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Colorado Court of Appeals to hear arguments at the Denver School of Science and Technology on Oct. 21

Monday, October 19, 2015

DENVER – The Colorado Court of Appeals will hear oral arguments in two cases at the Green Valley Ranch campus of the Denver School of Science and Technology on Wednesday, Oct. 21, 2015, 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. Hearing cases at DSST are Chief Judge Alan M. Loeb (presiding), and Judges Steve Bernard and Diana Terry.

The two cases are:

  • 14CA2012, David Cubbage v. Derek Richter et al.: Several members of the Commerce City Police Department have asked the Colorado Court of Appeals to review a trial court’s decision denying their motion to dismiss a libel lawsuit filed against them by Mr. Cubbage, also a member of the department. Mr. Cubbage’s lawsuit alleged the defendants wrote a letter containing defamatory statements against him which later were published on the Commerce City web site and in The Denver Post. The defendants asked a trial court to dismiss the lawsuit, arguing they were working as city employees when they wrote the letter and therefore were immune from liability under the Colorado Governmental Immunity Act. The trial court concluded that when the defendants wrote the letter, they were acting as members of the Fraternal Order of Police rather than as city employees and so were not immune from civil liability. The Colorado Court of Appeals was asked to determine whether that decision was made in error.

 

  • 14CA0015, The People of the State of Colorado v. Rebbeca Marie Kelley: Ms. Kelley asked the Colorado Court of Appeals to review her convictions on charges of possession of methamphetamine and drug paraphernalia as well as introduction of contraband into a detention facility. Ms. Kelley was arrested after she consented to a police officer’s request to search her vehicle after an incident in the parking lot of a medical marijuana dispensary. During the search, the officer found syringes and methamphetamine. Ms. Kelley was then taken to a police substation holding cell and instructed to turn over some personal effects, which were transported with her to the El Paso County Criminal Justice Center, where an intake officer found methamphetamine hidden in Ms. Kelley’s personal effects. The Colorado Court of Appeals was asked to consider whether the trial court was correct in denying Ms. Kelley’s motion to suppress evidence, as well as whether there was sufficient evidence to convict her of the charge of introducing contraband into a detention facility.

 

The proceedings will begin at 10 a.m. Wednesday, Oct. 21, at the Green Valley Ranch campus of the Denver School of Science and Technology, 4800 Telluride St., Denver, CO 80249. A question-and-answer session, during which the students may 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=2015

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.

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