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Colorado Supreme Court Opinions || June 24, 2013

Colorado Supreme Court -- June 24, 2013
Announcement Sheet

OPINIONS


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


2013 CO 36


Supreme Court Case No. 12SA307
Original Proceeding Pursuant to C.A.R. 21
Weld County District Court Case No. 11CV222
Honorable Elisabeth Strobel, Judge


In Re:
Plaintiff:

DCP Midstream, LP, a Delaware limited partnership,
v.
Defendants:
Anadarko Petroleum Corporation, a Delaware corporation;
Kerr-McGee Oil & Gas Onshore LP, a Delaware limited partnership;
and Kerr-McGee Gathering LLC, a Delaware limited liability company.


Rule Made Absolute
en banc


CHIEF JUSTICE BENDER delivered the Opinion of the Court.

JUSTICE EID concurs in the judgment in part and concurs in part, and JUSTICE COATS joins in the concurrence in the judgment in part and the concurrence in part.

 


 

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


2013 CO 37


Supreme Court Case No. 11SC516
Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 10CA955


Petitioners/Cross-Respondents:
Dennis Shaw and First Horizon Home Loan Corporation,
v.
Respondent/Cross-Petitioner:
17 West Mill St, LLC, a Colorado limited liability company.


Judgment Reversed
en banc


JUSTICE HOBBS delivered the Opinion of the Court.


 

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


2012 CO 38


Supreme Court Case No. 12SA213
Certification of Question of Law
United States Court of Appeals for the Tenth Circuit
Appeal No. 11-1387


PlaintiffAppellant:
Gary Larrieu,
v.
DefendantAppellee:
Best Buy Stores, L.P.


Certified Question Answered
en banc


JUSTICE HOBBS delivered the Opinion of the Court.


 

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


2013 CO 39


Supreme Court Case No. 11SC669
Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 10CA1320


Petitioner:
Qwest Corporation,
v.
Respondent:
Colorado Division of Property Taxation, Department of Local Affairs, State of Colorado.


Judgment Affirmed
en banc


JUSTICE RICE delivered the Opinion of the Court.

JUSTICE EID dissents, and JUSTICE BOATRIGHT joins in the dissent. JUSTICE COATS does not participate.


 

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


2013 CO 40


Supreme Court Case No. 12SA89
Original Proceeding in Discipline
Appeal from the Presiding Disciplinary Judge, 02PDJ100


In the Matter of Betty Bass.


Order Affirmed
en banc


JUSTICE COATS delivered the Opinion of the Court. JUSTICE MÁRQUEZ does not participate.


 

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


2013 CO 41


Supreme Court Case No. 11SA86
Appeal from the District Court
Routt County District Court, Water Division 6, Case No. 08CW89
Honorable Richard P. Doucette, Senior Water Judge


Concerning the Application for Water Rights of Applicant Raftopoulos Brothers in
Moffat County


Opposer-Appellant:
Vermillion Ranch Limited Partnership,
v.
Applicant-Appellee:
Raftopoulos Brothers,
Opposers-Appellees:

Erin C. H. Light, in her official capacity as Division Engineer, Water Division 6 and The
United States of America, Department of Interior, Bureau of Land Management and
U.S. Fish and Wild Life Service.


Judgment Vacated in Part and Reversed in Part
en banc


* * * * *


Supreme Court Case No. 11SA124
Appeal from the District Court
Routt County District Court, Water Division 6, Case Nos. 06CW61 & 08CW54
Honorable Richard P. Doucette, Senior Water Judge


Concerning the Application for Water Rights of Applicant Vermillion Ranch Limited
Partnership in Moffat County


Opposer-Appellant:
Raftopoulos Brothers,
v.
Applicant-Appellee:
Vermillion Ranch Limited Partnership,
Opposer-Appellee:

Erin Light, in her official capacity as Division Engineer Water Division 6, pursuant to
CAR 1(e).


Judgment Reversed
en banc


JUSTICE MÁRQUEZ delivered the Opinion of the Court.

 


PETITIONS FOR REHEARING
NONE


PETITIONS FOR WRIT OF CERTIORARI

No. 12SC251

Court of Appeals Case No. 11CA976

Petitioner:

Jefferson Owings,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC400

Court of Appeals Case No. 11CA640

Petitioners:

State Personnel Board, Maria Berumen and Dawn Adams,

v.

Respondent:

Department of Human Services, Wheat Ridge Regional Center.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC563

Court of Appeals Case No. 07CA2090

Petitioner:

Ramon Ruiz,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC597

Court of Appeals Case No. 09CA1360

Petitioner:

Jamiylah Nelson,

v.

Respondent:

The People of the State of Colorado.

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


No. 12SC598

Court of Appeals Case No. 08CA2560

Petitioner:

Carl Nance,

v.

Respondent:

The People of the State of Colorado.

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


No. 12SC605

Court of Appeals Case No. 09CA2203

Petitioner/Cross-Respondent:

The People of the State of Colorado,

v.

Respondent/Cross-Petitioner: Michael Johnson.

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

Whether the court of appeals erred in applying a presumption of vindictiveness and vacating the new sentence because the People could not provide new information obtained after the original sentence.

Whether the court of appeals erred in declining to apply well settled law because this law was brought to the court’sattention for the first time in a petition for rehearing.

Whether section 18-1-409(3) applies to a defendant who appeals the judgment of conviction without also appealing the propriety of the sentence.

Whether the district court exceeded its authority under section 18-1-409(3) because at resentencing there were no new matters of aggravation in addition to those known at the time of resentencing.


No. 12SC610

Court of Appeals Case No. 10CA2382

Petitioner:

Tom Francen,

v.

Respondent:

Colorado Department of Revenue, Motor Vehicle Division .

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

Whether the court of appeals erred in holding that a driver cannot rely on the exclusionary rule to raise the illegality of initial police conduct as a defense in a civil driver’s license revocation proceeding conducted pursuant to section 42-2-126.

Whether the express consent statute allows the Department of Revenue to revoke a driver’s license pursuant to section 42-2-126 on the basis of a search that itself is the product of an illegal stop and arrest, regardless of whether the exclusionary rule applies in driver’s license revocation proceedings.

DENIED AS TO ALL OTHER ISSUES.


No. 12SC628

Court of Appeals Case No. 09CA1582

Petitioner:

Jeremiah Allen Riggen,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC724

Court of Appeals Case No. 09CA2634

Petitioner:

Tonya Ann Rhodus,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC729

Court of Appeals Case No. 09CA1946

Petitioner:

Charles Medicine-Blanket,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC738

Court of Appeals Case No. 09CA98

Petitioner:

Roscoe A. Malone,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.

CHIEF JUSTICE BENDER and JUSTICE MÁRQUEZ would grant as to the following issue:

Whether the court of appeals erred in holding that the evidence was legally sufficient to sustain the defendant’s conviction for identity theft in counts 1, 6, 11, and 18.


No. 12SC746

Court of Appeals Case No. 08CA2637

Petitioner:

Thomas Anthony Garrison, II,

v.

Respondent:

The People of the State of Colorado.

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

CHIEF JUSTICE BENDER and JUSTICE COATS would grant as to the following issue:

Whether the trial court erred in denying petitioner’s motion for new trial based on the jury accessing during deliberations text messages on cell phones that had been admitted during trial, thus exposing the jury to extraneous information, tainting its verdict.


No. 12SC765

Court of Appeals Case No. 07CA897

Petitioner:

Wade Holland Burkham,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.



No. 12SC771

Court of Appeals Case No. 10CA1647

Petitioner:

Randy Joe Pevler,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC772

Court of Appeals Case No. 09CA2460

Petitioner:

Louis David Gaskin,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC779

Court of Appeals Case No. 11CA42

Petitioner:

Arielle Bonnell,

v.

Respondent:

Kristi L. Greenwood.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC788

Court of Appeals Case No. 11CA1351

Petitioner:

Andrew Hanson,

v.

Respondent:

Colorado Department of Revenue, Division of Motor Vehicles.

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

Whether the court of appeals erred in holding that a driver cannot rely on the exclusionary rule to raise the illegality of initial police conduct as a defense in a civil driver’s license revocation proceeding conducted pursuant to section 42-2-126.

Whether the express consent statute allows the Department of Revenue to revoke a driver’s license pursuant to section 42-2-126 on the basis of a search that itself is the product of an illegal stop and arrest, regardless of whether the exclusionary rule applies in driver’s license revocation proceedings.

DENIED AS TO ALL OTHER ISSUES.


No. 12SC801

Court of Appeals Case No. 11CA1950

In re the Marriage of:

Petitioner:

Nina H. Kazazian,

and

Respondent:

Michael J. Stackpool.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC812

Court of Appeals Case No. 10CA2073

Petitioner:

Jonathan Shields,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC820

Court of Appeals Case No. 08CA2329

Petitioner:

The People of the State of Colorado,

v.

Respondent:

Kenneth Leon Childress.

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

Whether the court of appeals erred in holding "as a matter of first impression in Colorado, that complicitor liability does not apply to the strict liability crime of vehicular assault (DUI) because the crime does not require a culpable mental state."

DENIED AS TO ALL OTHER ISSUES.

JUSTICE COATS and JUSTICE BOATRIGHT would grant as to the following issue:

Whether the court of appeals erred in holding that "the trial court erred by failing either to require the prosecution to elect the transaction on which it relied for the child abuse conviction or to give the jury a modified unanimity instruction."


No. 12SC862

Court of Appeals Case No. 10CA1485

Petitioner:

Juan Conedo Gonzales,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC863

Court of Appeals Case No. 10CA1044

Petitioner:

Matthew Babcock,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC873

Court of Appeals Case No. 10CA2479

Petitioner:

James Gregory Malveaux,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC874

Court of Appeals Case No. 11CA679

Petitioner:

Raymond Stalie,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC891

Court of Appeals Case No. 11CA8

Petitioner:

Jade Diego Maldonado,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC902

Court of Appeals Case No. 11CA2269

Petitioner:

Donovan Matthews,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC915

Court of Appeals Case No. 09CA2630

Petitioner:

William Wayne Hailey,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC925

Court of Appeals Case No. 11CA2342

Petitioner:

Marie Claire Wiegand,

v.

Respondents:

J. Kyle Bachus, Bastion Kane, and Bachus & Schanker LLC.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC927

Court of Appeals Case No. 11CA2613

Petitioner:

John Moore, Estate of Dorothy P. Moore,

v.

Respondents:

Sam Jahani, M.D.; Steve Padua, M.D.; Eric Peper, M.D.; Delta County Hospital; Copic Insurance; and State Farm Insurance.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC930

Court of Appeals Case No. 11CA480

Petitioner:

Darren Wieck,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC941

Court of Appeals Case No. 08CA1467

Petitioner:

The People of the State of Colorado,

v.

Respondent:

Donald Martin Currier.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC946

Court of Appeals Case No. 11CA942

Petitioner:

Robert H. Dixon,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC957

Court of Appeals Case No. 11CA785

Petitioner:

Parker Excavating, Inc.,

v.

Respondent:

City and County of Denver, Colorado, acting through its Board of Water Commissioners, a municipal corporation of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC960

Court of Appeals Case No. 10CA944

Petitioner:

Jason Fred Phouk,

v.

Respondent:

The People of the State of Colorado.

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


No. 12SC962

Court of Appeals Case No. 09CA1758

Petitioner:

Carlos Monsivais,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC971

Court of Appeals Case No. 11CA2226

Petitioner:

Jerry D. Snider,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC981

Court of Appeals Case No. 11CA108

Petitioner:

Terry Steve Vasquez,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC987

Court of Appeals Case No. 12CA1919

Petitioners:

Marc A Giuliani; Footprints Health and Wellness, Inc., a Colorado Corporation; Christopher Peck; and Frank Campbell,

v.

Respondents:

Jefferson County Board of County Commissioners, a body politic on behalf of the County of Jefferson; Jefferson County Division of Planning and Zoning, a division of Jefferson County; and Jefferson County Board of Adjustment, a division of Jefferson County.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC1022

Court of Appeals Case No. 08CA105

Petitioner:

Tenarro Banks,

v.

Respondent:

The People of the State of Colorado.

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

Whether, after Miller v. Alabama,132 S. Ct. 2455 (2012), the Eighth Amendment to the U.S. Constitution is violated by the imposition on a juvenile of a sentence of mandatory life sentence with the potential for parole after forty years.

Whether the court of appeals exceeded its judicial authority by re-writing the criminal sentence statutes in a way not authorized or compelled by Colorado statutes or sound “severability” analysis.

DENIED AS TO ALL OTHER ISSUES.


No. 12SC1037

Court of Appeals Case No. 10CA1723

Petitioner:

Saul Guzman,

v.

Respondent:

The People of the State of Colorado.

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


No. 13SC11

Court of Appeals Case No. 11CA1630

Petitioner:

Isauro Lopez-Silerio,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC86

Court of Appeals Case No. 11CA1587

Petitioner:

Trevor Jones,

v.

Respondent:

The People of the State of Colorado.

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


No. 13SC380

Court of Appeals Case No. 12CA2413

Petitioner:

B.O.,

v.

Respondent:

The People of the State of Colorado, In the Interest of Minor Child: K.O.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC388

Court of Appeals Case No. 12CA2356

Petitioner:

S.P.,

v.

Respondent:

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

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 || June 24, 2013

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