Search



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


Colorado Supreme Court Opinions || March 19, 2012

Colorado Supreme Court -- March 19, 2012
Announcement Sheet

OPINIONS


Supreme Court of the State of Colorado
101 West Colfax Avenue, Suite 800 • Denver, Colorado 80202


2012 CO 19


Supreme Court Case No. 09SC1050
Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 08CA1358


Petitioner:
Air Wisconsin Airlines Corporation, a Delaware corporation,

v.

Respondent:
William L. Hoeper.

Judgment Affirmed
en banc


JUSTICE RICEdelivered the Opinion of the Court.

JUSTICE EIDconcurs in part and dissents in part, and JUSTICE COATSand JUSTICE BOATRIGHTjoin in the concurrence in part and dissent in part.

 


 

The Supreme Court of the State of Colorado
101 West Colfax Avenue, Suite 800 • Denver, Colorado 80202


2012 CO 20


Supreme Court Case No. 11SA305
Original Proceeding Pursuant to C.A.R. 21
Weld County District Court Case No. 10CR1827
Honorable Timothy Kerns, Judge


In Re:
Plaintiff:
The People of the State of Colorado,
v.
Defendant:
Yrineo Salazar.

Rule Made Absolute
en banc


JUSTICE BOATRIGHTdelivered the Opinion of the Court. CHIEF JUSTICE BENDER dissents.

 


PETITIONS FOR REHEARING


NONE



PETITIONS FOR WRIT OF CERTIORARI

No. 11SC123

Court of Appeals Case No. 08CA657

Petitioner:

Ronald Owen Smith,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC245

Court of Appeals Case No. 09CA2519

Petitioner:

Charles Stewart,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC385

Court of Appeals Case No. 08CA1474

Petitioner:

Lucrecia Sena,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC393

Court of Appeals Case No. 09CA514

Petitioner:

Wayne Douglas Glasser, Jr.,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC556

Court of Appeals Case No. 10CA364

Petitioner:

Mark Hotaling,

v.

Respondents:

John Hickenlooper, in his official capacity as Governor of the State of Colorado; Christopher E. Urbina in his official capacity as Executive Director of the Colorado Department of Public Health and Environment; Planned Parenthood of the Rocky Mountains Services Corporation, a Colorado nonprofit corporation; and Boulder Valley Women's Health Center, Inc., a Colorado nonprofit corporation.

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


No. 11SC569

Court of Appeals Case No. 09CA1138

Petitioner:

Anthony Lee Cunningham,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.



No. 11SC596

Adams County District Court Case No. 11CV32

Petitioner:

Dina Marshall,

v.

Respondent:

The People of the State of Colorado.

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

Whether, in light of the United States Supreme Court’s recent decision in Bullcoming v. New  Mexico,131 S.Ct. 2705 (2011), the appearance of a laboratory supervisor that reviewed and approved test results completed by another technician is sufficient to satisfy the Confrontation Clause of the United States Constitution.

Whether the appearance of a laboratory supervisor that reviewed and approved test results completed by another technician is sufficient to satisfy section 16-3-309(5), C.R.S. (2011).

Whether the denial of a motion for judgment of acquittal was in error where no evidence was presented in support of the charge of possession of drug paraphernalia.

DENIED AS TO ALL OTHER ISSUES.


No. 11SC597

Court of Appeals Case No. 09CA1719

Petitioner:

The People of the State of Colorado,

v.

Respondent:

Neil Eugene Roggow.

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

Whether the court of appeals erred in holding that a position of trust does not exist where a defendant voluntarily assumes responsibility for the victim, but instead required direct evidence that the parent gave specific permission to or charged the defendant with the supervision and welfare of the victim.



No. 11SC633

Arapahoe County District Court Case No. 10CV800

Petitioner:

David Huff,

v.

Respondent:

The People of the State of Colorado.

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

Whether the trial court committed reversible error and denied defendant his constitutional rights when it allowed the arresting officer to testify to field sobriety tests and drug use as a lay witness and not as an expert.

DENIED AS TO ALL OTHER ISSUES.


No. 11SC683

Court of Appeals Case No. 10CA271

Petitioner:

Sarah Beaudoin,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC701

Court of Appeals Case No. 10CA1325

Petitioner:

David A. Vieyra,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.



No. 11SC735

Court of Appeals Case No. 10CA744

Petitioner:

Donald Kevin Hyer,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC746

Court of Appeals Case No. 09CA1301

Petitioner:

Anthony Michael Saldana,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC754

Court of Appeals Case No. 10CA2135

Petitioner:

Anna T. Davis,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC768

Court of Appeals Case No. 08CA2631

Petitioner:

Ramon Vargas,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.



No. 11SC827

Court of Appeals Case No. 10CA1271

Petitioner/Cross-Respondent:

The People of the State of Colorado,

v.

Respondent/Cross-Petitioner:

John Raymond DeWitt.

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

JUSTICE COATS and JUSTICE BOATRIGHT would grant as to the following issues:

Whether article II, section 13, of the Colorado Constitution requires a judicially created, nonstatutory affirmative defense to the offense of possession of a weapon by a previous offender, section 18-12-108, C.R.S.

If necessary, whether such affirmative defense should be narrowly defined, including a requirement that the defendant be faced with the threat of imminent harm in order to invoke the defense.

Whether the trial court reversibly erred in refusing to give the defendant’s tendered affirmative defense instruction.


No. 11SC833

Court of Appeals Case No. 07CA1509

Petitioner:

Eddie Berto Rodriguez,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.



No. 11SC835

Court of Appeals Case No. 07CA1604

Petitioner:

Man Hao Luong, Jr.,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC846

Court of Appeals Case No. 09CA2310

Petitioner:

James Stuart Murriel,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC869

Court of Appeals Case No. 10CA1720

Petitioner:

Pinnacol Assurance,

v.

Respondent:

Jose Chavez.

Petition for Writ of Certiorari DENIED. EN BANC.

JUSTICE MÁRQUEZ and JUSTICE BOATRIGHT do not participate.

JUSTICE RICE and JUSTICE COATS would grant as to the following issue:

Whether the court of appeals erred in holding, contrary to section 8-41-203(2), C.R.S. (2011), and Kennedy v. Industrial Commission,735 P.2d 891 (Colo. App. 1986), that Jose Chavez, the claimant, was not required to seek and obtain approval from Pinnacol Assurance prior to settling a third-party case and was not required to reimburse Pinnacol from the entire proceeds of the settlement.



No. 11SC872

Court of Appeals Case No. 11CA1064

Petitioner:

Verna J. Hendrix,

v.

Respondents:

Goodwill Industries of Denver and Industrial Claim Appeals Office.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC877

Court of Appeals Case No. 10CA1095

Petitioner:

Jerome Alan Lidgren,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC886

Court of Appeals Case No. 10CA1432

Petitioner:

Bonnie Joyce Wells,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC893

Court of Appeals Case No. 11CA994

Petitioner:

Douglas Crawford,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.



No. 11SC901

Arapahoe County District Court Case No. 10CV1949

Petitioner:

Melvin Turner,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC903

Court of Appeals Case No. 09CA2453

Petitioner:

Karin Joy Atkinson,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC904

Court of Appeals Case No. 10CA165

Petitioner:

Benedicto Carrion,

v.

Respondent:

The People of the State of Colorado.

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


No. 11SC905

Court of Appeals Case No. 10CA2221

Petitioner:

Eustaquio Cortina,

v.

Respondent:

Colorado Department of Revenue, Motor Vehicle Division.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC913

Court of Appeals Case No. 08CA1157

Petitioner:

Lori Foster,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC914

Court of Appeals Case No. 10CA826

Petitioner:

Alfonso Jimenez Guzman,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC915

Court of Appeals Case No. 09CA1772

Petitioner:

Mamadou Cisse,

v.

Respondent:

The People of the State of Colorado.

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


No. 11SC932

Adams County District Court Case No. 11CV409

Petitioner:

Charles Olden,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC937

Court of Appeals Case No. 11CA387

Petitioner:

Dustin Lopez,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC940

Court of Appeals Case No. 09CA1020

Petitioner:

Adam Dmytryszyn,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC945

Court of Appeals Case No. 09CA2697

Petitioner:

Stanley Helkey, Sr.,

v.

Respondent:

The People of the State of Colorado.

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


No. 11SC953

Court of Appeals Case No. 10CA1004

Petitioner:

Ernst Vieux,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC954

Court of Appeals Case No. 10CA1759

Petitioner:

John Ray Swiger,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC957

Court of Appeals Case No. 10CA1142

Petitioner:

Andres Gonzales,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC963

Court of Appeals Case No. 11CA1389

Petitioner:

Pamela R. Settles,

v.

Respondents:

Industrial Claim Appeals Office and Connecticut General Life Insurance Company.

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


No. 11SC965

Court of Appeals Case No. 08CA943

Petitioner:

Kyle Jamison,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.



No. 12SC8

Court of Appeals Case No. 10CA1370

Petitioner:

Terrence Shawn Redwine,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC14

Morgan County District Court Case No. 11CV126

Petitioner:

Joseph Kenny Waites,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC18

Court of Appeals Case No. 10CA1043

Petitioner:

Juan Herrera-Lopez,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC22

Court of Appeals Case No. 09CA1855

Petitioner:

John Paul Romero,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC27

Court of Appeals Case No. 11CA1009

Petitioner:

M.K.,

v.

Respondent:

The People of the State of Colorado, In the Interest of J.C.K., Child.

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


No. 12SC107

Court of Appeals Case No. 11CA1127

Petitioner:

J.M.,

v.

Respondent:

The People of the State of Colorado, In the Interest of M.M., 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 || March 19, 2012

Back