ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, MAY 16, 2005

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1 ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, MAY 16, 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. Click on the case number to view the opinion in pdf format SUPREME COURT, STATE OF COLORADO Two East 14th Avenue Denver, Colorado Interlocutory Appeal from the District Court Weld County Case No. 02CR1420 Honorable Gilbert A. Gutierrez, Judge Plaintiff-Appellant: THE PEOPLE OF THE STATE OF COLORADO, Defendant-Appellee: JUAN PASCUAL. JUDGMENT AFFIRMED EN BANC Case No. 04SA400 JUSTICE BENDER delivered the Opinion of the Court. JUSTICE KOURLIS dissents, JUSTICE RICE and JUSTICE COATS join in the dissent. file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2005/ htm (1 of 16) [9/11/2008 8:19:47 AM]

2 Case No. 04SC232 SUPREME COURT, STATE OF COLORADO Two East 14 th Avenue Denver, Colorado Certiorari to the Colorado Court of Appeals Court of Appeals Case Nos. 02CA0734, 02CA2001 In Re the Marriage of NANCY S. CHALAT, n/k/a NANCY S. SHAPIRO, and JAMES H. CHALAT. JUDGMENT AFFIRMED IN PART AND REVERSED IN PART EN BANC JUSTICE RICE delivered the Opinion of the Court. JUSTICE BENDER does not participate. 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. 02CA0024 Petitioner/Cross- THE PEOPLE OF THE STATE OF COLORADO, Respondent/Cross- LOUIS A. MADDEN. Case No. 03SC771 file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2005/ htm (2 of 16) [9/11/2008 8:19:47 AM]

3 Petition for Rehearing DENIED. EN BANC. JUSTICE MARTINEZ and JUSTICE BENDER would grant the Petition. JUSTICE COATS does not participate. SUPREME COURT, STATE OF COLORADO Two East 14th Avenue Denver, Colorado Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 02CA2498 DONALD KELLER, individually and d/b/a CONTINENTAL CLEANERS, Case No. 04SC304 TUGBA KOCA, a minor child, by and through her legal guardian, Paula Alpar. Opinion modified, and as modified, Petition for Rehearing DENIED. EN BANC. PETITIONS FOR WRIT OF CERTIORARI No. 04SC715 Court of Appeals Case No. 02CA1061 (10/7/04) SHAWN DEWITT ALLEN, No. 04SC732 Court of Appeals Case No. 01CA1020 (8/7/03) file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2005/ htm (3 of 16) [9/11/2008 8:19:47 AM]

4 FREDERICK ARTHUR GOOKINS, PEOPLE OF STATE OF COLORADO, No. 04SC769 Court of Appeals Case No. 02CA1199 (10/7/04) SHEDRICK WILFORD, Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issue: Whether the term confederate as it is used in the aggravated robbery statute, (1)(c), 6 C.R.S. (2004), requires the prosecution to prove that the confederate acted with intent. DENIED AS TO ALL OTHER ISSUES No. 04SC799 Larimer County District Court, Case No. 04CV1550 DAVID ALLEN SZANTO, No. 04SC815 Court of Appeals Case No. 03CA0116 (9/2/04) DONALD JACK PRIEST, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2005/ htm (4 of 16) [9/11/2008 8:19:47 AM]

5 No. 04SC843 Court of Appeals Case No. 04CA0044 (11/18/04) Petitioners: USF DISTRIBUTION SERVICES, INC. and TRAVELERS INSURANCE COMPANY, Respondents: INDUSTRIAL CLAIM APPEALS OFFICE and STEVEN D. ENGEBRETSON. No. 04SC860 Court of Appeals Case No. 03CA0466 (9/30/04) ROSA LABRADA, CHIEF JUSTICE MULLARKEY would grant as to the following issues: Whether the court of appeals erred in holding that the defendant lacked standing to challenge the search of a vehicle in which she was a passenger and resulting seizure of the controlled substance at issue in this case when the defendant was charged and convicted pursuant to a guilty plea of possession to distribute the same controlled substance. Whether drilling into the undercarriage of a vehicle in which the defendant was a passenger exceeded the scope of general consent given to search the vehicle. No. 04SC867 Court of Appeals Case No. 03CA1647 (11/10/04) In re the parental responsibilities of C.R.G.W., minor child. EUGENE WIDEMAN, AMELIA GARCIA. No. 04SC868 file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2005/ htm (5 of 16) [9/11/2008 8:19:47 AM]

6 Court of Appeals Case No. 03CA0158 (11/10/04) PAUL ALVARADO, JR., Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issue: Whether a conviction for criminal impersonation under section (1), C.R. S. (2004) requires proof of an additional act, other than the act of impersonation, from which a defendant intends to receive a benefit. DENIED AS TO ALL OTHER ISSUES. No. 04SC869 Court of Appeals Case No. 02CA1731 (11/10/2004) ROSS NEDDERMEYER, No. 04SC870 Court of Appeals Case No. 02CA1255 (11/10/04) GREGORY GLENN BELL, No. 05SC2 Court of Appeals Case No. 03CA0996 (9/30/04) JESSE L. WILKINSON, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2005/ htm (6 of 16) [9/11/2008 8:19:47 AM]

7 No. 05SC19 Court of Appeals Case No. 03CA1693 (11/24/04) ROBERT S. HAMILTON, JR., d/b/a R.S. HAMILTON RANCHES, Respondents: MICHAEL P. HALPIN and LAURA J. HALPIN. No. 05SC30 Court of Appeals Case No. 02CA0012 (8/5/04) Petitioner/Cross- THE PEOPLE OF THE STATE OF COLORADO, Respondent/Cross- JERRY HAROLD GARMANY. Petition for Writ of Certiorari GRANTED. Cross-Petition for Writ of Certiorari DENIED. EN BANC. Summary of Issue: Whether the Court of Appeals erroneously limited a trial court s ability to assess the admissibility of expert testimony, improperly found professional disciplinary evidence to be irrelevant to an expert s credibility, and erroneously determined that the admission of such evidence was not harmless error in this case. No. 05SC33 District Court, City & County of Denver, Case No. 04CV7510 WILLIAM W. ANDERSON, JR., BARBARA E. WELLER. JUSTICE MARTINEZ would grant as to the following issue: Does Colorado s Civil Protection Orders statute, section violate the file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2005/ htm (7 of 16) [9/11/2008 8:19:47 AM]

8 restrained party s state and federal due process rights by prohibiting him from filing a motion to modify or dismiss a permanent restraining order for a period of four years after the original imposition of the order? No. 05SC35 Court of Appeals Case No. 03CA0815 (9/23/05) BRENT MOLAND, Respondents: ROADWAY PACKAGE SYSTEM, INC; INDUSTRIAL CLAIM APPEALS OFFICE; and SUBSEQUENT INJURY FUND. No. 05SC42 Court of Appeals No. 02CA1077 (3/25/04) Petitioner/Cross- ZC STERLING INSURANCE AGENCY, INC., Respondent/Cross- DAVID SKERDA. Petition and Cross- CHIEF JUSTICE MULLARKEY would grant as to the following issues: Did the court of appeals err in holding that the District Court should have granted ZCS motion for directed verdict on Skerda s Wage Act Claim, where there was sufficient evidence upon which the jury concluded that the amounts claimed were earned, unpaid, vested and determinable as of Skerda s termination, and thus due and payable, by operation of the statute? Assuming the Court reverses the court of appeals as to Issue 2, above, should the District Court s finding that ZCS withholding of Skerda s compensation lacked good faith legal justification, which is supported by competent evidence, be reinstated? No. 05SC49 Arapahoe County District Court Case No. 04CV4512 JOHN FITZGERALD, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2005/ htm (8 of 16) [9/11/2008 8:19:47 AM]

9 No. 05SC67 Court of Appeals Case No. 03CA1202 (12/6/04) JOHN J. EICHHORN, Respondents: GEORGIA KELLEY and WALTER KEITH. Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issues: Whether private counsel for the beneficiary of a court order, rather than the district attorney or a special prosecutor, is authorized by statute to prosecute an alleged punitive contempt of that order on behalf of the court. Whether private counsel for the beneficiary of a court order prosecuting an alleged punitive contempt of that order creates a conflict of interest or an appearance of impropriety because private counsel has a sole duty to advance the client s interests, rather than to seek justice and fairness in the prosecution. Because a punitive contempt is a matter between the offending party and the court, does a beneficiary of a court order [have] standing to pursue punitive sanctions for an alleged contempt of that order? DENIED AS TO ALL OTHER ISSUES. No. 05SC74 Court of Appeals Case No. 03CA1416 (12/16/04) MANUEL ARAGON, No. 05SC78 Court of Appeals Case No. 03CA1587 (12/23/04) file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2005/ htm (9 of 16) [9/11/2008 8:19:47 AM]

10 JUSTIN GARNER, Respondents: MATTHEW TAYLOR and NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. No. 05SC79 Court of Appeals Case No. 03CA2016 (1/13/05) JEFFREY L. PROPHET, No. 05SC80 Court of Appeals Case No. 03CA1400 (11/24/04) In re the Marriage of: DENNIS N. KING and SUSAN J. KING, and concerning Intervenor: EL PASO COUNTY CHILD SUPPORT ENFORCEMENT UNIT. No. 05SC85 Court of Appeals Case No. 03CA1344 (12/2/04) GLENN GERARD, Respondant: BENEFICIAL COLORADO, INC., a Delaware corporation. No. 05SC90 Court of Appeals Case No. 03CA2281 (12/23/04) file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2005/ htm (10 of 16) [9/11/2008 8:19:47 AM]

11 GEORGE SCOTT, No. 05SC92 Court of Appeals Case No. 02CA2563 (9/30/04) JASON BROKHAUSEN, No. 05SC93 Court of Appeals Case No. 03CA0436 (12/9/04) BILLY JIM EDWARDS, JR., No. 05SC101 Court of Appeals Case No. 03CA0700 (1/13/05) JACK ROOK, M.D., Respondents: INDUSTRIAL CLAIM APPEALS OFFICE and SAFECO INSURANCE. No. 05SC116 Court of Appeals Case No. 02CA2577 (11/18/04) DONALD J. ANDERSON, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2005/ htm (11 of 16) [9/11/2008 8:19:47 AM]

12 No. 05SC119 Court of Appeals Case No. 03CA0671 (12/2/04) Petitioners: GREGORY L. CARTER and CHRISTINA L. CARTER, REBECCA S. RAISH. No. 05SC137 Court of Appeals Case No. 04CA0236 (1/27/05) WILLIAM PHILLIPS, No. 05SC152 Court of Appeals Case No. 03CA2143 (1/20/05) MICHAEL TREVINO, No. 05SC153 Court of Appeals Case No. 03CA2361 (3/7/05) In re the Marriage of: GREGORY L. CARTER, and REBECCA S. RAISH. file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2005/ htm (12 of 16) [9/11/2008 8:19:47 AM]

13 No. 05SC154 Court of Appeals Case No. 02CA1891 (1/20/05) JAMES ASHLEY, JUSTICE COATS does not participate. No. 05SC156 Court of Appeals Case No. 03CA1721 (1/27/05) JASON LYNN GARRINGER, No. 05SC158 Court of Appeals Case No. 03CA1302 (9/30/04) In re the Marriage of: PATRICK LOUIS COOK, and HELEN ANN COOK. No. 05SC159 Court of Appeals Case No. 04CA1656 (2/8/05) C.A.M., THE PEOPLE OF THE STATE OF COLORADO, In the Interest of: J.M., A.M., and M.M., minor children. No. 05SC161 file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2005/ htm (13 of 16) [9/11/2008 8:19:47 AM]

14 Court of Appeals Case No. 02CA2565 (1/20/05) MICHAEL GERARD KOPEC, No. 05SC162 Court of Appeals Case No. 03CA1516 (2/3/05) CYCLE LEE TYLER, No. 05SC163 Court of Appeals Case No. 04CA0171 (2/10/05) ANTHONY CARMINE FERRO, JR., No. 05SC165 Court of Appeals Case No. 03CA0745 (12/23/04) THE PEOPLE OF THE STATE OF COLORADO, MATTHEW TODD PAULEY. No. 05SC169 Court of Appeals Case No. 04CA2077 (2/4/05) Petitioners: STAN J.H. LEE and RTG-TPD TRUST, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2005/ htm (14 of 16) [9/11/2008 8:19:47 AM]

15 Respondents: THE DIANE KATCHEN TRUST and THE BARNEY KATCHEN TRUST. No. 05SC173 Court of Appeals No. 03CA1309 (10/7/04) GUARANTY BANK, Respondents: LASALLE NATIONAL BANK; and CALIFORNIA FEDERAL BANK, a division of Citibank West, FSB. Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issue: Whether the court of appeals erred in ruling that subsequent lenders have notice of a recorded instrument when that instrument contains an incomplete legal description but would have been revealed under a grantor-grantee index search? DENIED AS TO ALL OTHER ISSUES. No. 05SC178 Court of Appeals Case No. 03CA0735 (1/27/05) ROY ELWIN BERQUIST, No. 05SC182 Court of Appeals Case No. 04CA0078 (1/27/05) VERNON DALEY, UNIVERSITY OF COLORADO HEALTH SCIENCES CENTER, a/k/a UNIVERSITY OF COLORADO. file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2005/ htm (15 of 16) [9/11/2008 8:19:47 AM]

16 No. 05SC183 Court of Appeals Case No. 03CA2172 (2/10/05) SCOTT A. TERRY, No. 05SC257 Court of Appeals Case No. 04CA0924 (2/24/05) L.S., THE PEOPLE OF THE STATE OF COLORADO, In the Interest of D.C.-M.S. & A.C.-M.S., Minor Children. file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2005/ htm (16 of 16) [9/11/2008 8:19:47 AM]