February 16, 2012
On March 6, 2012, the full Colorado Supreme Court will have a regular session at Colorado Law as part of its community outreach program. This will be the first official visit by the Court to CU since completion of the Wolf Law Building. The court will hear arguments in the Wittemyer Courtroom in two cases, one beginning at 9:00 a.m., and another beginning at 10:30 a.m. Each session will last for approximately an hour. The first case to be argued is a criminal appeal, the other is an appeal in a civil commercial dispute. Students, alumni, faculty, staff, and the public are invited to attend.
The Court will hear the appeal of an Arapahoe criminal conviction in People v. Davis. The defendant, Cameron Chad Davis, was convicted of reckless manslaughter as a lesser-included offense of a first-degree murder charge, accessory to a crime, and reckless endangerment for his participation as a driver in a drive-by shooting. He appeals his convictions, arguing that the trial court erred in admitting statements by witnesses concerning other witness’ veracity, and arguing that the prosecutor unfairly remarked about the defendant’s Fifth Amendment right to silence. The Colorado Court of Appeals affirmed the trial court and Davis appealed to the Supreme Court. Assistant Attorney General John Lee is slated to argue for the people and Lauretta A. Martin Neff, of Bayfield, Colorado for Davis.
In AC Excavating, Inc. v. Yale, the Court will hear arguments relating to interpretation of Colorado’s Trust Fund Statute, section 38-22-127. Specifically, does the Trust Fund Statute limit the source or intended use of funds that must be held in trust for the payment of subcontractors? The Colorado Court of Appeals, in a split decision, reversed the trial court’s entry of judgment in Yale’s favor on the civil theft claim. Henry “Hank” Sand, of Broomfield, Colorado, is scheduled to represent the Plaintiff-Appellant. Timothy G. Atkinson and Kelley A. Bergelt of Ireland Stapleton Pryor & Pascoe, PC are on record for Defendant-Appellee
After the arguments, the lawyers for the parties will discuss the cases with law students and members of the CU community. The Court will hold a question and answer session after the proceedings, and will then enjoy lunch with students and faculty. As part of Colorado Law’s greater educational mission, the school has invited the undergraduate political science department, pre-law students, and local high school government teachers to the proceedings.
Colorado Law is pleased to host this public forum and welcomes the Justices and the court officials to the school. Many of the justices have deep ties to CU, including Chief Justice Bender, who graduated the law school in 1967. Justice Coats received both his BA and law degree from Colorado, and Justice Rice has been an adjunct professor at Colorado Law for many years. Prior to joining the Court, Justice Eid was a tenured Associate Professor at Colorado Law, teaching Constitutional Law, Legislation, and Torts, and writing on the topic of constitutional federalism.