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Colorado Supreme Court Opinions || April 28, 2014

Colorado Supreme Court -- April 28, 2014
Announcement Sheet

OPINIONS

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


2014 CO 28


Supreme Court Case No. 13SA292
Interlocutory Appeal from the District Court
Arapahoe County District Court Case No. 13CR95
Honorable Marilyn Antrim, Judge


Plaintiff-Appellant:

The People of the State of Colorado,

v.

Defendant-Appellee:

Jeffrey Knedler.


Order Reversed
en banc

JUSTICE HOOD delivered the Opinion of the Court.


PETITIONS FOR REHEARING

NONE


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

NONE


PETITIONS FOR WRIT OF CERTIORARI

No. 12SC705
Court of Appeals Case No. 10CA1952

Petitioner:
Carl Erik Parker,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari GRANTED as to the following issue: Whether an indigent defendant’s request for a 30-day continuance to retain counsel of choice should be granted where there is nothing in the record to support a finding of dilatory purpose.

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. Brown, 11SC441, 2014 CO 25.

DENIED AS TO ALL OTHER ISSUES.


No. 13SC156
Court of Appeals Case No. 10CA177

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

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC281
Court of Appeals Case No. 10CA418

Petitioner:
Theresa Marie Apodaca-Zambori,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari GRANTED. EN BANC.

Summary of the Issue:

[REFRAMED ISSUE] Whether the court of appeals erred in holding that the trial court’s admission of testimony regarding petitioner’s post-Miranda exercise of her right to remain silent did not violate her state and federal constitutional rights to due process and privilege against self-incrimination.

DENIED AS TO ALL OTHER ISSUES.


No. 13SC335
Court of Appeals Case No. 13CA380

Petitioner:
Albert Peter Grenier,
v.
Respondent:
The People of the State of Colorado.

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


No. 13SC358
Court of Appeals Case No. 11CA1783

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

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC368
Court of Appeals Case No. 11CA578

Petitioner:
Russell L. Tucker,
v.
Respondent:
The People of the State of Colorado.

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


No. 13SC434
Court of Appeals Case No. 12CA1813

Petitioners:
City of Golden Colorado and Jeff Hansen, in his official capacity as finance director for the City of Golden,
v.
Respondents:
Coors Brewing Company; Rocky Mountain Metal Container, LLC; and MillerCoors, LLC.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC493
Delta County District Court Case No. 12CV81

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

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC510
Court of Appeals Case No. 09CA280

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

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC528
Court of Appeals Case No. 11CA1904

Petitioner:
Charles Jeffrey McMillian,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC580
Court of Appeals Case Nos. 12CA2057 and 12CA2245

Petitioner/Cross-Respondent:
Board of Trustees of the High Plains Library District, a political subdivision of the State of Colorado,
v.
Respondent/Cross-Petitioner:
Town of Johnstown, Colorado, a political subdivision of the State of Colorado.

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


No. 13SC582
Court of Appeals Case No. 10CA1584

Petitioner:
The People of the State of Colorado,
v.
Respondent:
Lindsay Thomas Harding.

Petition for Writ of Certiorari GRANTED. EN BANC.

Summary of the Issues:

[REFRAMED]Whether the court of appeals correctly interpreted an exception to the Rape Shield Statute in holding that evidence of the victim’s prior sexual conduct with her peers provided an admissible motive to fabricate sexual assault allegations.

[REFRAMED] Whether the court of appeals correctly determined that the victim’s statements to her mother regarding the sexual assault were inadmissible under the excited utterance exception to the hearsay rule.

DENIED AS TO ALL OTHER ISSUES.


No. 13SC590
Weld County District Court Case No. 12CV631

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

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC592
Court of Appeals Case No. 11CA268

Petitioner:
Roger T. Pitcher,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC600
Weld County District Court Case No. 12CV814

Petitioner:
Carl Allen Nakagawa,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC601
Court of Appeals Case No. 11CA885

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

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC612
Court of Appeals Case No. 09CA2778

Petitioner:
Sharon Lee Parker,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC616
Yuma County District Court Case No. 12CV46

Petitioner:
Claudia Scammell-Bencomo,
v.
Respondents:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC628
Court of Appeals Case No. 11CA1938

Petitioner:
The People of the State of Colorado,
v.
Respondent:
Jeremy Douglas Gentry.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC640
Court of Appeals Case No. 12CA1289

Petitioner:
Jeffrey Frederick Kumpf,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC660
Court of Appeals Case No. 10CA1437

Petitioner:
Kevin Mark Willis,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC672
Court of Appeals Case No. 12CA1358

Petitioner:
Todd Creek Village Metropolitan District,
v.
Respondent:
Baseline Lakes, LLC.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC675
Court of Appeals Case No. 12CA1914

Petitioner:
Anthony Lucero,
v.
Respondents:
James R. Koncilja and Koncilja and Koncilja, P.C.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC678
Court of Appeals Case Nos. 12CA1116 and 12CA1117

Petitioners:
Jeff Chostner, in his official capacity as District Attorney for the Tenth Judicial District Colorado; Office of the District Attorney for the Tenth Judicial District, Colorado; and Rocky Mountain Environment and Labor Coalition,
v.
Respondents:
Colorado Water Quality Control Commission; Steven H. Gunderson, in his official capacity as the Director of the Colorado Water Quality Control Division of the Colorado Department of Public Health and Environment; and Colorado Springs Utilities.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC680
El Paso County District Court Case No. 12CV367

Petitioner:
Johnathan Young, Sr.,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC682
Court of Appeals Case No. 12CA870

Petitioner:
Patrick Santiago Sanchez,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC684
District Court, City and County of Denver, Case No. 12CV2902

Petitioner:
Frank Fisher,
v.
Respondent:
The People of the City and County of Denver.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC687
Court of Appeals Case No. 09CA2463

Petitioner:
Peter Edward Dunker,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC695
Court of Appeals Case No. 12CA1513

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

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC698
Court of Appeals Case No. 12CA371

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

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


No. 13SC701
Court of Appeals Case No. 12CA278

In re the Marriage of:
Petitioner:
Kimberly Procell,
and
Respondent:
Rupert Wayne Procell.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC707
Court of Appeals Case No. 09CA2167

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

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC710
Court of Appeals Case No. 12CA1563

Petitioner:
Graham Frandson,
v.
Respondent:
Shannon Cohen.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC721
Court of Appeals Case No. 12CA1652

Petitioner:
Marvin Eugene Brown,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC740
Court of Appeals Case No. 12CA757

Petitioner:
Todd Cox,
v.
Respondent:
Michael Desanctis.

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

JUSTICE BOATRIGHT would grant as to the following issue:

Whether the court of appeals had jurisdiction to hear defendant's appeal of the district court's denial of his 12(b)(5) motion even though that order was not considered a final order.


No. 13SC743
Court of Appeals Case No. 12CA107

Petitioner:
Samuel Merced Quintana, Jr.,
v.
Respondent:
The People of the State of Colorado.

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


No. 13SC744
Court of Appeals Case No. 11CA21

Petitioner:
Marvin Emmanuel Davis,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC746
Court of Appeals Case No. 11CA1743

Petitioner:
Juan Carlos Marin,
v.
Respondent:
The People of the State of Colorado.

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


No. 13SC760
Court of Appeals Case No. 12CA626

Petitioner:
Thomas Jefferson Ward,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC766
Court of Appeals Case No. 13CA1026

Petitioner:
Jesse Santiago Anaya,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC780
Court of Appeals Case No. 09CA2724

Petitioner:
Kimberly Ann Parker,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC784
Court of Appeals Case No. 12CA809

Petitioner:
Derrick Turner,
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 || April 28, 2014

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