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Colorado Supreme Court Opinions || November 18, 2013

Colorado Supreme Court -- November 18, 2013
Announcement Sheet

OPINIONS
NONE


PETITIONS FOR REHEARING
NONE


PETITIONS FOR WRIT OF CERTIORARI

No. 12SC999

Court of Appeals Case No. 11CA2495

Petitioner:

Erik Sigurdson Rockne,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC131

Court of Appeals Case No. 11CA1829

Petitioners:

Christopher Boyer and Patrick Singson,

v.

Respondent:

Health Grades, Inc., a Colorado corporation.

Petition for Writ of Certiorari GRANTED. EN BANC.

Summary of the Issues:

Whether the court of appeals erred in holding that a private employer’s lawsuit against two former employees, brought for improper purposes in a purely private dispute, is petitioning activity entitled to protection under the First Amendment and the “heightened standard” set out in Protect Our Mountain Environment (“POME”) v.  District Court, 677 P.2d 1361 (Colo. 1984).

Whether the court of appeals erred in holding that, under POME’s heightened standard, the trial court rather than the jury must determine, based on its own consideration of all the evidence submitted at trial, whether claims are devoid of a reasonable factual basis.

Whether the court of appeals erred in holding that, to prevail on their abuse of process claim under POME’s heightened standard, petitioners must show that all of respondent’s claims in this lawsuit are either devoid of any reasonable factual basis or without a cognizable legal basis.

Whether the court of appeals, after rejecting respondent’s sole argument on appeal, abused its discretion in ruling, sua sponte, that the judgment must nevertheless be reversed and the case remanded for the trial court to determine whether any of respondent’s claims had a reasonable factual and legal basis.


No. 13SC208

Court of Appeals Case No. 11CA962

Petitioner:

Ronald Kenneth Gonzales, Jr.,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC. JUSTICE MÁRQUEZ would grant as to the following issue:

Whether the court of appeals misanalysed petitioner’s right to a unanimous verdict, erroneously relying on the theory of defense rather than on the evidence presented by the prosecution, thereby violating his right to a unanimous jury verdict.


No. 13SC210

Court of Appeals Case No. 11CA2217

Petitioner:

L.H.,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC222

Court of Appeals Case No. 12CA912

Petitioner:

Larry Gordon,

v.

Respondent:

Red Sky Homeowners Association.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC224

Court of Appeals Case No. 11CA2353

In re the Marriage of:

Petitioner:

N. Elizabeth Forno,

and

Respondent:

Christopher P. Forno.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC230

Court of Appeals Case No. 12CA1154

Petitioner:

James M. Sullivan,

v.

Respondent:

Denver Country Club.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC236

Court of Appeals Case No. 12CA228

Petitioner:

Jane Baldwin,

v.

Respondents:

Industrial Claim Appeals Office of Colorado, Air Wisconsin Airlines Corp., and ACE.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC250

Court of Appeals Case No. 12CA144

Petitioner:

Alan Swendra,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.

JUSTICE MÁRQUEZ does not participate.


No. 13SC251

Court of Appeals Case No. 10CA1951

Petitioner:

Alejandro Rojas-Bravo,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC252

Court of Appeals Case No. 10CA2483

Petitioner:

The People of the State of Colorado,

v.

Respondent:

Albert Maldonado.

Petition for Writ of Certiorari DENIED. EN BANC.

JUSTICE BOATRIGHT would grant as to the following issue:

Whether the court of appeals erred in reversing defendant's second degree assault conviction on the grounds that the trial court abused its discretion in admitting an eight-second surveillance video showing defendant assaulting the victim.


No. 13SC254

Court of Appeals Case No. 10CA1375

Petitioner:

Phillip Romero,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC259

Court of Appeals Case No. 11CA179

Petitioner:

Roger Lee Nanninga,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC260

Court of Appeals Case No. 12CA1335

Petitioner:

Tommy Edward Cowart,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC261

Boulder County District Court Case No. 12CV594

Petitioner:

Hunter James Stevenson,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC263

Court of Appeals Case No. 10CA830

Petitioner:

David Lee Griffin,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC264

Court of Appeals Case No. 12CA886

Petitioner:

Airrik Russell, a/k/a Donnie E. Russell,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.

JUSTICE COATS does not participate.


No. 13SC267

District Court, City and County of Denver, Case No. 12CV3426

Petitioner:

Jason Sheak,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC269

Court of Appeals Case No. 10CA1046

Petitioner:

James William Lohman, Jr.,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC271

Court of Appeals Case No. 11CA1184

Petitioner:

James Moore,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC276

Court of Appeals Case No. 10CA2577

Petitioner:

Jesus Rodriguez, Jr.,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC282

Court of Appeals Case No. 10CA1199

Petitioner:

David Puga-Martinez,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC283

Court of Appeals Case No. 12CA712

Petitioner:

Timothy Allen Browne,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC285

Court of Appeals Case No. 10CA537

Petitioner:

Vincente Salas Santos, Jr.,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC288

Court of Appeals Case No. 11CA1608

Petitioner:

James Sims,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC291

Court of Appeals Case No. 10CA683

Petitioner:

Robert Chance Haskett,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC298

Court of Appeals Case No. 12CA272

Petitioner:

Jason Hogan,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC299

Court of Appeals Case No. 10CA2453

Petitioner:

Kelly Ray Oslund,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC300

Court of Appeals Case No. 11CA223

Petitioner:

Shane E. Johnson,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC304

Court of Appeals Case No. 12CA927

Petitioner:

Chaffee County Board of Equalization,

v.

Respondents:

Jason W. Bradford, Dale Anthony Bradford Trust, Karen Jo Harper Bradford Trust,

Tony Bradford, Karen Bradford, and Board of Assessment Appeals.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC305

Court of Appeals Case No. 10CA1150

Petitioner:

Jeremy James Mack,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC310

Court of Appeals Case No. 12CA1410

Petitioner:

William D. Bontrager,

v.

Respondent:

BP America Production Company.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC313

Court of Appeals Case No. 11CA1038

Petitioner:

Kolt Brandon Blackston,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC315

Douglas County District Court Case No. 12CV1786

Petitioner:

Neal Don House,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC316

Court of Appeals Case No. 10CA1305

Petitioner:

Vinh Tran Nguyen,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.

JUSTICE BOATRIGHT does not participate.


No. 13SC318

Court of Appeals Case No. 10CA1754

Petitioner:

Sandra Buechner-Withers,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC319

Court of Appeals Case No. 11CA540

Petitioner:

Kindu Jubar Ealey,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC829

Court of Appeals Case No. 13CA470

Petitioner:

A.W.,

v.

Respondent:

The People of the State of Colorado,

In the Interest of Minor Children: J.W. and A.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 || November 18, 2013

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