Search



Not a CBA Member? Join Now!
Find A Lawyer Directory
Find A Lawyer Directory
STRATUM
Find A Lawyer Directory
Know Your Judge


Colorado Supreme Court Opinions || December 9, 2013

Colorado Supreme Court -- December 9, 2013
Announcement Sheet

OPINIONS

Supreme Court of the State of Colorado

2 East 14th Avenue • Denver, Colorado 80203

2013 CO 68

Supreme Court Case No. 13SA22 
Interlocutory Appeal from the District Court
El Paso County District Court Case No. 12CR2692
Honorable Theresa M. Cisneros, Judge

Plaintiff-Appellant:
The People of the State of Colorado,
v.
Defendant-Appellee:
Jasim Mohammad Hass Ramadon.

Order Affirmed in Part and Reversed in Part
en banc

JUSTICE HOBBS delivered the Opinion of the Court.

JUSTICE EID dissents, and JUSTICE RICE and JUSTICE COATS join in the dissent.


 

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

2013 CO 69

Supreme Court Case No. 13SA194

Interlocutory Appeal from the District Court
Arapahoe County District Court Case No. 13CR164
Honorable Christopher C. Cross, Judge

Plaintiff-Appellant:
The People of the State of Colorado,
v.
Defendant-Appellee:
Khaled Zadran.

Order Reversed
en banc

JUSTICE HOBBS delivered the Opinion of the Court.


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

2013 CO 70

Supreme Court Case No. 11SC597

Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 09CA1719

Petitioner:
The People of the State of Colorado,
v.
Respondent:
Neil Eugene Roggow.

Judgment Reversed
en banc

JUSTICE MÁRQUEZ delivered the Opinion of the Court.


 

PETITIONS FOR REHEARING

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.

Petition for Rehearing DENIED. EN BANC.



 

PETITIONS FOR WRIT OF CERTIORARI

No. 12SC744

Court of Appeals Case No. 09CA2569

Petitioner:

Joaquin S. Mares,

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 issues:

Whether the court of appeals erred in concluding that petitioner’s ineffective claim regarding his counsel’s failure to offer expert evidence negating the element of deliberation was successive.

Whether counsel rendered ineffective assistance where she failed to introduce eyewitness statements from the only person who actually witnessed the whole encounter and could confirm details of petitioner’s account.


No. 12SC856

Court of Appeals Case No. 11CA1116

Petitioner:

The People of the State of Colorado,

v.

Respondent:

Antonio Aguilar.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC155

District Court, City and County of Denver, Case No. 11CV4757

Petitioner:

Jo Ann Scott,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC215

Court of Appeals Case No. 09CA1640

Petitioner:

Alberto Martinez,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC280

Court of Appeals Case No. 09CA2462

Petitioner:

The People of the State of Colorado,

v.

Respondent:

Kevin Franklin Elmarr, Sr.

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

Whether the court of appeals properly applied the alternate suspect doctrine when it determined, contrary to the trial court, that one suspect was directly connected to the crime and the other suspect’s identity was at issue.

Whether the court of appeals erroneously determined, or even decided, the threshold questions of whether the alternate suspect evidence was relevant and not unduly confusing.

Whether the court of appeals properly applied the abuse of discretion standard of review and credited the prosecution’s offer of proof.


No. 13SC321

Court of Appeals Case No. 12CA571

Petitioner:

Bachelor Gulch Operating Company, LLC,

v.

Respondents:

Board of County Commissioners of Eagle County, Colorado and Board of Assessment

Appeals, State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC323

Court of Appeals Case No. 11CA2586

Petitioner:

Adolescent and Family Institute of Colorado, Inc., a Colorado corporation,

v.

Respondent:

Colorado Department of Human Services, Division of Behavioral Health, f/k/a Alcohol

and Drug Abuse Division.

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


No. 13SC324

Court of Appeals Case No. 11CA1411

Petitioner:

Mario Mendoza,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC325

Court of Appeals Case No. 12CA1346

Petitioner:

Ronald G. Martin,

v.

Respondents:

El Paso School District No. 11, Pinnacol Assurance, and Industrial Claim Appeals Office

of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC328

Court of Appeals Case No. 11CA2016

Petitioner:

Emanuel Vernell Pittman,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC334

Court of Appeals Case No. 13CA24

In re the Marriage of:

Petitioner:

Deborah A. Heriford, by and through her conservator, Sarah Heriford,

and

Respondent:

Harold R. Heriford.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC337

Court of Appeals Case No. 11CA2138

Petitioner:

Phillip Andrew Punk, Jr.,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC338

San Juan County District Court Case No. 11M16

Petitioner:

Keith Leslie Harper,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC340

Boulder County District Court Case No. 12CV30320

Petitioner:

Karen A. Hammer,

v.

Respondent:

Midland Credit Management, Inc.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC343

Court of Appeals Case No. 09CA2388

Petitioner:

Jake Lewis Gurule,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC345

Court of Appeals Case No. 11CA2577

Petitioner:

Daniel Anthony Aragon,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC355

Court of Appeals Case No. 12CA2161

Petitioner:

Barbara K. Brown,

v.

Respondent:

The Bank of New York Mellon, f/k/a The Bank of New York, as Trustee for the

Certificate Holders of the CWABS, Inc.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC359

Court of Appeals Case No. 12CA257

Petitioner:

Patrick Youngs,

v.

Respondents:

Industrial Claim Appeals Office of the State of Colorado; White Moving & Storage, Inc.;

and Pinnacol Assurance.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC361

Court of Appeals Case No. 11CA2062

Petitioner:

Board of County Commissioners of the County of Grand, State of Colorado,

v.

Respondent:

Granby Realty Holdings, LLC, a Colorado limited liability company.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC362

Court of Appeals Case No. 11CA1034

Petitioner:

Willard Clayton Smith,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC364

Court of Appeals Case No. 11CA555

Petitioner:

Tinisha Jacquelyn Lontine,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC375

Court of Appeals Case No. 11CA1569

Petitioner:

Anthony Edward Marquez,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC376

Court of Appeals Case No. 12CA512

Petitioner:

Michael Stein,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC378

Court of Appeals Case No. 11CA1554

Petitioner:

Marcos Antonio Deleon,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC379

Court of Appeals Case No. 11CA1840

Petitioner:

Hector Alfonso Rodriquez,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC381

Court of Appeals Case No. 10CA1631

Petitioner:

Camden Fortney,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC383

Court of Appeals Case No. 11CA1015

Petitioner:

Daniel Gregory Melina, Jr.,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC391

Court of Appeals Case No. 11CA1573

Petitioner:

Michael Maxsween,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC398

Court of Appeals Case No. 11CA504

Petitioner:

Soaring Eagles Orchards, Inc.,

v.

Respondents:

Kirkpatrick Bank, f/k/a Intermountain Bank and Academy Bank, N.A.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC400

Court of Appeals Case No. 12CA250

Petitioner:

Conifer Metropolitan District,

v.

Respondent:

Tarco, Inc.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC403

Court of Appeals Case No. 11CA1378

Petitioner:

Darneau Versill Pepper,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC410

Court of Appeals Case No. 11CA615

Petitioner:

Brannan Sand and Gravel Company, LLC, a Colorado limited liability company,

v.

Respondents:

County of Gilpin, a Colorado county, acting by and through its Board of County Commissioners; Jeanne Nicholson, Ron Slinger, and Forrest Whitman, as individuals and in their official capacities as members of the Board of County Commissioners; City of Black Hawk; and Shack West, LLC.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC412

Court of Appeals Case No. 12CA71

Petitioner:

Kenneth Parris,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC413

Court of Appeals Case No. 11CA814

Petitioner:

Andrew Michael Kaywood,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC414

Court of Appeals Case No. 10CA2477

Petitioner:

The People of the State of Colorado,

v.

Respondent:

David John Heckler.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC417

Court of Appeals Case No. 11CA405

Petitioner:

Dwight Roebuck,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC418

Court of Appeals Case No. 10CA1794

Petitioner:

Kyle Sebastian Stott,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC421

Court of Appeals Case No. 12CA1451

Petitioner:

Gerry Dale Roadcap,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC422

Court of Appeals Case No. 11CA1172

Petitioner:

Rudolph A. Jackson,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC424

Court of Appeals Case No. 11CA2414

Petitioner:

Miguel Games-Perez,

v.

Respondent:

The People of the State of Colorado.

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


No. 13SC430

Court of Appeals Case No. 12CA728

Petitioner:

William Alan Maunz,

v.

Respondent:

The People of the State of Colorado.

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


No. 13SC432

Court of Appeals Case No. 10CA2670

Petitioner:

Ronald Gilbert,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC433

Court of Appeals Case No. 11CA1143

Petitioner:

Isaac Grimes,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC439

Court of Appeals Case No. 09CA2654

Petitioner:

Joseph Carlos Abeyta,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC457

Court of Appeals Case Nos. 07CA422 & 11CA725

Petitioners:

Larimer County Board of Commissioners and Grand County Board of Commissioners,

v.

Respondents:

Board of Assessment Appeals and Colorado Property Tax Administrator,

and

Respondent/Cross-Petitioner:

YMCA of the Rockies.

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


No. 13SC511

Court of Appeals Case No. 12CA76

Petitioners:

Daryl Miller, an individual, and Denver Police Protective Association, a Colorado non-

profit corporation,

v.

Respondent:

City and County of Denver, Colorado, a Colorado municipal corporation.

Petition for Writ of Certiorari DENIED. EN BANC.

CHIEF JUSTICE BENDER and JUSTICE RICE would grant as to the following issue:

Whether the court of appeals erred by determining that the Denver City Charter and the Collective Bargaining Agreement between the City of Denver and the Denver Police Protective Association created a single benefit for officers injured in the line of duty and limited that benefit to one year’s salary if the officer was physically unable to return to work at full capacity.


No. 13SC561

Boulder County District Court Case No. 12CV967

Petitioner:

Rolando Quinones,

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 || December 9, 2013

Back