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Colorado Supreme Court Opinions || December 12, 2011

Colorado Supreme Court -- December 12, 2011
Announcement Sheet

OPINIONS

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. 09CA1690

Case No. 10SC711

Petitioner:

Steward Software Company, LLC,

v.

Respondent:

Richard Kopcho.

JUDGMENT REVERSED
EN BANC

JUSTICE RICE delivered the Opinion of the Court.

SUPREME COURT, STATE OF COLORADO
101 West Colfax Avenue, Suite 800
Denver, Colorado 80202

Interlocutory Appeal from the District Court Mesa County,
Case No. 10CR1254

Honorable David Lass, Judge

Case No. 11SA231

Plaintiff-Appellant:

The People of the State of Colorado,

v.

Defendant-Appellee:

Brittney R. Coates.

JUDGMENT AFFIRMED
EN BANC

JUSTICE COATS delivered the Opinion of the Court.

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. 09CA586

Case No. 10SC281

Petitioner:

Monica David Vickery,

v.

Respondent:

Kerry Vickery Evans as Personal Representative of the Estate of Merry Gayle Vickery.

JUDGMENT REVERSED
EN BANC

JUSTICE COATS delivered the Opinion of the Court. JUSTICE EID dissents.

SUPREME COURT, STATE OF COLORADO
101 West Colfax Avenue, Suite 800
Denver, Colorado 80202

Appeal from the District Court
Water Division 2, Case No. 96CW228
Honorable John Anderson, Judge
Honorable C. Dennis Maes, Judge

Case No. 10SA191

Concerning the Application for Water Rights of Peter Lopresti and Catherine Boyer Lopresti in Custer County, Colorado.

Applicants-Appellants:

Catherine Boyer LoPresti and Peter LoPresti, and

Opposers-Appellants:

City of Fountain and Widefield Water and Sanitation District,

v.

Opposers-Appellees:

John Brandenburg; Douglas and Nancy Brandon; Dilley Family Trust; James D. Hood; Ronald Keyston; Arlie Riggs; Schneider Enterprises, Inc.; Dr. Charles Schneider; and Mund Shaikly,

and

Appellees Pursuant to C.A.R. 1(e):

Steven J. Witte, Division Engineer, Water Division No. 2; and Dick Wolfe, State Engineer.

JUDGMENT REVERSED
EN BANC

JUSTICE EID delivered the Opinion of the Court.

SUPREME COURT, STATE OF COLORADO
101 West Colfax Avenue, Suite 800
Denver, Colorado 80202

Appeal from the District Court
Water Division 2, Case No.    98CW80
Honorable Dennis Maes, Judge

Appeal from the District Court
Water Division 2, Case No.     98CW80
Honorable Dennis Maes, Judge

Case No.    10SA379

 

Case No.    11SA197

Case No.   10SA379

Concerning the Application for Water Rights of Cherokee Metropolitan District in El Paso County, Colorado.

Applicant-Appellee:

Cherokee Metropolitan District,

and

Opposers-Appellees:

Upper Black Squirrel Creek Ground Water Management District and Drieeenheid Kapitaal Vof,

v.

Intervenor-Appellant:

Meridian Service Metropolitan District, and

Appellees Pursuant to C.A.R. 1(e):

Steven J. Witte, Division Engineer, Water Division No. 2 and Dick Wolfe, State Engineer.

ORDER REVERSED
EN BANC
*    *    *    *   *

Case No. 11SA197

Concerning the Application for Water Rights of Cherokee Metropolitan District in El Paso County, Colorado.

Applicant-Appellant:

Cherokee Metropolitan District,

v.

Opposer-Appellee/Cross-Appellant:

Meridian Service Metropolitan District,

and

Opposers-Appellees:

Upper Black Squirrel Creek Ground Water Management District and Drieeenheid Kapitaal Vof,

and

Appellees Pursuant to C.A.R. 1(e):

Steven J. Witte, Division Engineer, Water Division No. 2 and Dick Wolfe, State Engineer.

ORDER VACATED
EN BANC

JUSTICE MÁRQUEZ delivered the Opinion of the Court.

SUPREME COURT, STATE OF COLORADO
101 West Colfax Avenue, Suite 800
Denver, Colorado 80202

Original Proceeding Pursuant to C.A.R. 21
Weld County District Court Case No. 09CV1149
Honorable William L. West, Judge

Case No. 11SA66

In Re:

Plaintiff:

Holly Averyt,

v.

Defendant:

Wal-Mart Stores, Inc.

Petition for Rehearing DENIED. EN BANC.

JUSTICE MÁRQUEZ would grant the Petition.
JUSTICE EID and JUSTICE BOATRIGHT do not participate.


PETITIONS FOR WRIT OF CERTIORARI

No. 10SC629

Court of Appeals Case No. 08CA1897

Petitioner:

Mindy Riebe,

v.

Respondent:

Mountain States Mutual Casualty Company.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC272

Court of Appeals Case No. 09CA573

Petitioner:

Michael Schell,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC299

Court of Appeals Case No. 09CA725

Petitioners:

Department of Local Affairs, State of Colorado; Reeves Brown, Executive Director in his official capacity; and Kathy Nesbitt, Executive Director in her official capacity,

v.

Respondent:

Barbara Kirkmeyer.

Petition for Writ of Certiorari DENIED. EN BANC. JUSTICE MÁRQUEZ does not participate.


No. 11SC303

Court of Appeals Case No. 10CA1490

Petitioners:

Department of Local Affairs, State of Colorado and Colorado State Personnel Board,

v.

Respondent:

Barbara Kirkmeyer.

Petition for Writ of Certiorari DENIED. EN BANC. JUSTICE MÁRQUEZ does not participate.



No. 11SC377

Court of Appeals Case No. 10CA491

Petitioner/Cross-Respondent:

Coyote Communications, Inc., d/b/a The Grizzly Rose,

v.

Respondent/Cross-Petitioner:

Kimberly Adams.

Petition for Writ of Certiorari DENIED. Cross-Petition for Writ of Certiorari GRANTED. EN BANC.

Summary of Issue:

Whether the Premises Liability Act precludes claims of negligence and respondeat superior against the petitioner simply because the negligent acts of its employees, while unrelated to the land, occurred on proprietary property.

DENIED AS TO ALL OTHER ISSUES.


No. 11SC382

Arapahoe County District Court Case No. 09CV2334

Petitioner:

Walter James Tate,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issues:

Whether the district court erred in finding that a person must be conscious and awake to be seized under the Fourth Amendment.

Whether the district court erred in finding that there was reasonable suspicion for an officer to contact the petitioner based on observing a parked vehicle, with the engine running and a man apparently asleep at the wheel.



No. 11SC383

Court of Appeals Case No. 09CA2614

In re Marriage of:

Petitioner:

Jennifer Lea,

and

Respondent:

Mark Eric Lea.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC399

Court of Appeals Case No. 10CA778

Petitioner:

Jean Noe,

v.

Respondent:

R.K. Mechanical, Inc.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC401

Court of Appeals Case No. 09CA398

Petitioner:

Quent Verlae Scaggs,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.



No. 11SC407

Court of Appeals Case No. 07CA598

Petitioner:

Brian T. Jones,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC498

District Court, City and County of Denver, Case No. 08CV1890

Petitioner:

Pinehurst Country Club,

v.

Respondent:

The City and County of Denver and/or The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC505

Court of Appeals Case No. 09CA1803

Petitioner:

Jake Ryan Martinez,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.



No. 11SC508

Court of Appeals Case No. 08CA1354

Petitioner:

Derrick Begaye,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.

JUSTICE HOBBS and JUSTICE EID would grant as to the following issue:

Whether petitioner’s federal constitutional equal protection rights [were] violated under Batson v. Kentucky, 476 U.S. 79 (1986), when the trial court overruled his objection to the prosecutor’s peremptory strike of the sole Navajo (and sole minority) member of the jury venire.


No. 11SC528

Court of Appeals Case No. 09CA1724

Petitioner:

Kenneth Mudick,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.



No. 11SC536

Gilpin County District Court Case No. 11CV17

Petitioners:

Jamie Webb, Jeffrey Hermanson, and Michaleen Jerominus,

v.

Respondent:

City of Black Hawk, a home rule city and Colorado municipal corporation.

Petition for Writ of Certiorari GRANTED. EN BANC.

Summary of Issues:

Whether municipalities may ban bicycling on local streets absent a suitable nearby alternative bicycling route.

Whether legislation is rationally related to a legitimate governmental
interest, and thus a reasonable exercise of police power, when the evidence on which the legislation is based does not address that governmental interest.

Whether banning bicycling on the only route connecting Central City to the Peak-to-Peak Highway is a reasonable exercise of Black Hawk’s police power.

DENIED AS TO ALL OTHER ISSUES.



No. 11SC557

Court of Appeals Case No. 10CA642

Petitioner:

Vincent Kouris,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC568

Court of Appeals Case No. 08CA1283

Petitioner:

Anthony Dewayne Banks,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC579

Court of Appeals Case No. 10CA1099

Petitioner:

Frank McBride,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC601

Court of Appeals Case No. 08CA908

Petitioner:

Anthony D. Stockdale,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.



No. 11SC625

Larimer County District Court Case No. 11CV225

Petitioner:

Randolph Glenn Jensen,

v.

Respondent:

People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.

CHIEF JUSTICE BENDER and JUSTICE MÁRQUEZ would grant as to the following issue:

Whether the evidence was sufficient to support a conviction under C.R.S. § 18-6-401(1)(a) when a father threatened to kill himself in front of his children during a family counseling session and children were purportedly upset as a result.


No. 11SC664

Court of Appeals Case No. 10CA926

Petitioner:

The People of the State of Colorado,

v.

Respondent: Jason LaRosa.

Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issue:

Whether the court of appeals erred when it reversed a conviction based on the corpus delicti doctrine, which prevents convicting a defendant based on his uncorroborated confession alone.

DENIED AS TO ALL OTHER ISSUES.



No. 11SC679

Court of Appeals Case No. 10CA1725

In the Matter of the Estate of Kathryn E. Newton, Deceased,

Petitioner:

Mojo Properties, LLC,

v.

Respondent:

Patrick J. Woods.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC712

Court of Appeals Case No. 10CA65

Petitioner:

Kim Martinez,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC781

Court of Appeals Case No. 11CA1052

Petitioner:

R.H., a/k/a R.N.,

v.

Respondent:

The People of the State of Colorado,

In the Interest of S.R.H., Minor Child.

Petition for Writ of Certiorari DENIED. EN BANC.



No. 11SC782

Court of Appeals Case No. 11CA995

Petitioner:

C.B.,

v.

Respondent:

The People of the State of Colorado,

In the Interest of A.B., Minor Child.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC797

Court of Appeals Case No. 11CA1117

Petitioner:

T.J.W., Sr., v.

Respondent:

The People of the State of Colorado,

In the Interest of T.J.W., Jr., Minor Child,

and Concerning:

C.B.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC817

Court of Appeals Case No. 11CA1118

Petitioner:

C.B.,

v.

Respondent:

The People of the State of Colorado,

In the Interest of A.R.-W., Minor Child.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC818

Court of Appeals Case No. 11CA1117

Petitioner:

C.B.,

v.

Respondent:

The People of the State of Colorado,

In the Interest of T.J.W., Jr., Minor Child.

Petition for Writ of Certiorari DENIED. EN


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 || December 12, 2011

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