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Colorado Supreme Court Opinions || June 16, 2014

Colorado Supreme Court -- June 16, 2014
Announcement Sheet

OPINIONS

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


2014 CO 44


Supreme Court Case No. 12SC783 
Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 11CA2405


Petitioner:

Scott Gessler, in his official capacity as Colorado Secretary of State,
v.

Respondents:

Colorado Common Cause and Colorado Ethics Watch.


Judgment Affirmed
en banc

CHIEF JUSTICE RICE delivered the Opinion of the Court.
JUSTICE EID concurs in part and dissents in part.

JUSTICE HOOD concurs in part and dissents in part.


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


2014 CO 45


Supreme Court Case No. 13SA97
Original Proceeding Pursuant to C.A.R. 21
District Court, City and County of Denver, Case No. 10CR10309
Honorable John W. Madden, IV, Judge


In Re:

Plaintiff:


The People of the State of Colorado,

v.

Defendant:

Alan DeAtley.


Rule Made Absolute
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 dissent in part.


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


2014 CO 46


Supreme Court Case No. 11SC889 
Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 10CA668


Petitioners:

Jason L. Kelly, M.D. and Mauricio L. Waintrub, M.D.,

v.

Respondent:

Vasilios Haralampopoulos, by his guardian John Haralampopoulos.


Judgment Reversed
en banc

JUSTICE EID delivered the Opinion of the Court.
CHIEF JUSTICE RICE concurs in the judgment, and JUSTICE HOBBS and JUSTICE COATS join in the concurrence of the judgment.


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


2014 CO 47


Supreme Court Case No. 13SA102
Original Proceeding Pursuant to C.A.R. 21
Pueblo County District Court No. 05CR1210
Honorable Victor Reyes, Judge


In Re:

Plaintiff:

The People of the State of Colorado,

v.

Defendant:

Robert S. Storlie.


Rule Made Absolute
en banc

JUSTICE EID delivered the Opinion of the Court.


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


2014 CO 48


Supreme Court Case No. 11SC351
Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 08CA2694


Petitioner:

The People of the State of Colorado,

v.

Respondent:

Carey Andre Griffin.


Appeal Dismissed
en banc

JUSTICE MÁRQUEZ delivered the Opinion of the Court.


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


2014 CO 49


Supreme Court Case No. 12SC299 
Certiorari to the Adams County District Court
Adams County District Court Case No. 11CV1350


Petitioner:

Peter Gregory Cain,

v.

Respondent:

The People of the State of Colorado.


Order Reversed
en banc

JUSTICE BOATRIGHT delivered the Opinion of the Court.


PETITIONS FOR REHEARING

NONE


PETITIONS FOR WRIT OF CERTIORARI

No. 13SC172
Court of Appeals Case No. 09CA1609

Petitioner:
Edward L. Castleberry,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC470
Court of Appeals Case No. 08CA1834

Petitioner:
Gregory Mark Owens,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC480
Court of Appeals Case No. 11CA1939

Petitioner:
Vanessa Ann Zubiate,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari GRANTED. EN BANC.

Summary of Issues:

Whether the court of appeals erred, and created a split of authority, when it concluded that driving under revocation is not a lesser-included offense of driving after revocation prohibited.

[ADDITIONAL ISSUE] Whether standard of review applies where a defendant claims that a failure to merge a lesser-included offense violates his Fifth Amendment protection against double jeopardy, but failed to raise the issue at trial.

DENIED AS TO ALL OTHER ISSUES.


No. 13SC679
Logan County District Court Case No. 12CV115

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

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC686
Court of Appeals Case No. 11CA791

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

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


No. 13SC699
Court of Appeals Case No. 12CA910

Petitioner:
Corey T. Bunk,
v.
Respondent:
BNSF Railway Company.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC700
Court of Appeals Case No. 12CA622

Petitioner:
Tony A. Bunce,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari GRANTED. EN BANC.

Summary of Issues:

Whether the court of appeals erred in concluding that driving under revocation is not a lesser-included offense of driving after revocation prohibited, following People v.  Zubiate, 2013 COA 69, rather than the established precedent of that court as set forth in People v. Rodriguez, 849 P.2d 799 (Colo. App. 1992), thereby perpetuating a split of authority on that court.

[ADDITIONAL ISSUE] Whether standard of review applies where a defendant claims that a failure to merge a lesser-included offense violates his Fifth Amendment protection against double jeopardy, but failed to raise the issue at trial.

DENIED AS TO ALL OTHER ISSUES.


No. 13SC708
City and County of Denver, District Court Case No. 12CV6226

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

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC715
Court of Appeals Case No. 11CA1957

Petitioner:
Gilbert Bryan Martinez,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC716
Court of Appeals Case No. 10CA2444

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

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC719
Court of Appeals Case No. 10CA2051

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

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC723
Court of Appeals Case No. 12CA156

Petitioner:
Alan Kinningham,
v.
Respondents:
James C. Smith and Dona Laurita.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC726
Court of Appeals Case No. 11CA1189

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

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC732
Court of Appeals Case No. 10CA1434

Petitioner:
Cleus Cletus Williams,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC738
City and County of Denver, District Court Case No. 12CV3845

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

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC739
Court of Appeals Case No. 11CA972

Petitioner:
The People of the State of Colorado,
v.
Respondent:
Oloyea D. Wallin.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC745
Court of Appeals Case No. 12CA1029

Petitioner:
Michael Collins,
v.
Respondent:
CFAM Financial Services, LLC.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC756
City and County of Denver, District Court Case No. 11CV7871

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

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC762
Court of Appeals Case No. 12CA961

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

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC769
Court of Appeals Case No. 12CA400

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

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC770
Court of Appeals Case No. 12CA1285

Petitioner:
Jeffrey Allan McWee,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC772
Court of Appeals Case No. 11CA1785

Petitioner:
Marla Kay Warren,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC775
Court of Appeals Case No. 13CA526

Petitioner:
Employers Compensation Insurance Company,
v.
Respondents:
Industrial Claim Appeals Office of the State of Colorado and Sharon Weakley.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC778
Court of Appeals Case No. 12CA828

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

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC779
Court of Appeals Case No. 13CA54

Petitioner:
Michael A. Collins,
v.
Respondent:
B.C. Services, Inc., a/k/a Bonded Collection Services, LLC.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC785
Pueblo County District Court Case No. 13CV106

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

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC786
Court of Appeals Case No. 13CA1663

Petitioner:
Curtis Webster,
v.

Respondent:
Justin Grimwood.

Petition for Writ of Certiorari Pursuant to C.A.R. 50 DENIED. EN BANC.


No. 13SC787
Court of Appeals Case No. 12CA1753

Petitioner:
Eric Davis,
v.
Respondents:
Rick Raemisch, in his official capacity as Executive Director of the Colorado Department of Corrections; Colorado Department of Corrections; and Warden of Arkansas Valley Correctional Facility.

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


No. 13SC788
Court of Appeals Case No. 10CA1270

Petitioner:
Steven Vaughn Seery,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC789
Court of Appeals Case No. 11CA581

Petitioner:
Gabriel Joseph Almanza,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari GRANTED as to the following issue: Whether structural error occurred when petitioner was denied a continuance of trial so that he could be represented by his counsel of choice. 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. EN BANC.

DENIED AS TO ALL OTHER ISSUES.


No. 13SC797
Court of Appeals Case No. 12CA447

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

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


No. 13SC799
Court of Appeals Case No. 12CA558

Petitioner:
Robert Donrell Watkins,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC


No. 13SC800
Court of Appeals Case No. 12CA1927

Petitioner:
Audrey L. Tennyson,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC801
Court of Appeals Case No. 10CA2612

Petitioner:
David Paul Suazo, Jr.,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC802
Court of Appeals Case No. 10CA2102

Petitioner:
Tony Antuan Thomas,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC811
Court of Appeals Case No. 10CA476

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

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC821
Court of Appeals Case No. 11CA1552

Petitioner:
Brandon Parker Smith,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC823
Court of Appeals Case No. 11CA320

Petitioner:
Delerence Edward Leopold, Sr.,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC825
Court of Appeals Case No. 12CA1356

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

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC826
Court of Appeals Case No. 11CA1166

Petitioner:
Mark Allan Strepka,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC827
Court of Appeals Case No. 11CA1236

Petitioner:
Yan De Yang,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC828
Court of Appeals Case No. 09CA1910

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

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC830
Court of Appeals Case No. 09CA1912

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

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC831
Court of Appeals Case No. 11CA2609

Petitioner:
Fabian Anthony Wilson,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC849
Court of Appeals Case No. 11CA1275

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

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC875
Court of Appeals Case No. 09CA2770

Petitioner:
John Ervin Hibbs,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC879
Larimer County District Court Case No. 12CV2057

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

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC883
Court of Appeals Case No. 11CA66

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

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC884
Court of Appeals Case No. 11CA845

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

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC888
Court of Appeals Case No. 12CA1621

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

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


No. 13SC891
Court of Appeals Case No. 11CA1037

Petitioner:
Franco Onofre Aragon,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC900
Court of Appeals Case No. 11CA1231

Petitioner:
Louis Joe Reaves,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC911
Court of Appeals Case No. 12CA1214

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

Petition for Writ of Certiorari DENIED. EN BANC.


No. 13SC934
Court of Appeals Case No. 12CA1653

Petitioners:

Town of Castle Rock, a Colorado home rule municipality; and Town Council of the Town of Castle Rock,
v.
Respondents:
Robert E. Anderson d/b/a Hickory Baked Ham; D' Gruppe, LLC; 3130C LLC; 3130M, LLC; Highpoint Three Investments LLC; Rocky Mountain Adhesives Inc.; Rockyard Brewing Co. LLC; Nash Properties LLC; Castle Rock Cold and Storage LLC; Paul V. Grenney d/b/a Gold Destiny; Colorado Property Care; Jack Christensen d/b/a Secure Commercial Storage; and Castleton Center Water and Sanitation District.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 14SC381
Court of Appeals Case No. 13CA1973

Petitioner:
J.B.,
v.
Respondent:
The People of the State of Colorado,
In the Interest of the Minor Child: E.R.,
and
Respondent:
C.R.

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 || June 16, 2014

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