ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, OCTOBER 17, 2005

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1 ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, OCTOBER 17, 2005 "Slip opinions" are the opinions as filed by the judges with the clerk. Slip opinions are subject to modification, rehearing, withdrawal, or clerical corrections. A link to any modifications to previously posted opinions will appear in the petition for rehearing section of the announcement document the day the changes are announced. OPINIONS SUPREME COURT, STATE OF COLORADO Two East 14 th Avenue Denver, Colorado Appeal from the District Court, City and County of Denver Honorable H. Jeffrey Bayless, Case No. 02CV127 Plaintiff-Appellant: KENNETH L. SMITH, Case No. 05SA238 Defendants-Appellees: MARY J. MULLARKEY, REBECCA LOVE KOURLIS, GREGORY J. HOBBS, JR., ALEX J. MARTINEZ, MICHAEL L. BENDER, NANCY E. RICE, both personally and in their representative capacities as Justices of the Colorado Supreme Court; GREGORY KELLAM SCOTT, in his personal capacity only; NATHAN B. COATS, in his representative capacity as a Justice of the Colorado Supreme Court; ALAN K. OGDEN, SUSAN B. HARGLEROAD, SHARI FRAUSTO, LESS WOODWARD, CARLOS SAMOUR, DORIS G. KAPLAN, GARY JACKSON, JAMES COYLE III, LINDA DONNELLY, and MELANIE BACKES, both personally and in their representative capacities as agents of the Colorado Board of Law Examiners; and JOHN DOES 1-9. ORDER AFFIRMED EN BANC PER CURIAM file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2005/ htm (1 of 10) [9/11/2008 8:23:06 AM]

2 Case No. 04SC437 SUPREME COURT, STATE OF COLORADO Two East 14th Avenue Denver, Colorado Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 02CA0640 Petitioner/Cross- THE PEOPLE OF THE STATE OF COLORADO, Respondent/Cross- CHRISTOPHER MCMURTRY. JUDGMENT AFFIRMED AND CASE REMANDED WITH DIRECTIONS EN BANC JUSTICE BENDER delivered the Opinion of the Court. PETITIONS FOR REHEARING SUPREME COURT, STATE OF COLORADO Two East 14th Avenue Denver, Colorado Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 03CA0074 Case No. 03SC783 file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2005/ htm (2 of 10) [9/11/2008 8:23:06 AM]

3 THE DENVER PUBLISHING COMPANY d/b/a ROCKY MOUNTAIN NEWS, Respondents: THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE, COLORADO; TRACY BAKER, Clerk & Recorder, Arapahoe County; and LEESA SALE, Assistant Deputy Clerk. Petition for Rehearing DENIED. EN BANC PETITIONS FOR WRIT OF CERTIORARI No. 04SC687 Court of Appeals Case No. 02CA1989 (7/22/04) MANUEL MELINA, No. 05SC179 Court of Appeals Case No. 02CA0201 (1/27/05) JASON KING, No. 05SC281 Court of Appeals Case No. 03CA2043 (2/24/05) file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2005/ htm (3 of 10) [9/11/2008 8:23:06 AM]

4 RIGOBERTO VENZOR, No. 05SC302 Court of Appeals Case No. 02CA0992 (3/17/05) JAMES W. DENMAN, No. 05SC358 Jefferson County District Court Case No. 04CV3404 KENNETH JAMES WEST, TAMMIE ROBERTS. Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issue: Whether the original owner of a vehicle that he relinquished due to fraud should be allowed to recover the vehicle from a bona fide purchaser, thereby necessitating overturning Keybank Mascarenas, 17 P.3d 209 (Colo. App. 2000). DENIED AS TO ALL OTHER ISSUES. No. 05SC370 Court of Appeals Case No. 04CA0879 (4/7/05) Petitioners: COLORADO CRIMINAL JUSTICE REFORM COALITION, a not-for-profit Colorado corporation; CHRISTIE DONNER; STEPHEN RAHER; PHILIP CHERNER; and ARI ARMSTRONG, Respondents: JOE ORTIZ, in his official capacity as Executive Director of the Colorado Department of Corrections; and UNVERSITY OF COLORADO REGENTS: DR. PETER file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2005/ htm (4 of 10) [9/11/2008 8:23:06 AM]

5 STEINHAUER, MS. CINDY CARLISLE; MS. PATRICIA HAYES, MS. SUSAN C. KIRK, MR. TOM LUCERO, MR. JAMES A. MARTIN, JR., MR. JERRY G. RUTLEDGE, MR. PAUL SCHAUER, and MS. GAIL SHERIDAN SCHWARTZ, in their official capacities as Regents of the University of Colorado. No. 05SC374 Court of Appeals Case No. 03CA2378 (2/17/2005) VERNON J. TURLEY, No. 05SC386 Court of Appeals No. 01CA1673 (4/14/05) JOHN GERALD TRUJILLO, JUSTICE BENDER would grant as to the following issue: Whether the trial court erred and violated petitioner s constitutional rights when it allowed the prosecution to cross-examine him about the victims allegations. No. 05SC415 Court of Appeals Case No. 04CA0896 (4/14/05) SAMMIE L. DENSON, JR., No. 05SC424 file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2005/ htm (5 of 10) [9/11/2008 8:23:06 AM]

6 Court of Appeals Case No. 03CA1110 (4/28/05) RAMON GAONA, No. 05SC492 Court of Appeals No. 03CA1659 (6/16/05) MICHAEL CONNOR, JUSTICE MARTINEZ and JUSTICE BENDER would grant as to the following issues: Whether the district court committed reversible error and violated the Petitioner s constitutional rights by entering judgment of conviction on the crime of Aggravated Driving with a Revoked License when the jury s instructions never referred to that crime by its correct name and the jury, pursuant to its verdict, found Mr. Connor guilty Habitual Traffic Offender instead of Aggravated Driving with a Revoked License. Whether the district court s jury instructions deprived the Petitioner of his constitutional right to a fair trial, proof beyond a reasonable doubt of all offenses, trial before an impartial jury, and due process when they defined various aspects of Driving Under the Influence in different instructions. No. 05SC494 Court of Appeals Case No. 04CA0680 (6/2/05) DEBRA DILLARD, Respondents: PEPSI BOTTLING GROUP and INDUSTRIAL CLAIM APPEALS OFFICE. Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issue: file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2005/ htm (6 of 10) [9/11/2008 8:23:06 AM]

7 Whether the court of appeals erred in applying section , C.R.S., which is a section of the workers compensation act which applies to the total amount of compensation that is available to injured workers based upon the severity of their injuries, by using section (7)(b)(I) and (III), C.R. S., which is the section of the act that determines the type of impairment or methodology of computing payment for impairment, to deprive or further limit injured workers permanent disability benefits. DENIED AS TO ALL OTHER ISSUES. No. 05SC525 Court of Appeals Case No. 04CA0456 (5/5/05) DONALD WAGER, No. 05SC540 Court of Appeals Case No. 04CA1390 (6/16/05) In re the Marriage of: STANLEY EDWARD YOUNG, and MICHELL MYREL BRACH. No. 05SC555 Court of Appeals Case No. 04CA0393 (6/16/05) JAMES MAZZOCCO, THE CITY OF COLORADO SPRINGS. No. 05SC565 Court of Appeals Case No. 03CA1776 (5/19/05) file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2005/ htm (7 of 10) [9/11/2008 8:23:06 AM]

8 JOHN GLENN SNYDER, No. 05SC567 Court of Appeals Case No. 03CA2032 (6/30/05) EDWARD COLLIE, No. 05SC570 Court of Appeals Case No. 02CA2395 (6/23/05) THOMAS DEAN BROWN, No. 05SC573 Court of Appeals Case No. 04CA0976 (6/30/05) DAVID LYNN, No. 05SC575 Court of Appeals Case No. 04CA0147 (6/23/05) Petitioners: JAMES LEBARON, individually and on behalf of the Estate of Oscar LeBaron; and EUGENIA L. LEBARON, individually and on behalf of the Estate of Oscar LeBaron, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2005/ htm (8 of 10) [9/11/2008 8:23:06 AM]

9 DIANE M. SCHMITZ, M.D., individually and d/b/a Diane M. Schmitz, MD, PC and d/ b/a Esprit Woman Care. No. 05SC584 Court of Appeals Case No. 03CA2399 (6/23/05) MACARTHUR MCCOY, No. 05SC586 Court of Appeals Case No. 03CA1511 (5/5/05) THE PEOPLE OF THE STATE OF COLORADO, DELAREE ROSS, a/k/a DARLENE ROSS. No. 05SC589 Logan County District Court Case No. 04CV195 RICHARD MARION NESTOR, No. 05SC624 Court of Appeals Case No. 04CA1691 (8/11/05) ALBERT ANDRADE, Respondents: TRIPLE R STRUCTURES; PINNACOL ASSURANCE, f/k/a COLORADO COMPENSATION INSURANCE AUTHORITY, and INDUSTRIAL CLAIM APPEALS OFFICE OF THE STATE OF COLORADO. file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2005/ htm (9 of 10) [9/11/2008 8:23:06 AM]

10 No. 05SC619 Court of Appeals Case No. 04CA2315 (7/21/05) S.S. THE PEOPLE OF THE STATE OF COLORADO, In the Interest of E.S., Minor Child. No. 05SC665 Court of Appeals Case No. 04CA1548 (8/11/05) L.C.M. and A.D.J., THE PEOPLE OF THE STATE OF COLORADO, In the Interest of: R.A.J. and R.J.J., Minor Children and Concerning B.Y. and K.Y. JUSTICE COATS would grant as to the following issue: Whether the court of appeals erred in finding that the decision to grant custody to a foster parent where L.C.M., the father, was found to be a fit parent, violated L.C.M. s constitutional right to due process. file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2005/ htm (10 of 10) [9/11/2008 8:23:06 AM]