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Colorado Supreme Court Opinions || June 2, 2014

Colorado Supreme Court -- June 2, 2014
Announcement Sheet

OPINIONS

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


2014 CO 42


Supreme Court Case No. 13SA33 
Original Proceeding in Discipline
Appeal from the Hearing Board, 12PDJ013


In the Matter of John R. Olsen.


Order Affirmed in Part and Vacated in Part
en banc

JUSTICE HOBBS delivered the Opinion of the Court.


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


2014 CO 43


Supreme Court Case No. 13SA276 
Interlocutory Appeal from the District Court
Arapahoe County District Court Case No. 12CR2006
Honorable John L. Wheeler, Judge


Plaintiff-Appellant:

The People of the State of Colorado,

v.

Defendant-Appellee:

Jack Lee Schaufele.


Order Affirmed
en banc

JUSTICE HOOD announced the judgment of the Court.
JUSTICE BOATRIGHT concurs in the judgment, and CHIEF JUSTICE RICE joins in the concurrence in the judgment.
JUSTICE EID dissents, and JUSTICE COATS joins in the dissent.


PETITIONS FOR REHEARING
NONE


PETITIONS FOR WRIT OF CERTIORARI

No. 12SC945
Court of Appeals Case No. 10CA1933

Petitioner:
Forrest Arnold Miller, III,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC1027
Court of Appeals Case No. 10CA788

Petitioner:
The People of the State of Colorado,
v.
Respondent:
Derrick Demetrus Wilson.

Petition for Writ of Certiorari GRANTED. EN BANC.

Summary of the Issues:

[REFRAMED ISSUE] Whether the court of appeals erred in applying Batson v.  Kentucky, 476 U.S. 79 (1986), by concluding that because a prosecutor’s race-neutral explanations for challenging a prospective juror were inconsistent with the record, the record necessarily established that those explanations were pretextual.

Whether the court of appeals failed to give deference to the trial court’s two independent reasons for determining that the trial prosecutor did not exercise a peremptory challenge on impermissible grounds.

[REFRAMED ISSUE] Whether Batson violations are subject to harmless error analysis or constitute structural error.


No. 13SC115
Court of Appeals Case No. 09CA2404

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

Petition for Writ of Certiorari GRANTED. EN BANC.

Summary of the Issue:

Whether the court of appeals erred by automatically reversing rather than remanding the case for further findings after it concluded that the trial court conducted an inadequate Batson analysis under Batson v. Kentucky, 476 U.S. 79 (1986).


No. 13SC341
Court of Appeals Case No. 10CA469

Petitioner:
Cutberto Garcia-Barrios,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.

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

Whether a trial court must grant a causal challenge to a former police officer who believes in a presumption of guilt, states he is biased in favor of prosecutors and police and against defendants, never repudiated these biases or beliefs, and did not agree to follow the law or be fair and impartial.


No. 13SC507
Court of Appeals Case No. 09CA903

Petitioner:
Eddie Lee Hopkins,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC717
Court of Appeals Case No. 11CA2356

Petitioner/Cross-Respondent:
Colorado West Insurance Services, Inc.,
v.
Respondents/Cross-Petitioners:
Malaga, LLC, a Nevada limited liability company, and Edson Hutchinson.

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

Summary of the Issues:

[REFRAMED ISSUE] Whether the court of appeals erred when it determined that Malaga could not recover certain damages from Colorado West Insurance Services, Inc. without giving Malaga an opportunity to be heard.

[REFRAMED ISSUE] Whether, as a matter of law, the policyholder waived privilege by placing protected information related to Malaga’s settlement negotiations with Old Vine and Mountain States “at issue” by asserting a negligence claim against the insurer’s agent.

DENIED AS TO ALL OTHER ISSUES.


No. 13SC838
Court of Appeals Case No. 11CA459

Petitioner:
The People of the State of Colorado,
v.
Respondent:
Reginald Marcus Porter.

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

Summary of the Issue:

Whether double jeopardy bars a new habitual criminal sentencing hearing when the trial court, prior to the People’s presentation of any habitual criminal count evidence, erroneously granted the defendant’s motion to dismiss the habitual counts.


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 || June 2, 2014

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