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Colorado Supreme Court Opinions || February 25, 2013

Colorado Supreme Court -- February 25, 2013
Announcement Sheet

OPINIONS

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


2013 CO 14


Supreme Court Case No. 10SC853
Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 09CA2179

Petitioner:
Mountain States Mutual Casualty Company,
v.
Respondents:
Christopher Roinestad and Gerald Fitz-Gerald,
and
Tim Kirkpatrick, d/b/a Hog’s Breath Saloon & Restaurant.


Judgment Reversed
en banc

JUSTICE EID delivered the Opinion of the Court.

 

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


2013 CO 15


Supreme Court Case No. 12SA123
Interlocutory Appeal from the District Court
Larimer County District Court Case No. 11CR1139
Honorable Stephen J. Schapanski, Judge


Plaintiff-Appellant:
The People of the State of Colorado,
v.
Defendant-Appellee:
Stephanie Theander.


Judgment Reversed
en banc

JUSTICE EID delivered the Opinion of the Court.

CHIEF JUSTICE BENDER dissents, and JUSTICE HOBBS and JUSTICE RICE join in the dissent.

 

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


2013 CO 16


Supreme Court Case No. 11SC53
Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 10CA522


Petitioners/Cross-Respondents:
A.M., by and through his Guardian ad Litem; and L.H. and R.H.;
v.
Respondent:
A.C.,
and
Respondent/Cross-Respondent:
The People of the State of Colorado,
In the Interest of Minor Child: A.M.,
v.
Respondent/Cross-Petitioner:
N.M.


Judgment Affirmed in Part and Reversed in Part
en banc

JUSTICE BOATRIGHT delivered the Opinion of the Court.

 

 

PETITIONS FOR REHEARING
NONE


PETITIONS FOR WRIT OF CERTIORARI

No. 12SC299

Adams County District Court Case No. 11CV1350

Petitioner:

Peter Gregory Cain,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issue:

Whether section 42-4-1301(6)(i)(III), C.R.S. (2012), prohibits, for impeachment purposes, admission of Preliminary Breath Test evidence indicating the positive presence of alcohol.

DENIED AS TO ALL OTHER ISSUES.


 

No.12SC351

Court of Appeals Case No. 11CA1046

Petitioner:

TCD, Inc.,

v.

Respondent:

American Family Mutual Insurance Company.

Petition for Writ of Certiorari DENIED. EN BANC.


 

No. 12SC420

Court of Appeals Case No. 10CA1640

Petitioner:

L.C. Williams,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


 

No. 12SC441

Court of Appeals Case No. 09CA1453

Petitioner:

Mary Elaine Bradford,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


 

No. 12SC454

Court of Appeals Case No. 09CA616

Petitioner:

Saul Deras-Valdez,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


 

No. 12SC459

Court of Appeals Case No. 05CA1922

Petitioner:

Jaime Orlando Garcia,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


 

No. 12SC526

Court of Appeals Case No. 09CA781

Petitioner:

Craig Arthur Douglas, Jr.,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


 

No. 12SC543

Court of Appeals Case No. 11CA1594

Petitioners:

Erin A. Young, individually and on behalf of and as next friend of C.Y.; and C.Y., a minor, through his parent Erin A Young,

v.

Respondent:

Brighton School District 27J.

Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issue:

Whether the court of appeals erred when it declined to address whether a walkway adjacent to a public school playground fell within the "public facility" waiver in section 24- 10-106(1)(e) of the Colorado Government Immunity Act and instead concluded that immunity existed under the "public walkway" provision in section 24-10-106(1)(d)(III).

DENIED AS TO ALL OTHER ISSUES.


 

No. 12SC602

Court of Appeals Case No. 11CA166

Petitioner:

The People of the State of Colorado,

v.

Respondent:

Troy Dion Melons.

Petition for Writ of Certiorari DENIED. EN BANC.


 

No. 12SC631

Court of Appeals Case No. 11CA1019

Petitioners:

St. Vrain Valley School District RE-1J and Cathy O'Donnell,

v.

Respondents:

Alexa Loveland, a minor, by and through her parents and next friends, Randy Loveland and Mary Nicole Loveland; Randy Loveland, Individually; and Mary Nicole Loveland, Individually.

Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issue:

Whether the court of appeals erred in concluding that a "zip line" apparatus on a public school playground is a "public facility located in any park or recreation area maintained by a public entity" under section 24-10-106(1)(e), C.R.S. (2012) of the Colorado Government Immunity Act.

DENIED AS TO ALL OTHER ISSUES.


 

No. 12SC664

Court of Appeals Case No. 11CA696

Petitioner:

The Lodge at Mountain Village Owners Association, Inc.,

v.

Respondent:

Destination Telluride Hotel, LLC.

Petition for Writ of Certiorari DENIED. EN BANC.


 

No. 12SC693

Court of Appeals Case No. 11CA598

In re the Marriage of:

Petitioner:

Luz Maria S. Jimenez, and

Respondent:

Francisco X. De Leon.

Petition for Writ of Certiorari DENIED. EN BANC.


 

No. 12SC755

Court of Appeals Case No. 12CA1628

Petitioner:

Colorado Mining Association,

v.

Respondents:

Christopher E. Urbina, in his capacity as Executive Director of the Department of Public Health and Environment for the State of Colorado; Colorado Department of Public Health and Environment; Colorado Air Quality Control Commission; and Air Pollution Control Division, an agency of the State of Colorado.

Petition for Writ of Certiorari Pursuant to C.A.R. 50 DENIED. EN BANC.


 

No. 12SC760

Court of Appeals Case No. 11CA1646

Petitioner:

John Chris Long,

v.

Respondent:

Colorado Department of Revenue, Motor Vehicle Division.

Petition for Writ of Certiorari DENIED. EN BANC.


 

No. 12SC766

Weld County District Court Case No. 12CV184

Petitioner:

Sean Stoos,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


 

No. 12SC775

Court of Appeals Case No. 11CA2146

Petitioners:

V. Mark Thomas and Marclyn K. Thomas,

v.

Respondent:

Big Timbers Land, Inc.

Petition for Writ of Certiorari DENIED. EN BANC.


 

No. 12SC776

Court of Appeals Case No. 11CA2145

Petitioners:

Todd E. Thomas and Sherri L. Thomas,

v.

Respondent:

Emick Farms, Inc.

Petition for Writ of Certiorari DENIED. EN BANC.


 

No. 12SC777

Court of Appeals Case No. 11CA2147

Petitioners:

V. Marc Thomas and Marclyn K. Thomas,

v.

Respondent:

Verda Vista, Inc.

Petition for Writ of Certiorari DENIED. EN BANC.


 

No. 12SC778

Court of Appeals Case No. 11CA2144

Petitioners:

Todd E. Thomas and Sherri L. Thomas,

v.

Respondent:

Rio Vista Investment, LLC.

Petition for Writ of Certiorari DENIED. EN BANC.


 

No. 12SC791

Court of Appeals Case No. 11CA2339

Petitioners:

Hertz Corporation, and Reliance Insurance Company/Colorado Insurance Guaranty Association, through Western Guaranty Fund Services,

v.

Respondents:

Industrial Claim Appeals Office and Robert G. Rodriguez.

Petition for Writ of Certiorari DENIED. EN BANC.


 

No. 13SC45

Court of Appeals Case No. 12CA1503

Petitioner:

The People of the State of Colorado, In the Interest of Minor Child: A.H. v.

Respondent:

L.H.

Petition for Writ of Certiorari DENIED. EN BANC.

JUSTICE MÁRQUEZ 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 25, 2013

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