Colorado Supreme Court -- February 4, 2013
Announcement Sheet

OPINIONS

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

2013 CO 7

Supreme Court Case No. 11SC496

Certiorari to the Court of Appeals
Colorado Court of Appeals Case No. 10CA93

Petitioners:

Charles Reed Cagle; Joseph D. Kinlaw; Heartland Energy of Colorado, LLC; Steve
Ziemke; Brandon Davis; John Schiffner; Joel Held; Martin Harper; HEI Resources, Inc.,
f/k/a Heartland Energy, Inc.; Heartland Energy Development Corp.; Reed Petroleum,
LLC; D. Deerman Ltd.; and R&J Associates, Inc.;

v.
Respondents:

Mathers Family Trust, William H. Mathers, Myra M. Mathers, Thomas E. Carpenter
Trust, Margaret M. Carpenter Trust, Robert Hall, and Gianpaolo Callioni.

Judgment Reversed
en banc

CHIEF JUSTICE BENDER delivered the Opinion of the Court.

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

2013 CO 8

Supreme Court Case No. 12SA83

Original Proceeding Pursuant to C.A.R. 21
Pueblo County District Court Case No. 11CV493
Honorable Victor I. Reyes, Judge

In Re:
Plaintiff:

Emily Liebnow, a minor, by and through her next best friends and natural parents,
Randy Liebnow and Suzanne Liebnow,

v.
Defendants:

Boston Enterprises Incorporated, a Colorado corporation, d/b/a Giacomo’s; U.S.
Foodservice, a foreign corporation; Tanimura & Antle Fresh Foods, Inc., a California
corporation; Tanimura & Antle Farming Company LLC, a Delaware limited liability
company; and Tanimura & Antle Land Company, a California limited liability
company.

Rule Discharged
en banc

CHIEF JUSTICE BENDER delivered the Opinion of the Court. JUSTICE EID dissents, and JUSTICE HOBBS joins in the dissent.

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

2013 CO 9

Supreme Court Case No. 11SC536

Certiorari to the District Court
Gilpin County District Court Case No. 11CV17
Honorable Jack W. Berryhill, Judge

Petitioners:
Jamie Webb, Jeffrey Hermanson, and Michaleen Jeronimus,
v.
Respondent:
City of Black Hawk.

Judgment Reversed
en banc

JUSTICE HOBBS delivered the Opinion of the Court.

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

2013 CO 10

Supreme Court Case No. 10SC709

Certiorari to the Colorado Court of Appeals
Colorado Court of Appeals Case No. 09CA2184

Petitioner:
Donald A. Yale,
v.
Respondent:
AC Excavating, Inc., a Colorado corporation.

Judgment Reversed
en banc

JUSTICE MÁRQUEZ delivered the Opinion of the Court.

PETITIONS FOR REHEARING
NONE

PETITIONS FOR WRIT OF CERTIORARI

No.12SC143

Court of Appeals Case No. 08CA1565

Petitioner:

Victor Mosley

v.

Respondent:

The People of the State of Colorado.

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

Summary of Issues:

Whether the exclusions contained in section 18-1-405(6), C.R.S. (2012) apply to speedy trial calculations following reversal of a defendant’s conviction under section 18-1-405(2), C.R.S. (2012).

Whether, following reversal of the defendant’s conviction by the court of appeals, the prosecution acted with the due diligence necessary to warrant a continuance of the defendant’s retrial.

No. 12SC520

Court of Appeals Case No. 10CA1930

In re the Marriage of:

Petitioner:

Nancy Nowell, and

Respondent: Bevin Hartnett.

Petition for Writ of Certiorari DENIED. EN BANC.

No. 12SC555

Court of Appeals Case Nos. 11CA744 and 11CA2317

Petitioner:

Pappas-Alstad Partnership, a Colorado Partnership,

v.

Respondents:

Zeke Coffee, Inc., a Colorado corporation and Darren Spreeuw.

Petition for Writ of Certiorari DENIED. EN BANC.

No. 12SC626

Consolidation of Court of Appeals Case Nos. 10CA1625 & 10CA2514

Petitioner:

GuideOne Mutual Insurance Company,

v.

Respondent:

Patricia Davis.

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

JUSTICE COATS would grant as to the following issues:

Whether the court of appeals erred in ruling that petitioner's motion for new trial failed to preserve for appeal the legal error committed by the trial court in allowing the jury to consider as bad faith the reasonableness of petitioner’s legal interpretation of the No-Fault Act.

Whether the trial court erred when it submitted to the jury as a factual matter the reasonableness of petitioner’s legal interpretation of the No-Fault Act, rather than determining the issue as a matter of law.

No. 12SC648

Court of Appeals Case No. 11CA894

Petitioner:

Chipotle Mexican Grill, Inc.,

v.

Respondent:

Viviano Garcia.

Petition for Writ of Certiorari GRANTED. EN BANC.

No. 12SC670

Court of Appeals Case No. 09CA399

Petitioner:

Dallas Moore,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.

No. 12SC686

Jefferson County District Court Case No. 12CV27

Petitioner:

Matthew F. Fehling,

v.

Respondent:

City of Lakewood, State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.

No. 12SC977

Court of Appeals Case No. 12CA829

Petitioner:

M.V.,

v.

Respondent:

The People of the State of Colorado,

In the Interest of Minor Children: A.V. and J.V.

Petition for Writ of Certiorari DENIED. EN BANC.

No. 13SC30

Court of Appeals Case No. 12CA1198

Petitioner:

S.M.,

v.

Respondent:

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

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

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 || February 4, 2013

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