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Colorado Supreme Court Opinions || January 22, 2013

Colorado Supreme Court -- January 22, 2013
Announcement Sheet

OPINIONS


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


2013 CO 3


Supreme Court Case No. 11SA169
Garfield County District Court, Water Division 5
Case Nos. 06CW264 and 07CW225 (Consolidated)
and Case Nos. 05CW262 and 05CW263 (Consolidated)
Honorable Thomas W. Ossola, Judge

Case Nos. 06CW264 and 07CW225 (Consolidated)


Concerning the Application for Water Rights of: Ginn Battle South, LLC, Ginn Battle
North, LLC, Ginn-LA Battle One, LTD., LLLP, Ginn-LA Battle One A, LLC and Ginn
Development Company, LLC in Eagle County, Colorado
Concerning the Application for Water Rights of: Town of Minturn in Eagle, Grand and
Pitkin Counties, Colorado

Applicant-Appellee:
The Town of Minturn,
v.
Opposer-Appellant:
J. Tucker, Trustee,
and
Appellee Pursuant to CAR 1(e):
Water Division 5 Engineer. 

* * * * *

Case Nos. 05CW262 and 05CW263 (Consolidated)

Concerning the Application for Water Rights of the Town of Minturn in Eagle County,
Colorado

Applicant-Appellee:
The Town of Minturn,
v.

Opposer-Appellant:
J. Tucker, Trustee,

and

Appellee Pursuant to CAR 1(e):
Water Division 5 Engineer.


Judgment Affirmed
en banc

JUSTICE HOBBSdelivered the Opinion of the Court.

JUSTICE COATS dissents, andJUSTICE EID joins in the dissent.


 

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


2013 CO 4


Supreme Court Case No. 10SC65

Certiorari to the Colorado Court of Appeals
Colorado Court of Appeals Case No. 08CA2421


Petitioner:
Richard Bedor,
v.
Respondent:
Michael E. Johnson.


Judgment Reversed
en banc

JUSTICE RICEdelivered the Opinion of the Court. JUSTICE EIDdissents.

JUSTICE BOATRIGHTdissents.


 

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


2013 CO 5


Supreme Court Case No. 10SC762

Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 09CA162


Petitioner:
The Federal Deposit Insurance Corporation, in its Capacity as Receiver,

v.

Respondent:
Yale A. Fisher.


Judgment Reversed
en banc

JUSTICE RICE delivered the Opinion of the Court. JUSTICE EID concurs in the judgment only. JUSTICE COATS dissents.


 

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


2013 CO 6


Supreme Court Case No. 11SC529

Certiorari to the Colorado Court of Appeals
Colorado Court of Appeals Case No. 10CA2408


Petitioners:

L.A.N., a/k/a L.A.C., by and through her Guardian ad Litem;
and
The People of the State of Colorado,
In the Interest of Minor Child: L.A.N., a/k/a L.A.C.

v.
Respondent:
L.M.B.


Judgment Affirmed in Part and Reversed in Part
en banc

JUSTICE RICEdelivered the Opinion of the Court. JUSTICE COATS dissents.


 

 

PETITIONS FOR REHEARING
NONE


PETITIONS FOR WRIT OF CERTIORARI

No. 12SC102

Court of Appeals Case No. 08CA1884

Petitioner:

Anthony Edwin Marsh,

v.

Respondent:

The People of the State of Colorado.

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

Whether images automatically stored by a computer in its Internet cache are sufficient, without additional evidence of a defendant’s awareness of the cache or evidence of a defendant’s affirmative conduct such as downloading or saving such images, to establish “knowing possession” under section 18-6-403, C.R.S. (2012).

Whether the court of appeals erred when it held that the testimony of a child forensic interviewer was lay opinion testimony and therefore was not subject to the admissibility and discovery requirements for expert witnesses.

DENIED AS TO ALL OTHER ISSUES.



No. 12SC183

Court of Appeals Case No. 08CA675

Petitioner:

Matthew Gene Wartena,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC264

Court of Appeals Case No. 09CA1399

Petitioner:

Theresa Jennifer Padilla,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC516

Court of Appeals Case No. 08CA2632

Petitioner:

David Charles Wells,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.



No. 12SC647

Court of Appeals Case Nos. 11CA753 & 11CA754

Petitioner/Cross-Respondent:

Summit View Development, LLC,

and

Petitioner:

Larry S. Buckendorf,

v.

Respondent/Cross-Petitioner:

Summit View Subdivision Homeowners Association, Inc.

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


No. 12SC1023

Court of Appeals Case No. 12CA1121

Petitioner:

J.V.D.,

v.

Respondent:

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

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 || January 22, 2013

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