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
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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