Colorado Supreme Court Opinions || October 15, 2012
Colorado Supreme Court -- October 15, 2012
Announcement Sheet
OPINIONS
NONE
PETITIONS FOR REHEARING
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.
Petition for Rehearing DENIED. EN BANC.
PETITIONS FOR WRIT OF CERTIORARI
No. 11SC638
Court of Appeals Case No. 08CA1055
Petitioner:
Armando M. Perez,
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 affirming the petitioner’s sexual assault on a child and kidnapping convictions, despite reversing his enticement conviction because improper 404(b) evidence was admitted at trial.
DENIED AS TO ALL OTHER ISSUES.
No. 11SC895
Court of Appeals Case No. 10CA954
Petitioners:
Fletcher Enterprises, Inc.; Conrad Fletcher; and Eva Morrison, v.
Respondent:
Multi-Contractors, Inc.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC926
Court of Appeals Case No. 10CA2176
Petitioners:
Harman-Bergstedt, Inc., d/b/a Kentucky Fried Chicken; and Zurich American Insurance Company,
v.
Respondents:
Elaine Loofbourrow, and Industrial Claims Appeals Office.
Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issue:
Whether a claimant who did not challenge a determination that she had reached maximum medical improvement of her work-related injury in an open case can obtain temporary total disability benefits where she has experienced a worsening of her original injury.
DENIED AS TO ALL OTHER ISSUES.
No. 12SC20
Teller County District Court Case No. 11CV150
Petitioner:
Donald Allen,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
JUSTICE HOBBS and JUSTICE MÁRQUEZ would grant as to the following issues:
Whether the district court on appeal is permitted to overturn a trial court’s finding [under section 18-6-801(1)(a), C.R.S. (2012),] that the crime of criminal mischief involving a spouse’s property was not domestic violence because the state had failed to prove that it was used as a method of coercion, control, punishment, intimidation or revenge.
Whether the district court on appeal erred in determining that the trial court, in effect, improperly delegated to the jury the finding, under section 18-6-801(1)(a), of whether the underlying factual basis of Petitioner’s crime of criminal mischief included an act of domestic violence.
No. 12SC66
Court of Appeals Case No. 08CA510
Petitioner:
James Wilbur Dreibholz,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC85
Court of Appeals Case No. 09CA1631
Petitioner:
Jerry Dean Cason,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC89
Court of Appeals Case No. 09CA2468
Petitioner:
Rhidale Dotson,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC125
Court of Appeals Case No. 10CA1967
Petitioner:
Andrew Todd Cerise,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC184
Court of Appeals Case No. 09CA1746
Petitioner:
Raul Mendoza,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC203
Court of Appeals Case No. 08CA2155
Petitioner:
Ryan Ronald Hays,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC215
Court of Appeals Case No. 08CA1652
Petitioner:
Ray Rivers Perkins,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC237
Court of Appeals Case No. 10CA1094
Petitioner:
Albert Michael Carmosino,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC254
Court of Appeals Case No. 10CA2596
In re the Marriage of:
Petitioner:
Laurie P. Sheppard, and
Respondent:
Frank C. Sheppard, III.
Petition for Writ of Certiorari DENIED. EN BANC.
JUSTICE BOATRIGHT would grant as to the following issue:
Whether the court of appeals misapprehend, and thus fail to address, petitioner’s argument that the district court’s finding that her reasonable medical expenses would increase in the future improperly burden any effort she might make in the future to modify maintenance if her needs increased?
No. 12SC274
Court of Appeals Case No. 10CA2047
Petitioner:
Angela Pawnee Marie Beach,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC. JUSTICE MÁRQUEZ does not participate.
No. 12SC297
Court of Appeals Case No. 10CA2249
Petitioner:
John Kalinowski,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC306
Court of Appeals Case No. 08CA1762
Petitioner:
David Leroy Hostetler,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC359
Court of Appeals Case No. 11CA1777
Petitioner/Cross-Respondent:
Dillon Companies, Inc., d/b/a King Soopers,
v.
Respondent/Cross-Petitioner:
Robert Zerba.
Petition and Cross-Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC366
Court of Appeals Case No. 10CA310
Petitioner:
James Rudnick,
v.
Respondents:
Colorado Department of Corrections and Tom Clements, Executive Director.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC371
Court of Appeals Case No. 09CA305
Petitioner:
Robert Christensen,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC373
Court of Appeals Case No. 09CA2727
Petitioner:
Michael Fisher,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC381
Court of Appeals Case No. 11CA799
Petitioner:
Jeffery David King,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC407
Court of Appeals Case No. 11CA226
Petitioner:
Grant E. Mooridian,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC414
Court of Appeals Case No. 09CA2757
Petitioner:
Alexis Ortiz,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC416
Court of Appeals Case No. 10CA1474
Petitioner:
Jesse Lee Jo Wallis,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC418
Court of Appeals Case No. 11CA1623
Petitioner:
Susie Cardenas,
v.
Respondent:
Jennifer Kay Cardenas.
Petition for Writ of Certiorari DENIED. EN BANC. JUSTICE MÁRQUEZ does not participate.
No. 12SC421
Court of Appeals Case No. 11CA2531
Petitioner:
Shawn Winkler,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC. JUSTICE COATS does not participate.
No. 12SC423
Court of Appeals Case No. 10CA1722
Petitioner:
Eldridge Jarmon,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC426
Court of Appeals Case No. 11CA502
Petitioners:
Karen A. Hammer and Barbara K. Brown, Ph.D.,
v.
Respondents:
Rabbi Joshua Adams Rose, Rabbi Deborah Ruth Bronstein, and Congregation Har Hashem, a Colorado corporation.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC432
Court of Appeals Case No. 11CA1791
Petitioner:
J.J.B.,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC433
Court of Appeals Case No. 12CA258
Petitioner:
Carl Allen Nakagawa,
v.
Respondent:
North Range Behavioral Health.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC437
Court of Appeals Case No. 11CA670
Petitioner:
Grover Allan Tarver,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC444
Court of Appeals Case No. 10CA2300
Petitioner:
Douglas Junior Taylor,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC445
Court of Appeals Case No. 10CA2478
Petitioner:
Deborah G. Ware,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC451
Court of Appeals Case No. 09CA1516
Petitioner:
David Michael Scranton,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC515
Court of Appeals Case No. 11CA1696
Petitioner:
Leonard Flores,
v.
Respondents:
Evraz, N.A., d/b/a/ CF&I Steel, L.P., d/b/a Rocky Mountain Steel Mills; Continental Casualty Co.; and Industrial Claim Appeals Office of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC706
Court of Appeals Case No. 12CA8238
Petitioner:
J.G.,
v.
Respondent:
The People of the State of Colorado, In the Interest of Minor Child: A.G.
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 || October 15, 2012
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