Colorado Supreme Court Opinions || June 18, 2012
Colorado Supreme Court -- June 18, 2012
Announcement Sheet
OPINIONS
Supreme Court of the State of Colorado
101 West Colfax Avenue, Suite 800 • Denver, Colorado 80202
Supreme Court Case No. 12SA63
Original Proceeding Pursuant to C.A.R. 21
Douglas County District Court Case No. 08DR42
Honorable Angela R. Arkin, Judge
In re the Marriage of:
Petitioner:
Jeffrey A. Wiggins,
and
Respondent:
Zwilda Wiggins.
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
Plaintiff-Appellant:
The People of the State of Colorado,
v.
Defendant-Appellee:
Michael Edward Lynn.
JUSTICE HOBBSdelivered the Opinion of the Court.
JUSTICE COATS dissents, andJUSTICE EID joins in the dissent.
Supreme Court of the State of Colorado
101 West Colfax Avenue, Suite 800 • Denver, Colorado 80202
Petitioners:
Betty G. Amos and the Estate of Thomas R. Righetti,
v.
Respondents:
Aspen Alps 123, LLC, and Equitable Bank.
Judgment Affirmed in Part and Reversed in Part
en banc
JUSTICE RICEdelivered the Opinion of the Court.
CHIEF JUSTICE BENDERconcurs in part and dissents in part. JUSTICE COATSdissents.
Supreme Court of the State of Colorado
101 West Colfax Avenue, Suite 800 • Denver, Colorado 80202
Petitioner:
Michael William Pierson,
v.
Respondent:
The People of the State of Colorado.
Judgment Affirmed
en banc
JUSTICE COATSdelivered the Opinion of the Court. CHIEF JUSTICE BENDER dissents.
Supreme Court of the State of Colorado
101 West Colfax Avenue, Suite 800 • Denver, Colorado 80202
Supreme Court Case No. 11SA288
Interlocutory Appeal from the District Court
El Paso County District Court Case No. 11CR183
Honorable Jann Dubois, Judge
Plaintiff-Appellant:
The People of the State of Colorado,
v.
Defendant-Appellee:
Desirae Lynn Vissarriagas.
Order Reversed
en banc
JUSTICE BOATRIGHT delivered the Opinion of the Court.
PETITIONS FOR REHEARING
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.
Petition for Rehearing DENIED. EN BANC.
Supreme Court of the State of Colorado
101 West Colfax Avenue, Suite 800 • Denver, Colorado 80202
2012 CO 39
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.
Petition for Rehearing DENIED. EN BANC.
JUSTICE MÁRQUEZ and JUSTICE BOATRIGHT do not participate.
PETITIONS FOR WRIT OF CERTIORARI
No. 11SC516
Court of Appeals Case No. 10CA955
Petitioners/Cross-Respondents:
Dennis Shaw and First Horizon Home Loan Corporation,
v.
Respondent/Cross-Petitioner:
17 West Mill St, LLC, a Colorado limited liability company.
Petition and Cross-Petition for Writ of Certiorari GRANTED. EN BANC.
Summary of Issue:
Whether the court of appeals erred by concluding that the General Assembly intended a release of a deed of trust by a public trustee to be void under section 38-39-102, C.R.S. (2011), where the requester committed constructive fraud in the request for the release.
DENIED AS TO ALL OTHER ISSUES.
Court of Appeals Case No. 07CA698
Petitioner:
Richard Anthony Hernandez,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC692
Court of Appeals Case No. 09CA2704
Petitioners:
Turene Lombard and Pueblo School District #60,
v.
Respondents:
Colorado Outdoor Education Center, Inc., a Colorado non-profit corporation, d/b/a The Nature Place; and Sanborn Western Camps Inc., a Colorado non-profit corporation, d/b/a The Nature Place.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 10CA1169
Petitioner:
Lawrence William Fitzgerald, Jr.,
v.
Respondents:
Corrections Corporation of America; Hoyt Brill, Warden; and Kerry Kahle.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 08CA1985
Petitioner:
Tisha Ann Johnson,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC795
Court of Appeals Case No. 10CA2283
Petitioner:
Susan Keeney,
v.
Respondent:
State Farm Fire & Casualty Company.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 08CA1638
Petitioner:
Willie Dee Hayward, Jr.,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 06CA1288
Petitioner:
Jorge Chavez-Flores,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC900
Court of Appeals Case Nos. 10CA1493 & 10CA2253
Petitioner:
Gary Bastian,
v.
Respondent:
EMJ Corporation.
Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issues:
Whether the court of appeals erred in holding that a trial court abused its discretion by treating an entry of default as a default judgment for the purposes of setting it aside, where the trial court found that the defaulting party did not establish excusable neglect pursuant to C.R.C.P. 60(b) and the defaulting party raised only perfunctory defenses.
Whether the court of appeals erred by applying an insufficiently deferential standard of review to a trial court’s denial of a motion to set aside an entry of default.
DENIED AS TO ALL OTHER ISSUES.
Court of Appeals Case No. 09CA944
Petitioner:
Francisco Nasario Aguirre,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC907
Court of Appeals Case No. 10CA1739
Petitioner:
Oscar Porres,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 11CA16
Petitioner:
Antoine Michael Garcia,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 10CA2275
Petitioner:
Alphonso Caesar,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC933
Court of Appeals Case No. 09CA1180
Petitioner:
Ernest Benson,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED . EN BANC.
Court of Appeals Case No. 10CA520
Petitioner:
Pedro Martinez,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 09CA1958
Petitioner:
Jose Antonio Flores,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC6
Court of Appeals Case No. 09CA2327
Petitioner:
Marc Sherman,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Mesa County District Court Case No. 11CV4336
Petitioner:
John McDugle,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 09CA1097
Petitioner:
Elizabeth Tinoco-Tapia,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC28
Court of Appeals Case No. 10CA356
Petitioner:
Bruce Robert Goldman,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 09CA1578
Petitioner:
Larry Eugene Fuller,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 09CA396
Petitioner:
Thomas Gene Blake,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC
No. 12SC50
Court of Appeals Case No. 10CA1861
Petitioner:
Kenneth A. Knapp,
v.
Respondent:
Capital One Bank (USA) N.A.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 09CA2205
Petitioner:
Israel Ham Munoz,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED . EN BANC.
Court of Appeals Case No. 11CA1649
Petitioner:
Janet M. Miller,
v.
Respondents:
Industrial Claim Appeals Office and Merck Sharp & Dohme Corporation.
Petition for Writ of Certiorari DENIED. EN BANC. JUSTICE MÁRQUEZ does not participate.
No. 12SC91
Court of Appeals Case No. 11CA1474
Petitioner:
Clifford Woods,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 11CA427
Petitioner:
Jesse Miller,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 09CA2054
Petitioners:
Dorothy L. Breezie Hauck and Aaron Allen,
v.
Respondent:
David T. Simmons, II.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC144
Court of Appeals Case No. 09CA2397
Petitioner:
Obdulio Arvelo,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 10CA1721
Petitioner:
Mwila Chimembe,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 10CA2660
Petitioner:
Hazhar Sayed,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC167
Court of Appeals Case No. 10CA183
In re the Marriage of:
Petitioner:
Loren J. Randall,
and
Respondent:
Lori A. Minikus-Randall.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 11CA5
Petitioner:
Milo Lynn Burr,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 11CA2335
Petitioner:
B.R.,
v.
Respondent:
The People of the State of Colorado, In the Interest of Minor Child, C.M.R.
Petition for Writ of Certiorari DENIED. EN BANC.
JUSTICE MÁRQUEZ and JUSTICE BOATRIGHT do not participate.
No. 12SC361
Court of Appeals Case No. 11CA2127
Petitioner:
R.I.H.,
v.
Respondent:
The People of the State of Colorado,
In the Interest of Minor Children, M.J.M. and I.W.M.
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 || June 18, 2012
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