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Colorado Court of Appeals to hear arguments at Grand Junction's Central High School on Oct. 16

Tuesday, October 14, 2014

GRAND JUNCTION, Colo. – The Colorado Court of Appeals will hear oral arguments in two cases on Thursday, Oct. 16, 2014, at Central High School before an audience of students. The public also is invited to attend.

The visit is part of the Colorado Judicial Branch’s Courts in the Community, the outreach program the Colorado Supreme Court and Court of Appeals initiated on Law Day (May 1), 1986. The Courts in the Community program was developed to give Colorado high school students firsthand experience in how the Colorado judicial system works and illustrate how disputes are resolved in a democratic society. These are not mock proceedings. The court will hear arguments in actual cases from which it will issue opinions. The court generally issues opinions within a few weeks of the arguments.

The 22 judges of the Colorado Court of Appeals sit in divisions of three judges to hear cases. Judges hearing these cases are James S. Casebolt (presiding), Gilbert M. Román and Richard L. Gabriel.

The two cases are:

  • Alex Terranova v. Adams 12 Five Star School District: Alex Terranova played varsity baseball at his high school in Broomfield in 2011 when he claims he suffered traumatic brain injuries when he was hit in the head by a baseball on two separate occasions within the same month.  He and his family sued the school district, the baseball coach and several other individuals, claiming while Mr. Terranova displayed symptoms of a concussion on both occasions, the coach ignored recent training on head injuries and allowed Mr. Terranova to continue practicing.  The trial court granted the defendants’ motion to dismiss several of the Terranovas’ claims for relief, finding that since there was no “willful and wanton” conduct on behalf of the defendants, governmental immunity protected the defendants from legal action.  The Terranovas are asking the Court of Appeals to review the trial court’s conclusion on governmental immunity as well as the trial court’s decision to order the Terranovas to pay the defendants’ attorney fees.
  • The People of the State of Colorado v. Jesus Jimenez-Ayala: Jesus Jimenez-Ayala is serving an 86-year prison term after a jury convicted him of numerous counts including burglary, kidnapping and assault based on an incident at an Adams County house in 2010. Jimenez-Ayala and three other men entered the house, where they found four minors and one adult. Two of the minors and one responding law enforcement officer were shot and wounded.  Mr. Jimenez-Ayala was stopped by police about a mile from the house.  In his appeal, he argues the trial court should not have allowed the jury to hear statements Jimenez-Ayala made to the officer who arrested him or to view other evidence because the arresting officer did not have reasonable suspicion to stop him or probable cause to arrest him.  He also argues the prosecution failed to provide enough evidence to support the guilty verdict, and that the trial court improperly failed to instruct the jury on his requested defense that he abandoned the crime and was no longer responsible for the criminal acts of the other men.

The proceedings will begin at 9 a.m. Thursday, Oct. 16, in the auditorium at Central High School, 550 Warrior Way, Grand Junction, CO 81504. A question-and-answer session, during which the students can ask questions of the attorneys, will follow the arguments in each case. At the conclusion of the second argument, the students also will have the opportunity to participate in a question-and-answer session with the Court of Appeals judges.

There will be a limited number of seats for the public. Audio recordings from the two arguments will be available online within one to two days of the arguments at http://www.courts.state.co.us/Courts/Court_Of_Appeals/Oral_Arguments/Index.cfm.

Editor’s Note:

The documents related to these two cases are located at: http://www.courts.state.co.us/Courts/Education/Materials.cfm?s=Fall&y=2014

Additional information on the Courts in the Community program is available at: http://www.courts.state.co.us/Courts/Education/Community.cfm

News media organizations interested in recording the arguments may contact Jon Sarché at the State Court Administrator’s Office (contact information below). The following pages contain information about expanded media coverage.

We will be reserving seats for journalists. Please contact Jon Sarché at jon.sarche@judicial.state.co.us or at 720-625-5811 if you plan to attend.

 

 

 

This information is provided as an e-mail service of the Colorado State Judicial Branch, Office of State Court Administrator, 1300 Broadway, Suite 1200, Denver, Colo. 80203. To discontinue this service or update your e-mail address, please respond to this message with your name, contact information and any comments.

 

 

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