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Colorado Supreme Court Opinions || September 3, 2013

Colorado Supreme Court -- September 3, 2013
Announcement Sheet

OPINIONS

NONE


PETITIONS FOR REHEARING

NONE 


 

PETITIONS FOR WRIT OF CERTIORARI

No. 12SC226

Court of Appeals Case No. 09CA2680

Petitioner:

Alexander Roth Hill,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC347

Court of Appeals Case No. 11CA749

Petitioner:

Vernold Lee Harrell,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


 

No. 12SC554

Court of Appeals Case No. 09CA1141

Petitioner/Cross-Respondent:

The People of the State of Colorado,

v.

Respondent/Cross-Petitioner:

Carlos Florencio Guzman.

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


No. 12SC722

Court of Appeals Case No. 10CA1188

Petitioners/Cross-Respondents:

Colorado Higher Education Insurance Benefits Alliance Trust; Adams State College; Auraria Higher Education Center; Colorado School of Mines; Colorado State University at Pueblo; Fort Lewis College; Metropolitan State University of Denver; University of Northern Colorado; Western State College; and the following Trustees in their official capacity as trustees of the Colorado Higher Education Insurance Benefits Alliance Trust: Darren Matthews, Ken Nufer, Kim Gailey, Judy Zewe, Marshall Parks, Mike Dougherty, Tracy Rogers, Blaine Nickeson and Dee Martinez;

v.

Respondents/Cross-Petitioners:

Terence Timothy Casey and Joseph Taylor, as representatives of a class consisting of pre-6/30/2003 employees of Mesa State College who had contributed to the Disability Trust.

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

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

Whether the majority below erred by looking into the economic loss rule when determining whether tort claims arising from a contractual matrix are barred by the CGIA.

JUSTICE COATS would grant as to the following issues:

Whether the majority below erred in holding that Plaintiffs’ claims against the Trustees for breach of Fiduciary duty are not barred by the Colorado Governmental Immunity Act ("CGIA").

Whether the majority below erred in holding that Plaintiff’s claims against Defendant Colleges for breach of implied covenant of good faith and fair dealing are not barred by the CGIA.

Whether the court below erred in holding that Plaintiffs’ claim for inverse condemnation is not subject to the CGIA.

JUSTICE MÁRQUEZ would grant as to the following issue:

Whether the court of appeals erred in failing to follow long-standing precedent o this Court and other division of thourt of appeals which historically have recognized that the doctrine of mistake affords a party rights to equitable relief which is contract based and not barred by the CGIA.


 

No. 12SC878

Court of Appeals Case No. 11CA2627

Petitioners:

One West Bank FSB and Federal Home Loan Mortgage Corporation,

v.

Respondent:

Bruce C. McDonald.

Petition for Writ of Certiorari DENIED. EN BANC.


 

No. 12SC888

Court of Appeals Case No. 11CA1376

Petitioner:

Christian Nicholas Duran,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC899

Court of Appeals Case No. 10CA1846

Petitioner:

David A. Hiner,

v.

Respondents:

Bruce Johnson, MD and Michael King, MD.

Petition for Writ of Certiorari DENIED. EN BANC.


 

No. 12SC931

Court of Appeals Case No. 11CA1355

Petitioner:

Oloyea D. Wallin,

v.

Respondents:

Janene McCabe and Sean McDermott.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC938

Court of Appeals Case No. 09CA981

Petitioner:

The People of the State of Colorado,

v.

Respondent:

Randy D. Tallent.

Petition for Writ of Certiorari DENIED. EN BANC.

JUSTICE BOATRIGHT would grant as to the following issues:

Whether the court of appeals erred in conducting a subjective, rather than an objective, analysis in concluding that Tallent was arrested when he was seized on a porch following his flight from the officers.

Whether, if the defendant was "arrested" when he was seized on the porch, the court of appeals erred by applying improper legal standards to conclude that there was insufficient evidence to establish probable cause for the arrest.


 

No. 12SC943

Court of Appeals Case No. 11CA423

Petitioner:

The People of the State of Colorado,

v.

Respondent:

Brent Richard Berdahl.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC1000

Court of Appeals Case No. 10CA2638

Petitioners/Cross-Respondents:

Colorado Pool Systems, Inc. and Patrick Kitowski,

v.

Respondents/Cross-Petitioners:

Scottsdale Insurance Company, a foreign corporation; GAB Robins North America Inc., a Delaware corporation; and Don Hansen.

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

Summary of Issue:

Whether the court of appeals erred in (a) holding that section 13-20-808, C.R.S. (2012) would be unconstitutionally retrospective as applied to Colorado Pool’s commercial general liability (CGL) policy and (b) whether the court of appeals further erred in its interpretation of the CGL policy under the common law.

DENIED AS TO ALL OTHER ISSUES.


No. 12SC1014

Arapahoe County District Court Case No. 12CV315

Petitioner:

Alberto Zavala,

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 issues:

Whether the district court erred in finding that Cynthia Burbach’s testimony of the urine test results did not violate Mr. Zavala’s Sixth Amendment right to Confrontation.

Whether the district court erred in finding that the urine test in this case was not obtained in violation of Mr. Zavala’s rights.

Whether the district court erred in finding that C.R.S. § 42-4-1301.1(2)(b) is not a violation of Equal Protection as applied to Mr. Zavala.

Whether the district court erred in finding that the urine test admitted in this case met the standards set forth in CRE 403 and 702.


No. 13SC32

Court of Appeals Case No. 11CA2454

Petitioners:

M.B. Anderson, taxpayer of the Cimarron Hills Fire Protection District; Clyde Depew, taxpayer of the Cimarron Hills Fire Protection District; Ruth Hacker, taxpayer of the Cimarron Hills Fire Protection District; David Hacker, taxpayer of the Cimarron Hills Fire Protection District; Bertha Jackson, taxpayer of the Cimarron Hills Fire Protection District; Lewis Jackson, taxpayer of the Cimarron Hills Fire Protection District; Gayle Y. Jones, taxpayer of the Cimarron Hills Fire Protection District; Judith Ledean, taxpayer of the Cimarron Hills Fire Protection District; Paula Schofield, taxpayer of the Cimarron Hills Fire Protection District; David Schofield, taxpayer of the Cimarron Hills Fire Protection District; Patti Teal, taxpayer of the Cimarron Hills Fire Protection District; Kurt Williams, taxpayer of the Cimarron Hills Fire Protection District; and Annita Williams, taxpayer of the Cimarron Hills Fire Protection District;,

v.

Respondents:

Cimarron Hills Fire Protection District and Board of Directors of the Cimarron Hills Fire Protection District.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC84

Court of Appeals Case No. 12CA84

Petitioner:

RCG Glenwood, LLC,

v.

Respondent:

Extreme Construction Co., a Colorado corporation.

Petition for Writ of Certiorari DENIED. EN BANC.

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

Whether, as a matter of first impression, the doctrine of equitable estoppel prevents application of post contract audit of a "cost plus contract" to determine "actual costs."

JUSTICE EID would grant as to the following issue:

Whether the court of appeals may substitute its finding of facts for that of the trial court on a contested factual record.


 

No. 13SC122

Court of Appeals Case No. 11CA1887

Petitioners:

Ann Marie Damian and John M. Taylor, Jr.,

v.

Respondent:

Mountain Parks Electric, Inc., a Colorado cooperative association.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC125

Court of Appeals Case No. 11CA2333

Petitioner:

Keith Meyer,

v.

Respondent:

United General Title Insurance Company, a Colorado corporation.

Petition for Writ of Certiorari DENIED. EN BANC.

 


 

No. 13SC588

Court of Appeals Case No. 13CA435

Petitioner:

C.A.,

v.

Respondent:

The People of the State of Colorado,

In the Interest of Minor Child: A.I.

Petition for Writ of Certiorari DENIED. EN BANC.

 


 

No. 13SC593

Court of Appeals Case No. 10CA522

Petitioner:

A.C.,

v.

Respondent:

The People of the State of Colorado,

In the Interest of Minor Child: A.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 || September 3, 2013

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