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Colorado Supreme Court Opinions || September 9, 2013

Colorado Supreme Court -- September 9, 2013
Announcement Sheet

OPINIONS


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


2013 CO 56


Supreme Court Case No. 12SC835
Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 12CA649


Petitioner:
The People of the State of Colorado,
In the Interest of Minor Child:
O.C.,
and Concerning
Intervenors:

C.M. and C.M.


Judgment Affirmed
en banc


JUSTICE RICE delivered the opinion of the Court. JUSTICE BOATRIGHT does not participate.

 


 

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


2013 CO 57


Supreme Court Case No. 10SC460
Certiorari of the Colorado Court of Appeals
Court of Appeals Case No. 07CA1320


Petitioner:
Cameron Chad Davis,
v.
Respondent:
The People of the State of Colorado.


Judgment Affirmed
en banc


JUSTICE BOATRIGHT delivered the Opinion of the Court.

CHIEF JUSTICE BENDER concurs in the judgment, and JUSTICE MÁRQUEZ joins in the concurrence in the judgment.

 


 


PETITIONS FOR REHEARING

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


2013 CO 51


Supreme Court Case No. 11SC596
Certiorari to the Adams County District Court
Adams County District Court Case No. 2011CV32


Petitioner:
Dina Marshall,
v.
Respondent:
The People of the State of Colorado.


Petition for Rehearing DENIED. EN BANC.

CHIEF JUSTICE BENDER and JUSTICE BOATRIGHT would grant the Petition.

 


 


PETITIONS FOR WRIT OF CERTIORARI

No. 12SC493

Court of Appeals Case Nos. 11CA93, 11CA125 and 11CA126

Petitioner/Cross-Respondent:

Pinnacol Assurance,

v.

Respondent/Cross-Petitioner:

Michael Schuessler,

and

Respondent:

James Wolter, M.D.

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


No. 12SC498

Larimer County District Court Case No. 11CV2434

Petitioner:

Torrey Stoppel,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC517

Court of Appeals Case No. 08CA1374

Petitioner:

Robert Herdman,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC573

Court of Appeals Case No. 11CA683

Petitioner:

Driving Force, LLC, d/b/a ANACS, a Colorado limited liability company,

v.

Respondent:

Slater Numismatics, LLC, a Colorado limited liability company.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC630

Court of Appeals Case No. 10CA2432

Petitioners:

James McCully and Patricia McCully,

v.

Respondents:

Kenneth Schell and Judith Schell.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC813

Court of Appeals Case No. 11CA2135

Petitioner:

Jesus Aguilera-Pimentel,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC826

Court of Appeals Case No. 11CA482

Petitioner:

Samuel J. Mulberger,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari GRANTED. EN BANC.

Summary of Issues:

Whether the court of appeals erred in concluding that a juror who was a contract employee of a county jail was not an employee of a public law enforcement agency for the purposes of section 16-10-103(1)(k).

Whether automatic reversal is required when the trial court erroneously denies a challenge for cause and the defendant then uses a peremptory challenge to remove the potential juror and exhausts his peremptory challenges.

DENIED AS TO ALL OTHER ISSUES.


No. 12SC919

Douglas County District Court Case No. 12CV1159

Petitioner:

Emily Suzanne Barry,

v.

Respondent:

Andrew Alvin Swan.

Petition for Writ of Certiorari DENIED. EN BANC.

JUSTICE HOBBS and JUSTICE MÁRQUEZ would grant as to the following issues:

Whether a court has authority under section 13-14-102, C.R.S. to impose a firearm restriction on a restrained party as a condition of a Civil Protection Order, where the restrained party is not in an intimate relationship with the protected party and therefore the Brady Handgun Violence Prevention Act, 18 U.S.C. § 922 (g)(8) does not apply.

Whether a court may, consistent with the Second Amendment, impose a firearm restriction on a restrained party as a condition of a Civil Protection Order where the restrained party is not in an intimate relationship with the protected party.


No. 12SC1010

Court of Appeals Case No. 10CA1535

Petitioner:

Edwin Jason Brautigam,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC14

Court of Appeals Case No. 09CA1325

Petitioner:

Alexander Midyette,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC37

Court of Appeals Case No. 11CA570

Petitioners:

Rosa Payan, Guadalupe Arroyo, Saloman Martinez, Debra Gomez, Antonio Esquibel, and Julia Morgan,

v.

Respondent:

Nash Finch Company, d/b/a Avanza Supermarket.

Petition for Writ of Certiorari DENIED. EN BANC.

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

Whether the court of appeals erred in holding that, as a matter of law, a trial court commits reversible error by awarding attorney fees without first calculating “lodestar” amount, based on an estimate of the reasonable number of hours worked, even where the party seeking fees failed to provide documentation sufficient for the court to make an informed estimate.


No. 13SC51

Court of Appeals Case No. 11CA2396

Petitioner/Cross-Respondent:

Linda Silveira,

v.

Respondents/Cross-Petitioners:

Colorado Springs Health Partners and American Compensation Insurance Company, and

Respondent:

Industrial Claim Appeals Office of the State of Colorado.

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


No. 13SC58

District Court, City and County of Denver, Case No. 11CV6844

Petitioner:

The People of the State of Colorado,

v.

Respondent:

Lorenzo Bonvicini.

Petition for Writ of Certiorari GRANTED. EN BANC.

Summary of Issues:

Whether a potential juror who is a privately-paid employee of a private prison is a compensated employee of a public law enforcement agency for the purposes of a challenge for cause pursuant to section 16-10-103(1)(k), C.R.S., and Crim. P. 24(b) (1) (XII).

Whether automatic reversal is required when the trial court erroneously denies a challenge for cause and the defendant then uses a peremptory challenge to remove the potential juror and exhausts his peremptory challenges.

DENIED AS TO ALL OTHER ISSUES.


No. 13SC72

Court of Appeals Case No. 11CA2401

Petitioner:

James B. Chapman, M.D.,

v.

Respondent:

Carolyn K. Harner.

Petition for Writ of Certiorari GRANTED. EN BANC.

Summary of the Issue:

Whether the court of appeals erred in holding, based on Weiss v. Axler, 137 Colo. 554, 328 P.2d 88 (1958), that res ipsa loquitur shifts the burden of proof to the defendant despite the adoption of C.R.E. 301, which provides that “a presumption . . . does not shift . . . the burden of proof.”

DENIED AS TO ALL OTHER ISSUES.


No. 13SC73

Boulder District Court Case No. 12CV926

Petitioner:

The People of the State of Colorado,

v.

Respondent:

Edward McMorris.

Petition for Writ of Certiorari DENIED. EN BANC.

JUSTICE HOBBS and JUSTICE COATS would grant as to the following issues:

Whether the lower court erred in defining the term “torture” as used in the Cruelty to Animals statute, in a way inconsistent with well-settled principles of statutory construction.

Whether the lower court erred in finding that proof of felony offense of Aggravated Cruelty to Animals requires, as an element, proof of additional “torture” beyond that required to prove the misdemeanor offence of Cruelty to Animals, when the statute already distinguishes those offenses based upon the applicable culpable mental state.

Whether, in light of the ample evidence presented at the preliminary hearing, the District Court erred when it departed from established precedent and failed to draw all inferences in favor of the People, and affirmed the County Court’s ruling of no probable cause.


No. 13SC79

Court of Appeals Case No. 12CA1411

Petitioner:

Kirk Mitchell Cito,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC100

Court of Appeals Case No. 11CA247

Petitioner:

Arturo Luna,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC116

Court of Appeals Case No. 11CA267

Petitioner:

The People of the State of Colorado,

v.

Respondent:

Brian Stockard.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC127

Court of Appeals Case No. 10CA2120

In the Matter of the Estate of Sheldon K. Beren.

Petitioners/Cross-Respondents:

Miriam Beren; Joshua Beren; Dena Grossman; the Estate of Cheryl Feldberger; and Robert Goodyear as Personal Representative of the Estate of Sheldon K. Beren;

v.

Respondent/Cross-Petitioner:

David I. Beren;

and

Respondents:

Zev Beren, Jonathan Beren, and Daniel Beren; Generation Skipping Trust (and trustees); and the Sheldon K. Beren Charitable Trust (and trustees).

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

Whether the court of appeals erred by holding, as a matter of law, that the Probate Code displaces the authority of the probate court to award an equitable adjustment supplementing a spouse’s elective share of the decedent’s estate.

Whether the court of appeals created a grave injustice by invalidating the equitable adjustment in isolation and ordering the petitioner, Miriam Beren, to return $24.5 million, plus interest, completely disregarding that the equitable award was integral to administering the estate over the course of 15 years.

Whether the court of appeals’ conclusion that interest on the repayment of the equitable adjustment cannot be awarded under a statute but instead only on restitution principles (1) conflicts with Rodgers v. Colorado Department of Human Services, 39 p.3d 1232 (Colo. App. 2001), and Tuscany, LLC v. Western States Excavating Pipe & Boring, LLC, 128 P.3d 274 (Colo. App. 2005), both of which awarded statutory interest on funds that had to be re-paid following reversal of judgments on appeal, and (2) misinterprets section 5-12-106 C.R.S. (2012), which requires payment of statutory interest on judgments reversed on appeal.

DENIED AS TO ALL OTHER ISSUES.


No. 13SC198

Court of Appeals Case No. 09CA1142

Petitioner:

The People of the State of Colorado,

v.

Respondent:

Sofio Cruz-Rosales.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC635

Court of Appeals Case No. 13CA156

Petitioner:

A.W.,

v.

Respondent:

The People of the State of Colorado, In the Interest of Minor Child: J.W.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC642

Court of Appeals Case No. 13CA156

Petitioner:

D.W.,

v.

Respondent:

The People of the State of Colorado, In the Interest of Minor Child: J.W.

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 9, 2013

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