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Colorado Supreme Court Opinions || April 9, 2012

Colorado Supreme Court -- April 9, 2012
Announcement Sheet

 

OPINIONS

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


2012 CO 23


Supreme Court Case No. 10SC670
Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 09CA1824


Petitioners:
Town of Minturn, Colorado; Ginn Battle North, LLC; Ginn Battle South, LLC; and
Ginn-LA Battle One Ltd., LLLP,

v.


Respondent:
Sensible Housing Co., Inc.


Judgment Reversed
en banc

JUSTICE HOBBS delivered the Opinion of the Court. JUSTICE MÁRQUEZ does not participate.


PETITIONS FOR REHEARING

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.


Petitioner for Rehearing DENIED. EN BANC. CHIEF JUSTICE BENDER would grant the Petition.


PETITIONS FOR WRIT OF CERTIORARI

No. 11SC256

Court of Appeals Case No. 07CA2285

Petitioner:

Richard James Vigil,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC373

Court of Appeals Case No. 10CA394

Petitioners:

Dewayne Dell Rymer and Christine E. Rymer,

v.

Respondent:

Jerry K. Phelps, in his capacity as successor trustee of the Jerry K. Phelps Family Trust and individually.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC483

Court of Appeals Case No. 08CA89

Petitioner:

Johnathon Alfred Edmonds,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC515

Court of Appeals Case No. 10CA640

Petitioners:

K9Shrink, LLC, a Colorado limited liability company, and Gail Clark, individually,

v.

Respondent:

Ridgewood Meadows Water and Homeowners Association.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC564

Court of Appeals Case No. 10CA521

Petitioner: Dennis Justi,

v.

Respondent:

RHO Condominium Association.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC626

Court of Appeals Case No. 09CA2262

In re the Marriage of:

Petitioner:

Terry Anthony Martinez,

and

Respondent:

Cathy Eileen Montion.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC656

Court of Appeals Case No. 10CA493

Petitioner:

Dewayne Dell Rymer,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC678

Court of Appeals Case No. 09CA2182

Petitioners:

Paul Essrig and David Carroll,

v.

Respondent:

Bernie Martin.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC680

Court of Appeals Case No. 10CA1409

Petitioner:

Ronald E. Henderson,

v.

Respondents:

City of Fort Morgan, a municipal corporation and political subdivision of the State of Colorado; and the City Council of the City of Fort Morgan, in its official capacity as a formally constituted public body.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC710

Arapahoe County District Court Case No. 09CV1942

Petitioners:

Laura Bartnick and William Bartnick,

v.

Respondent:

City of Englewood.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC731

Court of Appeals Case No. 08CA1181

Petitioner:

Cordell Eric Robinson,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC743

Court of Appeals Case No. 10CA1135

In the Matter of the Estate of Joseph (Emannuel) Manual DeAnza, Deceased,

Petitioner:

Johanna E. Gerke,

v.

Respondents:

Joseph Matthew DeAnza, Personal Representative; Frank Percoskie; and Emilia S. Percoskie.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC747

Douglas County District Court Case No. 09CV3604

Petitioner:

David Block,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.

CHIEF JUSTICE BENDER would grant as to the following issue:

Whether the trial court denied the petitioner a trial by a fair and impartial jury pursuant to the U.S. and Colorado Constitutions by allowing the deputy district attorney to make improper arguments during closing argument.


No. 11SC763

Court of Appeals Case No. 10CA2653

Petitioner:

Steven Michael Tuller,

v.

Respondents:

Colorado State Parole Board, Aristedes Zavaras, and Susan Jones.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC771

Court of Appeals Case No. 09CA1307

Petitioner:

Bruce P. Montgomery,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC772

Court of Appeals Case No. 09CA1306

Petitioner:

Bruce P. Montgomery,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC775

District Court, City and County of Denver, Case No. 11CV2069

Petitioner:

Corazon Fox,

v.

Respondent:

Jimmy M. Trujillo.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC787

Court of Appeals Case No. 10CA2218

Petitioners:

Kuldip Nijjar, an individual, and Karma, LLC, a Colorado limited liability company, v.

Respondent:

Shifali, Inc., a Colorado corporation.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC810

District Court, City and County of Denver, Case No. 09CV11868

Petitioner:

Byron R. Bronstein, M.A., J.D.,

v.

Respondents:

Woodstream Village Apartments and Grand Peaks Property Management Company.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC814

Court of Appeals Case No. 10CA1405

Petitioner:

Lynn Young, individually and on behalf of all others similarly situated, v.

Respondent:

State Farm Mutual Automobile Insurance Co., an Illinois corporation.

Petition for Writ of Certiorari GRANTED, and the judgment of the Colorado Court of Appeals is vacated. The case is remanded to the Colorado Court of Appeals for reconsideration in light of Jackson v. Unocal Corp., 262 P.3d 874 (Colo. 2011), BP America Production CO. v. Patterson, 263 P.3d 103 (Colo. 2011), State Farm Mutual Automobile Insurance v. Reyher, 266 P.3d 383

(Colo. 2011), and Garcia v. Medved Chevrolet, Inc., 263 P.3d 92 (Colo. 2011). EN BANC.

JUSTICE EID does not participate.


No. 11SC822

Court of Appeals Case No. 11CA691

Petitioners:

FirstGroup America, Inc., and First Transit, Inc.,

v.

Respondents:

Trustees of the Springs Transit Company Employees Retirement and Disability Plan, and City of Colorado Springs, a Colorado municipal corporation and home rule city.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC831

Court of Appeals Case No. 09CA1093

Petitioner:

Brian John Gresl,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC837

Court of Appeals Case No. 08CA1129

Petitioner:

Stacy E. Smith,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC916

Court of Appeals Case No. 10CA1151

Petitioner:

Richard Allen Cross,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC920

Court of Appeals Case No. 09CA241

Petitioner:

Ernesto Ramart,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC925

Court of Appeals Case No. 10CA1032

Petitioner:

Reyes Torres,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC938

Court of Appeals Case No. 08CA1585

Petitioner:

Narciso Mendoza-Lopez,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC939

Court of Appeals Case No. 10CA118

Petitioner:

Toby Moses Medina,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC941

Court of Appeals Case No. 10CA629

Petitioner:

Kevin Starkey ,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC948

Court of Appeals Case No. 10CA1348

Petitioner:

Ivan Vallez,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC3

Court of Appeals Case No. 10CA1771

Petitioner:

Colorado Springs Development, LLC, a Colorado limited liability company,

v.

Respondent:

Equity Trust Company, d/b/a Sterling Trust Custodian FBO, Joan Martinez IRA Account #T053626.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC19

Mesa County District Court Case No. 11CV4524

Petitioners:

Law Office of Paul F. Miller and Paul F. Miller,

v.

Respondent:

Shamrock, Inc., a Colorado corporation.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC23

Court of Appeals Case No. 10CA814

In Re the Marriage of: Petitioner:

David R. Campbell,

and

Respondent:

Linda M. Campbell.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC30

Court of Appeals Case No. 10CA633

Petitioner:

Mihail Stefanov Petrov,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC37

Court of Appeals Case No. 11CA541

Petitioner:

Marco A. Rocha,

v.

Respondents:

CCCF Warden Richard Smelser, John Lindig, Carl Atchison, and Joseph Sanchez.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC38

Court of Appeals Case No. 10CA1037

Petitioner:

Roger Lee Jacobs,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC39

Court of Appeals Case No. 10CA2385

In re the Marriage of:

Petitioner:

Lynn Marie Martin,

and

Respondent:

Steve Lee Martin.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC42

Court of Appeals Case No. 10CA153

Petitioner:

Naif Al-Yousif,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC43

Court of Appeals Case No. 11CA651

Petitioner:

Anthony Baker,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC52

Court of Appeals Case No. 10CA1003

Petitioner:

Ricky Roy Chambers,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC59

Court of Appeals Case No. 10CA1448

Petitioner:

Bedah Frey,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC71

Court of Appeals Case No. 10CA2323

Petitioner:

Michael B. Simonds,

v.

Respondents:

Board of County Commissioners of the County of Delta and The City of Delta, a Colorado municipality.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC164

Court of Appeals Case Nos. 11CA2233 & 11CA2234

Petitioner:

N.G.,

v.

Respondent:

The People of the State of Colorado,

In the Interest of N.J. and J.J., Children.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC177

Court of Appeals Case No. 11CA1054

Petitioner:

S.G.,

v.

Respondent:

The People of the State of Colorado,

In the Interest of Z.G., Z.G., and A.G., Children.

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 || April 9, 2012

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