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9:00 a.m. SUPREME COURT, STATE OF COLORADO Oral Argument: Tuesday, October 2, 2012 EN BANC Bailiff: Chief Justice Bender's Chambers 2011SC664 (1 HOUR) Petitioner: The People of the State of Colorado, v. Respondent: Jason LaRosa. For the Petitioner The People of the State of Colorado: Paul Edward Koehler, First Assistant Attorney General OFFICE OF THE ATTORNEY GENERAL For the Respondent Jason LaRosa: Forrest Wayne Lewis FORREST W LEWIS PC Certiorari to the Colorado Court of Appeals, 2010CA926 Docketed: September 14, 2011 At Issue: May 4, 2012 ISSUE(S): Whether the court of appeals erred when it reversed a conviction based on the corpus delicti doctrine, which prevents convicting a defendant based on his uncorroborated confession alone.

SUPREME COURT, STATE OF COLORADO 9:00 a.m. Oral … · SUPREME COURT, STATE OF COLORADO 9:00 a.m. Oral Argument: Tuesday, October 2, 2012 EN BANC Bailiff: Chief Justice Bender's Chambers

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Page 1: SUPREME COURT, STATE OF COLORADO 9:00 a.m. Oral … · SUPREME COURT, STATE OF COLORADO 9:00 a.m. Oral Argument: Tuesday, October 2, 2012 EN BANC Bailiff: Chief Justice Bender's Chambers

9:00 a.m.SUPREME COURT, STATE OF COLORADOOral Argument: Tuesday, October 2, 2012 EN BANCBailiff: Chief Justice Bender's Chambers

2011SC664 (1 HOUR)

Petitioner:

The People of the State of Colorado,

v.

Respondent:

Jason LaRosa.

For the Petitioner The People of the State of Colorado:Paul Edward Koehler, First Assistant Attorney GeneralOFFICE OF THE ATTORNEY GENERAL

For the Respondent Jason LaRosa:Forrest Wayne LewisFORREST W LEWIS PC

Certiorari to the Colorado Court of Appeals, 2010CA926Docketed: September 14, 2011At Issue: May 4, 2012

ISSUE(S):

Whether the court of appeals erred when it reversed a conviction based on the corpus delicti doctrine, which prevents convicting a defendant based on his uncorroborated confession alone.

Page 2: SUPREME COURT, STATE OF COLORADO 9:00 a.m. Oral … · SUPREME COURT, STATE OF COLORADO 9:00 a.m. Oral Argument: Tuesday, October 2, 2012 EN BANC Bailiff: Chief Justice Bender's Chambers

10:00 a.m.SUPREME COURT, STATE OF COLORADOOral Argument: Tuesday, October 2, 2012 EN BANCBailiff: Chief Justice Bender's Chambers

2011SC264 (30 MINUTES)

Petitioner:

Yanick Kazadi,

v.

Respondent:

The People of the State of Colorado.

For the Petitioner Yanick Kazadi:Antony Mark NobleTHE NOBLE LAW FIRM, LLC

For the Respondent The People of the State of Colorado:Emmy Ashmus Langley, Assistant Attorney GeneralOffice of the Attorney General

For Amicus Curiae American Immigration Lawyers Association of ColoradoAaron Clarke HallJOSEPH LAW FIRM, P.C.andEmily Assunta WhiteSTERN & CURRAY LLCFor Amicus Curiae Colorado Criminal Defense BarHans Christopher MeyerLAW OFFICE OF HANS MEYER, PCandVioleta Raquel ChapinUNIVERSITY OF COLORADO LAW SCHOOL,

Certiorari to the Colorado Court of Appeals, 2009CA2640Docketed: April 18, 2011At Issue: May 21, 2012

ISSUE(S):

Whether a criminal defendant has the right to apply for post-conviction review of a deferred judgment pursuant to section 18-1-410, C.R.S. (2010) and Crim. P. 35(c).

Page 3: SUPREME COURT, STATE OF COLORADO 9:00 a.m. Oral … · SUPREME COURT, STATE OF COLORADO 9:00 a.m. Oral Argument: Tuesday, October 2, 2012 EN BANC Bailiff: Chief Justice Bender's Chambers

10:30 a.m.SUPREME COURT, STATE OF COLORADOOral Argument: Tuesday, October 2, 2012 EN BANCBailiff: Chief Justice Bender's Chambers

2010SC762 (1 HOUR)

Petitioner:

The Federal Deposit Insurance Corporation, in its capacity as Receiver,

v.

Respondent:

Yale Fisher.

For the Petitioner The Federal Deposit Insurance Corporation, in its capacity as Receiver:Steven Reeves RiderJeffery O McAnallenJames T MarkusDevi Colene YortyMARKUS WILLIAMS YOUNG & ZIMMERMANN

For the Respondent Yale Fisher:Bennett L CohenPhilip W BledsoePOLSINELLI SHUGHART, PC

Certiorari to the Colorado Court of Appeals, 2009CA162Docketed: November 8, 2010At Issue: July 25, 2011

ISSUE(S):

Whether the court of appeals erred in holding that section 38-10-124(2), C.R.S. (2010), allowed the introduction of extrinsic evidence to interpret an allegedly ambiguous contract.

Page 4: SUPREME COURT, STATE OF COLORADO 9:00 a.m. Oral … · SUPREME COURT, STATE OF COLORADO 9:00 a.m. Oral Argument: Tuesday, October 2, 2012 EN BANC Bailiff: Chief Justice Bender's Chambers

1:30 p.m.SUPREME COURT, STATE OF COLORADOOral Argument: Tuesday, October 2, 2012 EN BANCBailiff: Chief Justice Bender's Chambers

2010SC688 (1 HOUR)

Petitioner:

Atlantic Richfield Company,

v.

Respondent:

Whiting Oil and Gas Corporation, f/k/a Equity Oil Company.

For the Petitioner Atlantic Richfield Company:Elizabeth TitusShannon Wells StevensonDAVIS GRAHAM & STUBBS LLP

For the Respondent Whiting Oil and Gas Corporation, f/k/a Equity Oil Company:Keith D TooleyKathryn HaightWELBORN SULLIVAN MECK TOOLEY, P.C.

For Amicus Curiae The Colorado Bar AssociationJames William BainBENJAMIN BAIN & HOWARD, LLCandDaniel A SweetserSWEETSER LAW FIRM PC

Certiorari to the Colorado Court of Appeals, 2009CA1081Docketed: October 12, 2010At Issue: March 16, 2012

ISSUE(S):

Whether the reformation provision is unconstitutionally retrospective, where such reformation deprives a party of its vested interest in real property.

Whether the Statutory Rule against Perpetuities Act's reformation provision, section 15-11-1106(2), C.R.S. (2009), authorizes a court to reform a nondonative, commercial option created prior to the effective date of the Act in order to bring it into compliance with the common law rule against perpetuities.

Page 5: SUPREME COURT, STATE OF COLORADO 9:00 a.m. Oral … · SUPREME COURT, STATE OF COLORADO 9:00 a.m. Oral Argument: Tuesday, October 2, 2012 EN BANC Bailiff: Chief Justice Bender's Chambers

8:45 a.m.SUPREME COURT, STATE OF COLORADOOral Argument: Wednesday, October 3, 2012 EN BANCBailiff: Justice Hobbs' Chambers

2011SC382 (1 HOUR)

Petitioner:

Walter James Tate,

v.

Respondent:

The People of the State of Colorado.

For the Petitioner Walter James Tate:Nicholas J. SarwarkCOLORADO STATE PUBLIC DEFENDER

For the Respondent The People of the State of Colorado:L. Andrew Cooper, Assistant District Attorney18TH JUDICIAL DISTRICT ATTORNEY

Certiorari to the District Court, Arapahoe County, 2009CV2334Docketed: June 3, 2011At Issue: May 18, 2012

ISSUE(S):

Whether the district court erred in finding that there was reasonable suspicion for an officer to contact the petitioner based on observing a parked vehicle, with the engine running and a man apparently asleep at the wheel.

Whether the district court erred in finding that a person must be conscious and awake to be seized under the Fourth Amendment.

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Golden High School, Golden, CO
Page 6: SUPREME COURT, STATE OF COLORADO 9:00 a.m. Oral … · SUPREME COURT, STATE OF COLORADO 9:00 a.m. Oral Argument: Tuesday, October 2, 2012 EN BANC Bailiff: Chief Justice Bender's Chambers

10:00 a.m.SUPREME COURT, STATE OF COLORADOOral Argument: Wednesday, October 3, 2012 EN BANCBailiff: Justice Hobbs' Chambers

2011SC529 (1 HOUR)

Petitioners:

L. A. N. a/k/a L.A.C. by and through her Guardian ad Litem and The People of the State of Colorado,

In the Interest of Minor Child:

L. A. N. a/k/a L.A.C.,

v.

Respondent:

L. M. B..

For the Petitioner L. A. N. a/k/a L.A.C. by and through her Guardian ad Litem:Amy J PackerPACKER LAW FIRM, LLC

For the Petitioner The People of the State of Colorado:Laura Grzetic Eibsen, Assistant City AttorneyDENVER CITY ATTORNEY'S OFFICE

For the Respondent L. M. B.:Susan Patricia HalloranandKerry Elizabeth SimpsonPICKARD & ASSOCIATES

For Amicus Curiae Office of the Chiild's Representative

Certiorari to the Colorado Court of Appeals, 2010CA2408Docketed: July 27, 2011At Issue: May 21, 2012

ISSUE(S):

Whether the court of appeals erred in determining that the child's psychotherapist-patient privilege was waived with respect to certain materials in the psychotherapist's file.

Whether a guardian ad litem in a dependency and neglect proceeding can waive the child's psychotherapist-patient privilege.

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Text Box
Golden High School, Golden, CO
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Text Box
Sheri Danz
Page 7: SUPREME COURT, STATE OF COLORADO 9:00 a.m. Oral … · SUPREME COURT, STATE OF COLORADO 9:00 a.m. Oral Argument: Tuesday, October 2, 2012 EN BANC Bailiff: Chief Justice Bender's Chambers

9:00 a.m.SUPREME COURT, STATE OF COLORADOOral Argument: Thursday, October 4, 2012 EN BANCBailiff: Justice Rice's Chambers

2011SC333 (45 MINUTES)

Petitioner:

Steven Robles,

v.

Respondent:

The People of the State of Colorado.

For the Petitioner Steven Robles:Richard Allen HostetlerLAW FIRM OF RICHARD A HOSTETLER

For the Respondent The People of the State of Colorado:Joseph G. MichaelsOFFICE OF THE ATTORNEY GENERAL

Certiorari to the Colorado Court of Appeals, 2006CA934Docketed: May 11, 2011At Issue: July 12, 2012

ISSUE(S):

Whether the court of appeals erred in finding that the use of a numbers only system for referring to jurors was not reversible error despite the trial court's failure to meet the standard adopted by the court of appeals regarding when a trial court can impanel an anonymous or numbers only jury.

Page 8: SUPREME COURT, STATE OF COLORADO 9:00 a.m. Oral … · SUPREME COURT, STATE OF COLORADO 9:00 a.m. Oral Argument: Tuesday, October 2, 2012 EN BANC Bailiff: Chief Justice Bender's Chambers

9:45 a.m.SUPREME COURT, STATE OF COLORADOOral Argument: Thursday, October 4, 2012 EN BANCBailiff: Justice Rice's Chambers

2010SC616 (45 MINUTES)

Petitioner:

Rene Perez,

v.

Respondent:

The People of the State of Colorado.

For the Petitioner Rene Perez:Thomas Karel CarberryTHOMAS K. CARBERRY, LAWYER

For the Respondent The People of the State of Colorado:Joseph G. Michaels, Assistant Attorney GeneralOFFICE OF THE ATTORNEY GENERAL

Certiorari to the Colorado Court of Appeals, 2008CA2296Docketed: September 13, 2010At Issue: December 20, 2011

ISSUE(S):

Whether the trial court violated petitioner's fundamental rights to a fair and public trial, to the presumption of innocence, and to equal protection, and violated long-standing federal case law, by arbitrarily ruling that the lawyers had to refer to the jurors by number rather than name and by seating an anonymous jury without any justification other than the court's routine policy.

Page 9: SUPREME COURT, STATE OF COLORADO 9:00 a.m. Oral … · SUPREME COURT, STATE OF COLORADO 9:00 a.m. Oral Argument: Tuesday, October 2, 2012 EN BANC Bailiff: Chief Justice Bender's Chambers

10:30 a.m.SUPREME COURT, STATE OF COLORADOOral Argument: Thursday, October 4, 2012 EN BANCBailiff: Justice Rice's Chambers

2011SC375 (45 MINUTES)

Petitioner:

Martha Rizo,

v.

Respondent:

The People of the State of Colorado.

For the Petitioner Martha Rizo:Cynthia A. HarveyHARVEY LAW FIRM, LLC

For the Respondent The People of the State of Colorado:Joseph G. Michaels, Assistant Attorney GeneralOFFICE OF THE ATTORNEY GENERAL

Certiorari to the Colorado Court of Appeals, 2009CA1140Docketed: May 31, 2011At Issue: March 8, 2012

ISSUE(S):

Whether the trial court violate petitioner's fundamental rights to a fair and public trial, to the presumption of innocence, andto equal protection, and violated long-standing federal case law, by arbitrarily ruling that the lawyers had to refer to the jurors by number rather than name and by seating an anonymous jury without any justification other than the trial court's routine policy.