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9:00 a.m.SUPREME COURT, STATE OF COLORADOOral Argument: Wednesday, March 6, 2013 EN BANCBailiff: Justice Eid's Chambers
2011SC669 (1 HOUR)
Petitioner:
Qwest Corporation,
v.
Respondent:
Colorado Division of Property Taxation, Department of Local Affairs, State of Colorado.
For the Petitioner Qwest Corporation:Roy Allen AdkinsCENTURYLINK CORPORATIONDavid J DriscollSarah Anne CroogGARLIN DRISCOLL, LLCandGregory J KerwinGIBSON, DUNN & CRUTCHER LLP
For the Respondent Colorado Division of Property Taxation, Department of Local Affairs, State of Colorado:Robert H Dodd, Senior Assistant Attorney GeneralDaniel Desmond Domenico, Solicitor GeneralOFFICE OF THE ATTORNEY GENERAL
Certiorari to the Colorado Court of Appeals, 2010CA1320Docketed: September 15, 2011At Issue: December 10, 2012
ISSUE(S):
Whether the court of appeals erred in rejecting petitioner's Equal Protection challenge to the Colorado Division of Property Tax's discrimination against petitioner on property tax valuations, by relying on a novel theory of 'administrative convenience,' as a purported rational basis for such disparate treatment, even though the Colorado Division of Property Tax did not rely on, and neither party briefed, that justification, and this Court's precedents do not support 'administrative convenience' as a justification for the disparate treatment of similarly situated entities.
Whether the court of appeals erred in holding that the Colorado Division of Property Tax's disparate treatment of petitioneris a constitutional ownership-based classification arising from petitioner's status as a public utility, and in failing to enforce the Colorado Constitution's Uniform Taxation Clause.
Whether the court of appeals erred in interpreting C.R.S. sections 39-3-118 and 39-1-103(13)(a) as allowing Colorado Division of Property Tax to assess petitioner's property in a manner that disfavors petitioner, and favors petitioner's cable company competitors, a disparity that Colorado Division of Property Tax itself acknowledges.
10:00 a.m.SUPREME COURT, STATE OF COLORADOOral Argument: Wednesday, March 6, 2013 EN BANCBailiff: Justice Eid's Chambers
2011SC350 (30 MINUTES)
Petitioner:
Chad Patrick Coughlin,
v.
Respondent:
The People of the State of Colorado.
For the Petitioner Chad Patrick Coughlin:Ryann Shea Hardman, Deputy Public DefenderOffice of the Public Defender
For the Respondent The People of the State of Colorado:John T. Lee, Assistant Attorney GeneralOffice of the Attorney General
Certiorari to the Colorado Court of Appeals, 2009CA947Docketed: May 19, 2011At Issue:
ISSUE(S):
Whether the trial court's failure to give Colorado's stock jury instruction regarding the limited use of a prior felony conviction requires reversal of Coughlin's convictions.
10:30 a.m.SUPREME COURT, STATE OF COLORADOOral Argument: Wednesday, March 6, 2013 EN BANCBailiff: Justice Eid's Chambers
2011SC516 (1 HOUR)
Petitioners/Cross-Respondents:
Dennis Shaw and First Horizon Home Loan Corporation,
v.
Respondent/Cross-Petitioner:
17 West Mill St, LLC, a Colorado limited liability company.
For the Petitioners/Cross-Respondents Dennis Shaw and First Horizon Home Loan Corporation:Alan David SweetbaumJonathan Gray NashSWEETBAUM SANDS ANDERSON PC
For the Respondent/Cross-Petitioner 17 West Mill St, LLC, a Colorado limited liability company:Craig A WeinbergSTEVENS LITTMAN BIDDISON THARP & WEINBERG
For Amicus Curiae Colorado Bar AssociationFor Amicus Curiae Land Title Association of ColoradoDaniel A SweetserSWEETSER LAW FIRM PC For Amicus Curiae Real Estate Law Section of the Colorado Bar AssociationGeoffrey Charles KlingspornDAVIS GRAHAM & STUBBS, LLPandGregory Joseph NotarianniNOTARIANNI & NOTARIANNI
Certiorari to the Colorado Court of Appeals, 2010CA955Docketed: July 25, 2011At Issue: December 20, 2012
ISSUE(S):
Whether the court of appeals erred by concluding that the General Assembly intended a release of a deed of trust by a public trustee to be void under section 38-39-102, C.R.S. (2011), where the requester committed constructive fraud in the request for the release.
1:30 p.m.SUPREME COURT, STATE OF COLORADOOral Argument: Wednesday, March 6, 2013 EN BANCBailiff: Justice Eid's Chambers
2012SC49 (1 HOUR)
Petitioner:
Industrial Claim Appeals Office,
v.
Respondents:
Colorado Department of Labor and Employment and Kathleen A. Hopkins.
For the Petitioner Industrial Claim Appeals Office:Tricia A. Leakey, Assistant Attorney GeneralOffice of the Attorney General
For the Respondent Kathleen A. Hopkins:Rajasimha RaghunathUNIV. OF DENVER STUDENT LAW OFFFICE
Certiorari to the Colorado Court of Appeals, 2011CA239Docketed: January 18, 2012At Issue: December 4, 2012
ISSUE(S):
Whether under section 8-73-110(a)(I), C.R.S. (2011), a claimant's weekly unemployment benefits must be reduced when she is also receiving a pension, retirement or retired pay, or annuity that has been contributed to at any time by a base period employer.
2:30 p.m.SUPREME COURT, STATE OF COLORADOOral Argument: Wednesday, March 6, 2013 EN BANCBailiff: Justice Eid's Chambers
2011SC961 (1 HOUR)
Petitioner:
Planning Partners International, LLC,
v.
Respondent:
QED, Inc..
For the Petitioner Planning Partners International, LLC:David Warren FeederFELDMANN NAGEL, LLCandDerek C. BlassMESSNER & REEVES, LLC
For the Respondent QED, Inc.:Benjamin Phillip ParrottWilliam C BrittanCAMPBELL KILLIN BRITTAN &RAY, LLC
Certiorari to the Colorado Court of Appeals, 2010CA1848Docketed: December 29, 2011At Issue: December 7, 2012
ISSUE(S):
Whether the court of appeals erred when it determined that Colorado's district courts do not have discretion to determine whether, and how, an award of attorney fees should be apportioned between claim and counterclaims.
9:00 a.m.SUPREME COURT, STATE OF COLORADOOral Argument: Thursday, March 7, 2013 EN BANC
2012SA89 (30 MINUTES)
In the Matter of:
Betty Bass.
Appeal from the District Court, ,Docketed: March 26, 2012At Issue: November 9, 2012
ISSUE(S):
9:30 a.m.SUPREME COURT, STATE OF COLORADOOral Argument: Thursday, March 7, 2013 EN BANC
2012SA25 (1 HOUR)
Plaintiffs-Appellees:
Anthony Lobato, as an individual and as parent and natural guardian of Taylor Lobato and Alexa Lobato; Denise Lobato, as an individual and as parent and natural guardian of Taylor Lobato and Alexa Lobato; Miguel Cendejas and Yuri Cendejas,individually and as parents and natural guardians of Natalia Cendejas and Salma Cendejas; Pantaleon Villagomez and Maria Villagomez, as individuals and as parents and natural guardians of Chris Villagomez, Monique Villagomez and Angel Villagomez; Linda Warsh,as an individual and as parent and natural guardian of Adam Warsh, Karen Warsh, and Ashley Warsh; Herbert Conboy and Victoria Conboy, as as individuals and as parents and natural guardians of Tabitha Conboy, Timothy Conboy and Keila Barish; Terry Hart, as an individual and as parent and natural guardian of Katherine Hart; Larry Howe-Kerr and Anne Kathleen Howe-Kerr, as individuals and as parents and natural guardians of Lauren Howe-Kerr and Luke Howe-Kerr; Jennifer Pate, as an individual and as parent and natural guardian of Ethan Pate, Evelyn Pate and Adeline Pate; Robert L. Podio and Blanche J. Podio, as individuals and as parents and natural guardians of Robert T. Podio and Samantha Podio; Tim Hunt and Sabrina Hunt, as individuals and as parents and natural guardians of Darean Hunt and Jeffrey Hunt; Doug Vondy, as an individual and as parent and natural guardian of Hannah Vondy; Denise Vondy, as an individual and as parent and natural guardian of Hannah and Kyle Leaf; Brad Weisensee and Traci Weisensee, as individuals and as parenst and natural guardians of Joseph Weisensee, Anna Weisensee, Amy Weisensee and Elijah Weisensee; Stephen Topping, as an individual and as parent and natural guardian of Michael Topping; Debbie Gould, as an individual and as parent and natural guardian of Hannah Gould, Ben Gould and Daniel Gould; Lillian Leroux Snr, as an individual and as parent and natural guardian of Lillian Leroux III, Ashley Leroux, Alixandra Leroux and Amber Leroux; Theresa Wrangham, as an individual and as parent and natural guardian of Rachel Wrangham; Lisa Calderon, as an individual and as parent and natural guardian of Savannah Smith; Jessica Spangler, as an individual and as parent and natural guardian of Rider Donovan Spangler; Jefferson County School District No. R-1; Colorado Springs School District No. 11, in the County of El Paso; Bethune School District No. R-5; Alamosa School District, No. RE-11J; Centennial School District No. R-1; Center Consolidated School District No. 26JT, of the Counties of Saguache and Rio Grande and Alamosa; Creede Consolidated School District No. 1 in the County of Mineral and State of Colorado; Del Norte
For the Plaintiff-Appellee Anthony Lobato, as an individual and as parent and natural guardian of Taylor Lobato and Alexa Lobato:Jennifer Weiser BezozaandKathleen Joan GebhardtandAlexander HalpernALEXANDER HALPERN LLCandDaniel P. SpiveyDAVIS GRAHAM & STUBBSandKenzo Sunao KawanabeDAVIS GRAHAM & STUBBS LLPandTerry Ryan MillerGeoffrey Charles KlingspornDAVIS GRAHAM & STUBBS, LLP
For the Plaintiff-Appellee Denise Lobato, as an individual and as parent and natural guardian of Taylor Lobato and Alexa Lobato:Jennifer Weiser BezozaandKathleen Joan GebhardtandDaniel P. SpiveyDAVIS GRAHAM & STUBBSandKenzo Sunao KawanabeDAVIS GRAHAM & STUBBS LLPandTerry Ryan MillerGeoffrey Charles KlingspornDAVIS GRAHAM & STUBBS, LLP
For the Plaintiff-Appellee Miguel Cendejas and Yuri Cendejas,individually and as parents and natural guardians of Natalia Cendejas and Salma Cendejas:Jennifer Weiser BezozaandKathleen Joan Gebhardt
For the Plaintiff-Appellee Pantaleon Villagomez and Maria Villagomez, as individuals and as parents and natural guardians of Chris Villagomez, Monique Villagomez and Angel Villagomez:Jennifer Weiser BezozaandKathleen Joan Gebhardt
9:30 a.m.SUPREME COURT, STATE OF COLORADOOral Argument: Thursday, March 7, 2013 EN BANC
Consolidated School District No. C-7; Moffat, School District No. 2, in the County of Saguache and State of Colorado; Monte Vista School District No. C-8; Mountain Valley School District No. RE 1; North Conejos School District No. RE 1J; Sanford, School District No. 6, in the County of Conejos and State of Colorado; Sangre de Cristo School District, No. RE-22J; Sargent School District No. RE-33J; Sierra Grande School District No. R-30; South Conejos School District No. RE10; Aurora Joint School District No. 28 of the Counties of Adams and Arapahoe; Moffat County School District Re: No. 1; Montezuma-Cortez School District No. RE-1; and Pueblo, School District No. 60 in the County of Pueblo and State of Colorado;
and
Plaintiffs-Intervenors-Appellees:
Armandina Ortega, individually and as next friend for her minor children, S. Ortega and B. Ortega; Gabriel Guzman, individually and as next friend for his minor children, G. Guzman, Al. Guzman and Ar. Guzman; Robert Pizano, individually and as next friend for his minor children Ar. Pizano and An. Pizano; Maria Pina, individually and as next friend for her minor children Ma. Pina and Mo. Pina; and Martha Lopez, individually and as next friend for her minor children S. Lopez and L. Lopez;
v.
Defendants-Appellants:
The State of Colorado; Colorado State Board of Education; Robert K. Hammond, in his official capacity as Commissioner of Education of the State of Colorado; and John Hickenlooper, in his official capacity as Governor of the State of Colorado.
For the Plaintiff-Appellee Linda Warsh,as an individual and as parent and natural guardian of Adam Warsh, Karen Warsh, and Ashley Warsh:Jennifer Weiser BezozaandKathleen Joan Gebhardt
For the Plaintiff-Appellee Herbert Conboy and Victoria Conboy, as as individuals and as parents and natural guardians of Tabitha Conboy, Timothy Conboy and Keila Barish:Jennifer Weiser BezozaandKathleen Joan Gebhardt
For the Plaintiff-Appellee Terry Hart, as an individual and as parent and natural guardian of Katherine Hart:Jennifer Weiser Bezoza
For the Plaintiff-Appellee Larry Howe-Kerr and Anne Kathleen Howe-Kerr, as individuals and as parents and natural guardians of Lauren Howe-Kerr and Luke Howe-Kerr:Jennifer Weiser BezozaandKathleen Joan Gebhardt
For the Plaintiff-Appellee Jennifer Pate, as an individual and as parent and natural guardian of Ethan Pate, Evelyn Pate and Adeline Pate:Jennifer Weiser BezozaandKathleen Joan Gebhardt
For the Plaintiff-Appellee Robert L. Podio and Blanche J. Podio, as individuals and as parents and natural guardians of Robert T. Podio and Samantha Podio:Jennifer Weiser BezozaandKathleen Joan Gebhardt
For the Plaintiff-Appellee Tim Hunt and Sabrina Hunt, as individuals and as parents and natural guardians of Darean Hunt and Jeffrey Hunt:Jennifer Weiser BezozaandKathleen Joan Gebhardt
For the Plaintiff-Appellee Doug Vondy, as an individual and as parent and natural guardian of Hannah Vondy:Jennifer Weiser Bezoza
For the Plaintiff-Appellee Denise Vondy, as an individual and as parent and natural guardian of
9:30 a.m.SUPREME COURT, STATE OF COLORADOOral Argument: Thursday, March 7, 2013 EN BANC
Hannah and Kyle Leaf:Jennifer Weiser Bezoza
For the Plaintiff-Appellee Brad Weisensee and Traci Weisensee, as individuals and as parenst and natural guardians of Joseph Weisensee, Anna Weisensee, Amy Weisensee and Elijah Weisensee:Jennifer Weiser BezozaandKathleen Joan Gebhardt
For the Plaintiff-Appellee Stephen Topping, as an individual and as parent and natural guardian of Michael Topping:Jennifer Weiser BezozaandKathleen Joan Gebhardt
For the Plaintiff-Appellee Debbie Gould, as an individual and as parent and natural guardian of Hannah Gould, Ben Gould and Daniel Gould:Jennifer Weiser BezozaandKathleen Joan Gebhardt
For the Plaintiff-Appellee Lillian Leroux Snr, as an individual and as parent and natural guardian of Lillian Leroux III, Ashley Leroux, Alixandra Leroux and Amber Leroux:Jennifer Weiser BezozaandJessica Elise YatesSNELL & WILMER L.L.P.
For the Plaintiff-Appellee Theresa Wrangham, as an individual and as parent and natural guardian of Rachel Wrangham:Jennifer Weiser Bezoza
For the Plaintiff-Appellee Lisa Calderon, as an individual and as parent and natural guardian of Savannah Smith:Jennifer Weiser BezozaandKathleen Joan Gebhardt
For the Plaintiff-Appellee Jessica Spangler, as an individual and as parent and natural guardian of Rider Donovan Spangler:Jennifer Weiser BezozaandKathleen Joan Gebhardt
For the Plaintiff-Appellee Jefferson County School District No. R-1:Jennifer Weiser Bezozaand
9:30 a.m.SUPREME COURT, STATE OF COLORADOOral Argument: Thursday, March 7, 2013 EN BANC
Kathleen Joan GebhardtandDaniel P. SpiveyDAVIS GRAHAM & STUBBSandKenzo Sunao KawanabeDAVIS GRAHAM & STUBBS LLPandTerry Ryan MillerGeoffrey Charles KlingspornDAVIS GRAHAM & STUBBS, LLPandMark Brian WiletskyHOLLAND & HARTandAlyssa King YatskoHOLLAND & HART LLP
For the Plaintiff-Appellee Colorado Springs School District No. 11, in the County of El Paso:Jennifer Weiser BezozaandKathleen Joan GebhardtandDaniel P. SpiveyDAVIS GRAHAM & STUBBSandKenzo Sunao KawanabeDAVIS GRAHAM & STUBBS LLPandTerry Ryan MillerGeoffrey Charles KlingspornDAVIS GRAHAM & STUBBS, LLP
For the Plaintiff-Appellee Bethune School District No. R-5:Jennifer Weiser BezozaandKathleen Joan Gebhardt
For the Plaintiff-Appellee Alamosa School District, No. RE-11J:Jennifer Weiser BezozaandKathleen Joan GebhardtandDaniel P. SpiveyDAVIS GRAHAM & STUBBSandKenzo Sunao KawanabeDAVIS GRAHAM & STUBBS LLPandGeoffrey Charles KlingspornTerry Ryan MillerDAVIS GRAHAM & STUBBS, LLP
For the Plaintiff-Appellee Centennial School District
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