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Colorado Supreme Court Opinions || May 14, 2012

Colorado Supreme Court -- May 14, 2012
Announcement Sheet

OPINIONS

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


2012 CO 34


Supreme Court Case No. 12SA24
Original Proceeding Pursuant to C.A.R. 21
El Paso County District Court Case No. 11CR3217
Honorable David A. Gilbert, Judge


In Re:
Plaintiff:
The People of the State of Colorado,
v.
Defendant:
Brittney Breann Angel.


Rule Made Absolute
en banc

CHIEF JUSTICE BENDERdelivered the Opinion of the Court.



 

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


2012 CO 35


Supreme Court Case No. 11SA136
Pueblo County District Court, Water Division 2, Case No. 02CW189
Honorable Dennis Maes, Judge


Concerning the Revised Abandonment List of Water Rights in Water Division 2 and
Concerning the Protest of Nolan G. Thorsteinson and Margie M. Thorsteinson in Pueblo
County, Colorado


Protestants-Appellants:

John C. Harrison, Personal Representative of the Estate of Nolan G. Thorsteinson and
The Margie (Dotts) M. Thorsteinson Trust,

v.|

Respondents-Appellees:

Harold D. Simpson, State Engineer for the State of Colorado and Steven J. Witte,
Division Engineer for Water Division 2.


Judgment Reversed
en banc


* * * *


Supreme Court Case No. 11SA54
Pueblo County District Court, Water Division 2, Case No. 06CW25
Honorable Dennis Maes, Judge



Concerning the Application for Change of Water Right of John C. Harrison, as Personal
Representative of the Estate of Nolan G. Thorsteinson and The Margie (Dotts) M.
Thorsteinson Trust in Pueblo County

Applicants-Appellants:

John C. Harrison, as Personal Representative of the Estate of Nolan G. Thorsteinson and
The Margie (Dotts) M. Thorsteinson Trust,

v.

Opposers-Appellees:

St. Charles Mesa Water District; John W. Singletary; S. Warren Chambers; Steven J.
Witte, Division Engineer; and Harold D. Simpson, State Engineer.


Judgment Affirmed
en banc

JUSTICE COATSdelivered the Opinion of the Court.



 

PETITIONS FOR REHEARING

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


2012 CO 28


Supreme Court Case Nos. 11SA224 & 11SA225
Original Proceeding Pursuant to C.A.R. 21
Routt County District Court Case Nos. 11CV23 & 11CV24
Honorable Shelley A. Hill, Judge


In Re:
Petitioner:
Associated Governments of Northwest Colorado,
v.

Respondents:

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.


Petition for Rehearing DENIED. EN BANC.
CHIEF JUSTICE BENDER and JUSTICE RICE would grant the Petition.
JUSTICE MÁRQUEZ does not participate.



 

PETITIONS FOR WRIT OF CERTIORARI

No. 11SC418
Court of Appeals Case No. 09CA1651

Petitioner/Cross-Respondent:
Arnold Meyerstein, in his capacity as Trustee of the Meyerstein Trust,
v.
Respondents/Cross-Petitioners:
City of Aspen, a home rule municipality, and Aspen/Pitkin County Housing Authority, a multijurisdictional housing authority,
and
Respondent:
Music Associates of Aspen, d/b/a Aspen Music Festival and School.

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


No. 11SC419
Court of Appeals Case No. 09CA2164

Petitioner/Cross-Respondent:
Arnold Meyerstein, in his capacity as Trustee of the Meyerstein Trust,
v.
Respondents/Cross-Petitioners:
City of Aspen, Colorado, a home rule municipality; and Aspen/Pitkin County Housing Authority, a Colorado multijurisdictional housing authority,
and
Respondents:
Starwood Aspen Realty, LLC, and Starwood Hotels and Resorts Worldwide, Inc.

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



No. 11SC453
Court of Appeals Case No. 08CA2643

Petitioner:
John Larue Merritt,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC480
Court of Appeals Case Nos. 09CA2050 & 10CA59

Petitioners:
Carol Klimmer and Trinity Properties,
v.
Respondents:
Margie Hunter and 888 Condominium Association, Inc.

Petition for Writ of Certiorari DENIED. EN BANC.



No. 11SC657
Court of Appeals Case No. 09CA1039

Petitioner:
Jennifer Kaye Freels,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.

CHIEF JUSTICE BENDER and JUSTICE RICE would grant as to the following issues:

Whether petitioner clearly and unequivocally asserted her Sixth Amendment right of self-representation such that the district court’s refusal to allow her to proceed to trial pro se constituted structural error.

Whether defense counsel has a professional obligation to communicate a client’s desire to proceed pro se at the time that counsel first learns of that desire and whether, if counsel does not do so, the client’s request for self-representation can be deemed equivocal and/or untimely.

Whether the court of appeals erred in refusing to remand this case for fact-finding by the district court into the substance of the communication between petitioner and her counsel concerning her desire to proceed to trial pro se.


No. 11SC694
Court of Appeals Case No. 11CA47

Petitioner:
DaroTech, Ltd., a Colorado corporation,
v.

Respondent:
City and County of Denver.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC699
Court of Appeals Case No. 08CA2101

Petitioner:
Ezequiel Esparza-Treto,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC728
Court of Appeals Case No. 09CA1186

Petitioner:
Darvon James Baldwin,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.



No. 11SC752
Court of Appeals Case No. 10CA1316

Petitioners:
John Nelson, Gregory Nelson, Cynthia Nelson, and Christi DeFrenchi-Gordineer, v.
Respondent:
Robert Draper.

Petitions for Writ of Certiorari DENIED. EN BANC.


JUSTICE EID would grant as to the following issues:

Whether the court of appeals erred in holding that the release signed by respondent did not bar him from bringing the loss of consortium claim.

Whether the court of appeals erred in holding respondent’s negligent infliction of emotional distress claim is not derivative and not subject to summary judgment.

Whether the court of appeals erred in holding respondent’s subsequent bodily injury claim relates back to respondent’s initial complaint.

Whether the court of appeals erred in substituting its own conclusions for the trial court and remanding the issue of negligent entrustment for additional fact finding.


No. 11SC824
Court of Appeals Case No. 10CA2075

Petitioner:
Cathleen Glinton,
v.
Respondents:
Blue Whale Land and Cattle Company, Inc., a Colorado corporation and Ronald William Goodacre.

Petition for Writ of Certiorari DENIED. EN BANC.



No. 12SC165
Lake County District Court Case No. 11CV11

Petitioner:
Steven Floyd James,
v.
Respondent:
The People of the States of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC253
Court of Appeals Case No. 11CA2098

Petitioner:
S.D.,
v.
Respondent:
The People of the State of Colorado, In the Interest of Minor Child: J.D.

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 || May 14, 2012

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