Colorado Supreme Court Opinions || February 1, 2010
Colorado Supreme Court -- February 1, 2010
Announcement Sheet
OPINIONS
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SUPREME COURT, STATE OF COLORADO
Two East 14th Avenue
Denver, Colorado 80203
Interlocutory Appeal from the District Court District Court,
City and County of Denver Case No. 09CR331
Honorable Christina Habas, Judge
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Case No. 09SA156
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Plaintiff-Appellant:
The People of the State of Colorado,
v.
Defendant-Appellee:
Stephen Lamarr Minor.
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ORDER REVERSED
EN BANC
JUSTICE RICE delivered the Opinion of the Court.
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SUPREME COURT, STATE OF COLORADO
Two East 14th Avenue
Denver, Colorado 80203
Interlocutory Appeal from the District Court Pueblo County District Court Case No. 08CR1018 Honorable Thomas B. Flesher, Judge
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Case No. 09SA212
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Plaintiff-Appellant:
The People of the State of Colorado,
v.
Defendant-Appellee:
James Crippin.
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ORDER REVERSED
EN BANC
JUSTICE COATS delivered the Opinion of the Court.
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PETITIONS FOR REHEARING
NONE
PETITIONS FOR WRIT OF CERTIORARI
No. 09SC446
Court of Appeals Case No. 06CA965
Petitioner:
Ray D. Moore,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 09SC488
Court of Appeals Case No. 07CA1854
Petitioner:
Dawn Horner,
v.
Respondents:
Western Company, LLC, d/b/a Fuelman Western Company; and Fleet Fueling of the Rockies, LLC.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 09SC537
Court of Appeals Case No. 08CA485
Petitioner:
Stratford at Avon, LLC, a Colorado limited liability company,
v.
Respondent:
R.A. Danial Enterprises, Inc., a Delaware corporation.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 09SC627
Court of Appeals Case No. 08CA936
Petitioner:
Lucht’s Concrete Pumping, Inc., a Colorado corporation,
v.
Respondents:
Tracy Horner and Everist Materials, LLC, d/b/a Peak Concrete Pumping, an Iowa limited liability company.
Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issue:
Whether the court of appeals erred in concluding that the continued employment of an existing at-will employee was not adequate consideration to support a noncompetition agreement.
DENIED AS TO ALL OTHER ISSUES.
No. 09SC657
Court of Appeals Case No. 08CA1741
Petitioner:
Christopher M. Altomari,
v.
Respondents:
DISH Network Corporation, a Nevada corporation; and DISH Network, LLC, a Colorado limited liability company.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 09SC837
Court of Appeals Case No. 07CA1148
Petitioner:
James E. Washington,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 09SC887
Court of Appeals Case No. 07CA87
Petitioner:
Arthur L. Martinez,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issue:
Whether petitioner’s rights under the Colorado Constitution to be present during his jury trial and to confrontation were violated when the prosecution assert in closing, without evidentiary reference and support, that petitioner had "tailored" his testimony.
DENIED AS TO ALL OTHER ISSUES.
No. 09SC888
Court of Appeals Case No. 07CA2043
Petitioner:
Carlos David Valenzuela,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC. JUSTICE BENDER would grant as to the following issues:
Whether petitioner’s rights to due process and a fair trial were denied by the denial of a challenge for cause to a juror who demonstrated actual bias against petitioner.
Whether petitioner was denied his right to a fair trial when irrelevant and prejudicial evidence concerning his gang affiliation was admitted as res gestae evidence.
Whether the crimes for extreme indifference murder as a complicitor and conspiracy to commit extreme indifference murder must be vacated since both crimes are legal impossibilities.
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 || February 1, 2010
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