing the jury on the initial aggressor exception to self-defense.

5 9:00 a.m. 2016SC894 (1 HOUR) Petitioners: The City of Boulder, Colorado; The City Council for the City of Boulder, Colorado; Suzanne Jones, in her official capacity as Mayor; Aaron Brockett, in his official capacity as Mayor Pro Tem; Cindy Carlisle, in her official capacity as a member of City Council; Jill Alder Grano, in her official capacity as a member of City Council; Lisa Morzel, in her official capacity as a member of City Council; Mirabai Kuk Nagle, in her official capacity as a member of City Council; Sam Weaver, in his official capacity as a member of City Council; Bob Yates, in his official capacity as a member of City Council; Mary Young, in her official capacity as a member of City Council; Public Service Company of Colorado, a Colorado corporation. For the Petitioners: Thomas Acquinas Carr David J Gehr Kathleen E Haddock BOULDER CITY ATTORNEYS OFFICE James Birch HAMRE RODRIGUEZ OSTRANDER DINGESS Marcy Geoffrey Glenn HOLLAND HART LLP John Richard Sperber Matthew Dumont Clark FAEGRE BAKER DANIELS LLP Daniel David Williams HUTCHINSON BLACK AND COOK, LLC For Amicus Curiae Colorado Municipal League Dianne M. Criswell COLORADO MUNICIPAL LEAGUE Certiorari to the Colorado Court of Appeals, 2015CA1371 Docketed: November 25, 2016 At Issue: December 11, 2017 [REFRAMED] Whether the court of appeals erred in concluding that two Boulder municipal ordinances were not final actions for the purpose of judicial review under C.R.C.P [REFRAMED] Whether the court of appeals erred in vacating the district court's judgment rather than reming the case for further findings regarding subject matter jurisdiction.

6 10:00 a.m. 2016SC276 (30 MINUTES) The People of the State of Colorado, Brock J. Swanson OFFICE OF THE ATTORNEY GENERAL Antony Mark Noble THE NOBLE LAW FIRM LLC Alfred Gabriel Soval. Certiorari to the Colorado Court of Appeals, 2014CA2387 Docketed: April 7, 2016 At Issue: December 1, 2017 Whether the trial court plainly erred improperly sentenced the defendant in excess of the statutory maximum for purposes of Blakely Washington, 542 U.S. 296 (2004), when it imposed an aggravated community corrections sentence.

7 10:30 a.m. 2016SC413 (1 HOUR) David R. Calvert, Respondents: Diane L. Mayberry a/k/a Diane Marie Laba-Mayberry Desiree L. Mayberry. Anne Whalen Gill GILL LEDBETTER LLP Stephen Jonathan Woolsey Gary Michael Clexton Christopher J Forrest MILLER STEIERT PC Certiorari to the Colorado Court of Appeals, 2013CV390 Docketed: May 25, 2016 At Issue: November 13, 2017 [REFRAMED] Whether a contract between an attorney his client that was formed in violation of Rule 1.8(a) of the Colorado Rules of Professional Conduct is void as against public policy. [REFRAMED] Whether the doctrine of issue preclusion can bar a disbarred attorney from relitigating in a civil suit against his former client factual issues decided by the attorney disciplinary hearing board, whether the hearing board's finding that the attorney-plaintiff violated Rule 1.8(a) of the Colorado Rules of Professional Conduct constitutes a factual issue for purposes of issue preclusion. [REFRAMED] Whether sanctions against the attorney for groundless frivolous litigation st.

8 SUPREME COURT, STATE OF COLORADO 1:30 p.m. 2017SA247 (1 HOUR) In Re: Plaintiffs: Gadeco LLC; Celeste C. Grynberg, individually as Co-Trustee for the Rachel Susan Grynberg 1982 Trust, the Stephen Mark Grynberg 1983 Trust, the Miriam Zela Grynberg 1986 Trust; The Rachel Susan Grynberg 1982 Trust; The Stephen Mark Grynberg Separate 1983 Trust; The Miriam Zela Grynberg 1986 Trust; Pricaspian Development Corporation; Rachel S. Grynberg; Miriam Z. Grynberg; Stephen M. Grynberg, individually as Trustee for Stephen Mark Grynberg Separate Property Trust; The Stephen Mark Grynberg Property Trust; RSM Production Corporation; Defendants: Jack J. Grynberg The Grynberg Petroleum Corporation, Counter Plaintiff: Jack J. Grynberg, Counter Defendants: Gadeco, LLC; Celeste C. Grynberg, individually as Co-Trustee for the Rachel Susan Grynberg 1982 Trust, The Stephen Mark Grynberg 1983 Trust, the Miriam Zela Grynberg 1986 Trust; The Rachel Susan Grynberg 1982 Trust; The Stephen Mark Grynberg 1983 Trust; The Miriam Zela Grynberg 1986 Trust; Pricaspian Development Corporation; Rachel S. Grynberg; Miriam Z. Grynberg; Stephen M. Grynberg, individually as Trustee for Stephen Mark Grynberg Separate Property Trust; The Stephen Mark Grynberg Separate Property Trust; RSM Production Corporation. For the Plaintiffs/Counter Defendants Rachel S. Grynberg, individually as trustee of the Rachel Susan Grynberg 1982 Trust; Stephen M. Grynberg, individually as trustee of the Stephen Mark Grynberg 1983 Trust the Stephen Mark Grynberg Separate Property Trust; Miriam Z. Grynberg, individually as trustee of the Miriam Zela Grynberg 1986 Trust; Celeste C. Grynberg, individually as trustee of the Rachel Susan Grynberg 1982 Trust, the Stephen Mark Grynberg 1983 Trust, the Miriam Zela Grynberg 1986 Trust; the Rachel Susan Grynberg: Fred H Bartlit Daniel Charles Taylor Katherine L.I. Hacker Glen Eric Summers BARTLIT BECK HERMAN PALENCHAR SCOTT For the Defendant/Counter Plaintiff Jack J. Grynberg: Andrea Ahn Wechter Case Collard Gregory Tamkin DORSEY WHITNEY LLP

9 SUPREME COURT, STATE OF COLORADO 1:30 p.m. Original Proceeding, District Court, Arapahoe County, 2016CV30959 Docketed: October 12, 2017 At Issue: January 5, 2018 Did the District Court err by finding that Petitioner waived the physician-patient privilege where he asserted a claim for specific performance? Did the District Court err by finding that Petitioner waived the physician-patient privilege where he denied allegations raised by Respondents that he made baddecisions? Did the District Court err in ordering production of the medical records to thecourt, with the imminent production to Respondents, prior to Petitioner selecting to proceed with a trial to the District Court on specific performance following a jury s determining whether the underlying agreement was breached?