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Colorado Supreme Court Opinions || December 23, 2013

Colorado Supreme Court -- December 23, 2013
Announcement Sheet

OPINIONS

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


2013 CO 71


Supreme Court Case No. 13SA179

Interlocutory Appeal from the District Court
Jefferson County District Court Case No. 12CR556
Honorable Dennis Hall, Judge


Plaintiff-Appellant:

The People of the State of Colorado,


v.

Defendant-Appellee:

Jesse Lee Cunningham.


Order Reversed
en banc

JUSTICE HOBBS delivered the Opinion of the Court.


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


2013 CO 72


Supreme Court Case No. 12SC391
Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 11CA935


Petitioners:

S.W., a minor by and through his parents and next friends, David and Rhonda Wacker;
David Wacker; and Rhonda Wacker,

v.

Respondent:

Towers Boat Club, Inc.


Judgment Reversed
en banc

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


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


2013 CO 73


Supreme Court Case No. 11SA306 
Appeal from the District Court
Routt County District Court, Water Division 6, Case Nos. 09CW48 & 09CW50
Honorable Michael A. O’Hara III, Judge


Concerning the Application for Water Rights of Yellow Jacket Water Conservancy
District in Rio Blanco County

Applicant-Appellant:
Yellow Jacket Water Conservancy District,
v.
Opposers-Appellees:
Joseph E. Livingston; Barbara J. Livingston; John D. Livingston Trust; Joan P.
Livingston; Virginia L. Bean; Ted Edmonds Revocable Trust; Ruth Longwell Edmonds
Revocable Trust; C Lazy S Ranch, Inc.; David Y. Cogswell; Fawn Creek Ranch
Company; Colorado Division of Wildlife and the Wildlife Commission; Elk Creek
Ranch Development, Inc.; Elk Creek Ranch Owner’s Association; K/K Ranch, LLC;
Sleepy Cat Ranch, LLC; Western Resource Advocates; Colorado Cattlemen’s
Agricultural Land Trust; Erin Light, in her official capacity as Division Engineer for
Water Division 6; and Dick Wolfe, in his official capacity as State Engineer.


Judgment Reversed
en banc

JUSTICE BOATRIGHT delivered the Opinion of the Court.


PETITIONS FOR REHEARING

NONE


 PETITIONS FOR WRIT OF CERTIORARI

No. 13SC129
El Paso County District Court Case No. 12CV162

Petitioner:
Rodney Fannin,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC178
Court of Appeals Case No. 11CA1342

Petitioners:
William P. Settle and Corinna Settle,
v.
Respondents:
Janet M. Basinger, MD, and Valley Citizens Foundation for Health Care, Inc., d/b/a Rio Grande Hospital.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC197
Court of Appeals Case No. 12CA441

Petitioners:
Jefferson County Board of Commissioners and Board of Assessment Appeals,
v.
Respondent:
Paula M. Tormey.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC218
Court of Appeals Case No. 11CA2346

Petitioner:
Nickolay Pokatilov,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC234
Court of Appeals Case No. 11CA2293

Petitioner:
Esteban Campos-Corona,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC303
Court of Appeals Case No. 12CA452

Petitioner:
Michael Woodard,
v.
Respondent:
Snell & Wilmer, LLP, an Arizona limiting liability partnership.

Petition for Writ of Certiorari DENEID EN BANC.

CHIEF JUSTICE BENDER does not participate.


No. 13SC307
Arapahoe County District Court Case No. 12CV1435

Petitioner:
David T. O'Neal,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC309
Court of Appeals Case No. 12CA290

Petitioner:
Cathy Anne Horen,
v.

Respondent:
Brandon 2, LLC.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC353
Court of Appeals Case No. 12CA368

Petitioner:
Parag Madhusudan Sheth,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC365
Court of Appeals Case No. 10CA1275

Petitioner:
John Albert Allen,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.

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

Whether the district court plainly erred by admitting child hearsay statements which fell outside of the scope of section 13-25-129, C.R.S.

Whether prosecutorial misconduct in opening statement and closing argument mandates reversal.


No. 13SC399
Court of Appeals Case Nos. 10CA501 & 10CA527

Petitioner:
Jacob John Lahr,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC441
Court of Appeals Case No. 10CA589

Petitioner:
The People of the State of Colorado,
v.
Respondent:
Reana Corinne Renaud.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC447
Court of Appeals Case No. 11CA1786

Petitioner:
Eric Marcus Doyle,
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 erred by affirming the trial court’s order taking judicial notice under CRE 201.

DENIED AS TO ALL OTHER ISSUES.


No. 13SC465
Court of Appeals Case No. 10CA587

Petitioner:
The People of the State of Colorado,
v.
Respondent:
Eduardo Dejesus Perez.

Petition for Writ of Certiorari GRANTED. EN BANC.

Summary of Issue:

Whether the court of appeals erred in concluding Colorado’s identity theft statute, section 18-5-902, C.R.S. (2012), requires proof that the offender knew the information he exploited belonged to a real person, and if so, whether no rational juror could reasonably infer that an offender knew the social security number he used over a five-year period belonged to a real person.

DENIED AS TO ALL OTHER ISSUES.


No. 13SC473
Court of Appeals Case No. 12CA1250

Petitioner:
Plains Metropolitan District, a quasi-municipal corporation and political subdivision of the State of Colorado,
v.
Respondent:
Ken-Caryl Ranch Metropolitan District, a quasi-municipal corporation and political subdivision of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC475
Court of Appeals Case No. 11CA2515

Petitioner:
Gary Lee Coulter,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.

JUSTICE MÁRQUEZ does not participate.


No. 13SC495
Court of Appeals Case No. 11CA1206

Petitioner:
The People of the State of Colorado,
v.
Respondent:
Shannon Nelson.

Petition for Writ of Certiorari GRANTED. EN BANC.

Summary of the Issues:

Whether a criminal court has jurisdiction to order a refund of costs, fees, and restitution from the State upon defendant’s post-conviction motion in the criminal case following either his acquittal or his conviction being vacated and the prosecution electing not to retry him.

Where the court of appeals ordered the State to refund restitution, which branch of the government is responsible for the refund.

DENIED AS TO ALL OTHER ISSUES.


No. 13SC496
Court of Appeals Case No. 09CA2081

Petitioner:
The People of the State of Colorado,
v.
Respondent:
Louis Alonzo Madden.

Petitions for Writ of Certiorari GRANTED. EN BANC.

Summary of the Issue:

Whether a criminal court has jurisdiction to order a refund of costs, fees, and restitution from the State upon defendant’s post-conviction motion in the criminal case following either his acquittal or his conviction being vacated and the prosecution electing not to retry him.

DENIED AS TO ALL OTHER ISSUES.


No. 13SC499
Court of Appeals Case No. 09CA1627

Petitioner:
The People of the State of Colorado,
v.
Respondent:
Levent Ray Kutlak.

Petition for Writ of Certiorari GRANTED. EN BANC.

Summary of the Issue:

Whether the court of appeals erred by reversing the trial court’s denial of defendant’s motion to suppress statements where police officer responded to defendant’s request for counsel by telling him that it might not be possible to get defendant’s attorney to the station that day and defendant chose to talk to police without his attorney present.

DENIED AS TO ALL OTHER ISSUES.


No. 13SC529
Court of Appeals Case No. 11CA177

Petitioner:
Keven John Benioh,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC536
Court of Appeals Case No. 11CA1520

Petitioner:
Justyn E. Tyme,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.

JUSTICE COATS would grant as to the following issue:

Whether a sexual assault nurse examiner’s testimony and report concerning the alleged victim’s statements during the exam is inadmissible hearsay not subject to the exception of CRE 803(4) because those statements are not made for purposes of diagnosis or treatment, but rather for evidence gathering for a future prosecution.


No. 13SC569
Court of Appeals Case No. 11CA1693

Petitioner:
Celestino Quintana,
v.
Respondent:
The People of the State of Colorado.

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


No. 13SC603
Court of Appeals Case No. 12CA1517

Petitioners/Cross-Respondents:
Kochevar Enterprises, Inc. and Jean Kochevar,
v.
Respondents/Cross-Petitioners:
Chris Haiskey and Cris Haiskey,

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

JUSTICE MÁRQUEZ does not participate.


No. 13SC920
Court of Appeals Case No. 13CA854

Petitioner:
B. H.,
v.
Respondent:
The People of the State of Colorado,
In the Interest of Minor Children: K. K. and A. K.

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 23, 2013

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