Colorado Supreme Court Opinions || November 5, 2012
Colorado Supreme Court -- November 5, 2012
Announcement Sheet
Supreme Court of the State of Colorado
101 West Colfax Avenue, Suite 800 • Denver, Colorado 80202
2012 CO 63
Supreme Court Case No. 10SC424
Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 07CA902
Petitioner:
Abraham Hagos,
v.
Respondent:
The People of the State of Colorado.
Judgment Affirmed
en banc
JUSTICE RICEdelivered the Opinion of the Court. JUSTICE EIDconcurs in the judgment.
JUSTICE COATSdoes not participate.
Supreme Court of the State of Colorado
101 West Colfax Avenue, Suite 800 • Denver, Colorado 80202
2012 CO 64
Supreme Court Case No. 09SC846
Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 08CA713
Petitioner:
Henrietta Villarreal,
v.
Respondent:
The People of the State of Colorado.
Judgment Affirmed
en banc
JUSTICE RICEdelivered the Opinion of the Court.
JUSTICE EIDconcurs in the judgment, and JUSTICE COATS joins in the concurrence.
PETITIONS FOR REHEARING
Supreme Court of the State of Colorado
101 West Colfax Avenue, Suite 800 • Denver, Colorado 80202
2012 CO 60M
Supreme Court Case No. 10SC617
Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 07CA2255
Petitioner:
The People of the State of Colorado,
v.
Respondent:
Charles Anthony Gross.
Opinion modified, and as modified, Petition for Rehearing DENIED. EN BANC.
PETITIONS FOR WRIT OF CERTIORARI
No. 11SC554
Court of Appeals Case No. 09CA1073
Petitioner:
Douglas E. Wilson,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issue:
Whether, pursuant to Indiana v. Edwards, 554 U.S. 164 (2008), this court should adopt a standard of competency for pro se representation different than that established in Dusky v. United States,362 U.S. 402 (1960).
DENIED AS TO ALL OTHER ISSUES.
No. 11SC709
Court of Appeals Case No. 09CA2699
Petitioner:
Oloyea D. Wallin,
v.
Respondents:
Janene McCabe and Sean McDermott.
Petition for Writ of Certiorari DENIED. EN BANC. CHIEF JUSTICE BENDER does not participate.
JUSTICE MÁRQUEZ would grant as to the following issue:
Whether the Colorado Court of Appeals erred in holding that the defendants-appellees of the county public defender office were state actors for protection of governmental immunity under the Colorado Governmental Immunity Act.
No. 11SC819
Court of Appeals Case No. 09CA242
Petitioner:
Jennifer Diane Harris,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issue:
Whether, pursuant to Indiana v. Edwards, 554 U.S. 164 (2008), this court should adopt a standard of competency for pro se representation different than that established in Dusky v. United States,362 U.S. 402 (1960).
DENIED AS TO ALL OTHER ISSUES.
No. 11SC868
Court of Appeals Case No. 10CA742
Petitioner:
William Beaty,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issues:
Whether, pursuant to Indiana v. Edwards, 554 U.S. 164 (2008), this court should adopt a standard of competency for pro se representation different than that established in Dusky v. United States,362 U.S. 402 (1960).
Whether the trial court also failed to substantially comply with this court’s ruling in People v. Arguello,772 P.2d 87 (Colo. 1989), where the petitioner evidenced significant mental illness, a lack of understanding of the nature of his defenses (including possible affirmative defenses) and a lack of understanding of the significance of instructions on defenses/affirmative defenses.
DENIED AS TO ALL OTHER ISSUES.
No. 12SC112
Court of Appeals Case No. 10CA2044
Petitioner:
James Ciric,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC180
Court of Appeals Case No. 11CA312
Petitioner:
Colorado Special Districts Property and Liability Pool, v.
Respondents:
William S. Lyons, III; and William S. Lyons, Jr.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC227
Court of Appeals Case No. 09CA2357
Petitioner:
Tony Marcell Singleton,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC229
Court of Appeals Case No. 08CA1226
Petitioner:
Willie Leon McCoy,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC236
Court of Appeals Case No. 07CA1955
Petitioner/Cross-Respondent:
The People of the State of Colorado,
v.
Respondent/Cross-Petitioner:
Rashaim Malique Davis.
Petition and Cross-Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issues:
Whether, pursuant to Indiana v. Edwards, 554 U.S. 164 (2008), this court should adopt a standard of competency for pro se representation different than that established in Dusky v. United States,362 U.S. 402 (1960).
Whether the defendant has a fundamental and personal constitutional right to seek to withdraw his guilty plea.
Where the prosecution relied on the same quantum of drugs to support two convictions for distribution and possession, do double jeopardy and merger principles require that the possession conviction be vacated.
DENIED AS TO ALL OTHER ISSUES.
No. 12SC260
Court of Appeals Case No. 11CA735
Petitioner:
Christopher Malone,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC262
Court of Appeals Case No. 08CA1178
Petitioner:
The People of the State of Colorado,
v.
Respondent:
Corey Dean Wagner.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC265
Court of Appeals Case No. 11CA770
Petitioner:
James Colombo,
v.
Respondents:
Colorado Department of Revenue and J. Bachlet, a hearing officer thereof.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC276
Court of Appeals Case No. 09CA1949
Petitioner:
Dallas Jeffrey Finney,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issue:
Whether the plain language of section 16-11-206(2), C.R.S. 2012, and the requirements of Crim. P. 11(b) require a court to advise a defendant of the possible penalties he faces upon a guilty plea to a revocation complaint.
DENIED AS TO ALL OTHER ISSUES.
No. 12SC278
Court of Appeals Case No. 11CA830
Petitioner:
Exempla, Inc., d/b/a/ Exempla Lutheran Medical Center,
v.
Respondent:
Estate of Salvadore Guido.
Petition for Writ of Certiorari DENIED. EN BANC. JUSTICE EID does not participate.
No. 12SC283
Court of Appeals Case No. 10CA383
Petitioner:
Todd G. Vecellio,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC285
Court of Appeals Case No. 09CA185
Petitioner:
Eric Brandon Taylor,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC330
Court of Appeals Case No. 10CA2530
Petitioner:
P.W.,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC332
Court of Appeals Case No. 10CA2600
Petitioner:
Alejandro Hernandez-Torres,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC365
Court of Appeals Case No. 11CA889
Petitioners:
Richard Fay and Marilyn Fay,
v.
Respondents:
City Council, City of Victor, Colorado; City of Victor, Colorado; Tami Mundy; Chris Mundy; and Christopher Lee Downs.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC402
Court of Appeals Case No. 10CA2623
Petitioner:
Dervin Leru Taylor,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC446
Court of Appeals Case No. 11CA368
Petitioners:
Heidi Oster, individually and as a member of Horizon Women’s Care Professional, LLC;
and Horizon Women’s Care Professional, LLC, a Colorado limited liability company,
v.
Respondent:
Judy Baack.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC453
Court of Appeals Case No. 09CA1795
Petitioner:
Robert Keith Hutton,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC460
Court of Appeals Case No. 11CA811
Petitioner:
Sammie Denson,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC464
Court of Appeals Case No. 10CA2614
Petitioner:
Felix Dino Trujillo,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC466
Court of Appeals Case No. 10CA385
Petitioner:
Blake Wayne Burnett,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC468
Court of Appeals Case No. 09CA958
Petitioner:
Lacie Dawn Nelson,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC470
Court of Appeals Case No. 11CA178
Petitioner:
Gabriel Guzman-Torres,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC471
Court of Appeals Case No. 09CA2248
Petitioner:
Adam Jason Booker,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC472
Court of Appeals Case No. 11CA1445
Petitioner:
Kirk Hurd,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC473
Court of Appeals Case No. 11CA407
Petitioner:
David Howard Isberg,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC. JUSTICE MÁRQUEZ does not participate.
No. 12SC475
Court of Appeals Case No. 08CA1328
Petitioner:
Kevin Todd Tanner,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC477
Court of Appeals Case No. 06CA1761
Petitioner:
Curtis Gordon Adams,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC478
Court of Appeals Case No. 06CA1762
Petitioner:
Curtis Gordon Adams,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC483
Court of Appeals Case No. 09CA2353
Petitioner:
Silvanna Guerra,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC484
Court of Appeals Case No. 10CA836
Petitioner:
Edgar Linton Tucker,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC486
Court of Appeals Case No. 09CA2684
Petitioner:
Theresa Ann Rohan,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC487
Court of Appeals Case No. 09CA2582
Petitioner:
Armando Valle-Santana,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC489
Court of Appeals Case No. 12CA82
In re the Marriage of:
Petitioner:
Larysa P. Slabeika, and
Respondent:
Siarhei Slabeika.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC491
Court of Appeals Case No. 11CA1557
Petitioner:
Dominick Joseph Romero,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC492
Court of Appeals Case No. 10CA1730
Petitioner:
Robert Darus Black,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC495
Court of Appeals Case No. 09CA1584
Petitioner:
Jesus M. Dominguez,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC508
Court of Appeals Case No. 11CA278
In re the Marriage of:
Petitioner:
Dana Rochee Davis,
and
Respondent:
Mark Jerome Boykins,
and concerning Minor Child, J.E.D.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC514
Court of Appeals Case No. 11CA1905
Petitioner:
Lawrence Kubacki,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC519
Court of Appeals Case No. 11CA299
Petitioner:
Michael William Hunter,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC734
Court of Appeals Case No. 11CA1585
Petitioner:
T.R.G.,
v.
Respondent:
The People of the State of Colorado, In the Interest of Minor Child, S.R.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 || November 5, 2012
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