Chief Justice Michael L. Bender

Message for Law Day 2013

Would grant Certiorari on the following issues:

Maria Wilcox v. Luis Silva, Court of Appeals Case No. 11CA823 (November 19, 2012)

Whether the court of appeals erred in holding that evidence presented, arguments made, and jury instructions regarding causation should not have been allowed during the damages trial.

Kenneth Tyler Scott and Clifton Powell v. Saint John’s Church in the Wilderness, a Colorado nonprofit corporation; Charles I. Thompson; and Charles W. Berberich, Court of Appeals Case No. 11CA508 (January 7, 2013)

Whether the court of appeals erred under Snyder, Brown, and Flores in creating new exceptions to the First Amendment to restrict protests at religious events — punishing nonobscene posters and unamplified voices under the law of real property nuisance and civil conspiracy, and with an injunction against trespass and loud voices — where counter-demonstrators remained on public property, did not trespass or impede access, spoke on matters of public concern and complied with city ordinances.

Whether the court of appeals erred twice under New York Times and Bose by failing to consider the First Amendment as a defense.

Mariquita Moran-Butler v. HealthOne/Spalding Rehabilitation Hospital, Transportation Insurance, and ICAOCourt of Appeals Case No. 11CA1309 (August 19, 2013)

Whether the authority of an administrative law judge under section 8-43-207(1)(i),  C.R.S. (2012), to grant reasonable extensions of time “for the taking of any action  contained in this article” applies to a request for specific findings of fact and  conclusions of law under section 8-43-215(1), C.R.S. (2012). Whether the summary order provisions of section 8-43-215(1), including the seven-day deadline to request specific findings of fact and conclusions of law, apply to a remand  order specifically directing the administrative law judge to “make explicit findings of  fact concerning whether there has been an overpayment or underpayment of benefits,”  where the administrative law judge’s prior order did not resolve the issue.