OPINIONS
The Supreme Court of the State of Colorado
2 East 14th Avenue • Denver, Colorado 80203
2016 CO 18
Supreme Court Case No. 14SC931
Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 13CA388
Petitioner:
Bradley Klingsheim,
v.
Respondents:
Carl A. Cordell and Wanda M. Cordell.
Judgment Reversed
en banc
JUSTICE GABRIEL delivered the Opinion of the Court.
PETITIONS FOR REHEARING
The Supreme Court of the State of Colorado
2 East 14th Avenue • Denver, Colorado 80203
2016 CO 12
Supreme Court Case No. 13SC465
Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 10CA587
Petitioner:
The People of the State of Colorado,
v.
Respondent:
Eduardo Dejesus Perez.
Petition for Rehearing DENIED
en banc
GRANTED ORIGINAL PROCEEDINGS PURSUANT TO C.A.R. 21.
16SA94 In Re People v. Higgins, Brooke
Rule to Show Cause Issued on March 24, 2016.
16SA96 In Re People v. Johnson, Sienna
Rule to Show Cause Issued on March 24, 2016.
PETITIONS FOR WRIT OF CERTIORARI
No. 15SC163
Court of Appeals Case No. 11CA2316
Petitioner:
Matthew J. Zoll,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issues:
[REFRAMED] Whether an appellate court, having concluded that records relating to a police officer’s credibility should have been disclosed prior to trial, must remand the case to the trial court to determine whether a new trial is required.
Whether the court of appeals applied an incorrect legal standard for determining whether a new trial is required.
[REFRAMED] Whether the court of appeals erred in concluding that replaying a 911 recording for the jury during deliberations was not a critical stage of the proceedings requiring the petitioner’s presence.
DENIED AS TO ALL OTHER ISSUES.
No. 15SC411
Court of Appeals Case No. 13CA882
Petitioner:
Victor Dennis Baca,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC469
Court of Appeals Case No. 13CA758
Petitioner:
The People of the State of Colorado,
v.
Respondent:
James Willard Washam, III.
Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issue:
Whether the court of appeals erred by creating a statute of limitations exception to this court’s Crim. P. 7(e) jurisprudence—effectively designating any trial amendment of the date of an offense an impermissible "substantive" amendment.
No. 15SC678
Court of Appeals Case No. 14CA665
Petitioner:
Sensible Housing Company,
v.
Respondent:
Battle North, LLC.
Petition for Writ of Certiorari DENIED. EN BANC.
JUSTICE EID and JUSTICE MÁRQUEZ would grant as to the following issues:
[REFRAMED] Whether the "priority jurisdiction rule" requires a court to stay an action brought under the Spurious Lien Act, section 38-35-201 to -204, C.R.S. (2015), pending resolution of a previously filed quiet title case involving the same parties and property.
[REFRAMED] Whether a court must issue a second show cause order under section 38-35-204, C.R.S. (2015), of the Spurious Lien Act case in response to an amended petition.
No. 15SC710
Court of Appeals Case No. 14CA716
In re Marriage of Kristy Marie Dixon, n/k/a Kristy Casagranda, and Brian Todd Dixon
Petitioner:
Samuel J. Stoorman & Associates, P.C.,
v.
Respondent:
Brian Todd Dixon.
Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issues:
Whether a statutory attorney’s lien attaches to the client’s receipt of an award for spousal maintenance.
Whether public policy prohibits an attorney from foreclosing its statutory lien upon spousal maintenance payments awarded to the client.
JUSTICE GABRIEL does not participate.
No. 15SC792
Court of Appeals Case No. 14CA892
In re Marriage of
Petitioner:
Jill Gesquiere,
v.
Respondent:
Michael Gesquiere.
Petition for Writ of Certiorari DENIED. EN BANC. JUSTICE GABIREL does not participate.
No. 15SC810
Court of Appeals Case No. 14CA1568
Petitioners:
First Interstate Financial Utah, L.L.C., a Utah limited liability company; First Interstate Financial, L.L.C., a Nevada limited liability company; and Paul Thurston, as a manager of First Interstate Financial Utah, L.L.C., as a manager of First Interstate Financial, L.L.C., and as an individual,
v.
Respondent:
McGillis Investment Company, LLP.
Petition for Writ of Certiorari DENIED. EN BANC
No. 15SC864
Court of Appeals, Case No. 14CA255
Petitioner:
Pappas Alstad Partnership, a Colorado partnership,
v.
Respondents:
Darren Spreeuw and Zeke Coffee, Inc., a Colorado corporation.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC872
Court of Appeals Case No. 14CA1576
Petitioners:
Lincoln Hills Holding Company, LLC; Van Horn Burkett & Associates, LLC; Lincoln
Hills Fly Fishing Club, LLC; Matthew Burkett; The Flyfisher Group, LLC; and The
Flyfisher, LLC d/b/a The Flyfisher Guide Service, LTD.
v.
Respondents:
Kolar Properties, LLC, Jacqueline Weigand, and Edward Weigand.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC942
Court of Appeals Case No. 14CA933
In the Interest of Trygve Lode, Protected Person,
Petitioner:
Darlene A. Cysper,
v.
Respondents:
Jane Lode, co-guardian for the Protected Person and Isak Lode, co-guardian for the
Protected Person.
Petition for Writ of Certiorari DENIED. EN BANC.