SUPREME COURT, STATE OF COLORADO 8:45 a.m. Oral Argument: Tuesday, October 26, 2010 EN BANC Bailiff: Blake Reid/Sarah Goldberg

Courts in the Community Mountain Range High School Westminster, Colorado

09SC781 (1 HOUR)

Petitioner: ) For the Petitioner: ) Robert A. Garcin Cheryl A. Kendrick, ) Law Office of Robert A. Garcin ) v. ) For the Respondent: ) Troy A. Ukasick Respondent: ) The Ukasick Law Firm ) Holly L. Pippin. ) For Amicus Curiae Colorado Trial ) Lawyers Association: ) Julia T. Thompson ) Schoenwald & Thompson LLC ) and ) Thomas D. Neville ) Ogborn Summerlin & Ogborn, LLC ) ) For Amicus Curiae Colorado Defense ) Lawyers Association: ) Franklin D. Patterson ) Brian D. Kennedy ) Patterson, Nuss & Seymour, P.C.

Certiorari to the Colorado Court of Appeals, 08CA1487 Docketed: September 17, 2009 At Issue: July 14, 2010

ISSUE(S):

Whether the court of appeals erred in holding that a driver who loses control of a vehicle in winter driving conditions and collides with a vehicle stopped at a traffic light is entitled to a sudden emergency jury instruction.

issues cont’d on next page 09SC781 Issues cont’d from previous page

Whether the court of appeals erred in concluding that a plaintiff is not entitled to an instruction based on res ipsa loquitur when the defendant loses control of her vehicle during winter driving conditions and collides with the plaintiff.

Whether the court of appeals erred in concluding that jury misconduct did not occur when a member of the jury made her own calculations regarding vehicle accident reaction time and shared the calculations with the other members of the jury. ______Oral Argument: Tuesday, October 26, 2010 10:15 a.m. EN BANC

09SC119 (1 HOUR)

Petitioner: ) For the Petitioner: ) David M. Korrey Scott Michael French, ) Law Offices of David M. Korrey ) v. ) ) For the Respondent: Respondent: ) John W. Suthers ) Attorney General The People of the State of Colorado. ) Jennifer A. Berman ) Assistant Attorney General

Certiorari to the Colorado Court of Appeals, 04CA2383 and 05CA1328 Docketed: February 9, 2009 At Issue: May 27, 2010

ISSUE(S):

Whether the court of appeals erred when it held that the record contained sufficient evidence enabling a jury to find French guilty of computer crime pursuant to section 18-5.5-102, C.R.S. (1998).

Whether the court of appeals erred when it held that the record contained sufficient evidence enabling a jury to find French guilty of securities fraud pursuant to section 11-51-501(1)(b), C.R.S. (1998).

Whether the court of appeals erred in upholding the trial court’s assessment of restitution absent evidence that French harmed the specific victims. ______SUPREME COURT, STATE OF COLORADO 9:00 a.m. Oral Argument: Wednesday, October 27, 2010 EN BANC Bailiff: Grant Sullivan/Timothy Zimmerman

09SC708 (1 HOUR)

Petitioner: ) For the Petitioner: ) John W. Suthers The People of the State of Colorado, ) Attorney General ) Susan Eileen Friedman v. ) Assistant Attorney General ) Respondent: ) For the Respondent: ) Paul Grant Tember Terri Rector. )

Certiorari to the Colorado Court of Appeals, 06CA747 Docketed: August 24, 2009 At Issue: September 9, 2010

ISSUE(S):

Whether the court of appeals acted counter to other published case law in reversing the defendant’s convictions based on the erroneous finding that the medical expert opined on an ultimate legal issue, and therefore, usurped the role of the jury.

Whether the court of appeals acted counter to other published case law in finding that, pursuant to People v. Shreck, 22 P.3d 68 (Colo. 2001), the district court should have made findings to determine the reliability of the expert’s anticipated testimony that the child-victim’s injuries were caused by an intentional act of abuse, and whether the lack of findings constituted reversible or harmless error. ______Oral Argument: Wednesday, October 27, 2010 10:00 a.m. EN BANC

09SC375 (½ HOUR)

Petitioner: ) For the Petitioner: ) Elizabeth A. McClintock Mark Stevens Pellman, II, ) Theodore P. McClintock ) McClintock & McClintock, P.C. v. ) ) Respondent: ) For the Respondent: ) John W. Suthers The People of the State of Colorado. ) Attorney General ) Wendy J. Ritz ) First Assistant Attorney General

Certiorari to the Colorado Court of Appeals, 07CA1063 Docketed: May 4, 2009 At Issue: May 26, 2010

ISSUE(S):

Whether the court of appeals incorrectly interpreted the statutory definition of “position of trust” by failing to give effect to the language of the statute requiring an actor to be in a position of trust “at the time of an unlawful act.” ______Oral Argument: Wednesday, October 27, 2010 10:30 a.m. EN BANC

09SC1019 (½ HOUR)

Petitioner: ) For the Petitioner: ) Douglas K. Wilson Joey L. Evans, ) Colorado State Public Defender ) Cory D. Riddle v. ) Deputy State Public Defender ) Joey Evans Respondent: ) Deputy State Public Defender ) The People of the State of Colorado. ) For the Respondent: ) John W. Suthers ) Attorney General ) Jonathan P. Fero ) Assistant Attorney General

Certiorari to the Colorado Court of Appeals, 08CA459 Docketed: December 11, 2009 At Issue: August 12, 2010

ISSUE(S):

Whether the district court and the court of appeals erred by concluding that the trial court lacked authority to reduce a sentence where imposition of incarceration is discretionary. ______SUPREME COURT, STATE OF COLORADO 1:30 p.m. Public Hearing: Wednesday, October 27, 2010 EN BANC Bailiff: Susan Festag

Public Hearing Cancelled

Public Hearing Appendix to Chapters 18 to 20 Colorado Rules of Professional Conduct SUPREME COURT, STATE OF COLORADO 9:00 a.m. Oral Argument: Thursday, October 28, 2010 EN BANC Bailiff: Tricia Leakey/Margrit Parker

09SC986 (1 HOUR)

Petitioners: ) For the Petitioners: ) Wm. Andrew Wills II Alex Delano, Wolfgang Baeck, Carlos Perez, ) John S. Pfeiffer Kevin Werner, and Mark Parker, ) Wills & Adams, LLP ) v. ) ) Respondent: ) For the Respondent: ) James A. Reed Jeffrey M. Busch. ) James A. Reed, P.C.

Certiorari to the Colorado Court of Appeals, 07CA455 Docketed: November 27, 2009 At Issue: May 17, 2010

ISSUE(S):

Whether, as a matter of law, two officers of the same corporation can engage in a conspiracy with each other to commit a tort while acting within the scope of their authority and in furtherance of the corporation’s interests.

Whether the court of appeals erred in reversing the trial court’s findings of fact and in holding that Busch and Jeffers were acting within that scope of their authority when making the false representations. ______Oral Argument: Thursday, October 28, 2010 10:00 a.m. EN BANC

09SC582 (½ HOUR)

Petitioner: ) For the Petitioner: ) John W. Suthers The People of the State of Colorado, ) Attorney General ) Patricia R. Van Horn v. ) Assistant Attorney General ) Respondent: ) For the Respondent: ) Thomas K. Carberry Andreas Rubio. )

Certiorari to the Colorado Court of Appeals, 06CA2014 Docketed: July 10, 2009 At Issue: July 9, 2010

ISSUE(S):

Whether the court of appeals erred in concluding that a defendant was entitled to jury instructions on lesser non-included offenses for four of six counts arising from the same criminal act. Oral Argument: Thursday, October 28, 2010 10:30 a.m. EN BANC

09SC963 (½ HOUR)

Petitioner: ) For the Petitioner: ) Brad R. Irwin Timothy A. Gognat, ) Chris L. Ingold ) Irwin & Boesen, P.C. v. ) ) Respondents: ) For the Respondent Stephen Smith: ) Alan Epstein Chet J. Ellsworth, Joanne Ellsworth, Stephen ) Michael W. Jones Smith, and MSD Energy Inc. ) Bruce A. Menk ) Hall & Evans, L.L.C. ) ) For the Respondents Chet J. Ellsworth, ) Joanne Ellsworth, and MSD Energy, ) Inc. (adopted answer brief of ) respondent Smith): ) David L. McCarl ) and ) John P. Lange

Certiorari to the Colorado Court of Appeals, 08CA1158 and 08CA1745 Docketed: November 16, 2009 At Issue: July 29, 2010

ISSUE(S):

Whether the trial court and court of appeals correctly concluded that there were no genuine issues of material fact regarding the accrual of Gognat’s trade secret misappropriation claims. SUPREME COURT, STATE OF COLORADO 1:30 p.m. Oral Argument: Thursday, October 28 , 2010 EN BANC Bailiff: Catherine Ruhland/Timothy Zimmerman

09SC229 (1 HOUR)

Petitioner: ) For the Petitioner: ) James E. Puga The Estate of Catherine Ford, ) Daniel A. Lipman ) Benjamin Sachs v. ) Leventhal, Brown & Puga, P.C. ) Respondents: ) For the Respondents: ) Joseph C. Jaudon Danny J. Eicher, M.D. and Consultants in ) David H. Yun Obstetrics and Gynecology, P.C. ) Jared R. Ellis ) Jaudon & Avery LLP ) ) For Amicus Curiae American College ) of Obstetricians and Gynecologists: ) Kevin J. Kuhn ) Ramona L. Lampley ) Wheeler Trigg O’Donnell LLP ) ) For Amicus Curiae The Regents of the ) University of Colorado: ) Patrick T. O’Rourke ) Office of University Counsel )

Certiorari to the Colorado Court of Appeals, 06CA1625 Docketed: March 23, 2009 At Issue: July 7, 2010

ISSUE(S):

Whether the court of appeals properly applied People v. Shreck, 22 P.3d 68 (Colo. 2001), and People v. Ramirez, 155 P.3d 371 (Colo. 2007), in its review of the trial court’s exclusion of expert testimony when it concluded that the causation testimony of two medical experts was reliable and therefore admissible and reversed the trial court’s exclusion of that testimony. ______Oral Argument: Thursday, October 28, 2010 2:30 p.m. EN BANC

09SC989 (½ HOUR)

In re the Parental Responsibilities of ) For the Petitioner: ) Anthony Viorst L. S., child, ) The Viorst Law Offices, P.C. ) Petitioner: ) ) For the Respondent: Tatanjia Willard Spotanski McNamara, ) William E. Zimsky ) William E. Zimsky, P.C. v. ) ) Respondent: ) ) Stacy Joe Spotanski. )

Certiorari to the Colorado Court of Appeals, 08CA1872 Docketed: November 30, 2009 At Issue: August 5, 2010

ISSUE(S):

Whether the court of appeals misinterpreted the Parental Kidnapping Protection Act, the statutory embodiment of the full-faith-and-credit clause of the United States Constitution, thereby erring in its determination that a “Colorado court must respect and enforce the prior Nebraska orders.” ______Oral Argument: Thursday, October 28, 2010 3:00 p.m. EN BANC

09SC1002 (½ HOUR)

Petitioner: ) For the Petitioner: ) Carol Chambers The People of the State of Colorado, ) District Attorney ) L. Andrew Cooper v. ) Deputy District Attorney ) Respondent: ) For the Respondent: ) Katherine Brien Arnold Wehmas. ) Brien & Martinez Law, LLC.

Certiorari to the District Court, Arapahoe County, 09CV1514 Docketed: December 4, 2009 At Issue: August 16, 2010

ISSUE(S):

Whether a DUI in Colorado is a sufficiently grave offense to justify warrantless entry into a home, when exigent circumstances are present. ______