Colorado Supreme Court Opinions || July 16, 2012
Colorado Supreme Court -- July 16, 2012
Announcement Sheet
OPINIONS
NONE
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.
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.
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.”
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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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