SUPREME COURT, STATE OF COLORADO 9:00 a.m.
Oral Argument: Tuesday, October 20, 2009 EN BANC
Bailiff: Ben Figa/Andy Lanoha
08SC654 (1 HOUR)
Petitioner:Norman Adkins,
v.
Respondent:
The People of the State of Colorado. / ))))))))))) / For the Petitioner:
Douglas K. Wilson
Colorado State Public Defender
Anne Stockham
Deputy State Public Defender
For the Respondent:
John W. Suthers
Attorney General
Roger G. Billotte
Assistant Attorney General
Certiorari to the Colorado Court of Appeals, 05CA2443
Docketed: August 15, 2008
At Issue: September 24, 2009
ISSUE(S):
Whether the court of appeals erred when it held that the defendant's evidence of the alternate suspect's prior similar arrest was inadmissible.
Whether the court of appeals erred when it held that evidence of a prior similar act was admissible against the defendant.
______
Oral Argument: Tuesday, October 20, 2009 10:00 a.m.
EN BANC
08SC650 (½ HOUR)
Petitioner:Boubacar Doumbouya,
v.
Respondents:
The County Court of the City and County of Denver and Honorable Andre Rudolph, one of the judges thereof and the City and County of Denver. / )))))))))))) / For the Petitioner:
Barrett Weisz
Robert T. Fishman
Ridley, McGreevy & Weisz, P.C.
For the Respondent:
David R. Fine
City Attorney
Melissa Drazen-Smith
Vince A. DiCroce
Nathaniel P. Fehrmann
Assistant City Attorneys
Certiorari to the District Court, City and County of Denver, 07CV6924
Docketed: August 12, 2008
At Issue: September 16, 2009
ISSUE(S):
Whether a single question concerning petitioner's likely deportation in the event of conviction created the “manifest necessity” of declaring a mistrial, where the question was designed to establish the complaining witness’ motive and bias stemming from the ongoing custody battle between the witness’ awareness that petitioner’s deportation would result in sole custody of their child. ______
SUPREME COURT, STATE OF COLORADO 1:30 p.m.
Oral Argument: Tuesday, October 20, 2009 EN BANC
Bailiff: Brock Swanson/Andra Zeppelin
08SC588 (1 HOUR)
Petitioner/Cross-Respondent:The People of the State of Colorado,
v.
Respondent/Cross-Petitioner:
David Arthur Wittrein. / ))))))))))) / For the Petitioner/Cross-Respondent:
John W. Suthers
Attorney General
Katharine J. Gillespie
Assistant Attorney General
For the Respondent/Cross-Petitioner:
Douglas K. Wilson
Colorado State Public Defender
Alan Kratz
Deputy State Public Defender
Certiorari to the Colorado Court of Appeals, 04CA2118
Docketed: July 24, 2008
At Issue: September 11, 2009
ISSUE(S):
Whether the court of appeals erred in finding that, when a defendant objects, it is per se reversible error for the trial court to permit the competency hearing to be held in front of the jury.
Whether the court of appeals erred in reversing the convictions based on expert testimony the defendant elicited during his cross-examination of the People’s expert.
Whether the court of appeals erred in holding that a trial court may decline to even review an alleged sexual assault victim’s school records in camera if the defendant argues that the records may contain impeachment evidence, and applied an erroneous legal standard in determining that, assuming the trial court should have reviewed the alleged victim’s mental health records in camera, the error was harmless.
______
Oral Argument: Tuesday, October 20, 2009 2:30 p.m.
EN BANC
08SC698 (1 HOUR)
Petitioner:The Board of County Commissioners of the County of Rio Blanco, State of Colorado,
v.
Respondent:
ExxonMobil Oil Corporation. / ))))))))))))))))))))))))))))) / For the Petitioner:
Malcolm M. Murray
M. Patrick Wilson
Murray Dahl Kuechenmeister
& Renaud LLP
For the Respondent:
Neil I. Pomerantz
Robert R. Gunning
Mark E. Medina
Silverstein & Pomerantz LLP
For Amici Curiae Colorado Counties, Inc. and Colorado Municipal League:
Thomas J. Lyons
Beth A. Dickhaus
Hall & Evans, L.L.C.
and
Geoffrey T. Wilson
Colorado Municipal League
For Amici Curiae Colorado Association of Commerce and Industry, Colorado Independent Energy Association, Broadband Tax Institute, Colorado Mining Association and Comcast Holdings Corporation:
Alan Poe
Holland & Hart LLP
Certiorari to the Colorado Court of Appeals, 07CA1054
Docketed: September 4, 2008
At Issue: September 4, 2009
ISSUE(S):
Are materials and equipment that are used in the extraction and processing of natural gas “construction and building materials” subject to the use tax that local governments may impose pursuant to section 29-2-109(1), C.R.S. (2008).
______
SUPREME COURT, STATE OF COLORADO 9:00 a.m.
Oral Argument: Thursday, October 22, 2009 EN BANC
Bailiff: Margrit Parker/ David Scherr
08SC1073 (1 HOUR)
Petitioner:Wolf Ranch, LLC, a Colorado limited liability company,
v.
Respondent:
City of Colorado Springs, a Colorado
home-rule city. / ))))))))))))))))) / For the Petitioner:
J. Gregory Walta
J. Gregory Walta, P.C.
and
Bruce M. Wright
Flynn Wright & Fredman, LLC
For the Respondent:
Patricia K. Kelly
City Attorney/Chief Legal Officer
Will Bain
Senior City Attorney
For Amicus Curiae Colorado Municipal League:
Erin E. Goff
Colorado Municipal League
Certiorari to the Colorado Court of Appeals, 07CA2184
Docketed: December 23, 2008
At Issue: August 28, 2009
ISSUE(S):
Whether the court of appeals erred in ruling that the Regulatory Impairment of Property Rights Act, C.R.S. sections 29-20-201 to 205 is not applicable when a governmental body legislatively adopts a uniform fee, but then determines on an individual and discretionary basis whether or not to apply the fee to specific properties.
______
Oral Argument: Thursday, October 22, 2009 10:00 a.m.
EN BANC
08SC884 (½ HOUR)
Petitioner:James M. Crumb, Jr.,
v.
Respondent:
The People of the State of Colorado. / ))))))))) / For the Petitioner:
Antony M. Noble
The Noble Law Firm, LLC
For the Respondent:
John W. Suthers
Attorney General
Deborah Isenberg Pratt
Assistant Attorney General
Certiorari to the Colorado Court of Appeals, 06CA0814
Docketed: October 29, 2008
At Issue: September 14, 2009
ISSUE(S):
Whether a trial judge’s participation in plea discussions, in violation of section 16-7-302(1), C.R.S. (2008), and Crim. P. 11(f)(4) is harmless error where the defendant had rejected previous plea offers and had only agreed to plead guilty after the trial judge advised him of the sentence that would be imposed if he was found guilty at trial and compared that with the sentencing consequences of pleading guilty.
______
SUPREME COURT, STATE OF COLORADO 1:30 p.m.
Public Hearing: Thursday, October 22, 2009 EN BANC
Bailiff: Lynn Kubiak
Proposed Changes to Colorado Code
of Judicial Conduct