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Colorado Supreme Court Opinions || July 16, 2012

Colorado Supreme Court -- July 16, 2012
Announcement Sheet

OPINIONS

NONE


PETITIONS FOR REHEARING

No. 11SC816

Court of Appeals Case No. 10CA1111

Petitioner:

Kathryn Koch, Clerk of the City of Aspen, Colorado,

v.

Respondent:

Marilyn Marks, a resident of the City of Aspen, Colorado.

Petition for Writ of Certiorari was DENIED as improvidently granted on June 21, 2012. Petition for Rehearing DENIED. EN BANC.

 

PETITIONS FOR WRIT OF CERTIORARI

No. 11SC611

Court of Appeals Case No. 08CA1640

Petitioner:

Jonathan S. Warren,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC825

Court of Appeals Case No. 09CA863

Petitioner:

Robin Gene Thomeczek,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC844

Court of Appeals Case No. 09CA2470

Petitioner:

Mack W. Thomas,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC. JUSTICE MÁRQUEZ does not participate.


No. 11SC859

Court of Appeals Case No. 09CA1232

Petitioner:

Salvador Torres-Gonzales,

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 trial court violated Mr. Torres-Gonzales’ right to confrontation under the United States and Colorado Constitutions when it admitted testimonial hearsay without requiring the State to demonstrate the hearsay declarant’s unavailability.

Whether the court of appeals erroneously failed to follow this Court’s precedent when it held that a Confrontation Clause trial error can never amount to plain and “obvious” error because the determination of whether (1) a statement is testimonial; and (2) our state constitution provides added protection not available under federal law for the admission of non-testimonial hearsay requires “thought to understand or analyze,” and is therefore not “obvious.”


No. 11SC908

Court of Appeals Case No. 08CA2156

Petitioner:

The People of the State of Colorado, v.

Respondent:

James Len Harmon.

Petition for Writ of Certiorari DENIED. EN BANC.

JUSTICE BOATRIGHT would grant as to the following issue:

Whether a trial court is constitutionally required to respond to a juror note that the court reasonably finds did not indicate the juror was biased.


No. 12SC16

Court of Appeals Case No. 10CA472

Petitioner:

Carlos Colin,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC45

Court of Appeals Case No. 09CA878

Petitioner:

Adrian Stephen Ryines,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC69

Court of Appeals Case No. 10CA714

Petitioner:

Philip Stetzel,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC. JUSTICE MÁRQUEZ does not participate.


No. 12SC86

Court of Appeals Case No. 08CA2445

Petitioner:

William Robert Eisenman,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC87

Court of Appeals Case No. 10CA1096

Petitioner:

James Arthur Goode,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC103

Court of Appeals Case No. 10CA1152

Petitioner:

Richardo Vincent Johnson,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC111

Court of Appeals Case No. 08CA1591

Petitioner:

Derrick Eugene Ratcliff,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC123

Court of Appeals Case No. 07CA2479

Petitioner:

Victor Norman Hansen,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC126

Court of Appeals Case No. 09CA1634

Petitioner:

Daniel Gabriel Morales,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC141

Court of Appeals Case No. 09CA2430

Petitioner:

Andrew Blozvich,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC149

Weld County District Court Case No. 11CV439

Petitioner:

Edward Yalacki,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC150

Court of Appeals Case No. 11CA76

Petitioner:

Rabbi Mark Israel Gruber,

v.

Respondents:

Denver Post Corporation, d/b/a The Denver Post, and Lynn Bartels, individually and in her official capacity as a Denver Post reporter.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC153

Court of Appeals Case No. 09CA677

Petitioner:

John Benjamin Ballinger,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC217

Court of Appeals Case No. 09CA623

Petitioner:

Kirk Daniel Harris,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC218

Court of Appeals Case No. 11CA401

Petitioner:

Dawn Renee Klocke,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC221

Court of Appeals Case No. 09CA518

Petitioner:

Travis Kirk Bland,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC222

Court of Appeals Case No. 10CA743

Petitioner:

Quentin Thornton,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC223

Court of Appeals Case No. 10CA2500

Petitioner:

Marco A. Rocha,

v.

Respondents:

Warden of Sterling Correctional Facility and Executive Director of CDOC.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC224

Court of Appeals Case No. 09CA462

Petitioner:

Antonio Francisco Bonilla-Barrera,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC228

Court of Appeals Case No. 09CA403

Petitioner:

Justin J. Rueb,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC232

Court of Appeals Case No. 11CA1274

Petitioner:

Adrian Johnson,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC238

Court of Appeals Case No. 10CA2387

Petitioner:

Paul Truman Estell,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC239

Court of Appeals Case No. 10CA793

Petitioner:

Paul M. Lopez,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC240

Court of Appeals Case No. 09CA67

Petitioner:

Phillip R. Moore,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.

JUSTICE BOATRIGHT would grant as to the following issue:

Whether Crim. P. 35(a) permits a challenge to a sentence that exceeds the statutory presumptive maximum if the sentence was erroneously enhanced by a sentence enhancer that cannot be constitutionally applied under the circumstances.


No. 12SC243

Court of Appeals Case No. 10CA31

Petitioner:

Keith Wayne Harmon,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC244

Court of Appeals Case No. 10CA106

Petitioner:

Kelly Deal, a/k/a Kelly Lyn Manning,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC245

Court of Appeals Case No. 11CA1998

Petitioner:

Steven R. Wilson,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC246

Court of Appeals Case No. 11CA1108

Petitioner:

Kenneth Montgomery,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC. JUSTICE COATS does not participate.


No. 12SC247

Court of Appeals Case No. 10CA384

Petitioner:

Daniel Richard Villa,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC248

Court of Appeals Case No. 10CA2422

Petitioner:

Michael K. Tivis,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC249

Court of Appeals Case No. 09CA1269

Petitioner:

Joshua Elliot Wingfield,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC415

Court of Appeals Case No. 11CA2380

Petitioner:

The People of the State of Colorado, In the Interest of Minor Child, I.H.,

v.

Respondent:

J.E.H.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC438

Court of Appeals Case No. 11CA2211

Petitioner:

C.M.H.,

v.

Respondent:

The People of the State of Colorado,

In the Interest of Minor Child, M.N.H.C.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC443

Court of Appeals Case No. 11CA2498

Petitioner:

R.C.,

v.

Respondent:

The People of the State of Colorado,

In the Interest of Minor Children, B.M. and A.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 || July 16, 2012

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