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Colorado Supreme Court Opinions || May 20, 2013

Colorado Supreme Court -- May 20, 2013
Announcement Sheet

OPINIONS

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


2013 CO 28


Supreme Court Case No. 13SA39

Interlocutory Appeal Pursuant to C.A.R. 4.1
Mesa County District Court Case No. 11CR1005
Honorable Brian J. Flynn, Judge


Plaintiff-Appellant:
The People of the State of Colorado,
v.
Defendant-Appellee:
Kim Maurice Fuerst.


Judgment Reversed
en banc


JUSTICE RICE delivered the Opinion of the Court.

JUSTICE HOBBS concurs in the judgment only, and JUSTICE EID and JUSTICE COATS join in the concurrence in the judgment only.

 

 

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


2013 CO 29


Supreme Court Case No. 12SA71

Original Proceeding in Discipline
On Review from the Hearing Board, 11PDJ070


In the Matter of David Jerome Greene.


Judgment Vacated
en banc


JUSTICE COATS delivered the Opinion of the Court. CHIEF JUSTICE BENDER does not participate.

 

 


PETITIONS FOR REHEARING
NONE


PETITIONS FOR WRIT OF CERTIORARI

No. 12SC284

Court of Appeals Case No. 08CA128

Petitioner:

Mustafa J. Ujaama,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC290

Court of Appeals Case No. 07CA1867

Petitioner:

M.D.K.,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC424

Court of Appeals Case No. 11CA61

Petitioner:

Colorado Goldfields Inc., a Nevada corporation,

v.

Respondents:

Todd C. Hennis, an individual; San Juan Corporation, a Colorado corporation; and Salem Minerals, Inc., a Colorado corporation.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC442

Court of Appeals Case No. 10CA2559

Petitioner:

John Hickenlooper, in his official capacity as Governor of the State of Colorado, v.

Respondents:

Freedom From Religion Foundation, Inc.; Mike Smith; David Habecker; Timothy G. Bailey; and Jeff Baysinger.

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

Whether the court of appeals erred by sua sponte determining that plaintiffs had taxpayer standing based on de minimis governmental expenditures and despite the plaintiffs’ failure to plead or demonstrate the existence of taxpayer standing in the district court.

Whether the court of appeals erroneously concluded that the state constitution forbids the governor of Colorado from issuing certain honorary proclamations.


No. 12SC646

Court of Appeals Case No. 10CA1527

Petitioner:

Alexisius Quennel Jones,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC678

Court of Appeals Case No. 09CA1179

Petitioner:

Matthew Vincent Martinez,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC736

Court of Appeals Case No. 11CA1770

Petitioners:

City & County of Denver and Alex J. Martinez, in his official capacity as Manager of Safety for the City and County of Denver,

v.

Respondent:

Denver Firefighters Local No. 858, IAFF, AFL-CIO.

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

Summary of Issue:

Whether the court of appeals erred when it concluded that the City and County of Denver’s proposed amendment to the fire department’s disciplinary system constituted a term and condition of employment subject to the collective bargaining provisions of the Denver City Charter.

DENIED AS TO ALL OTHER ISSUES.


No. 12SC875

Court of Appeals Case No. 11CA1694

Petitioners:

James Berkus, the Davis Family Trust, and the McNanie Family Trust,

v.

Respondent:

The Residences at Little Nell Development, LLC, a Delaware limited liability company.

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


No. 12SC890

Court of Appeals Case No. 10CA2544

Petitioner:

Xavier Aguilera Samson,

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:

Whether, in order to prove that a defendant committed conspiracy to commit theft of an amount of $1,000 or more but less than $20,000, the prosecution must prove that the illegal agreement included the value of the property that the conspirators planned to steal.


No. 12SC912

Court of Appeals Case No. 10CA1939

Petitioner:

Jack Jay Binschus,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC1003

Court of Appeals Case Nos. 11CA1412 & 11CA1475

In re the Marriage of: Petitioner:

Charles B. Bruce, Jr., and

Respondent:

Regina T. Drexler.

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


No. 13SC85

Court of Appeals Case No. 12CA2313

Petitioners:

Richard L. Anderson; Stephanie Allen; James N. Dreisbach, MD; Nicholas G. Muller; Ray Blum, MD; K. Mason Howard, MD; Susan E. Ljunghag, MD; Richard Schaler, MD; and Richard Parker, MD;

v.

Respondents:

John W. Suthers, in his official capacity as the Attorney General for the State of Colorado; HealthOne, d/b/a The Colorado Health Foundation, a Colorado nonprofit corporation; HealthOne of Denver, Inc., a Colorado corporation; and HCA-HealthOne, LLC, a Colorado limited liability company.

Petition for Writ of Certiorari Pursuant to C.A.R. 50 DENIED. EN BANC. JUSTICE EID does not participate.


No. 13SC176

Court of Appeals Case No. 12CA805

Petitioner:

T.N.,

v.

Respondent:

The People of the State of Colorado, In the Interest of the Minor Child, A.I.

Petition for Writ of Certiorari GRANTED as to the following issue: Whether the notice requirements pursuant to Indian Child Welfare Act were satisfied as to the petitioner as required by 25 U.S.C. section 1912(a) (2001) and section 19-1-126(1)(a) and (b), C.R.S., and whether the trial court’s judgment must be vacated and the case remanded as a result. The judgment of the Colorado Court of Appeals is vacated, and the case is remanded to Colorado Court of Appeals to be remanded to the trial court with instructions.

EN BANC.

DENIED AS TO ALL OTHER ISSUES.


No. 13SC183

Court of Appeals Case No. 12CA2260

Petitioner:

C.S., III,

v.

Respondent:

The People of the State of Colorado, In the Interest of Minor Child, N.S.-S.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC237

Court of Appeals Case No. 12CA2260

Petitioner:

E.S.,

v.

Respondent:

The People of the State of Colorado, In the Interest of Minor Child, N.S.-S.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC245

Court of Appeals Case No. 12CA2259

Petitioner:

D.M.,

v.

Respondent:

The People of the State of Colorado,
In the Interest of Minor Child, N.M.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC275

Court of Appeals Case No. 12CA2328

Petitioner:

I.C.,

v.

Respondent:

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

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 || May 20, 2013

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