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Colorado Supreme Court Opinions || October 22, 2013

Colorado Supreme Court -- October 22, 2013
Announcement Sheet

OPINIONS


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


2013 CO 60


Supreme Court Case No. 12SC139

Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 10CA2039


Petitioner:
Bristol Bay Productions, LLC, f/k/a Crusader Entertainment, LLC,
v.
Respondents:
Peter Lampack; The Peter Lampack Agency, Inc.; Simon & Schuster, Inc.;
and Penguin Group USA, Inc.


Judgment Affirmed in Part and Reversed in Part
en banc

CHIEF JUSTICE BENDER delivered the Opinion of the Court.
JUSTICE RICE dissents, and JUSTICE MÁRQUEZ and JUSTICE BOATRIGHT join in the dissent.


 

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


2013 CO 61


Supreme Court Case No. 13SA113

Original Proceeding Pursuant to C.A.R. 21
Chaffee County District Court Case No. 12CR72
Honorable Charles Barton, Judge


In Re:
Plaintiff:
The People of the State of Colorado,
v.
Defendant:
Paul Lesley Voth.


Rule Made Absolute
en banc

JUSTICE RICE delivered the Opinion of the Court.


 

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


2013 CO 62


Supreme Court Case No. 13SA214
Original Proceeding Pursuant to Article VI, Section 3
of the Constitution of the State of Colorado


In Re: Interrogatory Propounded by

Governor John Hickenlooper Concerning the Constitutionality of Certain Provisions of
Article XXI, § 3 of the Constitution of the State of Colorado.


Governor’s Interrogatory Answered in the Negative
en banc

JUSTICE RICE delivered the Opinion of the Court.
JUSTICE MÁRQUEZ dissents, and JUSTICE COATS joins in the dissent.

 


PETITIONS FOR REHEARING
NONE


PETITIONS FOR WRIT OF CERTIORARI

No. 12SC833

Court of Appeals Case No. 09CA1745

Petitioner/Cross-Respondent:

Jeff Anthony Casias,

v.

Respondent/Cross-Petitioner:

The People of the State of Colorado.

Petition and Cross-Petition for Writ of Certiorari DENIED. EN BANC. CHIEF JUSTICE BENDER would grant as to the following issue:

Whether the court of appeals erred in construing the trial court’s exclusion of defendant’s critical expert testimony as merely a discretionary matter, without any further consideration or analysis.


No. 12SC923

Court of Appeals Case No. 10CA2142

Petitioner:

Donald Cordell Robinson,

v.

Respondent:

The People of the State of Colorado.

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

CHIEF JUSTICE BENDER would grant as to the following issue:

Whether the court of appeals’ reliance on the harmless error doctrine was an abuse of discretion given the long line of cases which disallow an expert’s opinion in a sex assault case that only 1% to 3% of children fabricate a false allegation of sexual abuse, especially where a pretrial objection was made, the trial court determined the expert opinion was inappropriate and highly prejudicial, a trial objection was made, and two trials were held and one of the only differences between trial one which ended in a hung jury and trial two which ended in a conviction and a life sentence was this inappropriate expert opinion.


No. 12SC991

Court of Appeals Case No. 10CA828

Petitioner:

Norberto Abundez,

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 the trial court committed reversible error by referring to the jurors by numbers, which created an impression, reinforced by the trial court's failure to explain its policy and a witness who demanded “protection,” that petitioner was a dangerous man and violated petitioner's right to a presumption of innocence.


No. 13SC104

Court of Appeals Case No. 08CA1697

Petitioner:

Ronald Jason Francis,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC134

Court of Appeals Case No. 11CA2184

Petitioner:

William J. Hunsaker, Jr.,

v.

Respondent:

The People of the State of Colorado.

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

Whether the acknowledged illegality of a sentence on one count renders the entire sentence illegal and entitles a defendant to resentencing on all counts of conviction.

Whether, where a defendant is entitled to be resentenced due to the illegality of a sentence on one count, the resentencing court has jurisdiction to reconsider and reduce the sentence on another count of conviction pursuant to Crim. P. 35(b).

Whether the prosecution may appeal the propriety of a legal sentence entered on resentencing.

Whether, as a matter of first impression, a minimum term in the aggravated range for an indeterminate life sentence on a conviction for sexual assault of a child—pattern of abuse a legal is a legal sentence when there has been no finding of aggravated circumstances.


No. 13SC175

Court of Appeals Case No. 11CA2183

Petitioner:

Kim Ziwak,

v.

Respondents:

Director, Division of Registrations; Department of Regulatory Agencies; and Office of

Massage Therapist Registration.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC317

Court of Appeals Case No. 11CA1377

Petitioner:

Craig McKensie Fair,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC458

Court of Appeals Case No. 10CA1330

Petitioner:

Alvin D. Sartain,

v.

Respondent:

The People of the State of Colorado.

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 || October 22, 2013

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