Colorado Supreme Court Opinions || January 9, 2012
Colorado Supreme Court -- January 9, 2012
Announcement Sheet
OPINIONS
NONE
PETITIONS FOR REHEARING
NONE
PETITIONS FOR WRIT OF CERTIORARI
No. 11SC289
Court of Appeals Case No. 07CA1572
Petitioner/Cross-Respondent:
The People of the State of Colorado,
v.
Respondent/Cross-Petitioner:
Marshall Adam Walker.
Petition and Cross-Petition for Writ of Certiorari GRANTED. EN BANC. JUSTICE BOATRIGHT does not participate.
Summary of Issues:
Whether the court of appeals erred in concluding that the trial court’s advisement on a defendant’s right to waive a jury trial which failed to comply with Crim. P. 23(a)(5)(II) constitutes plain error requiring remand for a postconviction evidentiary hearing.
Whether determinate sentences must be imposed on the exploitation counts because section 18-1.3-1004(4)(a)(II), C.R.S., was not charged or because there was no jury trial waiver.
No. 11SC388
Court of Appeals Case No. 10CA798
Petitioners:
Ivo Lindauer, Sidney Lindauer, Ruth Lindauer, and Diamond Minerals, LLC, on behalf of themselves and all others similarly situated,
v.
Respondent:
Williams Production RMT Company.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC417
Court of Appeals Case No. 08CA2697
Petitioner:
The People of the State of Colorado,
v.
Respondent:
Marilyn J. Davis.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC446
Court of Appeals Case No. 07CA1350
Petitioner:
The People of the State of Colorado,
v.
Respondent:
Benito Juarez.
Petition for Writ of Certiorari DENIED. EN BANC.
JUSTICE COATS and JUSTICE EID would grant as to the following issue:
Whether a court can receive evidence about the jury’s deliberative process to impeach the jury’s verdict.
No. 11SC479
Court of Appeals Case No. 09CA2786
Petitioner:
T&T, LLC,
v.
Respondent:
Rick Weston.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC510
Court of Appeals Case No. 08CA2324
Petitioner:
Matthew T. Degagne,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC529
Court of Appeals Case No. 10CA2408
Petitioners:
L.A.N., a/k/a L.A.C., by and through her Guardian ad Litem, and The People of the State of Colorado,
In the Interest of L.A.N., a/k/a L.A.C., Minor Child,
v.
Respondent:
L.M.B.
Petitions for Writ of Certiorari GRANTED. EN BANC. Summary of Issues:
Whether a guardian ad litem in a dependency and neglect proceeding can waive the child’s psychotherapist-patient privilege.
Whether the court of appeals erred in determining that the child’s psychotherapist-patient privilege was waived with respect to certain materials in the psychotherapist’s file.
DENIED AS TO ALL OTHER ISSUES.
No. 11SC537
Court of Appeals Case No. 10CA284
Petitioner:
Kevin Mark Ponis,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC. JUSTICE BOATRIGHT does not participate.
No. 11SC542
Court of Appeals Case No. 10CA2053
Petitioner:
Christopher Andrew Crawford,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC578
Court of Appeals Case No. 09CA1224
Petitioner:
Karl John Devin Kluth,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC602
Court of Appeals Case No. 09CA175
Petitioner:
Denny Dewey Brown,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC609
District Court, City and County of Denver, Case No. 10CV6343
Petitioner:
Robert Nieschwietz,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC628
Court of Appeals Case No. 10CA951
Petitioner:
David D. Henderson,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC885
Court of Appeals Case No. 11CA1413
Petitioner:
S.Z.,
v.
Respondent:
The People of the State of Colorado,
In the Interest of F.E., A.Z. and I.F.Z.-E., Minor Children.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC898
Court of Appeals Case No. 11CA398
Petitioner:
T.M.,
v.
Respondent:
The People of the State of Colorado,
In the Interest of S.X.M., 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 || January 9, 2012
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