Search



Not a CBA Member? Join Now!
Find A Lawyer Directory
STRATUM
Find A Lawyer Directory
Know Your Judge


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

Back