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Colorado Supreme Court Opinions || April 18, 2011

Colorado Supreme Court -- April 18, 2011
Announcement Sheet

OPINIONS 

SUPREME COURT, STATE OF COLORADO
101 West Colfax Avenue, Suite 800
Denver, Colorado 80202

Interlocutory Appeal from the District Court
Adams County District Court Case No. 10CR646
Honorable Patrick T. Murphy, Judge

Case No. 10SA347

Plaintiff-Appellant:

The People of the State of Colorado,

v.

Defendant-Appellee:

Ronnie Lee Walters.

ORDER REVERSED
EN BANC

CHIEF JUSTICE BENDER delivered the Opinion of the Court.

 

SUPREME COURT, STATE OF COLORADO
101 West Colfax Avenue, Suite 800
Denver, Colorado 80202

Interlocutory Appeal from the District Court
Weld County District Court Case No. 10CR181
Honorable Dinsmore Tuttle, Judge

 

Case No. 10SA323

Plaintiff-Appellant:

The People of the State of Colorado,

v.

Defendant-Appellee:

Violet Brant.

ORDER REVERSED
EN BANC

JUSTICE HOBBS delivered the Opinion of the Court.

 

PETITIONS FOR REHEARING

NONE


 

PETITIONS FOR WRIT OF CERTIORARI

No. 10SC168

Court of Appeals Case No. 08CA1494

Petitioner:

Reggie Keyes,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


 

No. 10SC479

Court of Appeals Case No. 06CA2529

Petitioner:

Jose Alvarado-Juarez,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 10SC623

Court of Appeals Case No. 09CA1874

In the Interest of B.B.O., a Child,

Petitioner:

Virginia Olds,

v.

Respondent:

Gay Lakay Berry.

Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issue:

Whether the court of appeals erred in concluding that subsections 14- 10-123(1)(b) & (1)(c), C.R.S. (2010), require, as a prerequisite to a non-parent’s standing to commence a proceeding for an allocation of parental responsibilities, the consent of both natural parents to the non-parent’s sole physical care of the child.

DENIED AS TO ALL OTHER ISSUES.


No. 10SC637

Court of Appeals Case No. 09CA1569

Petitioner:

Justin G. Reed,

v.

Respondent:

AV Decking, Inc., an Arizona corporation.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 10SC670

Court of Appeals Case No. 09CA1824

Petitioners:

Town of Minturn Colorado; Ginn Battle North, LLC; Ginn Battle South, LLC; and Ginn-LA Battle One Ltd., LLLP,

v.

Respondent:

Sensible Housing Co., Inc.

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

Summary of Issues:

Whether the court of appeals violated the separation of powers doctrine by applying the priority rule to bar a home rule municipality from proceeding with a legislative annexation determination where the Municipal Annexation Act of 1965, C.R.S. sections 31-12-101 to 31-12- 123 vests a municipality with exclusive authority to annex property.

Whether, in the alternative, if the priority rule applies where concurrent court and legislative annexation proceedings are pending, the court of appeals erred when it sua sponte determined, contrary to Wiltgen v. Berg,435 P.2d 378 (Colo. 1967), that a town’s annexation ordinances were void ab initio.


No. 10SC672

Court of Appeals Case No. 06CA1831

Petitioner:

Richard Alfred Strock,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.



No. 10SC722

Court of Appeals Case No. 09CA352

Petitioner:

Rene Moroe,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 10SC754

Court of Appeals Case No. 08CA332

Petitioner:

Kimberly Marie Hess,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 10SC772

Court of Appeals Case No. 09CA2101

Petitioner:

Ritchie A. Gomez,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 10SC773

Court of Appeals Case No. 09CA1601

Petitioner:

Lawrence Handy,

v.

Respondent:

The People of the State of Colorado.

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


No. 10SC780

Court of Appeals Case No. 09CA529

Petitioner:

Robert E. Quintano,

v.

Respondent:

The People of the State of Colorado.


Petition for Writ of Certiorari DENIED. EN BANC.

No. 10SC789

Court of Appeals Case No. 07CA2329

Petitioner:

Luis Adolfo Garcia,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 10SC795

Court of Appeals Case No. 08CA1764

Petitioner:

Joseph Edwards,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.

CHIEF JUSTICE BENDER would grant as to the following issues:

Whether deprivation of the rights to the presumption of innocence and to jury determination of each essential element must be reviewed under a structural error standard.

Whether the trial judge’s comments require reversal even under a plain error standard.

JUSTICE MÁRQUEZ would grant as to the following issue:

Whether a six man photo array wherein the defendant is the only subject matching the witness’s description of race and the only subject wearing an orange prison top represents an unduly suggestive identification procedure.


No. 10SC797

Court of Appeals Case No. 08CA419

Petitioner:

Timothy Paul Beeson,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 10SC802

Court of Appeals Case No. 09CA2616

Petitioner:

Larry Floyd,

v.

Respondent:

The People of the State of Colorado.

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


No. 10SC832

Court of Appeals Case No. 09CA58

Petitioner:

The People of the State of Colorado,

v.

Respondent:

Nicolette Chris Padilla-Lopez.

Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issue:

Whether the Department of Human Services is a “victim” within the meaning of the definition of “victim” in the restitution statute, section 18-1.3-602(4)(a), C.R.S. (2010).


No. 10SC859

Court of Appeals Case No. 08CA2257

Petitioner:

Phillip David Haskett,

v.

Respondents:

Kalima Masse; Gary W. Flanders; and GeoTech Corporation, a Colorado corporation.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 10SC862

Court of Appeals Case No. 07CA1293

Petitioner:

Dominic Vanderpluym,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC5

Court of Appeals Case No. 07CA1077

Petitioner:

Jerry Ciarcia,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC13

El Paso County District Court Case No. 10CV362

Petitioner:

Dennis J. Sladek,

v.

Respondent:

Troy Miske.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC19

Court of Appeals Case No. 08CA360

Petitioner:

Peter Hamblett Grillo,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC20

Court of Appeals Case No. 08CA2701

Petitioner:

Justin R. Ritter,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC26

Teller County District Court Case No. 10CV250

Petitioner:

Aaron Hensinger,

v.

Respondent:

Ute Pass Concrete, Sand & Gravel, Inc.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC28

Court of Appeals Case No. 10CA887

Petitioner:

Albert Hayes,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC36

Court of Appeals Case No. 09CA1980

Petitioner:

Mary Johnson,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC64

Court of Appeals Case No. 09CA941

Petitioner:

Robert Rumpf,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC65

Court of Appeals Case No. 10CA344

Petitioner:

Albert B. Hill,

v.

Respondent:

The People of the State of Colorado.

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


No. 11SC72

Court of Appeals Case No. 08CA1562

Petitioner:

David Stevens,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC73

Court of Appeals Case No. 10CA620

Petitioner:

Bert Smith,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC75

Court of Appeals Case No. 08CA2486

Petitioner:

Kirk Len Boyd,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC81

Court of Appeals Case No. 09CA801

Petitioner:

James Leroy Trupp,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC83

Court of Appeals Case No. 08CA1725

Petitioner:

Manuel Gordon,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC84

Court of Appeals Case No. 08CA2393

Petitioner:

Martin Alan Peterson,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC104

Court of Appeals Case No. 08CA1835

Petitioner:

Terrence Shawn Redwine,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC105

Court of Appeals Case No. 09CA659

Petitioner:

Sammy M. Alvarez,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC107

Court of Appeals Case No. 09CA233

Petitioner:

Quinn McDonald,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC108

Court of Appeals Case No. 09CA622

Petitioner:

Joshua Vigil,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC109

Court of Appeals Case No. 08CA1401

Petitioner:

Timothy Michael Radloff,

v.

Respondent:

The People of the State of Colorado.

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


No. 11SC110

Court of Appeals Case No. 07CA131

Petitioner:

Martin Carlos Betancourt,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC138

Court of Appeals Case Nos. 10CA1660 and 10CA1697

Petitioner:

B.P.

v.

Respondent:

The People of the State of Colorado,

In the Interest of Minor Children:

A.P. and P.P.

Petition for Writ of Certiorari DENIED. EN BANC.



No. 11SC176

Court of Appeals Case No. 10CA1769

Petitioner:

R.O.,

v.

Respondent:

The People of the State of Colorado,

In the Interest of Minor Children:

A.O., R.O., and A.O.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC198

Court of Appeals Case No. 10CA2062

Petitioner: T.W.V.,

v.

Respondent:

The People of the State of Colorado,

In the Interest of Minor Child:

A.R.B.V.

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 18, 2011

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