9:00 a.m. 2011SC889 (1 HOUR) Petitioners: Jason L. Kelly, M.D. and Mauricio L. Waintrub, M.D., Vasilios Haralampopoulos, by his guardian John Haralampopoulos. For the Petitioner Jason L. Kelly, M.D.: Kay J Rice Beth N Nesis COOPER & CLOUGH, PC and Andrew M Low Kyle Wesley Brenton DAVIS GRAHAM & STUBBS LLP For the Petitioner Mauricio L. Waintrub, M.D.: David H Yun JAUDON & AVERY LLP For the Respondent Vasilios Haralampopoulos, by his guardian John Haralampopoulos: Teresa D Locke Keeya Marie Jeffrey HOLLAND & HART LLP For Amicus Curiae American Medical Association, Colorado Chapter of the American College of Emergency Physicians, Colorado Medical Society, Colorado Radiological Society and Colorado Society of Anesthesiologists: Kari Mackercher Hershey HERSHEY DECKER, LLC and John L Conklin Jerome R Geraghty MARTIN CONKLIN, P.C. For Amicus Curiae Colorado Defense Lawyers Association Troy Robert Rackham FENNEMORE CRAIG, PC
9:00 a.m. For Amicus Curiae Regents University of Colorado and Regents of the University of Colorado: Patrick Terrence O'Rourke OFFICE OF UNIVERSITY COUNSEL Certiorari to the Colorado Court of Appeals, 2010CA668 Docketed: December 5, 2011 At Issue: March 22, 2013 Whether the court of appeals erred in concluding that statements to a physician and other hearsay evidence regarding a patient's alleged cocaine use was inadmissible under the rules of evidence in a medical malpractice case in which the parties disputed the cause of the patient's complications following a medical procedure.
10:00 a.m. 2011SC801 (30 MINUTES) Petitioner: The People of the State of Colorado, Michael Lee Jones. For the Petitioner The People of the State of Colorado: Wendy J Ritz, First Assistant Attorney General William George Kozeliski, Assistant Attorney General OFFICE OF THE ATTORNEY GENERAL For the Respondent Michael Lee Jones: Nora Virginia Kelly NORA V. KELLY, P.C. Certiorari to the Colorado Court of Appeals, 2009CA2362 Docketed: November 4, 2011 At Issue: March 18, 2013 Whether prior act evidence was admissible for purposes which did not require that the acts be admitted pursuant to the doctrine of chances or be highly similar to the charged conduct. Whether the court of appeals erred in its application of the doctrine of chances, and in its determination that the trial court abused its discretion and that any error was not harmless.
10:30 a.m. 2011SC935 (1 HOUR) Petitioners: Debbie Benefield, State Representative; Bernie Buescher, State Representative; Morgan Carroll, State Representative; Gwyn Green, State Representative; Mary Hodge, State Representative; Liane "Buffie" McFadyen, State Representative; Wes McKinley, State Representative; Michael Merrifield, State Representative; James Riesberg, State Representative; and Judy Solano, State Representative; Colorado Republican Party. For the Petitioners Debbie Benefield, State Representative; Bernie Buescher, State Representative, Morgan Carroll, State Representative; Gwyn Green, State Representative; Mary Hodge, State Representative; Liane "Buffie" McFadyen, State Representative; Michael Merrifield, State Representative; James Riesberg, State Representative; and Judy Solano, State Representative: Stephen Masciocchi Jonathan S Bender Maureen Reidy Witt HOLLAND & HART, LLP For the Respondent Colorado Republican Party: Brett Robert Lilly BRETT R. LILLY, LLC and John Stuart Zakhem ZAKHEM LAW, LLC For Amicus Curiae Amicus Curiae Marilyn R. Marks, Colorado Association of School Boards, Colorado Counties, Inc., Colorado Municipal League, and Special District Association of Colorado: Corey Yaron Hoffmann HAYES PHILLIPS HOFFMANN & CARBERRY For Amicus Curiae Colorado Common Cause: David J Janik US EPA LEGAL ENFORCEMENT PROGRAM For Amicus Curiae Colorado Ethics Watch: Margaret G Perl Luis Angel Toro COLORADO ETHICS WATCH
10:30 a.m. For Amicus Curiae State of Colorado Erin A Overturf, Assistant Solicitor General Stephanie Lindquist Scoville, Senior Assistant Attorney General Daniel Desmond Domenico, Solicitor General Frederick Richard Yarger, Assistant Solicitor General OFFICE OF THE COLORADO ATTORNEY GENERAL For Amicus Curiae The Colorado Press Association Thomas Buchan Kelley Steven David Zansberg Ashley Ivy Kissinger LEVINE SULLIVAN KOCH & SCHULZ, LLP For Amicus Curiae The Independence Institute Heather Eileen Joyce Shayne M Madsen JACKSON KELLY PLLC Certiorari to the Colorado Court of Appeals, 2010CA2327 Docketed: December 19, 2011 At Issue: April 5, 2013 Whether the court of appeals erred in ruling that, under the Colorado Open Records Act, if a court orders the inspection of even one improperly withheld public record, the requesting party is a 'prevailing applicant' entitled to attorneys' fees and costs.
Oral Argument: Thursday, June 13, 2013 Bailiff: Justice Coats' Chambers 9:00 a.m. 2012SC139 (1 HOUR) Petitioner: Bristol Bay Productions, LLC f/k/a Crusader Entertainment, LLC, Respondents: Peter Lampack; The Peter Lampack Agency, Inc.; Simon & Schuster, Inc.; and Penguin Group USA, Inc.. For the Petitioner Bristol Bay Productions, LLC f/k/a Crusader Entertainment, LLC: Jesus M Vazquez Frederick James Baumann ROTHGERBER JOHNSON & LYONS LLP For the Respondents Peter Lampack and The Peter Lampack Agency, Inc.: Ty Cheung Gee HADDON, MORGAN AND FOREMAN, P.C. For the Respondent Simon & Schuster, Inc.: Norman Reid Neureiter WHEELER TRIGG O'DONNELL LLP For the Respondent Penguin Group USA, Inc.: Van Aaron Hughes Gregory S Tamkin DORSEY & WHITNEY, LLP For Amicus Curiae Colorado Defense Lawyers Association William Kirk Rounsborg MCELROY DEUTSCH MULVANEY & CARPENTE Certiorari to the Colorado Court of Appeals, 2010CA2039 Docketed: February 23, 2012 At Issue: March 20, 2013 Whether proximate cause is necessarily an actor-specific inquiry reserved for the jury, or can a court hold that a previous finding that one actor did not cause a plaintiff's harm preclude plaintiff from later arguing that a different actor caused that same harm. Whether a trial court, before granting a motion to dismiss based on the affirmative defense of issue preclusion, must first convert the motion to one for summary judgment.
Oral Argument: Thursday, June 13, 2013 Bailiff: Justice Coats' Chambers 10:00 a.m. 2012SC396 (30 MINUTES) Petitioner: A. S., The People of the State of Colorado. For the Petitioner A. S.: Stephanie Patricia Stout STOUT LAW FIRM, LLC and William Cooney THE COONEY LAW FIRM For the Respondent The People of the State of Colorado: Anthea Leigh Carrasco, Chief Deputy District Attorney David J Skarka, Deputy District Attorney WELD COUNTY DISTRICT ATTORNEY'S OFFICE Certiorari to the Colorado Court of Appeals, 2011CA1747 Docketed: June 5, 2012 At Issue: March 7, 2013 Whether section 19-2-601 (5)(a)(I), C.R.S., prohibits a court from sentencing an aggravated juvenile offender to probation as a condition of a suspended sentence to the Department of Human Services Division of Youth Corrections.
Oral Argument: Thursday, June 13, 2013 Bailiff: Justice Coats' Chambers 10:30 a.m. 2012SC391 (1 HOUR) Petitioners: S. W., a minor by and through his parents and next friends, David and Rhonda Wacker; David Wacker; and Rhonda Wacker; For the Petitioners S. W., a minor by and through his parents and next friends, David and Rhonda Wacker, David Wacker and Rhonda Wacker: John Anderson Purvis PURVIS GRAY, LLP Towers Boat Club, Inc.. For the Respondent Towers Boat Club, Inc.: Joel A Palmer Arthur Joel Kutzer SENTER GOLDFARB & RICE, L.L.C. Certiorari to the Colorado Court of Appeals, 2011CA935 Docketed: June 1, 2012 At Issue: March 11, 2013 Whether, under the premises liability statute, C.R.S. section 13-21-115, the attractive nuisance doctrine and its protections are applicable only to trespassing children but not to children on premises as licensees or invitees.