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Colorado Supreme Court Opinions || March 3, 2014

Colorado Supreme Court -- March 3, 2014
Announcement Sheet

OPINIONS

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


2014 CO 15


Supreme Court Case No. 12SC736 
Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 11CA1770


Petitioners:

City and County of Denver, and Alex J. Martinez, in his official capacity as Manager of
Safety for the City and County of Denver,

v.

Respondent:

Denver Firefighters Local No. 858, IAFF, AFL-CIO.


Judgment Reversed
en banc

CHIEF JUSTICE RICE delivered the Opinion of the Court.
JUSTICE MÁRQUEZ does not participate.


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


2014 CO 16


Supreme Court Case No. 10SC688
Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 09CA1081


Petitioner:

Atlantic Richfield Company,

v.

Respondent:

Whiting Oil and Gas Corporation, f/k/a Equity Oil Company.


Judgment Affirmed
en banc

JUSTICE MÁRQUEZ delivered the Opinion of the Court.


PETITIONS FOR REHEARING

NONE


PETITIONS FOR WRIT OF CERTIORARI

No. 11SC544
Court of Appeals Case No. 07CA2075

Petitioner:
William Todd Barnett,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.

JUSTICE MÁRQUEZ and JUSTICE HOOD would grant as to the following issue:

Whether the Colorado Sex Offender Lifetime Supervision Act of 1998 is unconstitutional.


No. 12SC674
Court of Appeals Case No. 10CA477

Petitioner:
Jonathan Daniel Hayes,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC680
Court of Appeals Case No. 07CA717

Petitioner:
Vincent Reginald Ortiz,
v.
Respondent:
The People of the State of Colorado.

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


No. 12SC845
Court of Appeals Case No. 10CA2301

Petitioner:
Henry Chris Urrutia,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari GRANTED as to the following issue: Whether the court of appeals erred when it held that the trial court’s defective advisement pursuant to People v. Curtis, 681 P.2d 504 (Colo. 1984) did not rise to the level of plain error requiring remand to the trial court for a determination of the effect of the improper advisement on the defendant’s decision to testify. The judgment of the Colorado Court of Appeals is vacated, and the case is remanded to the Colorado Court of Appeals for reconsideration in light of Moore v. People, 11SC157, 2014 CO 8. EN BANC.

DENIED AS TO ALL OTHER ISSUES.


No. 13SC235
Court of Appeals Case No. 11CA2459

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

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC240
Court of Appeals Case No. 10CA170

Petitioner:
Christine Michelle Vinson,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC241
Court of Appeals Case No. 11CA1802

Petitioner:
Peter Leo Dinkel,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC372
Court of Appeals Case No. 07CA1878

Petitioner:
Howell Franklin Roberts, III,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC385
Court of Appeals Case No. 09CA1523

Petitioner:
James Whitler,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.

JUSTICE HOBBS and JUSTICE HOOD would grant as to the following issue:

Whether a defendant’s unequivocal invocation of his right to remain silent with one officer was “scrupulously honored” where minutes later a second officer whom the defendant personally knew proposed to lessen defendant’s discomfort if defendant would speak with him at the police station.


No. 13SC428
Court of Appeals Case No. 09CA1094

Petitioner:
William K. Shipp, III,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC515
Court of Appeals Case No. 11CA1940

Petitioner:
The People of the State of Colorado,
v.
Respondent:
R. C.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC547
Court of Appeals Case No. 11CA1687

Petitioner:
Vincente Mendez,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC549
Douglas County District Court Case No. 12CV2450

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

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC728
Court of Appeals Case No. 13CA519

Petitioners:
S K Peightal Engineers LTD, a Colorado corporation; Hepworth Pawlak Geotechnical Inc.; Steve Pawlak; and Daniel E. Hardin,
v.
Respondent:
Mid Valley Real Estate Solutions V, LLC, a Colorado limited liability company.

Petition for Writ of Certiorari GRANTED. EN BANC.

Summary of the Issues:

[REFRAMED ISSUE 1] Whether the economic loss rule bars a homeowner’s negligence claim against a construction professional when the owner is a commercial entity rather than a natural homebuyer.

[REFRAMED ISSUE 2] Whether the interrelated contract doctrine as defined in BRW, Inc. v. Dufficy & Sons, Inc., 99 P.3d 66 (Colo. 2004), can apply to a wholly-owned subsidiary that did not exist when the initial contracts were drafted but instead was created after work on the relevant contracts had been completed.

DENIED AS TO ALL OTHER ISSUES.


No. 14SC57
Court of Appeals Case No. 13CA1280

Petitioners:
A.H. and B.G.,
v.
Respondent:
The People of the State of Colorado,
In the Interest of Minor Child: M.G.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 14SC68
Court of Appeals Case No. 13CA908

Petitioner:
R.M.,
and
Co-Petitioner:
C.H.,
v.
Respondent:
The People of the State of Colorado,
In the Interest of Minor Children: J.S.M. and J.M.H.

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


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 || March 3, 2014

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