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
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
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
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
Supreme Court Case No. 11SC529
Certiorari to the Colorado Court of Appeals
Colorado Court of Appeals Case No. 10CA2408
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.
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.
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.
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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