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Colorado Supreme Court Opinions || March 18, 2013

Colorado Supreme Court -- March 18, 2013
Announcement Sheet

OPINIONS

NONE


PETITIONS FOR REHEARING

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.

Petition for Rehearing DENIED. EN BANC.


 

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


2013 CO 16M


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.


Opinion modified, and as modified, Petition for Rehearing DENIED. EN BANC.

 

 


PETITIONS FOR WRIT OF CERTIORARI

No. 12SC130

Court of Appeals Case No. 08CA2360

Petitioner:

Kenny Dion Chase,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC307

Court of Appeals Case No. 10CA2430

Petitioner:

Clifford James Baldwin,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC362

Court of Appeals Case No. 10CA1382

Petitioner:

Daniel M. Chavez,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC567

Court of Appeals Case No. 11CA1891

Petitioners:

Montrose County School District RE-1J and Board of Education of Montrose County School District RE-1J,

v.

Respondent:

Toni Anders.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC576

Court of Appeals Case No. 09CA2554

Petitioner:

Steve Brown,

v.

Respondent:

Jefferson County School District No. R-1.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC579

Court of Appeals Case No. 11CA1259

Petitioners:

Patrick Youngs and Chris Forsyth,

v.

Respondents:

White Moving & Storage, Inc.; Pinnacol Assurance; and Industrial Claim Appeals Office of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC634

Court of Appeals Case No. 10CA475

Petitioner:

Larry Sims, Jr.,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC665

Court of Appeals Case No. 11CA1331

Petitioners:

Christ Cavaleri and Magdalena Cavaleri,

v.

Respondents:

Aaron Anderson and Heidi Anderson.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC690

Court of Appeals Case No. 11CA1136

Petitioners:

Brandon McLaughlin, Michael McLaughlin, and Selena McLaughlin,

v.

Respondents:

Christopher Oxley, Ricardo Sison, and Ability Specialists, Inc.

Petition for Writ of Certiorari DENIED. EN BANC. JUSTICE COATS would grant as to the following issue:

Whether the court of appeals erred when it reversed the district court’s denial of summary judgment after the court applied C.R.S. section 13-21-117.5.


No. 12SC710

Douglas County District Court Case No. 11CV2067

Petitioner:

Robert Harney,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC737

Court of Appeals Case No. 11CA1868

Petitioners:

City of Brighton and CIRSA, v.

Respondent:

Helen M. Rodriquez.

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

Whether the court of appeals erred in finding that a fall that occurred during the course of an employee’s employment, but whose exact cause/mechanism was unknown, satisfies the "arising out of" employment requirement of section 8-41-301(1)(c), C.R.S. (2012), and is compensable under the Workers’ Compensation Act.

Whether the court of appeals erred in finding that an employer, who initially admitted liability for the injuries of its employee, did not meet its burden under section 8-43-201(1), C.R.S. (2012), because it failed to prove that the employee’s injuries did not arise out of the employee’s employment.

DENIED AS TO ALL OTHER ISSUES.


No. 12SC803

Court of Appeals Case No. 09CA572

Petitioner:

Joe Anthony Martinez,

v.

Respondent:

The People of the State of Colorado.

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

Whether the trial court committed reversible, constitutional error by giving the jury a legally erroneous instruction on the time interval for deliberation, thereby lessening the prosecution’s burden of proving deliberation necessary for first-degree murder.

Whether the evidence was insufficient to support the first-degree murder conviction. DENIED AS TO ALL OTHER ISSUES.


No. 12SC904

Court of Appeals Case No. 10CA2045

Petitioner/Cross-Respondent:

The People of the State of Colorado,

v.

Respondent/Cross-Petitioner:

Tyrone M. Williams.

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


No. 13SC96

Court of Appeals Case No. 12CA1437

Petitioner:

K.B.,

v.

Respondent:

The People of the State of Colorado, In the Interest of Minor Child: C.B.

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 || March 18, 2013

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