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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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