Colorado Supreme Court Opinions || August 15, 2011
Colorado Supreme Court -- August 15, 2011
Announcement Sheet
OPINIONS
NONE
PETITIONS FOR REHEARING
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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. 08CA1872
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Case No. 09SC989
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In re the Parental Responsibilities of L.S., Child,
and Concerning,
Petitioner:
Tatanjia Willyard Spotanski McNamara,
and
Respondent:
Stacy Joe Spotanski.
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Petition for Rehearing DENIED. EN BANC.
JUSTICE MARTINEZ, JUSTICE COATS and JUSTICE MÁRQUEZ would grant the Petition.
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PETITIONS FOR WRIT OF CERTIORARI
No. 10SC823
Court of Appeals Case No. 07CA2324
Petitioner:
James Wylie,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 08CA2436
Petitioner:
Viola Marie Dominguez,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 09CA820
Petitioner:
Kamyar Samimi,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC1
Court of Appeals Case No. 09CA2480
Petitioners:
Chris Forsyth Law Office, LLC; Chris Forsyth; and May B. McCormick,
v.
Respondents:
Exempla Healthcare; Thomas, Pollart, Miller & Wetmore LLC; and Brad Miller.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC32
Court of Appeals Case No. 10CA256
Petitioner:
Rick Martin, a Trustee for the Rick Martin Living Trust, and Rick Martin, an individual,
v.
Respondents:
US Bank National Association and Richard G. Gebhardt, as Boulder County Public Trustee.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC35
Boulder County District Court Case No. 10CV765
Petitioner:
The People of the State of Colorado,
v.
Respondent:
John Michael Angerer.
Petition for Writ of Certiorari DENIED. EN BANC.
JUSTICE MARTINEZ and JUSTICE COATS would grant as to the following issues:
Whether the district court erred by using an abuse of discretion standard to evaluate the county court’s determination that a witness’s testimony is incredible as a matter of law.
Whether a court has jurisdiction to exclude expert testimony because it is incredible as a matter of law.
Whether the district court abused its discretion when it affirmed the county court’s ruling of no probable cause given the amount of circumstantial evidence presented.
No. 11SC66
Court of Appeals Case No. 08CA80
Petitioner:
Jeremiah Jermaine Gooley,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC. JUSTICE MÁRQUEZ does not participate.
No. 11SC67
Court of Appeals Case No. 08CA2575
Petitioner:
Jackie L. Flowers,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC. JUSTICE MÁRQUEZ does not participate.
Court of Appeals Case No. 09CA2292
Petitioner:
Dennis D. Dunann,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 09CA289
Petitioner:
Faustine Cisneros,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 09CA2471
In re the Marriage of:
Petitioner:
Elke Hanssen,
and
Respondent:
Michael Volker.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC173
Court of Appeals Case No. 09CA2573
Petitioner:
Daniel Troke,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 08CA2248
Petitioner:
Luz Divina Cisneros,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 08CA1867
Petitioners:
Accident and Injury Medical Specialists, P.C.; Elite Chiropractic Care, Inc.; Physical Therapy, Inc.; Myocare, Inc.; A Shi Acupuncture, Inc.; Comprehensive Diagnostic Services, Inc.; Mile High Medical Group, L.L.C.; and Global Physician Services, P.C.,
v.
Respondent:
David J. Mintz.
Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issue:
Whether an attorney owes fiduciary duties to third parties who are entitled to funds from Colorado Lawyer Trust Account Foundation (COLTAF) trust accounts.
DENIED AS TO ALL OTHER ISSUES.
No. 11SC278
Court of Appeals Case No. 10CA2428
Petitioners:
Donna Lou Poelstra and Ronald Glenn Poelstra,
v.
Respondents:
Thomas Mowle, in his official capacity as the Public Trustee of the County of El Paso, State of Colorado; JP Morgan Chase Bank, N.A., a national banking association incorporated in the State of Delaware; and High Country Holdings, LLC, a Colorado limited liability company.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC288
Court of Appeals Case No. 09CA73
Petitioner:
Gregory Paul Frye,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC356
Court of Appeals Case No. 08CA2019
In re the Marriage of:
Petitioner:
Bernard H. Obluda, and
Respondent:
Leigh Anne Obluda.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC366
Court of Appeals Case No. 10CA1116
Petitioner:
Alan Duane Hyde,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 08CA2323
Petitioner:
Ivan Antonio Martinez,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 07CA1610
Petitioner:
Eric Eugene Westbrook,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 10CA1303
Petitioner:
Philip Ernest Anselmo,
v.
Respondents:
West Ridge Group, LLC, a Colorado limited liability company; Dennis L. Yakobson; and Patricia A. Anselmo.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC387
Court of Appeals Case No. 10CA1500
Petitioner:
Patrick McLachlan,
v.
Respondents:
Industrial Claim Appeals Office of the State of Colorado; Center for Spinal Disorders, P.C.; and The Hartford Insurance Group.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 09CA1520
Petitioner:
Paul Darral Regnier,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 09CA2022
Petitioner:
Jacob R. Valdez,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC. JUSTICE COATS does not participate.
No. 11SC395
Court of Appeals Case No. 10CA2029
Petitioner:
David Farrell,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 08CA830
Petitioner:
Phillip James Martinez,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 09CA2141
Petitioner:
Jerome Lewis,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 09CA2773
Petitioner:
Charles McEachern,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC405
Court of Appeals Case No. 08CA126
Petitioner:
Gary Robert Williams,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 10CA1416
Petitioner:
In the Interest of Dartanyan Winberg,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Arapahoe County District Court Case No. 10CV1963
Petitioner:
Mike McCarty,
v.
Respondent:
Action Appliance, Inc.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 08CA2582
Petitioner:
Stacy Eugene Irvin,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC427
Adams County District Court Case No. 10CV1529
Petitioner:
John Guilford,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 09CA2497
Petitioner:
Afrow Spade Stidham,
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 || August 15, 2011
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