SUPREME COURT, STATE OF COLORADO
Oral Argument: Tuesday, December 9, 2014
Bailiff: Justice Hood's Chambers
10:00 a.m.
EN BANC
2013SC838 (30 MINUTES)
Petitioner:
The People of the State of Colorado,
v.
Respondent:
Reginald Porter.
For the Petitioner The People of the State of
Colorado:
Donna Skinner Reed
1ST JUDICIAL DISTRICT ATTORNEY
and
Christine Cates Brady
OFFICE OF THE ATTORNEY GENERAL
For the Respondent Reginald Porter:
Robert P Borquez
BORQUEZ LAW OFFICE
Certiorari to the Colorado Court of Appeals, 2011CA459
Docketed: October 21, 2013
At Issue: October 14, 2014
ISSUE(S):
Whether double jeopardy bars a new habitual criminal sentencing hearing when the trial court, prior to the People's
presentation of any habitual criminal count evidence, erroneously granted the defendant's motion to dismiss the habitual
counts.
SUPREME COURT, STATE OF COLORADO
Oral Argument: Tuesday, December 9, 2014
Bailiff: Justice Hood's Chambers
10:30 a.m.
EN BANC
2013SC545 (1 HOUR)
Petitioner:
Barbara Jordan,
v.
Respondent:
Panorama Orthopedics Spine Center PC.
For the Petitioner Barbara Jordan:
Nelson Patrick Boyle
Diane Vaksdal Smith
Brian Keith Matise
BURG SIMPSON ELDREDGE HERSH, ET AL
and
Marc Louis Schatten
SCHATTEN LAW FIRM
and
Susan Morath Horner
SUSAN MORATH HORNER, P.C.
For the Respondent Panorama Orthopedics Spine
Center PC:
Alan Epstein
HALL & EVANS LLC
and
Michael Lewis Adams
RAY LEGO & ASSOCIATES
For Amici Curiae Colorado Defense Lawyers
Association and National Federation of Independent
Business:
Forrest Vincent Plesko
THOMAS POLLART & MILLER LLC
For Amicus Curiae The Colorado Trial Lawyers
Association
Michael Douglass-Harris
LAW OFFICES OF DIANNE SAWAYA, LLC
and
Thomas Dean Neville
OGBORN MIHM, LLP
Certiorari to the Colorado Court of Appeals, 2012CA451
Docketed: July 16, 2013
At Issue: October 14, 2014
ISSUE(S):
[Reframed Issue 1]: Whether the Court of Appeals erred in reversing Jordan's verdict on the grounds that Panorama was
not a 'landowner' within the contemplation of the Premises Liability Act.
SUPREME COURT, STATE OF COLORADO
Oral Argument: Tuesday, December 9, 2014
Bailiff: Justice Hood's Chambers
1:30 p.m.
EN BANC
2014SA84 (1 HOUR)
Plaintiff-Appellee:
Stephen Brett Ryals,
v.
Defendant-Appellant:
City of Englewood.
For the Plaintiff-Appellee Stephen Brett Ryals:
Mark Silverstein
Sara Rich Neel
AMERICAN CIVIL LIBERTIES UNION OF COLO.
and
Daniel David Williams
Shelby L. Myers
Jennifer L Sullivan
Hetal J. Doshi
FAEGRE BAKER DANIELS, LLP
For the Defendant-Appellant City of Englewood:
Gillian M. Fahlsing
Thomas Sullivan Rice
SENTER GOLDFARB & RICE, L.L.C.
For Amicus Curiae Colorado Municipal League:
Rachel Lee Allen
COLORADO MUNICIPAL LEAGUE
Docketed: March 24, 2014
At Issue: October 14, 2014
ISSUE(S):
Is City of Englewood Ordinance 34 preempted by Colorado law?
SUPREME COURT, STATE OF COLORADO
Oral Argument: Tuesday, December 9, 2014
Bailiff: Justice Hood's Chambers
2:30 p.m.
EN BANC
2013SA336 (1 HOUR)
Plaintiff-Appellee:
Randal Ankeney,
v.
Defendants-Appellants:
Rick Raemisch, Executive Director of Colorado
Department of Corrections and Rae Timme, Warden of
the Fremont Correctional Facility.
For the Plaintiff-Appellee Randal Ankeney:
Danielle Cheree Jefferis
David Arthur Lane
KILLMER, LANE & NEWMAN, LLP
and
Marc B Tull
MARC B. TULL, ATTORNEY AT LAW
For the Defendant-Appellants Rick Raemisch,
Executive Director of Colorado Department of
Corrections and Rae Timme, Warden of the
Fremont Correctional Facility:
James Xavier Quinn, First Assistant Attorney General
Jacob Dorminy Massee, Assistant Attorney General
OFFICE OF THE ATTORNEY GENERAL
Appeal from the District Court, Colorado Court of Appeals, 2012CA1930
Docketed: December 24, 2013
At Issue: October 14, 2014
ISSUE(S):
Whether the court of appeals and district court erred in concluding that good time credits apply to an inmate's discharge
date thus releasing an inmate after service of half of the imposed sentence and eliminating discretionary parole.
Whether the district court erred in concluding that it had jurisdiction to discharge Ankeney's three year mandatory parole
after two months when the Parole Board was not a party to the proceedings.
SUPREME COURT, STATE OF COLORADO
Oral Argument: Wednesday, December 10, 2014
Bailiff: Chief Justice Rice's Chambers
9:00 a.m.
EN BANC
2012SC605 (1 HOUR)
Petitioner/Cross-Respondent:
The People of the State of Colorado,
For the Petitioner/Cross-Respondent The People of
the State of Colorado:
John Jacob Fuerst, Assistant Attorney General
Office of the Attorney General
v.
Respondent/Cross-Petitioner:
Michael Johnson.
For the Respondent/Cross-Petitioner Michael
Johnson:
Adam Neil Mueller, Deputy Public Defender
Office of the Public Defender
Certiorari to the Colorado Court of Appeals, 2009CA2203
Docketed: August 14, 2012
At Issue: October 14, 2014
ISSUE(S):
Whether section 18-1-409(3) applies to a defendant who appeals the judgment of conviction without also appealing the
propriety of the sentence.
Whether the court of appeals erred in applying a presumption of vindictiveness and vacating the new sentence because
the petitioner/cross-respondent could not provide new information obtained after the original sentence.
Whether the district court exceeded its authority under section 18-1-409(3) because at resentencing there were no new
matters of aggravation in addition to those known at the time of resentencing.
Whether the court of appeals erred in declining to apply well settled law because this law was brought to the court's
attention for the first time in a petition for rehearing.
SUPREME COURT, STATE OF COLORADO
Oral Argument: Wednesday, December 10, 2014
Bailiff: Chief Justice Rice's Chambers
10:00 a.m.
EN BANC
2012SC820 (30 MINUTES)
Petitioner:
The People of the State of Colorado,
For the Petitioner The People of the State of
Colorado:
Majid Yazdi, Assistant Attorney General
Office of the Attorney General
v.
Respondent:
For the Respondent Kenneth Leon Childress:
Elizabeth F Griffin, Deputy Public Defender
Office of the Public Defender
Kenneth Leon Childress.
Certiorari to the Colorado Court of Appeals, 2008CA2329
Docketed: October 22, 2012
At Issue: October 14, 2014
ISSUE(S):
Whether the court of appeals erred in holding "as a matter of first impression in Colorado, that complicitor liability does not
apply to the strict liability crime of vehicular assault (DUI) because the crime does not require a culpable mental state."
SUPREME COURT, STATE OF COLORADO
Oral Argument: Wednesday, December 10, 2014
Bailiff: Chief Justice Rice's Chambers
10:30 a.m.
EN BANC
2013SA330 (1 HOUR)
Concerning the Application for Water Rights for Cherokee
Metropolitan District in El Paso County, Colorado
Opposer-Appellant:
Upper Black Squirrel Creek Ground Water Management
Districrt,
v.
Applicant-Appellee:
Cherokee Metropolitan District,
and
Intervenor Appellee/Cross Appellant:
Meridian Service Metropolitan District,
and
Appellee Pursuant to C.A.R. 1(e)s:
Steven J. Witte, Division Engineer, Water Division 2 and
Dick Wolfe, State Engineer.
For the Opposer-Appellant Upper Black Squirrel
Creek Ground Water Management Districrt:
April Hendricks Killcreas
Lisa M Thompson
Douglas M Sinor
Peggy E Montano
TROUT,RALEY,MONTANO,WITWER&FREEMAN
For the Applicant-Appellee Cherokee Metropolitan
District:
Heather Eileen Joyce
JACKSON KELLY, PLLC
and
Kevin Francis Donovan
LAW OFFICE OF KEVIN DONOVAN, LLC
and
Peter Charles Johnson
PC JOHNSON ATTORNEY AT LAW, LLC
and
Gregory Russell Piche
SINGULARITY LEGAL, PLLC
For the Intervenor Appellee/Cross Appellant
Meridian Service Metropolitan District:
Wayne Berend Schroeder
W. B. SCHROEDER LAW OFFICE, LLC
For the Appellees Pursuant to C.A.R. 1(e) Steven J.
Witte, Division Engineer, Water Division 2 and
Dick Wolfe, State Engineer:
Jennifer Lyn Mele
Patrick E Kowaleski
OFFICE OF THE ATTORNEY GENERAL
Appeal from the District Court, 1998CW80
Docketed: December 18, 2013
At Issue:
October
14, 2014
Appeal
from
the District
Court, , 1998CW80
Docketed: December 18, 2013
ISSUE(S):
At
Issue: October 14, 2014
Whether the water court erred by concluding that the 1999 Stipulation entered in Case No. 1998CW80 does not prohibit
Cherokee Metropolitan District (“Cherokee”) or Meridian Metropolitan Service District (“Meridian”) from claiming wastewater
ISSUE(S):
return flows from Cherokee's treatment facility as credits for their pending Replacement Plan.
Whether the water court erred by concluding that “the IGA does not violate the 1999 Stipulation” and that “the 1999
Stipulation was not binding upon Meridian.”
Whether the water court erred by concluding that silence in the Water Court Decree beyond the term recharge affords
Cherokee the right to reuse and recapture water brought back into the basin for a second use as replacement credit.
Whether the water court erred by awarding attorney fees and costs to Upper Black Squirrel Creek Ground Water
Management District (UBS) to sanction Meridian: (a) for challenging the water court's jurisdiction in 2009 and 2013 to enjoin
the Commission's adjudication of the replacement plan, (b) for moving to vacate a 2009 preliminary injunction enjoining the
Commission's pending adjudication of the replacement plan, and (c) for moving to dismiss for lack of jurisdiction following the
remand.
SUPREME COURT, STATE OF COLORADO
Oral Argument: Wednesday, December 10, 2014
Bailiff: Chief Justice Rice's Chambers
1:30 p.m.
EN BANC
2013SC233 (1 HOUR)
Petitioners:
Taxpayers for Public Education, Cindra S. Barnard,
Marson S. Bernard, James Larue, Suzanne T. Larue,
Interfaith Alliance of Colorado, Rabbi Joel R.
Schwartzman, Rev. Malcolm Himschoot, Kevin Leung,
Christian Moreau, Maritza Carrera, and Susan McMahon,
v.
Respondents:
Douglas County School District, Douglas County Board of
Education, Colorado State Board of Education, and
Colorado Department of Education,
For the Petitioners Taxpayers for Public Education,
Cindra S. Barnard, Marson S. Bernard, Interfaith
Alliance of Colorado, Rabbi Joel R. Schwartzman,
Rev. Malcolm Himschoot:
Caroline Grummon Lee
Michael S McCarthy
Colin C Deihl
Bruce Jones
FAEGRE BAKER DANIELS LLP
For the Petitioner James Larue and Suzanne T. Larue:
Timothy R Macdonald
Matthew J Douglas
Michelle K. Albert
ARNOLD & PORTER, LLP
and
Intervenors-Respondents:
Florence Doyle; Derrick Doyle, on their own behalf and as
next friends of their Children A.D. and D.D.; Diana
Oakley; Mark Oakley, on their own behalf and as next
friends of their child, N.O.; Jeanette Strohm-Anderson;
and Mark Anderson, on their own behalf and as next
friends of their child, M.A..
For the Petitioners Kevin Leung, Christian Moreau,
Maritza Carrera, and Susan McMahon:
Sara Rich Neel
Mark Silverstein
AMERICAN CIVIL LIBERTIES UNION OF COLO.
and
Timothy R Macdonald
Matthew J Douglas
Michelle K. Albert
ARNOLD & PORTER, LLP
For the Respondents Douglas County School District,
and Douglas County Board of Education:
David Martin Hyams
Eric V Hall
James M Lyons
LEWIS ROCA ROTHGERBER, LLP
SUPREME COURT, STATE OF COLORADO
Oral Argument: Wednesday, December 10, 2014
Bailiff: Chief Justice Rice's Chambers
1:30 p.m.
EN BANC
For the Respondents Colorado State Board of
Education and Colorado Department of Education:
Michael Lee Francisco Assistant Solicitor General
John William Suthers Attorney General
Nicholas G Stancil Assistant Attorney General
Antony B Dyl Assistant Attorney General
COLORADO DEPARTMENT OF LAW
For the Intervenor-Respondents Florence Doyle and
Derrick Doyle, on their own behalf and as next
friends of their Children A.D. and D.D.; Diana Oakley
and Mark Oakley, on their own behalf and as next friends
of their child, N.O.; and Jeanette Strohm-Anderson and
Mark Anderson, on their own behalf and as next friends
of their child, M.A.:
Michael E Bindas
Timothy D Keller
William H Mellor
Richard D Komer
INSTITUTE FOR JUSTICE
and
Raymond L Gifford
WILKINSON BARKER KNAUER, LLP
For or Amici Curiae American Federation of
Teachers and The Education Law Center:
Kathleen Joan Gebhardt
Elizabeth Leigh Harris
LAW OFFICE OF ELIZABETH L. HARRIS,
and
Matthew Waring
Richard Katskee
Andrew Frey
MAYER BROWN, LLP
For Amici Curiae Anti Defamation League, Baptist
Joint Committee for Religious Liberty, Central
Conference of American Rabbis, Disciples Justice
Action Network, Equal Partners In Faith, Hadassah
the Womens Zionist Org. of America, Inc., Hindu
American Foundation, Jewish Social Policy Action
Network, Union for Reform Judaism, and Women of
Reform Judaism:
Richard Katskee
Matthew Waring
Andrew Frey
MAYER BROWN, LLP
and
Craig Ruvel May
WHEELER TRIGG O'DONNELL, LLP
For Amici Curiae Friedman Foundation for
Educational Choice, Independence Institute:
David B Kopel
INDEPENDENCE INSTITUTE
SUPREME COURT, STATE OF COLORADO
Oral Argument: Wednesday, December 10, 2014
Bailiff: Chief Justice Rice's Chambers
1:30 p.m.
EN BANC
For Amicus Curiae Colorado Association of School Boards:
Kathleen Anne Sullivan
COLORADO ASSOCIATION OF SCHOOL BOARDS
For Amici Curiae Colorado Education Association and
National Education Association:
Andrew Frey
Richard Katskee
Matthew Waring
MAYER BROWN, LLP
and
Mark Gary Grueskin
RECHT KORNFELD, PC
For Amicus Curiae Pacific Legal Foundation:
Joshua P. Thompson
PACIFIC LEGAL FOUNDATION
and
Ryan J. Klein
SHERMAN & HOWARD L.L.C.
Certiorari to the Colorado Court of Appeals,
2011CA1856
Docketed: April 11, 2013
At Issue: October 14, 2014
ISSUE(S):
For Amici Curiae Association of Christian Schools
International, Catholic Diocese of Colorado Springs,
Colorado Christian University, and Council for Christian
Colleges & Universities:
Stuart J Lark
BRYAN CAVE
[REFRAMED ISSUE] Whether the court of appeals erred by restricting Colorado's standing doctrine when it held that the
Public School Finance Act of 1994's (“the Act”) mere grant of authority to the State Board to issue rules and regulations
necessarily deprives the plaintiffs of standing and precludes any private action to enjoin the Douglas County School District
(“the District”) from violating the Act.
[REFRAMED ISSUE] Whether the Choice Scholarship Program violates the Act by including 500 Program students “enrolled”
in an illusory Charter School who actually attend private schools in the District and elsewhere in the District's student count for
funding.
[REFRAMED ISSUE] Whether the court of appeals erred in ruling that the Choice Scholarship Program is entitled to a
presumption of constitutionality under Article IX, Section 3, that can only be rebutted by proof of unconstitutionality “beyond a
reasonable doubt,” and therefore in concluding that fund monies were not spent on the Choice Scholarship Program,
notwithstanding the trial court's factual finding to the contrary.
Whether the Choice Scholarship Program violates Article IX, Section 7, of the Colorado Constitution by diverting state
educational funds intended for Douglas County public school students to private elementary and secondary schools controlled
by churches and religious organizations.
Whether the Choice Scholarship Program violates the compelled-support and compelled-attendance clauses of Article II,
Section 4, of the Colorado Constitution by directing taxpayer funds to churches and religious organizations, and by compelling
students enrolled in a public charter school to attend religious services.
Whether the Choice Scholarship Program violates Article IX, Section 8, of the Colorado Constitution by requiring students who
are enrolled in a public charter school, and counted by Douglas County as public school students, to be taught religious tenets,
submit to religious admission tests, and attend religious services.
SUPREME COURT, STATE OF COLORADO
Oral Argument: Thursday, December 11, 2014
Bailiff: Justice Hobbs' Chambers
9:00 a.m.
EN BANC
2013SC576 (1 HOUR)
Petitioners:
Antero Resources Corporation, Antero Resources
Piceance Corporation, Calfrac Well Services Corporation,
and Frontier Drilling LLC,
v.
Respondents:
William G. Strudley, individually and as the parent and
natural guardian of William Strudley and Charles Strudley,
both minors and Beth E. Strudley, individually and as the
parent and natural guardian of William Strudley and
Charles Strudley, both minors.
For the Petitioners Antero Resources Corporation
and Antero Resources Piceance Corporation:
Daniel John Dunn
Andrew Christopher Lillie
David A. Demarco
Catherine E. Stetson
HOGAN LOVELLS US, LLP
and
Marie Yeates
Sandra G. Rodriguez
Robert M Schick
James D. Thompson el
VINSON & ELKINS, LLP
For the Petitioner Calfrac Well Services Corporation:
Shannon Wells Stevenson
Gail Leslie Wurtzler
DAVIS GRAHAM & STUBBS LLP
For the Petitioner Frontier Drilling LLC:
Matthew B Dillman
BURNS FIGA & WILL PC
and
Sarah Margaret Shechter
BURNS FIGA & WILL, PC
SUPREME COURT, STATE OF COLORADO
Oral Argument: Thursday, December 11, 2014
Bailiff: Justice Hobbs' Chambers
9:00 a.m.
EN BANC
For the Respondents William G. Strudley, individually
and as the parent and natural guardian of William
Strudley and Charles Strudley, both minors and Beth
E. Strudley, individually and as the parent and natural
guardian of William Strudley and Charles Strudley, both
minors:
Corey Thomas Zurbuch
FRASCONA, JOINER, GOODMAN AND GREEN
and
Marc Jay Bern Out of State Counsel
NAPOLI BERN RIPKA SHKOLNIK & ASSOC.
and
Peter W Thomas
PRAXIDICE
For Amici Curiae American Chemistry Council,
American Coatings Association, American Fuels and
Petrochemical Manufacturers, Independent Petroleum
Association of America, Metals Service Center Institute,
National Association of Manufacturers:
Terry Cipoletti
FENNEMORE CRAIG PC
and
Richard Faulk
HOLLINGSWORTH, LLP
For Amicus Curiae American Petroleum Institute:
Jared R. Butcher
Bennett Evan Cooper
Mark P. Fitzsimmons
STEPTOE & JOHNSON, LLP
For Amici Curiae American Tort Reform
Association, Chamber of Commerce of the United
States of America, Coalition for Litigation Justice, Inc.,
Colorado Civil Justice League, Denver Metro Chamber
of Commerce:
Jessica Elise Yates
Lee Allen Mickus
SNELL & WILMER, LLP
SUPREME COURT, STATE OF COLORADO
Oral Argument: Thursday, December 11, 2014
Bailiff: Justice Hobbs' Chambers
9:00 a.m.
EN BANC
For Amicus Curiae Colorado Defense Lawyers
Association:
Casey A Quillen
Jeffrey Clay Ruebel
RUEBEL & QUILLEN, LLC
For Amicus Curiae Colorado Petroleum Association:
Harriet Ann McConnell
Gregory Rudolf Tan
Christopher John Neumann
GREENBERG TRAURIG, LLP
For Amicus Curiae Colorado Trial Lawyers
Association:
David A Klibaner
KLIBANER LAW FIRM, PC
Certiorari to the Colorado Court of Appeals, 2011CV2218
Docketed: July 26, 2013
At Issue: October 14, 2014
ISSUE(S):
Whether, if such modified case management orders are not prohibited as a matter of law, the district court in this case
acted within its discretion in entering and enforcing such an order.
Whether a district court is barred as a matter of law from entering a modified case management order requiring plaintiffs
to produce evidence essential to their claims after initial disclosures but before further discovery.
SUPREME COURT, STATE OF COLORADO
Oral Argument: Thursday, December 11, 2014
Bailiff: Justice Hobbs' Chambers
10:30 a.m.
EN BANC
2012SC1005 (1 HOUR)
Petitioner:
The People of the State of Colorado,
For the Petitioner The People of the State of
Colorado:
Cameron M. Munier Deputy District Attorney
17TH JUDICIAL DISTRICT ATTORNEY'S OFFICE
v.
Respondent:
For the Respondent Gary Graves:
Alison Lee Ruttenberg
ALISON RUTTENBERG
Gary Graves.
For Amicus Curiae Colorado Criminal Defense Bar:
Tara Nicole Jorfald
Antony Mark Noble
THE NOBLE LAW FIRM, LLC
Certiorari to the District Court, Adams County, 2012CV839
Docketed: December 20, 2012
At Issue: September 8, 2014
ISSUE(S):
Whether the district court erred when it concluded that subsection (1)(d) of C.R.S. section 18-7-301, the Public Indecency
statute, was unconstitutionally vague and overbroad and affirmed the county court's dismissal of that charge as
unconstitutional.
SUPREME COURT, STATE OF COLORADO
Oral Argument: Thursday, December 11, 2014
Bailiff: Justice Hobbs' Chambers
1:30 p.m.
EN BANC
2014SA249 (1 HOUR)
Plaintiffs-Appellees:
Lawrence W Williamson, JR, Esq; Donald Drew Moore,
Esq; and Morgan Drexen, Inc, a California Corporation;
v.
For the Plaintiffs-Appellees Lawrence W Williamson,
JR, Esq., and Donald Drew Moore, Esq.:
Karl Lee Schock
BROWNSTEIN HYATT FARBER SCHRECK, LLP
and
Stephen D Gurr
BRYAN CAVE LLP
Defendant-Appellee:
Walter Joseph Ledda,
and
Defendants-Appellants:
John W. Suthers, in his capacity as Attorney General of
the State of Colorado and Julie Ann Meade, in her
capacity as the Administrator, Uniform Debt-Management
Services Act.
For the Plaintiff-Appellee Morgan Drexen, Inc, a
California Corporation and Defendant-Appellee
Walter Joseph Ledda:
Jason R Dunn
Karl Lee Schock
BROWNSTEIN HYATT FARBER SCHRECK, LLP
For the Defendants-Appellants John W. Suthers, in his
capacity as Attorney General of the State of
Colorado and Julie Ann Meade, in her capacity as
the Administrator, Uniform Debt-Management
Services Act:
Michael Lee Francisco Assistant, Solicitor General
Jeanine M Anderson, Senior Assistant Attorney General
COLORADO DEPARTMENT OF LAW
ISSUE(S):
Appeal from the District Court,
Denver District Court, 2011CV7027
Docketed: August 14, 2014
At Issue: October 14, 2014
ISSUE(S):
Did the trial court err in concluding that Morgan Drexen was exempt from the requirements of the Original DMSA,
under the “legal services” exception to the definition of debt-management services?
Did the trial court err in determining that Morgan Drexen is acting under the supervision of lawyers?
Did the trial court err in concluding that the Amended DMSA violates Article III of the Colorado Constitution,
the separation-of-powers doctrine?
Did the trial court err in concluding there was standing for a challenge to the Amended DMSA as applied to out-of-state
attorneys?
Did the trial court err in concluding that the Amended DMSA violates the United States Constitution?