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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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