Colorado Supreme Court Opinions || April 30, 2012
Colorado Supreme Court -- April 30, 2012
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OPINIONS
Supreme Court of the State of Colorado
101 West Colfax Avenue, Suite 800 • Denver, Colorado 80202
2012 CO 30
Supreme Court Case No. 10SC409
Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 09CA599
Petitioner:
Jack Sunahara, Jr.,
v.
Respondent:
State Farm Mutual Automobile Insurance Company.
Judgment Affirmed in Part and Reversed in Part
en banc
JUSTICE RICE delivered the Opinion of the Court.
CHIEF JUSTICE BENDER concurs in part and dissents in part.
JUSTICE EID concurs in part and dissents in part, and JUSTICE COATS and JUSTICE BOATRIGHT join in the concurrence in part and the dissent in part.
Supreme Court of the State of Colorado
101 West Colfax Avenue, Suite 800 • Denver, Colorado 80202
2012 CO 31
Supreme Court Case No. 10SC516
Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 09CA689
Petitioner:
Wal-Mart Stores, Inc.,
v.
Respondent:
Larry Crossgrove.
Judgment Affirmed
en banc
JUSTICE RICE delivered the Opinion of the Court.
JUSTICE EID dissents, and JUSTICE COATS and JUSTICE BOATRIGHT join in the dissent.
Supreme Court of the State of Colorado
101 West Colfax Avenue, Suite 800 • Denver, Colorado 80202
2012 CO 32
Supreme Court Case No. 11SA51
Original Proceeding Pursuant to C.A.R. 21
Arapahoe County District Court Case No. 08CV671
Honorable Charles M. Pratt, Judge
In Re:
Plaintiff:
Donald Francis Smith,
v.
Defendant:
Michael D. Jeppsen,
and
Intervenor:
State Farm Mutual Automobile Insurance.
Rule Discharged
en banc
JUSTICE RICE delivered the Opinion of the Court.
JUSTICE EID dissents, and JUSTICE COATS and JUSTICE BOATRIGHT join in the dissent.
Supreme Court of the State of Colorado
101 West Colfax Avenue, Suite 800 • Denver, Colorado 80202
2012 CO 33
Supreme Court Case No. 11SA115
Appeal from the District Court
City and County of Denver, Case No. 09CV9965
Honorable Herbert L. Stern III, Judge
Petitioner-Appellee:
Colorado Office of Consumer Counsel,
v.
Respondents-Appellants:
Colorado Public Utilities Commission; Joshua Epel, in his official capacity as Chairman of
the Colorado Public Utilities Commission; and James K. Tarpey and Matt Baker, in their
official capacity as members of the Colorado Public Utilities Commission;
and
Intervenor-Appellant:
Qwest Corporation.
Judgment Reversed
en banc
JUSTICE RICE delivered the Opinion of the Court.CHIEF
JUSTICE BENDER and JUSTICE MÁRQUEZ do not participate.
PETITIONS FOR REHEARING
NONE
PETITIONS FOR WRIT OF CERTIORARI
No. 11SC610
Court of Appeals Case No. 08CA1589
Petitioner:
Epifanio Morales-Apolonio,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC637
Court of Appeals Case No. 08CA2075
Petitioner:
Cheryl Boles,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC642
Court of Appeals Case No. 08CA2286
Petitioner:
Nichole Brownell,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC647
Court of Appeals Case No. 09CA244
Petitioner:
Ikxander Tichard Figueroa,
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 issues:
Whether the court of appeals erred in holding that a police officer’s testimony at trial was not hearsay and did not violate defendant’s rights under the Confrontation Clause.
Whether admitting defendant’s entire driving record as an exhibit at trial constituted reversible error.
No. 11SC690
Court of Appeals Case No. 09CA122
Petitioner:
Todd Brian Sharon,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC696
Court of Appeals Case No. 10CA85
Petitioner:
Milton Zale,
v.
Respondents:
Timothy C. Rodell and Marjorie M. Rodell.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC738
Court of Appeals Case No. 07CA2280
Petitioner:
Glen Robert Worley,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issues:
Whether the court of appeals erroneously held as a matter of first impression that counsel can waive his client’s Fourteenth Amendment constitutional due process right to receive the statutory tribunal that was due him under Colorado law?
Whether the court of appeals misapplied Righi v. People, 145 Colo. 457, 359 P.2d 656 (1961), to argue that defense counsel waived Petitioner’s statutory entitlement to three additional peremptory challenges in a capital case, and his constitutional due process claim of receiving the statutory tribunal that was due to him under Colorado law, by failing to object to the trial court’s circumscribed voir dire procedure?
Whether Petitioner was denied his right to be tried by a statutory tribunal as a result of the trial court’s denial of Petitioner’s right to all of his statutorily-allotted peremptory challenges, and whether that deprivation results in automatic reversal?
DENIED AS TO ALL OTHER ISSUES.
No. 11SC762
Court of Appeals Case No. 11CA924
Petitioner:
Michael Terrell Wheeler,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC788
Court of Appeals Case No. 10CA2581
Petitioner:
Garfield County Department of Human Services, Child Support Enforcement Unit, v.
Respondents:
David Vern Alderson, and Nancy Elizabeth Cooley, f/k/a Nancy Elizabeth Alderson.
Petition for Writ of Certiorari DENIED. EN BANC.
CHIEF JUSTICE BENDER and JUSTICE EID would grant as to the following issue:
What is the effective date of a child support modification when the minor child changes place of primary physical care, pursuant to a court order?
No. 11SC791
Court of Appeals Case No. 09CA1581
Petitioner:
Jeanette Jeanne Osborne,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC804
Court of Appeals Case No. 08CA1910
Petitioner:
Geary Tait,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC881
Court of Appeals Case No. 10CA1924
Petitioners:
Randy Danniel and Marian Reis,
v.
Respondents:
Howard Buchalter and Sender & Wasserman, P.C.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC897
Court of Appeals Case No. 10CA1792
Petitioner:
Louis Sisneros,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC917
Court of Appeals Case No. 09CA2429
Petitioner:
Jessie Dobbs,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC924
Court of Appeals Case No. 10CA1604
Petitioner:
Burton J. Calkins,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC934
Court of Appeals Case No. 08CA2533
Petitioner:
Andrew Michael Shaw,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC952
Court of Appeals Case No. 10CA785
Petitioner:
Nick Villa,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC962
Court of Appeals Case No. 09CA950
Petitioner:
Leroy Herrera,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC964
Court of Appeals Case No. 11CA1028
Petitioner:
Farhad Haji Mohammad Mehdi,
v.
Respondents:
The Higbee Company and Industrial Claim Appeals Office of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC7
Court of Appeals Case No. 08CA968
Petitioner:
Anthony Nathaniel Romero,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC11
Court of Appeals Case No. 09CA1010
Petitioner:
Anthony Owens,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC32
Court of Appeals Case No. 09CA2700
Petitioner:
Randall Minor,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC35
Weld County District Court Case No. 10CV930
Petitioner:
David Riley,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC44
Court of Appeals Case No. 09CA1251
Petitioner:
Dina Maria Navarrette,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC60
Court of Appeals Case No. 11CA533
Petitioner:
Chade Laster,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC61
Court of Appeals Case No. 10CA1287
Petitioner:
Christopher Carr,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC. JUSTICE COATS does not participate.
No. 12SC68
Court of Appeals Case No. 10CA1173
Petitioner:
Richard T. Wehrle,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC. JUSTICE COATS does not participate.
No. 12SC78
Court of Appeals Case No. 09CA2583
Petitioner:
Tony Wayne Maxson,
v.
Respondent:
The People of the State of Colorado.
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 30, 2012
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