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Colorado Supreme Court Opinions || September 24, 2012

Colorado Supreme Court -- September 24, 2012
Announcement Sheet

OPINIONS


Supreme Court of the State of Colorado
101 West Colfax Avenue, Suite 800 • Denver, Colorado 80202


2012 CO 58


Supreme Court Case No. 10SC765

Certiorari to the Colorado Court of Appeals
Colorado Court of Appeals Case No. 09CA900


Petitioner:
Portercare Adventist Health System, d/b/a Porter Hospital,
v.
Respondent:
Robert T. Lego.


Judgment Reversed
en banc

JUSTICE RICEdelivered the Opinion of the Court.


PETITIONS FOR REHEARING

NONE


PETITIONS FOR WRIT OF CERTIORARI

No. 11SC739

Court of Appeals Case No. 08CA1057

Petitioner:

Ronald Max Martinez,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC813

Court of Appeals Case No. 10CA1805

Petitioner:

The People of the State of Colorado,

v.

Respondents:

$11,200.00 US Currency and Bradley Edward Strand.

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

Whether the trial court lost subject matter jurisdiction in the in rem forfeiture proceeding when it distributed the personal property, $11,200, pursuant to its unappealed final order.

Whether section 16-13-307(1.6), C.R.S. (2011), provides affirmative relief from an unappealed final order of forfeiture when a claimant’s criminal conviction is overturned on appeal.

Whether, contrary to this court’s holding in Ahart v. Colorado Department of Corrections, 964 P.2d 517, 520 (Colo. 1998), the court of appeals erred in holding that the exclusionary rule applies to civil forfeiture proceedings without conducting an analysis in this case utilizing the enumerated two-part balancing test.

Whether the court of appeals erred in holding that, for purposes of C.R.C.P. 60(b)(4), the civil forfeiture judgment was “based on” the related criminal conviction when the civil forfeiture judgment was attained through a separate and full hearing on the merits, evidence of the criminal conviction was only one piece of evidence submitted at the hearing, and a criminal conviction is not required for a civil forfeiture judgment.

DENIED AS TO ALL OTHER ISSUES.


No. 11SC874

Court of Appeals Case No. 08CA1174

Petitioner:

Paul Bernard Cordova,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC889

Court of Appeals Case No. 10CA668

Petitioners:

Jason L. Kelly, M.D.; and Mauricio L. Waintrub, M.D.,

v.

Respondent:

Vasilios Haralampopoulos, by his guardian John Haralampopoulos.

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

Whether the court of appeals erred in concluding that statements to a physician and other hearsay evidence regarding a patient’s alleged cocaine use was inadmissible under the rules of evidence in a medical malpractice case in which the parties disputed the cause of the patient’s complications following a medical procedure.

DENIED AS TO ALL OTHER ISSUES.


No. 11SC935

Court of Appeals Case No. 10CA2327

Petitioners:

Debbie Benefield, State Representative; Bernie Buescher, State Representative; Morgan Carroll, State Representative; Gwyn Green, State Representative; Mary Hodge, State Representative; Liane “Buffie” McFadyen, State Representative; Wes McKinley, State Representative; Michael Merrifield, State Representative; James Riesberg, State Representative; and Judy Solano, State Representative,

v.

Respondent:

Colorado Republican Party.

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

Whether the court of appeals erred in ruling that, under the Colorado Open Records Act, if a court orders the inspection of even one improperly withheld public record, the requesting party is a “prevailing applicant” entitled to attorneys’ fees and costs.


No. 11SC955

Court of Appeals Case No. 08CA1347

Petitioner:

Bryan John Shuford,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC94

Court of Appeals Case No. 09CA828

Petitioner:

Penny Kae Fox,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC145

Court of Appeals Case No. 09CA2303

Petitioner:

Ashonti Hall,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC168

Court of Appeals Case No. 10CA137

Petitioner:

The People of the State of Colorado, v.

Respondent:

Mark J. Strodtman.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC176

Court of Appeals Case No. 10CA1617

Petitioners/Cross-Respondents:

Wayne Ranieri and Julie M. Ranieri,

v.

Respondents/Cross-Petitioners:

Kathy Whaley and Ronald Whaley.

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


No. 12SC428

Elbert County District Court Case No. 12CV96

Petitioner:

Lora Krista, a/k/a Lora Krista Lafortune,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC615

Court of Appeals Case No. 12CA750

Petitioner:

S.A.T.,

v.

Respondent:

The People of the State of Colorado, In the Interest of Minor Child: E.R.T.

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 || September 24, 2012

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