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Colorado Supreme Court Opinions || February 3, 2014

Colorado Supreme Court -- February 3, 2014
Announcement Sheet

OPINIONS

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


2014 CO 6


Supreme Court Case No. 11SC289 
Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 07CA1572


Petitioner/Cross-Respondent:

The People of the State of Colorado,

v.

Respondent/Cross-Petitioner:

Marshall Adam Walker.


Judgment Affirmed
en banc

CHIEF JUSTICE RICE delivered the Opinion of the Court.
JUSTICE COATS concurs in part and dissents in part, and JUSTICE EID joins in the concurrence in part and the dissent in part.
JUSTICE BOATRIGHT does not participate.


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


2014 CO 7


Supreme Court Case No. 12SC737
Certiorari to the Court of Appeals
Court of Appeals Case No. 11CA1868


Petitioners:

City of Brighton and CIRSA,

v.

Respondent:

Helen M. Rodriguez.


Judgment Affirmed
en banc

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


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


2014 CO 8


Supreme Court Case No. 11SC157
Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 08CA1805


Petitioner:

Lessell Henry Moore,

v.

Respondent:

The People of the State of Colorado.


Judgment Affirmed
en banc

JUSTICE HOBBS delivered the Opinion of the Court.
JUSTICE COATS concurs in part and dissents in part, and JUSTICE EID joins in the concurrence in part and the dissent in part.


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


2014 CO 9


Supreme Court Case No. 13SA123 
Original Proceeding Pursuant to C.A.R. 21
Boulder County District Court Case No. 13CV30342
Honorable Maria E. Berkenkotter, Judge


In Re

Plaintiff:


The People of the State of Colorado,

v.

Defendant:

Mark Ashly Steen.


Rule Made Absolute
en banc

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


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


2014 CO 10


Supreme Court Case No. 10SC747
Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 08CA2071


Petitioner:

The People of the State of Colorado,

v.

Respondent:

Spencer Klinton Smith.


Judgment Reversed
en banc

JUSTICE BOATRIGHT delivered the Opinion of the Court.
JUSTICE HOOD concurs in the judgment.


PETITIONS FOR REHEARING

NONE


PETITIONS FOR WRIT OF CERTIORARI

No. 12SC1005
Adams County District Court Case No. 12CV839

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

Petition for Writ of Certiorari GRANTED. EN BANC.

Summary of the Issue:

Whether the district court erred when it concluded that subsection (1)(d) of C.R.S. section 18-7-301, the Public Indecency statute, was unconstitutionally vague and overbroad and affirmed the county court’s dismissal of that charge as unconstitutional.


No. 13SC165
Court of Appeals Case No. 10CA2048

Petitioner:
David Glenn Gerardi,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC393
Court of Appeals Case No. 11CA173

Petitioner:
Michael Redd,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC503
Court of Appeals Case No. 11CA2376

Petitioner:
Norman Scott Adkins,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC554
Court of Appeals Case Nos. 12CA907 & 12CA1702

Petitioners:
Merridy Kay Baker and Sue Carol Kunda,
v.
Respondents:
Wood, Ris & Hames, Professional Corporation, a Colorado professional corporation; Donald L. Cook; and Barbara L. Brundin.

Petition for Writ of Certiorari GRANTED. EN BANC.

Summary of the Issues:

Whether the court of appeals erred in determining that third-party intended beneficiaries of a deceased testator’s estate plan lack standing to pursue a claim for professional malpractice against the testator’s estate planning attorneys based on either breach of contract or professional negligence.

Whether the court of appeals erred in confusing petitioners’ claim for fraudulent concealment with the distinct tort of fraudulent misrepresentation in applying the heightened pleading requirements of C.R.C.P. 9(b) to petitioners’ concealment claim as if it were a claim for fraudulent representation.

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 || February 3, 2014

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