ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, SEPTEMBER 12,

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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 SUPREME COURT, STATE OF COLORADO 101 West Colfax Avenue, Suite 800 Denver, Colorado Case No. 10SC275 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 09CA1209 The Glenelk Association, Inc., Ronald P. Lewis. JUDGMENT REVERSED EN BANC JUSTICE HOBBS delivered the Opinion of the Court

2 SUPREME COURT, STATE OF COLORADO 101 West Colfax Avenue, Suite 800 Denver, Colorado Case No. 10SC446 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 07CA2322 The People of the State of Colorado, Jerad Allen Pickering. ORDER REVERSED EN BANC JUSTICE RICE delivered the Opinion of the Court. JUSTICE MARTINEZ dissents, and CHIEF JUSTICE BENDER and JUSTICE HOBBS join in the dissent

3 SUPREME COURT, STATE OF COLORADO 101 West Colfax Avenue, Suite 800 Denver, Colorado Case No. 09SC252 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 04CA2072 Gerald Dwayne Lewis, JUDGMENT AFFIRMED EN BANC JUSTICE COATS delivered the Opinion of the Court

4 SUPREME COURT, STATE OF COLORADO 101 West Colfax Avenue, Suite 800 Denver, Colorado Case No. 10SC104 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 08CA2207 Petitioners: D.P.H. and A.J.B., J.L.B., and concerning Minor Child: A.B. JUDGMENT REVERSED EN BANC JUSTICE EID delivered the Opinion of the Court. 4

5 PETITIONS FOR REHEARING NONE PETITIONS FOR WRIT OF CERTIORARI No. 10SC646 Court of Appeals Case No. 09CA1863 Petitioners: John Clelland, Geoff Ibbett, and David Killen, Respondents: Azure Solutions, Inc. and Azure Solutions, Ltd. No. 10SC837 Court of Appeals Case No. 08CA2159 A.L.L., The People of the State of Colorado, In the Interest of Minor Child: C.Z. No. 11SC17 Court of Appeals Case No. 09CA2343 Petitioner/Cross- Amalgamated Transit Union, Local 19, Respondent/Cross- City of Colorado Springs. Petition and Cross- 5

6 No. 11SC59 Court of Appeals Case No. 09CA1996 In re the Marriage of: Marta Doris Cardona, and Jaime Felipe Castro. Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issue: Whether the court of appeals erred in finding that accrued vacation and sick leave time is not marital property subject to division pursuant to section , C.R.S. (2010). DENIED AS TO ALL OTHER ISSUES. No. 11SC99 Arapahoe County District Court Case No. 10CV1326 Petitioners: Ibrahim Dalis and Nibras Dalis, Liberty Acquisitions, LLC. No. 11SC164 Court of Appeals Case No. 09CA1092 Buddy Cardenas, 6

7 No. 11SC183 Court of Appeals Case No. 09CA568 Jimmy Joseph Pacheco, No. 11SC211 Court of Appeals Case No. 07CA539 Jesus Adrian Barraza-Rojas, No. 11SC235 Court of Appeals Case No. 09CA676 Tyler LePage, Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issue: Whether the court of appeals erred in finding no reversible error where the trial court failed to give the jury the verdict form for the lesser included offense required by the evidence. DENIED AS TO ALL OTHER ISSUES

8 No. 11SC238 Court of Appeals Case No. 08CA1065 Michael Lonnie Hicks, No. 11SC249 Court of Appeals Case No. 07CA2506 William Allen Gregg, No. 11SC252 Court of Appeals Case No. 09CA2694 Randolph A. Sigley, Sr., Liberty Square Condominium Association, Inc., a Colorado non-profit corporation

9 No. 11SC264 Court of Appeals Case No. 09CA2640 Yanick Kazadi, Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issue: Whether a criminal defendant has the right to apply for post-conviction review of a deferred judgment pursuant to section , C.R.S. (2010) and Crim. P. 35(c) No. 11SC269 Court of Appeals Case No. 09CA647 Cory Anthony Pino, No. 11SC293 Court of Appeals Case No. 07CA716 Julio C. Ontiveros-Perez,

10 No. 11SC301 District Court, City and County of Denver, Case No. 10CV4680 James M. Robinson, City and County of Denver No. 11SC302 Boulder County District Court Case No. 10CV716 David Lee Madison, The People of the City of Boulder. CHIEF JUSTICE BENDER and JUSTICE MARTINEZ would grant as to the following issue: Whether B.R.C. section (2001), either on its face or as applied to the circumstances of this case, violates state and federal constitutional prohibitions against cruel and unusual punishments, contravenes due process guarantees, and infringes on the constitutionally protected right to travel No. 11SC309 Court of Appeals Case No. 10CA246 In re the Marriage of: Ronald A. Rattie, and Barbara G. Freeman-Rattie

11 No. 11SC311 Douglas County District Court Case No. 09CV3999 Steven Reed, No. 11SC314 Court of Appeals Case No. 06CA952 Timothy G. Kemp, No. 11SC316 Court of Appeals Case No. 09CA541 Kenneth James Cooper, No. 11SC320 Court of Appeals Case No. 09CA1090 Benjamin Allen Frey, 11

12 No. 11SC322 Court of Appeals Case No. 08CA1517 Luis Fuentes-Trevizo, No. 11SC325 Court of Appeals Case No. 10CA347 Petitioners: Guy Paquet and Elizabeth Paquet, Respondents: Craig M. Cox; Ida B. Cox; Howard R. Gwynn; Carol J. Gwynn; Montie R. Lee; Diana K. Lee; and San Juan Ranches, LLC, an Arizona limited liability company. No. 11SC326 Court of Appeals Case No. 09CA1744 Joshua James Richardson, 12

13 No. 11SC327 Court of Appeals Case No. 08CA1377 Quinton Arnwine, No. 11SC331 Court of Appeals Case No. 10CA1200 Scott Kruthaupt, State of Colorado, Department of Revenue, Motor Vehicles Division No. 11SC333 Court of Appeals Case No. 06CA934 Steven Robles, Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issue: Whether the court of appeals erred in finding that the use of a numbers only system for referring to jurors was not reversible error despite the trial court s failure to meet the standard adopted by the court of appeals regarding when a trial court can impanel an anonymous or numbers only jury. DENIED AS TO ALL OTHER ISSUES

14 No. 11SC335 Court of Appeals Case No. 10CA399 Karen C. Daniel-Knoll, No. 11SC342 Court of Appeals Case No. 08CA2014 Eliseo Mario Martinez, No. 11SC344 Court of Appeals Case No. 08CA1938 John Alex Lucero,

15 No. 11SC349 Court of Appeals Case No. 09CA2668 Constance Gouge Richardson, American Family Mutual Insurance Company. Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issue: Whether Colorado s collateral source doctrine permits the setoff of previously paid medical expense insurance benefits from a subsequent award of uninsured/underinsured motorist benefits. DENIED AS TO ALL OTHER ISSUES No. 11SC353 Court of Appeals Case No. 08CA329 Leotis Durwin Greer, CHIEF JUSTICE BENDER would grant on the following issue: Whether an appellate court may review unpreserved constitutional contentions for plain error

16 No. 11SC355 Court of Appeals Case No. 09CA2451 Susan Levy, American Family Mutual Insurance Company. Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issue: Whether Colorado s collateral source doctrine permits the setoff of previously paid medical expense insurance benefits from a subsequent award of uninsured/underinsured motorist benefits. DENIED AS TO ALL OTHER ISSUES No. 11SC359 Court of Appeals Case No. 09CA2400 The People of the State of Colorado, Brian Neil Kiniston,

17 No. 11SC371 Court of Appeals Case No. 10CA889 In re the Parental Responsibilities of S.M.J.C.: Constance Ann Crawford, Oglala Sioux Tribe Ontrac. Petition for Writ of Certiorari GRANTED as to all issues, and the judgment of the Colorado Court of Appeals is VACATED. In light of D.P.H. J.L.B., 10SC104 (Colo. September 12, 2011), this case is remanded to the Colorado Court of Appeals with directions to return the case to the trial court for factual findings on the question of abandonment. The trial court may base its findings on evidence currently in the record or may, within its discretion, take new evidence. EN BANC No. 11SC375 Court of Appeals Case No. 09CA1140 Martha Rizo, Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issue: Whether the trial court violate petitioner s fundamental rights to a fair and public trial, to the presumption of innocence, and to equal protection, and violated long-standing federal case law, by arbitrarily ruling that the lawyers had to refer to the jurors by number rather than name and by seating an anonymous jury without any justification other than the trial court s routine policy. DENIED AS TO ALL OTHER ISSUES

18 No. 11SC379 Court of Appeals Case No. 08CA508 Matthew Valverde, No. 11SC410 Court of Appeals Case No. 08CA677 James Gerard Adams, Jr., No. 11SC412 Court of Appeals Case No. 10CA626 Cecil Bynum, Respondents: Keri Johnson, David Ryan, AP Richmond, J. Simmons, J. Casias, J. Andrews, and Robert Heart No. 11SC423 Court of Appeals Case No. 10CA208 Jaime Nolan Duran,

19 No. 11SC431 Court of Appeals Case No. 10CA1187 Joan L. Holley, Linda C. Huang, M.D No. 11SC435 Court of Appeals Case No. 09CA1295 Ezamika Nigel Brown, No. 11SC436 Court of Appeals Case No. 11CA314 Joseph Carter, No. 11SC437 Court of Appeals Case No. 08CA1618 Crystal Lynn Mawson, JUSTICE MÁRQUEZ does not participate

20 No. 11SC438 Court of Appeals Case No. 09CA2459 Antwon Gierbolini, No. 11SC439 Court of Appeals Case No. 08CA1326 Kevin Hill, No. 11SC440 Court of Appeals Case No. 10CA507 Victor Lopez, JUSTICE MÁRQUEZ does not participate No. 11SC443 Court of Appeals Case No. 09CA1678 Maurice C. Hall,

21 No. 11SC444 Court of Appeals Case No. 08CA1654 Lucille Valles, 21