Colorado Supreme Court Opinions || May 29, 2012
Colorado Supreme Court -- May 29, 2012
Announcement Sheet
OPINIONS
Supreme Court of the State of Colorado
101 West Colfax Avenue, Suite 800 • Denver, Colorado 80202
Supreme Court Case No. 10SC852
Certiorari to the District Court
Boulder County District Court Case No. 09CV623
Honorable Lael Montgomery, Judge
Petitioner/Cross-Respondent:
Mercantile Adjustment Bureau, L.L.C.,
v.
Respondent/Cross-Petitioner:
Elizabeth Flood.
Affirmed in Part and Reversed in Part
en banc
CHIEF JUSTICE BENDERdelivered the Opinion of the Court.
JUSTICE COATS dissents, and JUSTICE EID joins in the dissent.
Supreme Court of the State of Colorado
101 West Colfax Avenue, Suite 800 • Denver, Colorado 80202
Supreme Court Case No. 10SC779
Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 09CA1659
Petitioners:
Capital Securities of America, Inc., Jerry Manning, and Adam Alves,
v.
Respondents:
Faye Griffin, in her official capacity as Treasurer of Jefferson County, and Board of
County Commissioners of the County of Jefferson.
Judgment Reversed
en banc
JUSTICE EID delivered the Opinion of the Court.
JUSTICE MÁRQUEZ and JUSTICE BOATRIGHT do not participate.
Supreme Court of the State of Colorado
101 West Colfax Avenue, Suite 800 • Denver, Colorado 80202
Supreme Court Case No. 10SC623
Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 09CA1874
In the Interest of Child: B.B.O.
Petitioner:
Virginia Olds,
v.
Respondent:
Gay Lakay Berry.
Judgment Reversed
en banc
JUSTICE BOATRIGHT delivered the Opinion of the Court.
JUSTICE EID concurs in the judgment.
PETITIONS FOR REHEARING
Supreme Court of the State of Colorado
101 West Colfax Avenue, Suite 800 • Denver, Colorado 80202
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.
Opinion modified, and as modified, Petitions for Rehearing DENIED. EN BANC.
JUSTICE COATS, JUSTICE EID, and JUSTICE BOATRIGHT would grant Respondent's Petition for Rehearing.
Supreme Court of the State of Colorado
101 West Colfax Avenue, Suite 800 • Denver, Colorado 80202
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.
Petition for Rehearing DENIED. EN BANC.
JUSTICE COATS, JUSTICE EID, and JUSTICE BOATRIGHT would grant the Petition for Rehearing.
Supreme Court of the State of Colorado
101 West Colfax Avenue, Suite 800 • Denver, Colorado 80202
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.
Petition for Rehearing DENIED. EN BANC.
JUSTICE COATS, JUSTICE EID, and JUSTICE BOATRIGHT would grant the Petition for Rehearing.
PETITIONS FOR WRIT OF CERTIORARI
No. 11SC669
Court of Appeals Case No. 10CA1320
Petitioner:
Qwest Corporation,
v.
Respondent:
Colorado Division of Property Tax, Department of Local Affairs, State of Colorado.
Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issues:
Whether the court of appeals erred in rejecting petitioner’s Equal Protection challenge to the Colorado Division of Property Tax’s discrimination against petitioner on property tax valuations, by relying on a novel theory of “administrative convenience,” as a purported rational basis for such disparate treatment, even though the Colorado Division of Property Tax did not rely on, and neither party briefed, that justification, and this court’s precedents do not support “administrative convenience” as a justification for the disparate treatment of similarly situated entities.
Whether the court of appeals erred in holding that the Colorado Division of Property Tax’s disparate treatment of petitioner is a constitutional ownership-based classification arising from petitioner’s status as a public utility, and in failing to enforce the Colorado Constitution’s Uniform Taxation Clause.
Whether the court of appeals erred in interpreting C.R.S. sections 39-3-118 and 39-1-103(13)(a) as allowing Colorado Division of Property Tax to assess petitioner’s property in a manner that disfavors petitioner, and favors petitioner’s cable company competitors, a disparity that Colorado Division of Property Tax itself acknowledges.
No. 11SC676
Court of Appeals Case No. 10CA1685
Petitioner/Cross-Respondent:
Jason Beinor,
v.
Respondents/Cross-Petitioners:
Industrial Claim Appeals Office and Service Group, Inc.
Petition and Cross-Petition for Writ of Certiorari DENIED. EN BANC.
CHIEF JUSTICE BENDER and JUSTICE MÁRQUEZ would grant as to the following issues:
Whether the medical marijuana provisions of the Colorado Constitution, article XVIII, section 14, confer a right to use medical marijuana or merely protection from criminal prosecution.
Whether petitioner was erroneously disqualified from receiving state unemployment compensation benefits under 8-73-108(5)(e)(IX.5),for violating his employer’s zero-tolerance drug policy by having marijuana in his blood, notwithstanding his authorization to use medical marijuana.
Court of Appeals Case No. 08CA1643
Petitioner:
Juan Benjamin Ruiz,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC766
Court of Appeals Case No. 10CA1772
Petitioner/Cross-Respondent:
Star, Inc.,
v.
Respondent/Cross-Petitioner:
QFA Royalties, LLC.
Petition and Cross-Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 06CA2551
Petitioner:
Robert Edward Hill,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 09CA1177
Petitioner:
Matthew Vincent Martinez,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC830
Court of Appeals Case No. 09CA1521
Petitioner:
Edwin Paul Vandover,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 10CA1342
Petitioner:
Joseph W. Kelly,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 10CA32
Petitioner:
John Arthur Lovelace,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC880
Court of Appeals Case No. 10CA1758
Petitioner:
Christopher J. Manning,
v.
Respondents:
Industrial Claim Appeals Office and Murray Motor Imports Co.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 10CA359
Petitioner:
Eddie Dechant,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 09CA1576
Petitioner:
Samuel Stevenson,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC56
Court of Appeals Case No. 09CA1249
Petitioner:
Gary Gilbert Salazar,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 11CA102
Petitioners:
Morgan Corporation and Zurich American,
v.
Respondents:
Industrial Claim Appeals Office and Willis Duane Landes.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 09CA1851
Petitioner:
Eli Joseph Kelly,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC65
Mesa County District Court Case No. 11CV4100
Petitioner:
Timothy Garcia,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 09CA2713
Petitioner:
Hunter Adam Melnick,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 11CA1410
Petitioner:
John Harrison,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC82
Arapahoe County District Court Case No. 11CV94
Petitioner:
Mark Roy Helm,
v.
Respondent:
Tracy Ilene Alvarez.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 10CA1868
Petitioner:
Ernie Joseph Medina,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 11CA1176
Petitioner:
Jeremy Lee Mendiaz,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC92
Court of Appeals Case No. 04CA1122
Petitioner:
Antonio Alexander,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 11CA1234
Petitioner:
Jeannette K. Shelton,
v.
Respondents:
ITT Systems Corporation/Barnett Associates, Inc. and Industrial Claim Appeals Office of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 10CA1874
Petitioner:
Eugene Allen Gonzales,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC114
Court of Appeals Case No. 10CA2111
Petitioner:
Michael Rollie,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 10CA1688
Petitioner:
Joe Angelo Alaniz,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Weld County District Court Case No. 11CV35
Petitioner:
Jack Lakey,
v.
Respondent:
Town of Firestone.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC124
Court of Appeals Case No. 10CA340
Petitioner:
Michael Doyle,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 09CA2408
Petitioner:
Leah Louise Salazar,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 09CA2682
Petitioner:
Tracy Lee Powell,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC136
Court of Appeals Case No. 10CA2292
Petitioner:
Alfred Lawrence Montano,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 09CA2464
Petitioner:
Ronald Taylor,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 10CA579
Petitioner:
Leonard Charles Watkins,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
CHIEF JUSTICE BENDER and JUSTICE MÁRQUEZ would grant as to the following issue:
Whether trial courts have the discretion to allow a seriously ill Colorado probationer to use medical marijuana during a term of probation after the court considers the individual circumstances of the case and the offense for which probation is imposed.
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 29, 2012
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