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Colorado Supreme Court Opinions || May 28, 2013

Colorado Supreme Court -- May 28, 2013
Announcement Sheet

OPINIONS

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


2013 CO 30


Supreme Court Case No. 12SA25
District Court, City and County of Denver, Case No. 05CV4794
Honorable Sheila A. Rappaport, Judge


Plaintiffs-Appellees:

Anthony Lobato, as an individual and as parent and natural guardian of Taylor Lobato and
Alexa Lobato; Denise Lobato, as an individual and as parent and natural guardian of Taylor
Lobato and Alexa Lobato; Miguel Cendejas and Yuri Cendejas, individually and as parents
and natural guardians of Natalia Cendejas and Salma Cendejas; Pantaleon Villagomez and
Maria Villagomez, as individuals and as parents and natural guardians of Chris
Villagomez, Monique Villagomez and Angel Villagomez; Linda Warsh, as an individual
and as parent and natural guardian of Adam Warsh, Karen Warsh, and Ashley Warsh;
Herbert Conboy and Victoria Conboy, as individuals and as parents and natural guardians
of Tabitha Conboy, Timothy Conboy and Keila Barish; Terry Hart, as an individual and as
parent and natural guardian of Katherine Hart; Larry Howe-Kerr and Anne Kathleen
Howe-Kerr, as individuals and as parents and natural guardians of Lauren Howe-Kerr and
Luke Howe-Kerr; Jennifer Pate, as an individual and as parent and natural guardian of
Ethan Pate, Evelyn Pate and Adeline Pate; Robert L. Podio and Blanche J. Podio, as
individuals and as parents and natural guardians of Robert T. Podio and Samantha Podio;
Tim Hunt and Sabrina Hunt, as individuals and as parents and natural guardians of Darean Hunt and Jeffrey Hunt; Doug Vondy, as an individual and as parent and natural guardian of Hannah Vondy; Denise Vondy, as an individual and as parent and natural guardian of Hannah and Kyle Leaf; Brad Weisensee and Traci Weisensee, as individuals and as parents and natural guardians of Joseph Weisensee, Anna Weisensee, Amy Weisensee and Elijah Weisensee; Stephen Topping, as an individual and as parent and natural guardian of Michael Topping; Debbie Gould, as an individual and as parent and natural guardian of
Hannah Gould, Ben Gould and Daniel Gould; Lillian Leroux Snr, as an individual and as parent and natural guardian of Lillian Leroux III, Ashley Leroux, Alixandra Leroux and Amber Leroux; Theresa Wrangham, as an individual and as parent and natural guardian of Rachel Wrangham; Lisa Calderon, as an individual and as parent and natural guardian of Savannah Smith; Jessica Spangler, as an individual and as parent and natural guardian of Rider Donovan Spangler; Jefferson County School District No. R-1; Colorado Springs School District No. 11, in the County of El Paso; Bethune School District No. R-5; Alamosa
School District, No. RE-11J; Centennial School District No. R-1; Center Consolidated School District No. 26JT, of the Counties of Saguache and Rio Grande and Alamosa; Creede Consolidated School District No. 1 in the County of Mineral and State of Colorado; Del Norte Consolidated School District No. C-7; Moffat, School District No. 2, in the County of Saguache and State of Colorado; Monte Vista School District No. C-8; Mountain Valley School District No. RE 1; North Conejos School District No. RE 1J; Sanford, School District No. 6, in the County of Conejos and State of Colorado; Sangre de Cristo School District, No. RE-22J; Sargent School District No. RE-33J; Sierra Grande School District No. R-30; South Conejos School District No. RE10; Aurora Joint School District No. 28 of the Counties of Adams and Arapahoe; Moffat County School District Re: No. 1; Montezuma-Cortez School
District No. RE-1; and Pueblo, School District No. 60 in the County of Pueblo and State of Colorado,

 

and
Plaintiffs-Intervenors-Appellees:

Armandina Ortega, individually and as next friend for her minor children, S. Ortega and B.
Ortega; Gabriel Guzman, individually and as next friend for his minor children, G.
Guzman, Al. Guzman and Ar. Guzman; Robert Pizano, individually and as next friend for
his minor children, Ar. Pizano and An. Pizano; Maria Pina, individually and as next friend
for her minor children, Ma. Pina and Mo. Pina; and Martha Lopez, individually and as next
friend for her minor children, S. Lopez and L. Lopez,


v.
Defendants-Appellants:

The State of Colorado; Colorado State Board of Education; Robert K. Hammond, in his
official capacity as Commissioner of Education of the State of Colorado; and John
Hickenlooper, in his official capacity as Governor of the State of Colorado.


Judgment Reversed
en banc


JUSTICE RICE delivered the Opinion of the Court.

CHIEF JUSTICE BENDER dissents, and JUSTICE HOBBS joins in the dissent. JUSTICE HOBBS dissents, and CHIEF JUSTICE BENDER joins in the dissent. JUSTICE MÁRQUEZ does not participate.


 

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


2013 CO 31


Supreme Court Case No. 12SA156
Original Proceeding Pursuant to C.A.R. 21
County Court, Routt County, Case No. 12CR48
Honorable James H. Garrecht, Judge


In re:
Plaintiff:
The People of the State of Colorado,
v.
Defendant:
John Holland Brothers.


Rule Made Absolute
en banc


JUSTICE EID delivered the Opinion of the Court.

 


PETITIONS FOR REHEARING
NONE



PETITIONS FOR WRIT OF CERTIORARI

No. 12SC641

Court of Appeals Case No. 09CA2080

Petitioner:

Theodore Ellis Evers,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC783

Court of Appeals Case No. 11CA2405

Petitioner:

Scott Gessler, in his official capacity as Colorado Secretary of State,

v.

Respondents:

Colorado Common Cause and Colorado Ethics Watch.

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

Whether the Secretary of State correctly concluded that Sampson v. Buescher, 625 F.3d 1247 (10th Cir. 2010),invalidated registration and reporting requirements for all issue committees that raise or spend similarly small amounts of money.

Based on Sampson v. Buescher, 625 F.3d 1247 (10th Cir. 2010),whether the Secretary of State, under his constitutional and statutory authority to “[p]romulgate such rules . . . as may be necessary to administer and enforce” campaign finance laws, can promulgate a rule that establishes the line at which an issue committee’s financial contributions or expenditures exceed the burden of state regulation.



No. 12SC805

Court of Appeals Case No. 09CA470

Petitioner:

Derrick Nicholas Johnson,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC860

Court of Appeals Case No. 10CA1928

Petitioner:

Jack Lee Holmes,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC865

Court of Appeals Case No. 11CA554

Petitioner:

Joseph Alexander Burchim,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.



No. 12SC868

Court of Appeals Case No. 11CA1048

Petitioner:

Terri Willoughby,

v.

Respondent:

Pierre Pavot, D.O.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC889

Weld County District Court Case No. 12CV304

Petitioner:

James Richard Pachokas,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC921

Court of Appeals Case No. 11CA1096

Petitioners:

Pauline Tucker and Jesus John Hernandez,

v.

Respondent:

Federal National Mortgage Association.

Petition for Writ of Certiorari DENIED. EN BANC.



No. 12SC922

Court of Appeals Case No. 11CA878

Petitioner:

Robert M. Copley,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC964

Court of Appeals Case No. 10CA2355

Petitioner:

Eric Dewayne Burnham,

v.

Respondent:

The People of the State of Colorado.

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


No. 12SC967

Court of Appeals Case No. 10CA2104

Petitioner:

David Walter Tush,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.



No. 12SC978

Court of Appeals Case No. 12CA937

Petitioners:

Sanchez, Inc., d/b/a Denver Marijuana Medical Center; Julian R. Sanchez; Georgena Sanchez; and Approximately 300 unnamed Colorado State Registered Medical Marijuana Patients;

v.

Respondents:

Penny L. May, in her official capacity as Director of the Department of Excise and Licenses a Division of the City and County of Denver, and City and County of Denver, a municipal corporation.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC979

Court of Appeals Case No. 09CA2627

Petitioner:

Andrew Tanner,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC980

Court of Appeals Case No. 11CA792

Petitioner:

Jerrod G. Earnest,

v.

Respondent:

The People of the State of Colorado.

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



No. 12SC982

Court of Appeals Case No. 11CA1663

Petitioner:

Cassidy Cole Moroney,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC983

Court of Appeals Case No. 11CA2556

Petitioner:

Sean Christopher Ludwigsen,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC984

Court of Appeals Case No. 11CA1035

Petitioner:

Leonard Loftin,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.



No. 12SC985

Court of Appeals Case No. 11CA2151

Petitioners:

Paul A. Dixon; Estate of Donald C. Fortner; Carolyn R. Jones; and Conwood, LLC;

v.

Respondent:

Denver Cottonwoods Townhouse Association, Inc.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC986

Jefferson County District Court Case No. 12CV3171

Petitioner:

Javier Brito Martinez,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC988

Court of Appeals Case No. 10CA23

Petitioner/Cross-Respondent:

The People of the State of Colorado,

v.

Respondent/Cross-Petitioner:

Justin Conner.

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



No. 12SC997

Court of Appeals Case No. 12CA1521

Petitioner:

Stephanie Mellema,

v.

Respondent:

Intervention, d/b/a Intervention Community Corrections Services.

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


No. 12SC998

Gilpin County District Court Case No. 12CV30

Petitioner:

Sydney Sanchez,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC1004

Court of Appeals Case No. 11CA1268

Petitioner:

Danny Russell Cook,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.



No. 12SC1013

Court of Appeals Case No. 10CA681

Petitioner:

Mark Alan Melcher,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC1015

Court of Appeals Case No. 11CA629

Petitioner:

John Henry Baca,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC1016

Court of Appeals Case No. 10CA2555

Petitioner:

Kandin Eric Wilson,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.



No. 12SC1020

Court of Appeals Case No. 12CA163

Petitioner:

Bernard Jones,

v.

Respondent:

The People of the State Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC1024

Court of Appeals Case No. 09CA734

Petitioner:

Olin George Ferrier,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC1030

Court of Appeals Case No. 10CA2187

Petitioner:

Martin Wayne Lundin,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.



No. 12SC1032

Court of Appeals Case No. 11CA393

Petitioner:

Luke M. Barela,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC1033

District Court, City and County of Denver, Case No. 12CV917

Petitioner:

Virgil Dixon,

v.

Respondent:

The People of the State Colorado.

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


No. 13SC296

Court of Appeals Case No. 12CA1637

Petitioner:

C.J.M.,

v.

Respondent:

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

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 28, 2013

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