Colorado Supreme Court Opinions || October 15, 2002
Colorado Supreme Court -- October 15, 2002
Announcement Sheet
OPINIONS
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SUPREME COURT, STATE OF COLORADO Two East 14th Avenue Denver, Colorado 80203
Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 99CA164 |
Case No. 01SC440
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Petitioner:
THE PEOPLE OF THE STATE OF COLORADO,
v.
Respondent:
ARMANDO BAILON RAMIREZ. |
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JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS EN BANC
JUSTICE KOURLIS delivered the Opinion of the Court. |
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SUPREME COURT, STATE OF COLORADO Two East 14th Avenue Denver, Colorado 80203
Original Proceeding Pursuant to C.A.R. 21 District Court, City and County of Denver Case No. 01CV1048 Honorable Frank Martinez, Judge |
Case No. 02SA158
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In Re
Plaintiff:
OREN L. BENTON, as trustee for June Adams Q-Tip Trust,
v.
Defendant/Third Party Plaintiff:
JOHN R. ADAMS
and
Third Party Defendant:
OREN L. BENTON. |
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RULE MADE ABSOLUTE EN BANC
JUSTICE HOBBS delivered the Opinion of the Court. |
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SUPREME COURT, STATE OF COLORADO Two East 14th Avenue Denver, Colorado 80203
Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 99CA896 |
Case No. 01SC291
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Petitioner:
TIMOTHY MASTERS,
v.
Respondent:
THE PEOPLE OF THE STATE OF COLORADO. |
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JUDGMENT AFFIRMED EN BANC
JUSTICE RICE delivered the Opinion of the Court. JUSTICE BENDER dissents, and CHIEF JUSTICE MULLARKEY and JUSTICE MARTINEZ join in the dissent. |
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SUPREME COURT, STATE OF COLORADO Two East 14th Avenue Denver, Colorado 80203
Original Proceeding in Discipline Appeal from the Hearing Board, Case No. 01PDJ033 |
Case No. 01SA361
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IN THE MATTER OF ATTORNEY D, Attorney-Respondent.
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RULE MADE ABSOLUTE AND CASE REMANDED EN BANC
JUSTICE COATS delivered the Opinion of the Court. |
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PETITIONS FOR REHEARING
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SUPREME COURT, STATE OF COLORADO Two East 14th Avenue Denver, Colorado 80203
Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 98CA838 |
Case No. 00SC672
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Petitioner/Cross-Respondent:
THE PEOPLE OF THE STATE OF COLORADO,
v.
Respondent/Cross-Petitioner:
WAYNE ROBERT STEWART. |
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Petition modified, and as modified, Petition for Rehearing DENIED. En Banc. |
PETITIONS FOR WRIT OF CERTIORARI
No. 01SC741
Court of Appeals Case No. 99CA1871
ERIK BRENDAN JENSEN, Petitioner/Cross-Respondent,
v.
THE PEOPLE OF THE STATE OF COLORADO, Respondent/Cross-Petitioner.
Petition and Cross-Petition for Writ of Certiorari DENIED. EN BANC.
CHIEF JUSTICE MULLARKEY and JUSTICE BENDER would grant as to the following issue:
Whether Payne v. Tennessee, 501 U.S. 808, 111 S. Ct. 2597, 115 L.Ed.2d 720 (1991), overrides CRE 404(a)’s proscription against introducing irrelevant evidence of the victim’s good character in a non-capital homicide case.
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No. 02SC190
Court of Appeals Case No. 00CA114 (12/20/01)
THE PEOPLE OF THE STATE OF COLORADO, Respondent/Cross-Petitioner.
Petition and Cross-Petition for Writ of Certiorari DENIED. EN BANC.
JUSTICE COATS does not participate.
JUSTICE KOURLIS would grant as to the following issue:
Whether the court of appeals erred in concluding that a defendant has a constitutional due process right to be present in person when the trial court and counsel respond to notes concerning questions of law from a jury during deliberations.
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No. 02SC199
Court of Appeals Case No. 99CA2431 (12/06/01)
JOSHUA C. LAWRENCE, Petitioner,
v.
THE PEOPLE OF THE STATE OF COLORADO, Respondent.
Petition for Writ of Certiorari DENIED. EN BANC.
JUSTICE KOURLIS does not participate.
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No. 02SC232
Court of Appeals Case No. 01CA698 (2/28/02)
CITY OF ENGLEWOOD, a home rule city and a
Colorado municipal corporation, Petitioner,
v.
DENVER WASTE TRANSFER, LLC, Respondent.
Petition for Writ of Certiorari DENIED. EN BANC.
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No. 02SC288
Court of Appeals Case No. 99CA2236 (3/21/02)
JAMES HERNANDEZ, Petitioner,
v.
THE PEOPLE OF THE STATE OF COLORADO, Respondent.
Petition for Writ of Certiorari DENIED. EN BANC.
JUSTICE COATS does not participate.
JUSTICE BENDER would grant as to the following issue:
Whether the trial court reversibly erred by admitting a detective’s videotaped interrogation of the defendant, over defense objections, because the videotape contained inadmissible and prejudicial statements by the detective vouching for the credibility of the alleged victim and against the credibility of defendant.
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No. 02SC297
Court of Appeals Case No. 00CA728 (2/21/02)
RUSSELL HATTON, Respondent.
Petition for Writ of Certiorari DENIED. EN BANC.
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No. 02SC304
Court of Appeals Case No. 00CA400 (2/28/02)
RODNEY E. PIKE and RITA J. PIKE, Petitioners,
v.
AMERICAN STATES PREFERRED INSURANCE
CO., Respondent.
Petition for Writ of Certiorari DENIED. EN BANC.
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No. 02SC307
Court of Appeals Case No. 99CA1507 (2/14/02)
GERALD HAYWARD, Petitioner,
v.
THE PEOPLE OF THE STATE OF COLORADO, Respondent.
Petition for Writ of Certiorari DENIED. EN BANC.
JUSTICE COATS does not participate.
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Nos. 02SC316 & 02SC317
Court of Appeals Case Nos. 00CA1892 & 00CA2373 (3/28/02)
THE PEOPLE OF THE STATE OF COLORADO, Petitioner,
In the Interest of:
J.R.T. and J. A., Minor Children,
v.
JASON MARTINEZ, Respondent.
Petitions for Writ of Certiorari GRANTED. EN BANC.
SUMMARY OF ISSUES:
Whether “voluntarily underemployed” within the meaning of section 14‑10‑110 (7)(b)(I), C.R.S., hinges on whether a parent intentionally chooses to get fired from a job in an effort to reduce his or her income for child support obligation, or whether it hinges on the reduction of available income for child support as a foreseeable consequence of a parent’s misconduct.
Whether a parent is underemployed voluntarily if after he is fired for cause from more than one job, he relocates immediately to another city where he is paid much less than at the positions from which he was fired.
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No. 02SC327
Court of Appeals Case No. 00CA1398 (2/28/02)
KATHRYN SANDOVAL (WARREN), Petitioner,
v.
THE PEOPLE OF THE STATE OF COLORADO, Respondent.
Petition for Writ of Certiorari DENIED. EN BANC.
JUSTICE MARTINEZ and JUSTICE BENDER would grant as to the following issue:
Whether the other bad acts evidence met the requirements of People v. Spoto, 795 P.2d 1314 (Colo. 1990), and People v. Garner, 806 P.2d 366 (Colo. 1991).
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No. 02SC354
Court of Appeals Case No. 00CA1578 (4/18/02)
WILLIAM GARCIA, Petitioner,
v.
THE PEOPLE OF THE STATE OF COLORADO, Respondent.
Petition for Writ of Certiorari DENIED. EN BANC.
JUSTICE RICE and JUSTICE COATS do not participate.
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No. 02SC451
Court of Appeals Case No. 01CA762 (5/23/02)
CITY AND COUNTY OF DENVER, a Colorado
municipal corporation, and its DEPARTMENT
OF ZONING ADMINISTRATION; BRIAN VOLKMAN;
and AGR, LLC, Petitioners,
v.
THE BOARD OF ADJUSTMENT FOR THE
CITY AND COUNTY OF DENVER
and DAVID P. SPENCER, Respondents.
Petition for Writ of Certiorari DENIED. EN BANC.
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No. 02SC494
Court of Appeals Case Nos. 01CA9 & 01CA10 (5/2/02)
D.J.M., Petitioner,
v.
THE PEOPLE OF THE STATE OF COLORADO, Respondent,
In the Interest of:
A.M.G.M.; V.C.M.; J.A.M.; and S.M.M., Minor Children.
Petition for Writ of Certiorari DENIED. EN BANC.
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No. 02SC541
Court of Appeals Case No. 01CA1569 (7/18/02)
T.L. & L.C.A., Petitioners,
v.
THE PEOPLE OF THE STATE OF COLORADO, Respondent,
In the Interest of:
T.L.L.; I.A.L.; T.A.L.; and L.A.A., Minor Children.
Petition for Writ of Certiorari DENIED. EN BANC.
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No. 02SC571
Court of Appeals Case No. 01CA1593 (7/18/02)
E.R.S., Petitioner,
v.
THE PEOPLE OF THE STATE OF COLORADO, Respondent,
In the Interest of A.D.C., Minor Child.
Petition for Writ of Certiorari DENIED. EN BANC.
These opinions are not final. They may be modified, changed or withdrawn in accordance with Rules 40 and 49 of the Colorado Appellate Rules. Changes to or modifications of these opinions resulting from any action taken by the Court of Appeals or the Supreme Court are not incorporated here.
Colorado Supreme Court Opinions || October 15, 2002
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