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Colorado Supreme Court Opinions || October 22, 2012

Colorado Supreme Court -- October 22, 2012
Announcement Sheet

OPINIONS

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


2012 CO 61


Supreme Court Case No. 11SC265
Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 09CA788


Petitioners:

Melat, Pressman & Higbie, LLP, f/k/a Melat, Pressman, Ezell & Higbie LLP, and
Howarth & Smith,

v.
Respondent:

Hannon Law Firm, LLC, f/k/a The Law Firm of Kevin S. Hannon, LLC,
f/k/a The Law Firm of Kevin S. Hannon.


Judgment Affirmed
en banc

JUSTICE HOBBS delivered the Opinion of the Court. JUSTICE COATS dissents.


 


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


2012 CO 62


Supreme Court Case No. 11SA219
Original Proceeding Pursuant to C.A.R. 21
Weld County District Court Case No. 09CV742
Honorable Daniel S. Maus, Judge


In Re:
Plaintiff:

Lorena Garcia,
v.
Defendants:
Schneider Energy Services, Inc. and William R. Smith.


Rule Made Absolute
en banc

JUSTICE RICE delivered the Opinion of the Court. JUSTICE MÁRQUEZ dissents.


PETITIONS FOR REHEARING
NONE



PETITIONS FOR WRIT OF CERTIORARI

No. 11SC753

Court of Appeals Case No. 09CA2422

Petitioner/Cross-Respondent:

April Arnold,

v.

Respondents/Cross-Petitioners:

Anton Cooperative Association, Chester Kenney, and Louanne Kenney.

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


No. 11SC770

Court of Appeals Case No. 09CA2370

Petitioner:

Jere M. Willis,

v.

Respondents:

317 and 325 Cherry Street Partnership; Greg Glebe; Xylem Design Inc.; and Cambium Development, Inc.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC5

Court of Appeals Case No. 08CA1123

Petitioner:

Omar Anthony King,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.



No. 12SC117

Court of Appeals Case No. 10CA295

Petitioner:

Larry Gale Seabolt,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC139

Court of Appeals Case No. 10CA2039

Petitioner:

Bristol Bay Productions, LLC, f/k/a Crusader Entertainment LLC,

v.

Respondents:

Peter Lampack; The Peter Lampack Agency, Inc.; Simon & Schuster, Inc., and Penguin Group (USA), Inc.

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

Whether proximate cause is necessarily an actor-specific inquiry reserved for the jury, or can a court hold that a previous finding that one actor did not cause a plaintiff's harm preclude plaintiff from later arguing that a different actor caused that same harm.

Whether a trial court, before granting a motion to dismiss based on the affirmative defense of issue preclusion, must first convert the motion to one for summary judgment.



No. 12SC199

Court of Appeals Case No. 11CA169

Petitioner:

Robert J. Ball, Personal Representative of the Estate of William Wesson, deceased,

v.

Respondent:

OneWest Bank, FSB.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC213

Court of Appeals Case No. 11CA329

Petitioner:

Hyatt Corporation, d/b/a Hyatt Regency Denver at Colorado Convention Center,

v.

Respondent:

Judith Rotz.

Petition for Writ of Certiorari DENIED. EN BANC.



No. 12SC219

Court of Appeals Case No. 06CA1518

Petitioner:

Ricky Cuong Hoang,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari GRANTED. EN BANC. JUSTICE BOATRIGHT does not participate.

Summary of the Issues:

Whether petitioner's due process rights to a speedy and meaningful appeal have been violated due to the unreasonable delay in the preparation of transcripts and the significant omissions of trial exhibits.

Whether the court of appeals erred in affirming petitioner’s conviction when the trial court required him to stand trial in leg shackles without a finding of necessity.

DENIED AS TO ALL OTHER ISSUES.


No. 12SC272

Arapahoe District Court Case No. 11CV2175

Petitioner:

People of the State of Colorado,

v.

Respondent:

Gregory Johnson.

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

Whether the district court erred in holding that mandatory protection orders under section 18-1-1001, C.R.S. (2012), do not apply to the mandatory parole component of felony sentences.



No. 12SC321

Court of Appeals Case No. 11CA1414

Petitioner:

Mary Garcia,

v.

Respondents:

Jacob Gasper and Patty Gasper.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC548

Arapahoe District Court Case No. 11CV2174

Petitioner:

Edward V. Byorick,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari GRANTED. EN BANC.

Summary of Issues:

Whether the district court erred in finding section 18-1-1001, C.R.S. (2012), is ambiguous.

Whether the district court erred in finding that the trial court had jurisdiction to enforce the protection order.

Whether the district court erred by not applying the rule of lenity.


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 22, 2012

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