Search



Not a CBA Member? Join Now!
Find A Lawyer Directory
Find A Lawyer Directory
STRATUM
Find A Lawyer Directory
Know Your Judge


Colorado Supreme Court Opinions || November 19, 2012

Colorado Supreme Court -- November 19, 2012
Announcement Sheet

OPINIONS

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


2012 CO 65


Supreme Court Case No. 10SC27

Certiorari to the Colorado Court of Appeals



Court of Appeals Case No. 07CA896

Petitioner:
Shane Aaron Neuhaus,
v.
Respondent:
The People of the State of Colorado.


Judgment Affirmed
en banc

JUSTICE RICEdelivered the Opinion of the Court.


 


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


2012 CO 66


Supreme Court Case No. 10SC433

Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 08CA1008


Petitioner:
The People of the State of Colorado,
v.
Respondent:
James T. Hoffman.


Judgment Reversed
en banc

JUSTICE RICEdelivered the Opinion of the Court.



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


2012 CO 67


Supreme Court Case No. 10SC476

Certiorari to the District Court
District Court, City and County of Denver, Case No. 09CV10377


Petitioner:
Juan Escobedo,
v.
Respondent:
The People of the State of Colorado.


Judgment Affirmed
en banc

JUSTICE RICEdelivered the Opinion of the Court. JUSTICE COATS does not participate.


PETITIONS FOR REHEARING
NONE



PETITIONS FOR WRIT OF CERTIORARI

No. 11SC944

Court of Appeals Case No. 09CA640

Petitioner:

Marion Jetton,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC2

Court of Appeals Case No. 06CA1877

Petitioner:

Johnny Arelious Fuller,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC77

Court of Appeals Case No. 09CA1628

Petitioner:

Denny James Martinez,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.

CHIEF JUSTICE BENDER would grant as to the following issues:

Whether the court of appeals correctly determined that petitioner’s right to have his theory of the case considered by the jury was satisfied where the trial court precluded the jury from considering his theory of the case but allowed defense counsel to argue it to the jury and submitted a jury instruction concerning the theory.

Whether the trial court committed reversible error by issuing a “hard transition” instruction, which instructed the jury that it could not consider the lesser offense of accessory after the fact until the jury had unanimously acquitted petitioner of first-degree assault.”


No. 12SC134

Court of Appeals Case No. 10CA1665

Petitioners:

Bradley Reigel, Brent A. Reigel, and Janis M. Reigel,

v.

Respondents:

SavaSeniorCare LLC, a Delaware limited liability company; SavaSeniorCare Administrative Services, LLC, a Delaware limited liability company; and SSC Thornton Operating Company, LLC, a Delaware limited liability company, d/b/a Alpine Living Center.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC135

Court of Appeals Case No. 10CA2231

Petitioner:

Landmark Development Company, LLC,

v.

Respondent:

First National Bank of the Rockies.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC263

Court of Appeals Case No. 09CA136

Petitioner:

Yvonne Marie Gothard,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC273

Arapahoe County District Court Case No. 11CV340

Petitioner:

Joseph Allen,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC281

Court of Appeals Case No. 10CA2617

Petitioner/Cross-Respondent:

The Penrose-St. Francis Healthcare System, d/b/a Penrose-St. Francis Health Services,

v.

Respondent/Cross-Petitioner:

Jimmie R. Crow, M.D.

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


No. 12SC326

Adams County District Court Case No. 11CV1251

Petitioner:

Gerald P. Nunez,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC382

Court of Appeals Case No. 11CA1495

Petitioners:

Ivar W. Larson and Donna M. Larson,

v.

Respondent:

Town of Johnstown, Colorado, a Colorado Home Rule Municipality.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC384

Montrose County District Court Case No. 12CV54

Petitioner:

Jose De Jesus Munoz Franco,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC401

Court of Appeals Case No. 11CA930

Petitioner:

Judicial Watch, Inc.,

v.

Respondents:

John Gleason, in his official capacity as Supreme Court Attorney Regulation Counsel, and the Office of Attorney Regulation Counsel.

Petition for Writ of Certiorari DENIED. EN BANC.

JUSTICE MÁRQUEZ and JUSTICE BOATRIGHT would grant as to the following issue:

Whether the Judiciary is not part of the State for purposes of the Colorado Open Records Act and, therefore, is not subject to statute.


No. 12SC404

Court of Appeals Case No. 11CA727

Petitioner:

Lynn Atkinson,

v.

Respondent:

Kristine Rost, as Mother and Next Friend of Nastasja Rost.

Petition for Writ of Certiorari DENIED. EN BANC.\

JUSTICE EID would grant as to the following issue:

Whether a plaintiff may accept a statutory offer of settlement after final judgment has already entered in favor of the defendant.


No. 12SC481

Court of Appeals Case No. 11CA823

Petitioner:

Maria Wilcox,

v.

Respondent:

Luis Silva.

Petition for Writ of Certiorari DENIED. EN BANC

CHIEF JUSTICE BENDER and JUSTICE RICE would grant as to the following issue:

Whether the court of appeals erred in holding that evidence presented, arguments made, and jury instructions regarding causation should not have been allowed during the damages trial.


No. 12SC534

Court of Appeals Case No. 11CA1657

Petitioner:

Goodman Associates, LLC,

v.

Respondents:

Winter Quarters, LLC and Capital West National Bank, a/k/a First National Bank of Wyoming.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC827

Court of Appeals Case No. 12CA772

Petitioner:

E.L.,

v.

Respondent:

The People of the State of Colorado,

In the Interest of Minor Children, A.L. and M.F.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC829

Court of Appeals Case No. 12CA976

Petitioner:

A.M.,

v.

Respondent:

The People of the State of Colorado,
In the Interest of Minor Child, D.M.

Petition for Writ of Certiorari DENIED. EN BANC. JUSTICE COATS would grant as to the following issue:

Whether the trial court committed reversible error in determining that clear and convincing evidence supported termination of Mother's parental rights, and the district court erred in finding that the record supports the trial court's finding that clear and convincing evidence supports termination of Mother's rights.


No. 12SC835

Court of Appeals Case No. 12CA649

Petitioner:

The People of the State of Colorado, In the Interest of Minor Child, O.C. and Concerning:

Intervenors:

C.M. and C.M.

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

Summary of Issue:

Whether the court of appeals erred in concluding that relatives may intervene as a matter of right any time following adjudication, even when they have not had a child in their care at least three months prior to intervention under C.R.S. section 19-3-507(5)(a).


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 19, 2012

Back