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Colorado Supreme Court Opinions || April 14, 2014

Colorado Supreme Court -- April 14, 2014
Announcement Sheet

OPINIONS 
NONE


PETITIONS FOR REHEARING

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


2014 CO 21


Supreme Court Case No. 11SC715
Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 07CA759


Petitioner:

The People of the State of Colorado,

v.

Respondent:

Robert Sandoval-Candelaria.


Petition for Rehearing DENIED. EN BANC.


GRANTED ORIGINAL PROCEEDINGS PURSUANT TO C.A.R. 21

NONE


PETITIONS FOR WRIT OF CERTIORARI

No. 10SC877
Court of Appeals Case No. 08CA2497

Petitioner:
The People of the State of Colorado,
v.
Respondent:
Kevin Patrick Jones.

Petition for Writ of Certiorari GRANTED as to the following issue: Whether the automatic reversal rule announced in People v. Macrander, 828 P.2d 234, 244 (Colo. 1992), should be overruled.

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 People v. Novotny, 10SC377, 2014 CO 18. EN BANC.

DENIED AS TO ALL OTHER ISSUES.


No. 11SC374
Court of Appeals Case No. 09CA134

Petitioner/Cross-Respondent:
The People of the State of Colorado,
v.

Respondent/Cross Petitioner:
Raymond Betz.

Petition for Writ of Certiorari GRANTED as to the following issue: Whether the automatic reversal rule announced in People v. Macrander, 828 P.2d 234, 244 (Colo. 1992), should be overruled.

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 People v. Novotny, 10SC377, 2014 CO 18. Cross-Petition for Writ of Certiorari DENIED. EN BANC.

DENIED AS TO ALL OTHER ISSUES.


No. 11SC580
Court of Appeals Case No. 09CA2401

Petitioner:
The People of the State of Colorado,
v.
Respondent:
Jorge Orozco-Silva.

Petition for Writ of Certiorari GRANTED as to the following issue: Whether the automatic reversal rule announced in People v. Macrander, 828 P.2d 234, 244 (Colo. 1992), should be overruled.

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 People v. Novotny, 10SC377, 2014 CO 18. EN BANC.


No. 11SC644
Court of Appeals Case No. 08CA2144

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

Petition for Writ of Certiorari GRANTED as to the following issue: Whether the automatic reversal rule announced in People v. Macrander, 828 P.2d 234, 244 (Colo. 1992), should be overruled.

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 People v. Novotny, 10SC377, 2014 CO 18. EN BANC.

DENIED AS TO ALL OTHER ISSUES.


No. 11SC703
Court of Appeals Case No. 08CA2143

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

Petition for Writ of Certiorari GRANTED as to the following issue: Whether the automatic reversal rule announced in People v. Macrander, 828 P.2d 234, 244 (Colo. 1992), should be overruled.

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 People v. Novotny, 10SC377, 2014 CO 18. EN BANC.


No. 11SC930
Court of Appeals Case No. 08CA1765

Petitioner:
The People of the State of Colorado,
v.
Respondent:
Sheila Ann Trapp.

Petition for Writ of Certiorari GRANTED as to the following issue: Whether the automatic reversal rule announced in People v. Macrander, 828 P.2d 234, 244 (Colo. 1992), should be overruled.

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 People v. Novotny, 10SC377, 2014 CO 18. EN BANC.


No. 12SC570
Court of Appeals Case No. 10CA536

Petitioner:
The People of the State of Colorado,
v.
Respondent:
Miguel Antonio Espinosa.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC698
Court of Appeals Case No. 10CA832

Petitioner/Cross-Respondent:
The People of the State of Colorado,
v.

Respondent/Cross-Petitioner:
Christopher Douglas Wise.

Petition for Writ of Certiorari GRANTED as to the following issue: Whether the automatic reversal rule announced in People v. Macrander, 828 P.2d 234, 244 (Colo. 1992), should be overruled.

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 People v. Novotny, 10SC377, 2014 CO 18. Cross-Petition for Writ of Certiorari DENIED. EN BANC.

DENIED AS TO ALL OTHER ISSUES.


No. 12SC708
Court of Appeals Case No. 09CA2144

Petitioner:
The People of the State of Colorado,
v.
Respondent:
Max Anthony Maestas.

Petition for Writ of Certiorari GRANTED as to the following issue: Whether the automatic reversal rule announced in People v. Macrander, 828 P.2d 234, 244 (Colo. 1992), should be overruled.

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 People v. Novotny, 10SC377, 2014 CO 18. EN BANC.


No. 13SC137
Court of Appeals Case No. 10CA1343

Petitioner:
Stormy Ann Scott,
v.
Respondent:
The People of the State of Colorado.

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


No. 13SC138
Court of Appeals Case No. 09CA2533

Petitioner:
Turk Alan Fleischacker,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC220
Court of Appeals Case No. 11CA1925

Petitioner:
The People of the State of Colorado,
v.
Respondent:
Salvador Antonio Beserra.

Petition for Writ of Certiorari GRANTED as to the following issue: Whether the automatic reversal rule announced in People v. Macrander, 828 P.2d 234, 244 (Colo. 1992), should be overruled.

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 People v. Novotny, 10SC377, 2014 CO 18. EN BANC.


No. 13SC238
Court of Appeals Case No. 09CA1448

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

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC290
Court of Appeals Case No. 12CA934

Petitioners:
Philip Jordan and Roberta Jordan,
v.
Respondent:
Safeco Insurance Company of America, Inc.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC326
Court of Appeals Case No. 11CA1196

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

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC339
Court of Appeals Case No. 11CA1851

Petitioner/Cross-Respondent:
Laura A. Newman, LLC, d/b/a Herb’s, and d/b/a/ Herb’s Jazz & Blues,
v.
Respondent/Cross-Petitioner:
T. Lawton Roberts.

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

Summary of the Issue:

[REFRAMED ISSUE] Whether the automatic reversal rule in civil jury trials announced in Blades v. DaFoe, 704 P.2d 317 (Colo. 1985) should be overruled.


No. 13SC349
Court of Appeals Case No. 11CA1851

Petitioner:
L&H, LLC,
v.
Respondent:
T. Lawton Roberts.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC466
Court of Appeals Case No. 12CA1618

Petitioner:
Town of Milliken, a Colorado statutory municipality,
v.
Respondent:
Kerr-McGee Oil & Gas Onshore, LP, a Delaware corporation.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC485
Court of Appeals Case No. 10CA2537

Petitioner:
William Andrew Curtis,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC520
Court of Appeals Case No. 10CA95

Petitioner:
Ronald Benino Cruz,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC531
Court of Appeals Case No. 10CA1971

Petitioner:
Daniel Brian Kitzke,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC535
Court of Appeals Case No. 10CA1092

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

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC633
Court of Appeals Case No. 11CA171

Petitioner:
The People of the State of Colorado,
v.
Respondent:
Jason Allen White.

Petition for Writ of Certiorari GRANTED as to the following issue: Whether the automatic reversal rule announced in People v. Macrander, 828 P.2d 234, 244 (Colo. 1992), should be overruled.

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 People v. Novotny, 10SC377, 2014 CO 18. EN BANC.


No. 13SC733
Court of Appeals Case No. 12CA1632

Petitioners:
Timothy Wolf and Katherine Turner,
v.
Respondent:
Durango & Silverton Narrow Gauge Railroad Company, a Colorado corporation.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC781
Court of Appeals Case No. 11CA1961

Petitioner:
The People of the State of Colorado,
v.
Respondent:
Dylan Lamar Hazelwood.

Petition for Writ of Certiorari GRANTED as to the following issue: Whether the automatic reversal rule announced in People v. Macrander, 828 P.2d 234, 244 (Colo. 1992), should be overruled.

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 People v. Novotny, 10SC377, 2014 CO 18. EN BANC.


No. 14SC62
Court of Appeals Case No. 11CA2508

Petitioner:
The People of the State of Colorado,
v.
Respondent:
Lamar Luis Dominguez.

Petition for Writ of Certiorari GRANTED as to the following issue: Whether the automatic reversal rule announced in People v. Macrander, 828 P.2d 234, 244 (Colo. 1992), should be overruled.

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 People v. Novotny, 10SC377, 2014 CO 18. 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 || April 14, 2014

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