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Colorado Supreme Court Opinions || December 20, 2012

Colorado Supreme Court -- December 20, 2012
Announcement Sheet

OPINIONS

Supreme Court of the State of Colorado
2 East 14thAvenue • Denver, Colorado 80203


2012 CO 68M


Supreme Court Case No. 10SC403
Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 09CA1383


Petitioners:

General Steel Domestic Sales, LLC, d/b/a General Steel Corporation; Discount Steel
Buildings, LLC; Jeffrey Wayne Knight; and Nathan Wright,

v.
Respondent:
Harold Irving Bacheller, III.


Opinion modified, sua sponte. EN BANC.

 


 

Supreme Court of the State of Colorado
2 East 14thAvenue • Denver, Colorado 80203


2012 CO 73


Supreme Court Case No. 11SC264

Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 09CA2640


Petitioner:
Yanick Kazadi,
v.
Respondent:
The People of the State of Colorado.

Judgment Affirmed
en banc


JUSTICE HOBBSdelivered the Opinion of the Court. CHIEF JUSTICE BENDER dissents.


 

 

Supreme Court of the State of Colorado
2 East 14th Avenue • Denver, Colorado 80203


2012 CO 74


Supreme Court Case No. 12SA199

Original Proceeding Pursuant to C.A.R. 21
Boulder County District Court Case No. 10CV517
The Honorable James C. Klein, Judge


In Re:
Plaintiffs:

Stacy Warden and Chris Warden individually and as natural parents, guardians and
legal representatives of Noah Warden, a minor child,

v.
Defendants:

Exempla, Inc., d/b/a Exempla Healthcare; Exempla Good Samaritan Medical Center,
L.L.C.; Camille S. Calderwood, M.D.; Jennifer Dillon, R.N.; and Jessica Jenks, R.N.


Rule Made Absolute
en banc


JUSTICE RICE delivered the Opinion of the Court.
JUSTICE EIDand JUSTICE BOATRIGHTdo not participate.


 

Supreme Court of the State of Colorado
2 East 14thAvenue • Denver, Colorado 80203


2012 CO 75


Supreme Court Case No. 11SC382

Certiorari to the District Court


Arapahoe County District Court Case No. 09CV2334


Petitioner:
Walter James Tate,
v.
Respondent:
The People of the State of Colorado.


Judgment Affirmed
en banc


JUSTICE COATSdelivered the Opinion of the Court.

 


PETITIONS FOR REHEARING
NONE


PETITIONS FOR WRIT OF CERTIORARI

No. 12SC552

Court of Appeals Case No. 10CA1970

Petitioner:

Leonard Baker,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC557

Court of Appeals Case No. 11CA450

Petitioner:

Juan Velasquez,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC558

Court of Appeals Case No. 11CA796

Petitioner:

Jacob Lahr,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.



No. 12SC559

Court of Appeals Case No. 10CA1133

Petitioner:

Janell Johnson-Carolina,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC560

Court of Appeals Case No. 10CA1927

Petitioner:

Ruth Ann Enz,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC565

Arapahoe County District Court Case No. 11CV1683

Petitioner:

Theodore Mullins, Jr.,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.



No. 12SC566

Court of Appeals Case No. 10CA315

Petitioner:

Raymond Michael Cook,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC569

Court of Appeals Case No. 10CA2458

Petitioner:

Joseph Cardillo,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC572

Court of Appeals Case No. 10CA1217

Petitioner:

Robert Joel Palos,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC. JUSTICE MÁRQUEZ does not participate.


No. 12SC577

Court of Appeals Case No. 11CA499

Petitioner:

Joseph A. Ellsworth,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC. JUSTICE COATS does not participate.


No. 12SC583

Court of Appeals Case No. 11CA1632

Petitioner:

Sunshine Gardens, LLC, a Colorado limited liability company,

v.

Respondents:

Fredrick Zink & Associates, P.C., a Colorado professional corporation, and Sidny K. Zink.

Petition for Writ of Certiorari DENIED. EN BANC.

JUSTICE BOATRIGHT would grant as to the following issue:

Whether the test to distinguish a breach of contract claim as a separately cognizable cause of action from professional negligence requiring a certificate of review under C.R.S. section 13-20-602 is whether the contract claim is based on a specific term in the parties’ contract which calls for the performance of a specific act for which the parties have bargained.



No. 12SC584

Court of Appeals Case No. 10CA567

Petitioner:

Christopher James Henderson,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC589

Weld County District Court Case No. 11CV1080

Petitioner:

David Riley,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC590

Court of Appeals Case No. 10CA1185

Petitioner:

Malachi Johnson,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.



No. 12SC593

Court of Appeals Case No. 11CA834

Petitioner:

Daniel Lucky Denny,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC596

Court of Appeals Case No. 10CA2502

Petitioner:

Nadine Montoya,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC599

Court of Appeals Case No. 11CA110

Petitioner:

Adrian Devon Morrison,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.



No. 12SC600

Court of Appeals Case No. 09CA877

Petitioner:

Jimmie Darryl Halsey,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC603

Court of Appeals Case No. 11CA1855

In re the Marriage of:

Petitioner:

Elizabeth Wojdacz, and

Respondent:

Gary Norman.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC609

Court of Appeals Case No. 10CA2339

Petitioner:

Billie Don Williams,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.



No. 12SC617

Court of Appeals Case No. 09CA2580

Petitioner:

Blanch Cleveland Hodge,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC622

Court of Appeals Case No. 08CA1326

Petitioner:

Kevin Hill,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC624

Court of Appeals Case No. 10CA2132

Petitioner:

Raul Hurtado Marquez,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.



No. 12SC625

Court of Appeals Case No. 10CA2133

Petitioner:

Raul Hurtado Marquez,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC638

Court of Appeals Case No. 09CA354

Petitioner:

Dean Carbajal,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC644

Court of Appeals Case No. 08CA2023

Petitioner:

Stephanie Ann Deverick,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.



No. 12SC649

Court of Appeals Case No. 09CA2781

Petitioner:

Devon Dewayne Camack,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC650

Court of Appeals Case No. 10CA1644

Petitioner:

Alexander Mathis,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.



No. 12SC881

Court of Appeals Case No. 12CA737

Petitioner:

The People of the State of Colorado,

In the Interest of Minor Children, W.J.P. and A.M.P.,

v.

Respondent:

D.M.P.

Petition for Writ of Certiorari DENIED. EN BANC.

JUSTICE BOATRIGHT would grant as to the following issue:

Whether the Colorado Court of Appeals has rendered a decision in a manner contrary to existing Colorado law by reversing the trial court's order granting summary judgment to the department on the issue of adjudication in a dependency or neglect action brought pursuant to the Colorado Children's Code.


No. 12SC882

Court of Appeals Case No. 12CA1309

Petitioner:

R.L.,

v.

Respondent:

The People of the State of Colorado, In the Interest of A.L.

Petition for Writ of Certiorari DENIED. EN BANC.
 


No. 12SC907

Court of Appeals Case No. 12CA1397

Petitioner:

E.C.,

v.

Respondent:

The People of the State of Colorado, In the Interest of Minor Child, J.C.

Petition for Writ of Certiorari DENIED. EN BANC.

No. 12SC917

Court of Appeals Case No. 12CA861

Petitioner:

D.N.S.,

v.

Respondent:

The People of the State of Colorado,

In the Interest of Minor Children, T.G., K.G., and T.M.

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 || December 20, 2012

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