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Colorado Supreme Court Opinions || April 29, 2013

Colorado Supreme Court -- April 29, 2013
Announcement Sheet

OPINIONS

NONE


PETITIONS FOR REHEARING

NONE


PETITIONS FOR WRIT OF CERTIORARI

No. 12SC449

Court of Appeals Case No. 10CA2076

Petitioner:

Gary Lensky,

v.

Respondents:

Gery DiDomenico, Carol McDonald, Charles B. Choin, Judith P. Choin, William R. Trujillo, and William L. Trujillo.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC547

Court of Appeals Case No. 06CA2655

Petitioner:

Keason Burell Cox,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC553

Court of Appeals Case No. 09CA2149

Petitioner:

Noe Velasquez,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.

CHIEF JUSTICE BENDER would grant as to the following issue:

Where the district court erroneously allowed the admission of evidence bolstering the victim’s credibility and the entire case turned on the victim’s credibility, did the court of appeals err in its plain error analysis.


No. 12SC621

Court of Appeals Case No. 11CA256

Petitioner:

Jared Mark VanDamme,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC629

Court of Appeals Case No. 10CA36

Petitioner:

Trinidad Anthony Ramos,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC667

Court of Appeals Case Nos. 10CA2289 & 11CA369

Petitioner/Cross-Respondent:

Sonitrol Corporation,

v.

Respondents/Cross-Petitioners:

Core-Mark Midcontinent, Inc.; Core-Mark International, Inc; United States Fire Insurance Company; and Commonwealth Insurance Company.

Petition and Cross-Petition for Writ of Certiorari DENIED. EN BANC. JUSTICE COATS and JUSTICE EID would grant as to the following issues:

Did the court of appeals err in applying its own notions of public policy to create a new cause of action for willful and wanton breach of a commercial contract involving only economic damages, which voids a limitation of liability mutually agreed to between business entities with equal bargaining power, contrary to Colorado’s public policy of protecting freedom of contract and allocation of risk.

If the quasi-tort of willful and wanton breach of a commercial contract, where only economic damages are sought, is permitted to become the law in Colorado, did the court of appeals err in prohibiting petitioner from allocating fault to the arsonist and the respondent who caused the damages.


No. 12SC716

Court of Appeals Case No. 09CA2420

In re the Marriage of:

Petitioner/Cross-Respondent:

Katherine Coleman-Greenhouse,

and

Respondent/Cross-Petitioner:

Charles Greenhouse.

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


No. 12SC731

Court of Appeals Case No. 10CA1637

Petitioner:

Allen Bergerud,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC742

Court of Appeals Case No. 10CA1969

Petitioner:

Barbara Hayes,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC769

Court of Appeals Case No. 09CA1913

Petitioner:

Jason Allan Conklin,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC770

Court of Appeals Case No. 09CA1305

Petitioner:

Paul Regnier,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC818

Court of Appeals Case No. 12CA106

Petitioner:

Sahr Mbawa,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC825

Court of Appeals Case No. 10CA1019

Petitioner:

Kenneth Benninghoven,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC834

Court of Appeals Case No. 10CA636

Petitioner:

Anthony Lee Archibeque,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC837

Court of Appeals Case No. 10CA107

Petitioner:

Carl D. Ruch,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC846

Court of Appeals Case No. 10CA2241

Petitioner:

Joseph D. Gonzales,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC847

Court of Appeals Case No. 10CA1269

Petitioner:

Amber Kristine Butler,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC848

Court of Appeals Case No. 10CA74

Petitioner:

Gary Robert Williams,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC855

Larimer County District Court Case No. 11CV2149

Petitioner:

Isaac Todd,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC877

Court of Appeals Case No. 12CA728

Petitioner:

William Alan Maunz,

v.

Respondent:

The People of the State of Colorado.

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


No. 12SC883

Court of Appeals Case No. 11CA2187

Petitioner:

Gregory C. Reed,

v.

Respondent:

The People of the State of Colorado.

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


No. 12SC885

Court of Appeals Case No. 10CA736

Petitioner:

Anthony Lawrence Garcia,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC887

Court of Appeals Case No. 10CA1736

Petitioner:

Ian Steve Calegory,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC894

Court of Appeals Case No. 11CA72

Petitioner:

Genero Zuniga,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC895

Court of Appeals Case No. 12CA641

Petitioner:

Ronda Myers,

v.

Respondent:

Amelia Michelle Nicol.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC908

Court of Appeals Case No. 11CA1772

Petitioner:

Marilyn Daniel,

v.

Respondent:

City of Colorado Springs, a Colorado municipal corporation and home rule city.

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

Whether a public golf course parking lot is a ”public facility located in any park or recreation area” under section 24-10-106(1)(e), C.R.S. (2012), of the Colorado Government Immunity Act.

DENIED AS TO ALL OTHER ISSUES.


No. 12SC909

Court of Appeals Case No. 10CA896

Petitioner:

Mark Andrew Barajas,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC910

Court of Appeals Case No. 11CA1959

Petitioner:

Charles Deshawn Rutherford,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC926

Court of Appeals Case No. 11CA2519

Petitioner:

Henry Lee Griffin, Jr.,

v.

Respondents:

Executive Director of the CDOC, Warden of the Buena Vista Correctional Complex; Gerry Bland; and Shannon Lynne Grant.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC929

Court of Appeals Case No. 12CA311

Petitioner:

Donald Betts,

v.

Respondent:

The People of the State of Colorado.

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


No. 12SC933

Court of Appeals Case No. 10CA2210

Petitioner:

Christopher Salazar Cabias,

v.

Respondent:

The People of the State of Colorado.

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


No. 12SC934

Court of Appeals Case No. 11CA2245

In re the Marriage of:

Petitioner:

Jeremy Andrew Yonce, and

Respondent:

Deborah Diane Yonce.

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


No. 12SC937

Court of Appeals Case No. 11CA1908

Petitioner:

Francisco Dominguez,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC944

Weld County District Court Case No. 12CV90

Petitioner:

Anthony Wood,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC947

Court of Appeals Case No. 11CA2239

Petitioner:

Daniel L. Yalacki,

v.

Respondents:

Chris Radeff, Pelegrin and Radeff PC, and Lisa H. Scharf.

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


No. 12SC954

Court of Appeals Case No. 08CA2653

Petitioner:

Thomas Eric Espinoza,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC956

Court of Appeals Case No. 11CA2450

Petitioner:

Oscar Orona-Hernandez,

v.

Respondent:

The People of the State of Colorado.

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 || April 29, 2013

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