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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