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Colorado Supreme Court Opinions || August 13, 2012

Colorado Supreme Court -- August 13, 2012
Announcement Sheet

OPINIONS

NONE


PETITIONS FOR REHEARING

NONE


PETITIONS FOR WRIT OF CERTIORARI

No. 11SC684

Court of Appeals Case No. 08CA1275

Petitioner:

Douglas L. Brown,

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’s erroneous conclusion that Colorado’s sexual exploitation statute does not require proof that a realchild was depicted, coupled with the prosecution’s arguments in closing that it did not have to prove the existence of a real child unconstitutionally lowered the prosecution’s burden of proof and requires reversal.

Whether sufficient evidence of “specialized knowledge” existed to support a detective’s qualification as an expert under C.R.E. 702.

Whether sufficient evidence of sexual exploitation exists to support petitioner's convictions.


No. 11SC720

Court of Appeals Case No. 09CA400

Petitioner:

Ronald Grassi,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issue:

Whether the court of appeals erred in holding that a police officer had probable cause to order an involuntary blood draw from a defendant by imputing the findings of an accident reconstruction analysis to the officer under the "fellow officer rule" even though (1) the findings were unknown to the officer at the time he ordered the blood draw and (2) the officer did not order the blood draw at the behest of anyone who knew the findings.


No. 11SC760

District Court, City and County of Denver, Case No. 11CV496

Petitioner:

Sean Anderson,

v.

Respondent:

The City and County of Denver.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC767

Court of Appeals Case No. 09CA2565

Petitioner:

Richard Gordon Schoonmaker,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC774

Court of Appeals Case No. 09CA2021

Petitioner:

Hector John Chamberlain,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC786

Court of Appeals Case No. 10CA1006

Petitioners/Cross-Respondents:

Marcia Waters, Director of the Colorado Division of Real Estate; and Colorado Board of Real Estate Appraisers,

v.

Respondents/Cross-Petitioners:

Land Owners United, LLC, a Colorado limited liability corporation; and Land Owners United, Inc., a Colorado nonprofit corporation.

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

Summary of Issue:

Whether the court of appeals erred by holding that the Colorado Open Records Act’s investigatory files exemption, section 24-72-204(2)(a)(I), C.R.S. (2011), does not apply to investigatory files complied for civil law enforcement purposes.

DENIED AS TO ALL OTHER ISSUES.


No. 11SC805

Court of Appeals Case No. 10CA132

Petitioner:

Luke Brovetto,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC829

Court of Appeals Case No. 10CA363

Petitioners:

Preston B. Henn and Betty D. Henn,

v.

Respondent:

Westpac Aspen Investments, LLC, a Colorado limited liability company.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC909

Adams County District Court Case No. 11CV652

Petitioner:

Scott Bell,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC960

Larimer County District Court Case No. 11CV552

Petitioner:

Kendall Brown,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC96

Court of Appeals Case No. 10CA1302

In re the Parental Responsibilities of Child, S.N.V.,

Petitioner:

C.A.T.C.,

v.

Respondent:

N.M.V.,

and Intervenor:

B.V.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC99

Court of Appeals Case No. 09CA2065

Petitioner:

Los Zapatistas, Inc., a Colorado non-profit corporation, v.

Respondent:

Archdiocese of Denver, a corporation sole.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC159

Weld County District Court Case No. 11CV937

Petitioner:

Donald Fymbo,

v.

Respondent:

Erie Exchange, LLC.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC166

Court of Appeals Case No. 10CA2573

Petitioner:

Karen Hammer,

v.

Respondent:

Video Professor, Inc.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC181

Court of Appeals Case No. 11CA95

Petitioner:

Walter G. Burkey Trust,

v.

Respondent:

The City and County of Denver.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC186

Court of Appeals Case No. 10CA126

Petitioner:

Jeffery Ross Jensen,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC193

Court of Appeals Case No. 11CA380

Petitioner:

Jan Rogers,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC197

El Paso County District Court Case No. 11CV358

Petitioner:

Marc Harris Kaplan,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC210

Court of Appeals Case No. 05CA1514

Petitioner:

Randy Deon Canister,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC233

Court of Appeals Case No. 09CA543

Petitioner:

Khalid A. Meals,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC242

Court of Appeals Case No. 10CA2212

Petitioner:

New Design Construction Company, a Colorado corporation,

v.

Respondent:

City of Thornton.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC256

Court of Appeals Case No. 09CA1346

Petitioner:

John Rodriguez,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC258

Court of Appeals Case No. 10CA1550

Petitioner:

Jack Torres,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED . EN BANC.


No. 12SC270

Court of Appeals Case No. 10CA2239

Petitioner:

Valene Renee Ferri,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC277

Court of Appeals Case No. 10CA1090

Petitioner:

Charles K. Ford,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC287

Court of Appeals Case No. 11CA216

Petitioner:

Adrian Ray Quintana,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC289

Court of Appeals Case No. 10CA2452

Petitioner:

Gregory L. Turman,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC291

Court of Appeals Case No. 11CA1218

Petitioner:

Margaret L. McKenzie,

v.

Respondent:

Thompson School District R2-J.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC292

Court of Appeals Case No. 10CA1864

Petitioner:

Arturo Aguilar,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC296

Court of Appeals Case No. 09CA1038

Petitioner:

Michael Leon Williams,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC298

Court of Appeals Case No. 11CA217

Petitioner:

Sonny Erin Garcia,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC300

Court of Appeals Case No. 09CA433

Petitioner:

Dario Ricardo Murphy,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC302

Court of Appeals Case No. 11CA189

Petitioner:

Steven Ray Martinez,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC304

Court of Appeals Case No. 10CA2213

Petitioner:

Steve Galvez,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC305

Court of Appeals Case No. 10CA846

Petitioner:

Paul Harold Fenton,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC309

District Court, City and County of Broomfield, Case No. 11CV208

Petitioner:

April Lynn Trujillo,

v.

Respondents:

Andrew Charles Romero and Victoria Romero.

Petition for Writ of Certiorari DENIED . EN BANC.


No. 12SC316

Court of Appeals Case No. 09CA2686

Petitioner:

Joseph McClendon,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC317

Court of Appeals Case No. 09CA2355

Petitioner:

John Doushay Wise,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC319

Jefferson County District Court Case No. 11CV2897

Petitioner:

Richard Price,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC327

Court of Appeals Case No. 10CA1826

Petitioner:

Sherwyn Robert Oates,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC422

Court of Appeals Case No. 11CA2631

Petitioner:

M.P.,

v.

Respondent:

The People of the State of Colorado,

In the Interest of Minor Children, J.P. and H.P.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC531

Court of Appeals Case No. 12CA476

Petitioner:

D.R.,

v.

Respondent:

The People of the State of Colorado,

In the Interest of Minor Children, T.R. and A.R.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC535

Court of Appeals Case No. 12CA560

Petitioner:

J.J.M.,

v.

Respondent:

The People of the State of Colorado,

In the Interest of Minor Children, J.J.M.G. and J.M.M.G.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC536

Court of Appeals Case No. 12CA472

Petitioner:

K.E.,

v.

Respondent:

The People of the State of Colorado, In the Interest of Minor Child, K.W.R.

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 || August 13, 2012

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