Colorado Supreme Court Opinions || June 20, 2011
Colorado Supreme Court -- June 20, 2011
Announcement Sheet
OPINIONS
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SUPREME COURT, STATE OF COLORADO
101 West Colfax Avenue, Suite 800
Denver, Colorado 80202
Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 08CA2659
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Case No. 10SC94
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Petitioners:
Denver Post Corporation, a Colorado corporation, d/b/a The Denver Post, and Karen Crummy, a Colorado citizen,
v.
Respondent:
Bill Ritter, Governor of the State of Colorado. |
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JUDGMENT AFFIRMED
EN BANC
JUSTICE HOBBS delivered the Opinion of the Court.
JUSTICE RICE dissents, and JUSTICE EID joins in the dissent. JUSTICE EID dissents.
JUSTICE MÁRQUEZ does not participate.
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SUPREME COURT, STATE OF COLORADO
101 West Colfax Avenue, Suite 800
Denver, Colorado 80202
Appeal from the District Court
Water Division 1, Case No. 04CW310
Honorable Roger A. Klein, Judge
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Case No. 09SA213
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Concerning the Application for Water Rights of the City and County of Broomfield in Adams, Broomfield, Boulder and Weld Counties.
Opposers-Appellants/Cross-Appellees:
Centennial Water and Sanitation District and City of Boulder,
v.
Applicant-Appellee/Cross-Appellant:
City and County of Broomfield,
and
Opposers-Appellees/Cross-Appellees:
City of Aurora, Brighton Ditch Company, City of Englewood, Farmers Reservoir and Irrigation Company, City of Longmont, City of Louisville, New Consolidated Lower Boulder Reservoir and Ditch Company, Northern Colorado Water Conservancy District, Platteville Irrigation and Milling Company, Public Service Company of Colorado, d/b/a Xcel Energy, South Adams County Water and Sanitation District, City of Thornton, and City of Westminster,
and
Appellee Pursuant to C.A.R. 1(e):
James R. Hall, Division Engineer for Water Division No. 1. |
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ORDER AFFIRMED
EN BANC
JUSTICE EID delivered the Opinion of the Court. |
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SUPREME COURT, STATE OF COLORADO
101 West Colfax Avenue, Suite 800
Denver, Colorado 80202
Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 08CA2231
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Case No. 10SC39
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Petitioners:
Codiejo Apodaca, n/k/a Codiejo Martinez, and Michelle I. Carlton,
v.
Respondent:
Allstate Insurance Company, an Illinois insurance corporation. |
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JUDGMENT AFFIRMED
EN BANC
JUSTICE MÁRQUEZ delivered the Opinion of the Court. |
PETITIONS FOR REHEARING
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SUPREME COURT, STATE OF COLORADO
101 West Colfax Avenue, Suite 800
Denver, Colorado 80202
Original Proceeding Pursuant to C.A.R. 21
Arapahoe County District Court Case No. 06CR697
Honorable Gerald J. Rafferty, Judge
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Case No. 10SA341
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In Re:
Plaintiff:
The People of the State of Colorado,
v.
Defendant:
Robert Keith Ray.
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Opinion modified, and as modified, Petition for Rehearing DENIED. EN BANC. |
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SUPREME COURT, STATE OF COLORADO
101 West Colfax Avenue, Suite 800
Denver, Colorado 80202
Appeal from the District Court
Water Division 1, Case No. 02CW403
Honorable Judge Roger A. Klein, Judge
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Case No. 09SA133
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Applicant-Appellants:
Burlington Ditch Reservoir and Land Company; Farmers Reservoir and Irrigation Company; United Water and Sanitation District; Henrylyn Irrigation District; and East Cherry Creek Valley Water and Sanitation District,
and
Opposers-Appellants:
City of Thornton; City of Brighton; and City and County of Denver, acting by and through its Board of Water Commissioners,
Opposer-Appellant/Opposer-Appellee:
City of Englewood,
v.
Opposers-Appellees:
Metro Wastewater Reclamation District; Public Service Company of Colorado, d/b/a Xcel Energy, Inc.; Town of Lochbuie; Platte Valley Irrigation Company; City of Aurora; Golf Course Heritage Todd Creek; Todd Creek Farms Metro District; Centennial Water & Sanitation District; City of Boulder; Harmony Ditch Company; Irrigationists' Association; State Board of Land Commissioners; Colorado Division of Wildlife; City of Black Hawk; City and County of Broomfield; Lower Latham Reservoir Company; Aggregate Industries-WCR, Inc.; Albert Frei & Sons, Inc.; Henderson Aggregate, Ltd.; HP Farms, Inc.; PV Water Holdings, LLC; Adams County Board of Commissioners; Riverside Irrigation District; Riverside Land Company; Brighton Ditch Company; Parker Water and Sanitation District; Platteville Irrigating & Milling Company; Central Colorado Water Conservancy District; South Adams County Water & Sanitation District; Rangeview Metropolitan District; Equus Farms, Inc.; State Water Engineer; Fulton Irrigation Ditch Company; City of Greeley; Northern Colorado Water Conservancy District; Bijou Irrigation District; City of Commerce City; David DeChant; Consolidated Ditches Company of District No. 2; City of Sterling; and Arapahoe County Water & Wastewater,
Appellee Pursuant to C.A.R. 1(e):
James Hall, Division Engineer for Water Division No. 1. |
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Opinion modified, and as modified, Petitions for Rehearing DENIED. EN BANC. |
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SUPREME COURT, STATE OF COLORADO
101 West Colfax Avenue, Suite 800
Denver, Colorado 80202
Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 08CA134
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Case No. 09SC534
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Petitioners:
Qwest Services Corporation and Qwest Corporation,
v.
Respondents:
Andrew Blood, Carrie Blood, and Public Service Company of Colorado, d/b/a Xcel Energy. |
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Opinion modified, and as modified, Petition for Rehearing DENIED. EN BANC.
JUSTICE RICE and JUSTICE EID would grant the Petition.
JUSTICE COATS does not participate.
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SUPREME COURT, STATE OF COLORADO
101 West Colfax Avenue, Suite 800
Denver, Colorado 80202
Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 06CA1207
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Case No. 09SC652
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Petitioner:
Terry Townsend,
v.
Respondent:
The People of the State of Colorado |
Petition for Rehearing DENIED. EN BANC.
CHIEF JUSTICE BENDER and JUSTICE MARTINEZ would grant the Petition.
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PETITIONS FOR WRIT OF CERTIORARI
No. 10SC564
Court of Appeals Case No. 06CA1632
Petitioner:
Darrick Love,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC. JUSTICE COATS does not participate.
JUSTICE MARTINEZ would grant as to the following issue:
Whether the court of appeals correctly held that the defendant’s right to speedy trial was not violated.
No. 10SC817
Court of Appeals Case Nos. 09CA1322 and 09CA2181
Petitioners:
The Gap, Inc. and Leggett & Platt, Incorporated,
v.
Respondents:
Maria Ostrom, in her official capacity as Interim Finance Director and City Treasurer of the City of Thornton; City of Thornton, a municipal corporation; Roxanne Huber, in her official capacity as Executive Director of the Colorado Department of Revenue; Timothy T. Weber, in his official capacity as Deputy Director of the Colorado Department of Revenue and Hearing Officer; City and County of Denver, a municipal corporation; City of Littleton, a municipal corporation; and City of Colorado Springs, a municipal corporation.
Petition for Writ of Certiorari DENIED. EN BANC. JUSTICE EID would grant as to the following issues:
Whether the court of appeals erred in holding that The Gap’s purchases of store fixtures occurred in Thornton, for purposes of the Thornton tax ordinance, where the store fixtures were delivered to The Gap outside of Thornton by third party carriers.
Whether the attempt by the City of Thornton to tax The Gap’s purchases of store fixtures from a vendor located in Thornton, where the store fixtures were delivered to The Gap outside of Thornton and outside of Colorado by third party carriers, is in conflict with the decisions of the United States Supreme Court in National Bellas Hess, Inc.v. Department of Revenue of Illinois,386 U.S. 753 (1967), and Quill Corp. v. North Dakota,504 U.S. 298 (1992), and the United States Constitution.
No. 10SC866
Weld County District Court Case No. 10CV478
Petitioner:
Tecca Rivera,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 09CA183
Petitioner:
Gary William Carrico, Jr.,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC52
Court of Appeals Case No. 09CA283
Petitioner:
Albert Lee Pacheco,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 10CA164
Petitioner:
Vicki Carr,
v.
Respondents:
Industrial Claim Appeals Office; Pasco/SW, Inc; and Pinnacol Assurance.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 07CA1745
Petitioner:
Christopher Wieberg,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC. JUSTICE MÁRQUEZ does not participate.
No. 11SC150
Court of Appeals Case No. 09CA2254
Petitioners:
John Person and Janie Person,
v.
Respondent:
Dan Weller, a/k/a Daniel L. Weller, d/b/a Dan Weller Insurance Agency.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 07CA2176
Petitioner:
Erik Dean Rabes,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 07CA1877
Petitioner:
Andrew Gabriel Fuentes,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 08CA2702
Petitioner:
Rocky Lee Martinez,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC177
Court of Appeals Case No. 10CA972
Petitioner:
Diligent Delivery Systems,
v.
Respondents:
Industrial Claim Appeals Office of the State of Colorado, Division of Employment & Training and Darren R. Brouhard.
Petition for Writ of Certiorari DENIED. EN BANC. JUSTICE MÁRQUEZ does not participate.
Court of Appeals Case No. 10CA1599
Petitioner:
Western Logistics, Inc.,
v.
Respondents:
Industrial Claim Appeals Office of the State of Colorado, Division of Employment & Training and Veronica Gomez.
Petition for Writ of Certiorari DENIED. EN BANC. JUSTICE MÁRQUEZ does not participate.
Court of Appeals Case No. 09CA63
Petitioner:
Edgar Robles-Vasquez,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC195
Court of Appeals Case No. 10CA361
Petitioner: Dennis Gonzales,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 07CA2549
Petitioner:
Ahmad Aziz,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 10CA766
Petitioner:
Process Serving Solutions,
v.
Respondents:
Industrial Claim Appeals Office of the State of Colorado and Louise M. Barnes.
Petition for Writ of Certiorari DENIED. EN BANC.
El Paso County District Court Case No. 11CV40
Petitioner:
Judy Ruth,
v.
Respondents:
Kathy Gene Pebley and James Robert Pebley.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC223
Court of Appeals Case No. 09CA850
Petitioner:
William David Gross,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 10CA2050
Petitioner:
David Fornes,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 10CA400
Petitioner:
Carlos Hurtado Bustamante,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 09CA2562
Petitioner:
Jonathan Newcome,
v.
Respondent:
Maryilynne Solomon, as Parent and Next Friend of Joshua Solomon, a minor.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC257
Court of Appeals Case No. 09CA1309
Petitioner:
Michael Todd Frazier,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 08CA2377
Petitioner:
Robert J. Freeman,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC. JUSTICE MÁRQUEZ does not participate.
Arapahoe County District Court Case No. 09CV2447
Petitioner:
Aymen Abdu,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 09CA401
Petitioner:
Heidi Louise Fruhling,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC. JUSTICE MÁRQUEZ does not participate.
No. 11SC267
Court of Appeals Case No. 10CA97
Petitioner: Steven Simons,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 09CA2545
Petitioner:
Jeffrey Allen Robb,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 09CA180
Petitioner:
Jeffrey Michael Freeman,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 09CA2677
Petitioner:
Derrell Bell,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC276
Court of Appeals Case No. 08CA1238
Petitioner:
Sergio Valencia, a/k/a Cesar Holguin,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 09CA2329
Petitioner:
Gardner Woodward,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 09CA1456
Petitioner:
Nancy Ruth Bautista,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 10CA22
Petitioner: Michael Carrillo,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC284
Court of Appeals Case No. 09CA1302
Petitioner:
Joshua Daniel Reeves,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 07CA2042
Petitioner:
Jorge Daniel Valdez,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 10CA981
Petitioner:
Paul Tinsley,
v.
Respondent:
The People of the State of Colorado.
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 || June 20, 2011
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