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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