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Colorado Supreme Court Opinions || November 25, 2013

Colorado Supreme Court -- November 25, 2013
Announcement Sheet

OPINIONS

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


2013 CO 67


Supreme Court Case No. 12SA13 
Appeal from the District Court
Water Division 1, Case No. 10CW89
Honorable James F. Hartmann, Judge


Plaintiffs-Appellees:

Pawnee Well Users, Inc.; The Harmony Ditch Company; City of Boulder; Centennial
Water and Sanitation District; Natural Soda, Inc.; Purgatoire River Water Conservancy
District; City of Sterling; William S. Vance, Jr.; Elizabeth S. Vance; James G. Fitzgerald;
Mary Theresa Fitzgerald; San Juan Citizen's Alliance; Oil and Gas Accountability
Project; Vista Pacifica, LLC; Dale Bell; Simon Land & Cattle Co.; James Benesch; Diane
Benesch; Mike Meschke; LLH Operations, LLLP; Sheryl Cantalano; and Earthworks Oil
and Gas Accountability,

and

Plaintiffs-Appellees-Intervenors:

David C. Black; Lallie Lee Black; Margaret Kral; Bruce Baizel; Lucy Baizel; Jim Jefferson; Big Stick Ditch Company; Colonel Alfred Wagstaff & Associates, LLC; and Huntington Ranches, LLC,

 

v.
Defendant-Appellant:
Dick Wolfe, in his capacity as State Engineer,
and
Defendant-Appellant-Intervenor:
Southern Ute Indian Tribe,
and
Defendants-Appellants-Intervenors:

BP America Production Company; XTO Energy Inc.; ConocoPhillips Company;
Chevron U.S.A., Inc. and its Affiliates Chevron Midcontinent, L.P. and Four Star Oil &
Gas Company; Samson Resources Company; Energen Resources Corporation; Colorado
Oil and Gas Association; and Colorado Petroleum Association,

and

Defendants-Appellees-Intervenors:

El Paso E&P Company, L.P.; Anadarko Petroleum Corporation; EOG Resources, Inc.; K.
P. Kauffman Company, Inc.; Petroleum Development Corporation; EnCana Oil & Gas
(U.S.A.) Inc.; Noble Energy, Inc.; Diamond Operating, Inc.; Gunnison Energy
Corporation; and Pioneer Natural Resources USA, Inc.


Order Reversed
en banc

JUSTICE EID delivered the Opinion of the Court.


PETITIONS FOR REHEARING

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.


Petition for Rehearing DENIED. EN BANC.


PETITIONS FOR WRIT OF CERTIORARI

No. 12SC854

Court of Appeals Case No. 10CA690

Petitioner:

Linwood Richard Halliburton,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No.12SC914

Court of Appeals Case No. 10CA2541

Petitioner:

Alexander Grant Poe,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC924

Court of Appeals Case No. 08CA2175

Petitioner:

Darrell Anderson,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.

CHIEF JUSTICE BENDER and JUSTICE MÁRQUEZ would grant as to the following issues:

Whether the court of appeals erred by affirming the district court’s ruling based on the procedural default rule of Crim. P. 35(c)(VII), when the pro se litigant was never appointed counsel in the district court to assist in defending against this procedural bar, when 35(c)(VII) was not the basis for the district court’s ruling, and when the court of appeals acknowledged the arguable merit of the litigant’s actual claim of innocence.

Whether, in the absence of appointed counsel and an evidentiary hearing, the district court erred by denying the indigent, pro se litigant’s Crim. P. Rule 35(c) motion arguing that he had no duty to register as a sex offender based on his 1992 offenses, and alleging ineffective assistance of counsel.


No. 12SC966

Court of Appeals Case No. 08CA2327

Petitioner:

William Costello Scott,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari GRANTED. EN BANC.

Summary of the Issue:

Whether, contrary to this court’s decision in Lucero v. People, 272 P.3d 1063 (Colo. 2012), the court of appeals erred by refusing to address whether the menacing conviction was a lesser included offense of aggravated robbery-menaced with a deadly weapon, and failing to order that the menacing conviction be vacated.

DENIED AS TO ALL OTHER ISSUES.

CHIEF JUSTICE BENDER would also grant as to the following issue:

Whether the court of appeals erred in concluding that a mistrial was not required where a police officer testified that his investigation revealed petitioner had an arrest and criminal “history.”


No. 13SC68

Court of Appeals Case No. 09CA137

Petitioner:

Deborah Lee Nicholls,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari GRANTED. EN BANC.

Summary of the Issues:

Whether hearsay statements which shift blame to the accused are admissible as statements against interest.

Whether it was error to admit evidence that petitioner’s second child died from SIDS. DENIED AS TO ALL OTHER ISSUES.

CHIEF JUSTICE BENDER would also grant as to the following issue:

Whether the court erred in allowing witnesses to comment on the veracity of other witnesses.


No. 13SC211

Court of Appeals Case No. 12CA634

Petitioner:

Erik Jensen,

v.

Respondent:

The People of the State of Colorado.

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

Summary of the Issue:

Whether the district court’s determination that petitioner’s life without parole sentence was unconstitutional under the Eighth Amendment and Art. II, section 20, Colo. Const., because he was a juvenile when the crime was committed, and, assuming the sentence is invalid, what is the appropriate remedy.


No. 13SC255

Court of Appeals Case No. 10CA417

Petitioner:

Joseph Ray Bryant,

v.

Respondent:

The People of the State of Colorado.

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


No. 13SC336

Court of Appeals Case No. 11CA794

Petitioner:

David Robert Chacon,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC448

Court of Appeals Case No. 10CA1349

Petitioner/Cross-Respondent:

Eric J. Torrez,

v.

Respondent/Cross-Petitioner:

The People of the State of Colorado.

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


No. 13SC481

Court of Appeals Case No. 10CA900

Petitioner:

Pedro Brian Calzada,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC861

Court of Appeals Case No. 13CA764

Petitioner:

E.D.S.,

v.

Respondent:

The People of the State of Colorado,

In the Interest of Minor Child: C.F.S.

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 25, 2013

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