OPINIONS. The Supreme Court of the State of Colorado 2 East 14 th Avenue Denver, Colorado CO 18

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1 "Slip opinions" are the opinions delivered by the Supreme Court Justices and are subject to modification, rehearing, withdrawal, or clerical corrections. Modifications to previously posted opinions will be linked to the case number in the petition for rehearing section the day the changes are announced. Click on the case number to view the opinion in pdf format. OPINIONS The Supreme Court of the State of Colorado 2 East 14 th Avenue Denver, Colorado CO 18 Supreme Court Case No. 14SA312 Interlocutory Appeal from the District Court Mesa County District Court Case No. 12CR517 Honorable Richard T. Gurley, Judge Plaintiff Appellant: The People of the State of Colorado, Defendant Appellee: Douglas Thames. Order Reversed en banc JUSTICE HOBBS delivered the Opinion of the Court. JUSTICE MÁRQUEZ dissents

2 The Supreme Court of the State of Colorado 2 East 14 th Avenue Denver, Colorado CO 19 Supreme Court Case No. 13SC306 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 11CA2141 Sara L. Burnett, State of Colorado Department of Natural Resources, Division of Parks and Outdoor Recreation. Judgment Affirmed en banc JUSTICE HOOD announced the judgment of the Court. JUSTICE EID concurs in the judgment. JUSTICE HOBBS dissents, and CHIEF JUSTICE RICE and JUSTICE MÁRQUEZ join in the dissent

3 PETITIONS FOR REHEARING NONE GRANTED ORIGINAL PROCEEDINGS PURSUANT TO C.A.R. 21 NONE PETITIONS FOR WRIT OF CERTIORARI No. 14 SC156 Court of Appeals Case No. 11CA321 Sanford B. Schupper, -- 3

4 No. 14 SC221 Court of Appeals Case No. 11CA2513 Mark Lee Madden, -- No. 14 SC260 Court of Appeals Case No. 12CA1091 Michael Lucero, -- No. 14 SC275 Court of Appeals Case No. 10CA584 Pablo Alberto Lozano, JUSTICE HOOD does not participate. -- 4

5 No. 14 SC337 Court of Appeals Case No. 11CA348 Petitioner/Cross- Manuel Adrian Diaz, Respondent/Cross- Petition and Cross- JUSTICE BOATRIGHT would grant as to the following issue: Whether the court of appeals erred in concluding that the trial court committed reversible error in refusing to instruct the jury on the affirmative defense of self-defense. -- No. 14SC347 Court of Appeals Case No. 13CA591 Petitioners: Christeleit Views Subdivision Homeowners Association, Inc., a Colorado non-profit corporation; Dieter Cantrup; and Kathy Cantrup, Bank of America N.A. -- 5

6 No. 14SC382 Court of Appeals Case No. 13CA870 St. Johns Baptist Church Governing Body, Inc., a Colorado nonprofit corporation, Willie J. Sutton, Jr. -- No. 14 SC406 Court of Appeals Case No. 10CA1873 Brandon Buderus, JUSTICE BOATRIGHT would grant as to the following issue: Whether the trial court abused its discretion and committed reversible error by admitting the lay opinion testimony of a police officer regarding how much marijuana is a personal use amount versus a business amount because it was, in effect, expert testimony that was not properly admitted under C.R.E

7 No. 14SC461 Court of Appeals Case No. 12CA439 In re the Marriage of Angela D. Armstrong, and Gregory L. Armstrong. -- No. 14 SC479 Court of Appeals Case No. 12CA1350 Earl Hines, JUSTICE COATS does not participate. -- No. 14SC507 Court of Appeals Case No. 11CA1071 Noah Ray Thomas, -- 7

8 No. 14 SC515 Court of Appeals Case No. 12CA2171 Andres Hernandez, -- No. 14SC529 Court of Appeals Case No. 09CA463 Justin Hadley Austin, Petition for Writ of Certiorari GRANTED. EN BANC. Summary of the Issue: [REFRAMED ISSUE] Whether the trial court reversibly erred by holding that seven prospective jurors, who stated they would not give the petitioner the presumption of innocence and/or they would be biased against him if he did not testify, were rehabilitated by their silence in response to a general question posed to the entire jury panel before they made the offending remarks; and where two of these prospective jurors served on the jury. DENIED AS TO ALL OTHER ISSUES. -- 8

9 No. 14 SC533 Court of Appeals Case No. 11CA1665 Jerad Alan Massey, -- No. 14 SC536 Court of Appeals Case No. 13CA640 Barue Gutierrez Solis, -- No. 14 SC537 Court of Appeals Case No. 13CA1140 Melissa Miranda Dominguez, n/k/a/ Melissa Cuevas Alvarez, Arapahoe County Department of Human Services, In the Interest of Minor Children: E.A.D., A.S.D., and M.D.D. -- 9

10 No. 14 SC547 Court of Appeals Case No. 13CA1243 Warren T. Deegan, a/k/a Richard Sanchez, -- No. 14 SC553 Court of Appeals Case No. 12CA306 David Elvitt Hardesty, -- No. 14 SC563 Court of Appeals Case No. 12CA2241 Gary L. Sherbet, -- 10

11 No. 14 SC587 Court of Appeals Case No. 11CA1270 John Michael Martinez, -- No. 14 SC591 Court of Appeals Case No. 11CA1322 Samuel David Barajas, -- No. 14 SC592 Court of Appeals Case No. 10CA2138 Scott James Sylvia, -- 11

12 No. 14 SC604 Court of Appeals Case No. 13CA929 Shane Edward Johnson, Respondents: Executive Director of the Colorado Department of Corrections and Warden of Denver Reception & Diagnostic Center. -- No. 14SC610 Court of Appeals Case No. 11CA235 Darek Nour Kassem, -- No. 14SC611 Court of Appeals Case No. 12CA5 Petitioner/Cross- The People of the State of Colorado, Respondent/Cross- Alexander Valdez. Petition and Cross

13 No. 14 SC624 Court of Appeals Case No. 10CA1789 Eric Laurson, -- No. 14SC635 Court of Appeals Case No. 12CA1534 Christopher P. Maes, -- No. 14 SC643 Court of Appeals Case No. 13CA888 John H. James, Respondents: Colorado Department of Corrections; Anthony A. Decesaro, Grievance Officer; Captain Williams, Housing Unit Supervisor; Lieutenant Lynn Travis; Lieutenant Tideman; Sergeant Montgomery; Sergeant Marquez; Warden Susan Jones; Associate Warden Foster; and Colorado Department of Corrections Kitchen Stewards

14 No. 14 SC659 Court of Appeals Case No. 12CA972 Randall Maestas, -- No. 14 SC663 Court of Appeals Case No. 12CA2399 In re the Marriage of Stanley Michael Wright, and Katherine Ann Wright. -- No. 14 SC718 Court of Appeals Case No. 13CA166 Law Offices of G. Michael Schuyler, P.C., Respondents: Foster Graham Milstein & Calisher, LLP, and Fred R. Kelly, Jr

15 No. 14 SC744 Court of Appeals Case No. 12CA2112 Aaron Rios-Sanchez, -- No. 14 SC747 Court of Appeals Case No. 10CA171 Joel Mancinas-Ramirez, JUSTICE BOATRIGHT would grant as to the following issue: Whether the court of appeals erred when it affirmed the SVP finding even though it acknowledged that Allen People, 307 P.3d 1102 (Colo. 2013), proscribed the precise conduct undertaken here by the trial court to re-score the SORS instrument

16 No. 14 SC748 Court of Appeals Case No. 13CA306 In re the Marriage of Jennifer Taylor, and Christian Harra. -- No. 14 SC758 Court of Appeals Case No. 11CA470 Allen Paul Allman, -- No. 14 SC760 Court of Appeals Case No. 13CA123 Bryan Kent Forward, JUSTICE MÁRQUEZ does not participate

17 No. 14 SC774 Court of Appeals Case No. 13CA604 John Trujillo, JUSTICE COATS does not participate. -- No. 14 SC775 Court of Appeals Case No. 13CA1319 Glen Michael Moreno-Garcia, JUSTICE MÁRQUEZ does not participate. -- No. 14 SC776 Weld County District Court Case No. 14CV30137 Scott Gordon, -- 17

18 No. 14 SC777 Court of Appeals Case No. 13CA1161 Donald Alan Watts, Jr., -- No. 14 SC778 Court of Appeals Case No. 12CA1833 Angel Luis Lopez, -- No. 14 SC785 Court of Appeals Case No. 12CA840 Steven Mark St. James, JUSTICE MÁRQUEZ does not participate

19 No. 14 SC788 Court of Appeals Case No. 12CA1377 William Baca, -- No. 14 SC789 Court of Appeals Case No. 11CA912 Roderick Gainous, -- No. 14 SC790 Court of Appeals Case No. 12CA939 Daniel Clyde Park, -- 19

20 No. 14 SC791 Court of Appeals Case No. 12CA2431 Axel Rafael Crespo-Gutierrez, -- No. 14 SC792 Court of Appeals Case No. 13CA337 In re the Marriage of Carlton Paul Johnson, Jr., and Kay Jean Johnson. JUSTICE BOATRIGHT would grant as to the following issue: Whether the failure to object to an exhibit offered and accepted by a trial court for a limited non-evidentiary purpose constitutes a failure to preserve the issue of the evidentiary use of said exhibit for appeal

21 No. 14 SC794 Court of Appeals Case No. 11CA2278 Ronald Leslie Webster, JUSTICE HOOD does not participate. -- No. 14 SC797 Court of Appeals Case No. 13CA66 Debora Kay Schreffler, -- No. 14 SC798 Court of Appeals Case No. 12CA207 Kelly Virginia Holmes, -- 21

22 No. 14 SC807 Court of Appeals Case No. 14CA260 Matt Barlow, NONE. -- No. 14 SC808 Court of Appeals Case No. 13CA2247 Donald T. Trinen, David Walcher, in his official capacity as Arapahoe county sheriff. -- No. 14 SC812 Huerfano County District Court Case No. 13CV30038 Danielle Crull, -- 22

23 No. 14 SC849 Larimer County District Court Case No. 14CV30062 Karin Garbino, -- No. 15SC51 Court of Appeals Case No. 14CA1672 Beverly Jay, Leah Garbe. Petition for Writ of Certiorari Pursuant to C.A.R. 50 DENIED. EN BANC. -- No. 15SC135 Court of Appeals Case No. 14CA1617 J.S.K., The People of the State of Colorado, In the Interest of Minor Child: S.A.D