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Colorado Supreme Court Opinions || November 12, 2013

Colorado Supreme Court -- November 12, 2013
Announcement Sheet

OPINIONS

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


2013 CO 64


Supreme Court Case No. 11SC813 
Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 10CA1805


Petitioner:
The People of the State of Colorado,
v.
Respondent:
$11,200.00 U.S. Currency and Bradley Edward Strand.


Judgment Reversed
en banc

CHIEF JUSTICE BENDER delivered the Opinion of the Court.


 


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


2013 CO 65


Supreme Court Case No. 13SA107

Original Proceeding Pursuant to C.A.R. 21
Adams County District Court Case No. 10JD700


In Re:
Petitioner:

The People of the State of Colorado,
In the Interest of Child:
A. A.


Rule Discharged
en banc

JUSTICE COATS delivered the Opinion of the Court.


 


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


2013 CO 66


Supreme Court Case No. 13SA114
Interlocutory Appeal from the District Court
Mesa County District Court Case No. 12CR936
Honorable David A. Bottger, Judge


Plaintiff-Appellant:
The People of the State of Colorado,
v.
Defendant-Appellee:
Shaun Michael Crum.


Order Reversed
en banc

JUSTICE EID delivered the Opinion of the Court.


PETITIONS FOR REHEARING
NONE


PETITIONS FOR WRIT OF CERTIORARI

No. 12SC156

Court of Appeals Case No. 09CA487

Petitioner:

Joel M. Stovall,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC585

Court of Appeals Case No. 09CA1747

Petitioner:

Charles Dean,

v.

Respondent:

The People of the State of Colorado.

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

Whether the court of appeals reversibly erred by holding that it does not violate the equal protection clauses of the United States and Colorado Constitutions to sentence a habitual offender, who was convicted of second degree murder and has no prior violent felony convictions, more harshly than if he had prior violent felony convictions.


No. 12SC794

Court of Appeals Case No. 08CA2039

Petitioner:

Brandon Scott Moore,

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 trial court erred by allowing the prosecution’s expert witnesses to testify that the victim’s injuries resulted from “purposefully inflicted” “nonaccidental trauma,” and “intentional injury,” thus exceeding the scope of their expertise under CRE 702/704 and usurping the jury’s role to determine the defendant’s culpable mental state.

Whether the cumulative effect of the prosecutor’s misconduct in closing argument denied petitioner his constitutional rights to due process and a fair trial by an impartial jury.


No. 12SC990

Court of Appeals Case No. 09CA879

Petitioner:

Michael Lee Kutz,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC996

Court of Appeals Case No. 11CA2367

Petitioner:

Tulips Investments, LLC,

v.

Respondents:

State of Colorado ex rel. John W. Suthers, Attorney General for the State of Colorado

and Laura E. Udis, Administrator, Uniform Consumer Credit Code.

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

Whether the court of appeals erred in holding that the district court had jurisdiction to order petitioner to comply with an administrative subpoena that was served up on petitioner in Delaware, requiring petitioner to produce documents at the office of the Attorney General in Colorado or face punishment for contempt.

Whether the court of appeals erred in holding that the Uniform Interstate Depositions and Discovery Act, C.R.S. section 13-90.5-101 et seq., does not provide a means by which the production of the documents sought by the subpoena could have been obtained with the assistance of a Delaware court.


No. 13SC147

Court of Appeals Case No. 09CA1687

Petitioner:

Diego Olmos Alcalde,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC216

Court of Appeals Case No. 11CA241

Petitioner:

The People of the State of Colorado,

v.

Respondent:

David Will Corson.

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

Summary of the Issues:

Whether the court of appeals erred when it reversed the district court’s order by carving out an exception to the holding in United States v. Ruiz, 536 U.S. 622 (2002), that the Government is not required to disclose material impeachment evidence prior to entering into a plea agreement with a criminal defendant.

Whether the court of appeals erred as a matter of law when it interpreted Crim. P. 16 in a novel way to conclude that a juvenile adjudication is part of a witness’s criminal history, thereby broadly expanding the prosecution’s duty to disclose juvenile adjudications.

Whether the court of appeals erred as a matter of law when it concluded that Strickland  v. Washington, 466 U.S. 668 (1984), applies to a collateral attack on a guilty plea based on evidence discovered after the guilty plea was entered.


No. 13SC278

Court of Appeals Case No. 12CA677

Petitioner:

CTS Investments, LLC,

v.

Respondents:

Garfield County Board of Equalization and Board of Assessment Appeals.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC279

Court of Appeals Case No. 12CA678

Petitioner:

CVR Investors, Inc.,

v.

Respondents:

Garfield County Board of Equalization and Board of Assessment Appeals.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC306

Court of Appeals Case No. 11CA2141

Petitioner:

Sara L. Burnett,

v.

Respondent:

State of Colorado, Department of Natural Resources, Division of Parks and Outdoor

Recreation.

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

Whether the court of appeals erred in concluding that the government did not waive immunity under section 24-10-106(1)(e), C.R.S. (2013), of the Colorado Government Immunity Act, for injuries caused by a tree limb that fell on a camper in an improved campsite in a state park.


No. 13SC322

Court of Appeals Case Nos. 11CA2202 & 12CA192

In re the Marriage of: Petitioner:

Charles B. Bruce, Jr., and

Respondent:

Regina T. Drexler.

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


No. 13SC456

Court of Appeals Case No. 11CA676

Petitioner:

Kevin Edward Sterns,

v.

Respondent:

The People of the State of Colorado.

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

JUSTICE COATS would grant as to the following issue:

Whether section 18-1-1001(1), C.R.S. (2013), authorizes a district court to issue a mandatory protection order when it dismisses a charge alleging a specific victim.


No. 13SC742

Court of Appeals Case No. 13CA1661

Petitioners:

DSS Uniter, LLC; Dillards Properties, Inc.; Dillard Texas South, LLC; Condev West, Inc.,

n/k/a Dillard Store Services, Inc.,

v.

Respondent:

Longmont Urban Renewal Authority.

Petition for Writ of Certiorari Pursuant to C.A.R. 50 DENIED. EN BANC.


No. 13SC806

Court of Appeals Case No. 12CA2266

Petitioner:

K.S.,

v.

Respondent:

The People of the State of Colorado,

In the Interest of Minor Children: A.S. and D.S.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC820

Court of Appeals Case No. 13CA855

Petitioner:

F.W.,

v.

Respondent:

The People of the State of Colorado,

In the Interest of Minor Child: M.C.-D.G.

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 || November 12, 2013

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