OPINIONS
The Supreme Court of the State of Colorado
2 East 14th Avenue • Denver, Colorado 80203
2016 CO 41
Supreme Court Case No. 14SC224
Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 13CA517
Petitioner:
Salynda E. Fleury, individually on behalf of Indyka Norris and Sage Norris, and as
surviving spouse of Christopher H. Norris,
v.
Respondent:
IntraWest Winter Park Operations Corporation.
Judgment Affirmed
en banc
JUSTICE EID delivered the Opinion of the Court.
JUSTICE MÁRQUEZ dissents, and JUSTICE GABRIEL joins in the dissent.
The Supreme Court of the State of Colorado
2 East 14th Avenue • Denver, Colorado 80203
2016 CO 42
Supreme Court Case No. 15SA26
Appeal from the District Court
Garfield County District Court, Water Division 5, Case No. 04CW236
Honorable James Boyd, Water Judge
Concerning the Application for Water Rights of the Upper Eagle Regional Water Authority in the Eagle River in Eagle County, Colorado
Applicant-Appellant:
Upper Eagle Regional Water Authority,
v.
Opposers-Appellees:
Dick Wolfe, State Engineer, and Alan Martellaro, Division 5 Engineer.
Judgment Reversed
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
2016 CO 43
Supreme Court Case No. 14SC1
Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 12CA1878
Petitioners:
Ramona Martinez and Stevens Law Offices,
v.
Respondents:
Mintz Law Firm, LLC and Eric Krajewski, Esq.
Judgment Reversed
en banc
JUSTICE GABRIEL delivered the Opinion of the Court.
JUSTICE COATS dissents, and JUSTICE EID joins in the dissent.
JUSTICE MÁRQUEZ and JUSTICE HOOD do not participate.
PETITIONS FOR REHEARING
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.
Petition for Rehearing DENIED. EN BANC.
PETITIONS FOR WRIT OF CERTIORARI
No. 15SC627
Court of Appeals Case No. 14CA228
Petitioners:
Smokebrush Foundation, Katherine Tudor, and Donald Herbert Goede, III,
v.
Respondent:
City of Colorado Springs.
Petition for Writ of Certiorari GRANTED. EN BANC.
Summary of Issues:
Whether the court of appeals erred in finding, in an ongoing underground pollution migration case, that applicable waivers of governmental immunity could not be applied retroactively to allegedly “past” pollution—even though the causes of action at issue accrued nearly forty years after passage of the immunity waiver statute and included “continuing” tort causes of action.
Whether the court of appeals erred in holding that the Colorado Governmental Immunity Act would not be applied retroactively to municipality-generated toxic contamination, while still granting governmental immunity to the municipality based on the assumption that there was pre-CGIA governmental immunity, without analyzing the issue.
Whether the court of appeals erred in finding that the Colorado Governmental Immunity Act’s waiver provision for dangerous conditions of a public building did not cover claims for liability against a municipality for asbestos release because it found that the “demolition” of a public building was not encompassed in the terms “constructing” or “maintaining.”
No. 15SC737
District Court, City and County of Denver, Case No. 13CV34110
Petitioner:
Bryan Hertz,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC759
Court of Appeals Case No. 12CA1589
Petitioner:
Kenneth Froehler,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC. JUSTICE HOOD would grant as to the following issue:
Whether the detective’s improper expert testimony given in the guise of lay testimony regarding the ImageScan software program used to search petitioner’s laptops was not harmless.
No. 15SC760
Court of Appeals Case No. 13CA475
Petitioner:
Ennio Z. Daniel,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC816
Court of Appeals Case No. 14CA1775
Petitioner:
JPMorgan Chase Bank, N.A., a national banking association,
v.
Respondents:
Douglas and Nancy McClure, a married couple; and Spiral Broadcasting, L.L.C., an
Arizona limited liability company.
Petition for Writ of Certiorari GRANTED. EN BANC.
Summary of Issues:
[REFRAMED] Whether the membership interests of a non-Colorado citizen in a Colorado LLC are located in the citizen’s home state or in Colorado for purposes of determining the enforceability of charging orders and lien enforcement.
[REFRAMED] Whether the court of appeals erred in holding that the priority of charging orders issued against the membership interests of a non-Colorado citizen in a Colorado LLC is determined by first in time service of either charging orders issued by Colorado courts or foreign charging orders that have been domesticated in Colorado courts.
DENIED AS TO ALL OTHER ISSUES.
No. 15SC912
Court of Appeals Case No. 13CA453
Petitioner:
The People of the State of Colorado,
v.
Respondent:
Stephen J. Ahuero.
Petition for Writ of Certiorari GRANTED. EN BANC.
JUSTICE GABRIEL does not participate.
Summary of Issues:
Whether the court of appeals erred by applying the right to counsel of choice factors from People v. Brown, 2014 CO 25, 322 P.3d 214, to reverse the denial of a continuance request that did not involve the right to counsel of choice.
Whether the adequacy of defense counsel’s pretrial investigation is properly addressed on direct appeal where counsel made no specific record and represented his readiness to proceed.
Whether “actual prejudice” from the denial of a continuance can be presumed from the existence of other potential evidence without regard to whether the continuance would have revealed it.
No. 15SC993
Court of Appeals Case No. 14CA1216
Petitioners:
William W. Leary and Jan P. Leary,
v.
Respondents:
Alexander K. Kovacs and CB Richard Ellis, Inc.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC1048
Court of Appeals Case No. 12CA99
Petitioner:
Dennis Carl Parker,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 16SC119
Court of Appeals Case No. 14CA621
Petitioner:
Julie Sundin,
v.
Respondents:
United Airlines, Inc., a Delaware corporation, conducting business in the State of
Washington; and Kenneth A. Irom, a resident of the State of California.
Petition for Writ of Certiorari DENIED. EN BANC.