ANNOUNCEMENTS COLORADO SUPREME COURT TUESDAY, DECEMBER 2,

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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 Two East 14th Avenue Denver, Colorado Case No. 07SC279 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 05CA1159 Joseph Edwards, JUDGMENT REVERSED EN BANC JUSTICE BENDER delivered the Opinion of the Court. JUSTICE COATS dissents, and JUSTICE EID joins in the dissent

2 SUPREME COURT, STATE OF COLORADO Two East 14th Avenue Denver, Colorado Case No. 07SC789 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 05CA2075 Acoustic Marketing Research, Inc., d/b/a Sonora Medical Systems, Inc., Technics, LLC. JUDGMENT AFFIRMED EN BANC JUSTICE RICE delivered the Opinion of the Court. JUSTICE COATS dissents, and JUSTICE EID joins in the dissent

3 SUPREME COURT, STATE OF COLORADO Two East 14 th Avenue Denver, Colorado Case No. 08SA71 Original Proceeding Pursuant to C.A.R. 21 El Paso County District Court, Case Nos. 07CR3432 and 07CR3725 Honorable Barney Iuppa, Judge In Re: Plaintiff: The People of the State of Colorado, Defendant: Randy Rico Wright. Rule Made Absolute EN BANC JUSTICE COATS delivered the Opinion of the Court

4 PETITIONS FOR REHEARING + SUPREME COURT, STATE OF COLORADO Case No. 07SC875 Two East 14th Avenue Denver, Colorado Certiorari to the Arapahoe Court District Court District Court Case No. 97CV499 The People of the State of Colorado, Darold Jorlantin. Opinion modified, and as modified, Petition for Rehearing DENIED. EN BANC. --- PETITIONS FOR WRIT OF CERTIORARI No. 08SC134 Jefferson County District Court Case No. 07CV2723 Daniel C. Cadle, Kerry Hicks

5 No. 08SC351 Court of Appeals Case No. 06CA2260 Petitioners: Curious Theatre Company, a Colorado non-profit corporation; Paragon Theatre, a Colorado non-profit corporation; and Theatre 13, Inc., a Colorado non-profit corporation, Respondents: Colorado Department of Public Health and Environment, and Dennis E. Ellis, its executive director. Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issues: Whether the court of appeals erred in holding that Colorado s smoking ban was constitutional as-applied to theatrical smoking under the First Amendment of the United States Constitution. Whether the court of appeals erred in concluding that the Colorado Constitution, Article II, Section 10 provided no greater protection to free speech than the federal Constitution in this case. DENIED AS TO ALL OTHER ISSUES No. 08SC415 Court of Appeals Case No. 07CA0265 In re the Marriage of: Philip Alih Aguda, Margaret U. Aguda

6 No. 08SC508 Court of Appeals Case No. 06CA1041 KEVIN NOVAK, Respondents: JULIE CRAVEN and MARGARET CAWTHRA. CHIEF JUSTICE MULLARKEY would grant as to the following issues: Whether the court of appeals erred in holding that a plaintiff must prove both a violation of a municipal running at large ordinance and common law negligence in order for the defendant house owner to be negligent per se. Whether the court of appeals property ignored the explicit directive of the Lakewood City Council that a violation of the running at large ordinance results in liability, and instead attempted to divine the intent of that body by choosing one of several possible meanings of one word of the ordinance. Whether the court of appeals erred in holding that a purposefully imprecise offer of settlement should be interpreted in accordance with case law discussing unrelated jurisdictional issues, as opposed to a calculation of the final judgment actually awarded under the offer of settlement statute. Whether the court of appeals erred in finding that a 2008 amendment to the offer of settlement statute was intended to change the law, rather than merely clarify it, with respect to the Petitioner s entitlement to recover his pre-offer costs

7 No. 08SC531 Court of Appeals Case No. 07CA0145 Petitioners: Roadway Package System, Inc.; Industrial Claim Appeals Office of the State of Colorado; and Subsequent Injury Fund, Brent Moland No. 08SC571 Court of Appeals Case No. 04CA0501 John Richard Rickman, JUSTICE MARTINEZ and JUSTICE BENDER would grant as to the following issue: Whether the prosecution of Rickman by the People of the State of Colorado is barred by operation of C.R.S. section (1)(a) and the decisions of this court interpreting that statute

8 No. 08SC587 Court of Appeals Case No. 07CA1263 Petitioners: David H. Currier and Heather S. Schultz, Respondents: Michael Sutherland, Special Administrator of the Estate of Eloy Lopez; and State Farm Mutual Automobile Insurance Company. Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issues: Whether the court of appeals, by adopting the modern trend of capacity vs. subject matter jurisdiction when suit is filed against a nonexistent defendant, has improperly defeated the legislative intent behind the remedial revival statute No. 08SC681 Court of Appeals Case No. 07CA0756 Everett Borders, Respondents: Kimi Loeffler, Kobe An Restaurant, and Japan Food Concepts, Inc. f/k/a/ Kobe An, Inc. #2. Petition for Writ of Certiorari DENIED. EN BANC No. 08SC750 Court of Appeals Case No. 05CA2323 Jerald Dean Allen,

9 No. 08SC752 Court of Appeals Case No. 06CA1012 Davis Temple Stephenson, No. 08SC754 Court of Appeals Case No. 07CA2336 In the Interest of: J.A.B., No. 08SC755 Court of Appeals Case No. 07CA2003 In the Interest of: A.M.S.,

10 No. 08SC758 Court of Appeals Case No. 06CA1679 Joseph Sonnier, No. 08SC759 Court of Appeals Case No. 06CA1585 Rudolph Candelaria, No. 08SC765 Court of Appeals Case No. 06CA2205 Lance Patrick Brunsting, No. 08SC770 Court of Appeals Case No. 06CA0987 Anthony McAfee,

11 No. 08SC771 Court of Appeals Case No. 08CA0601 Daniel Morales, No. 08SC772 Court of Appeals Case No. 07CA0755 Rudolph Martin Chavez, No. 08SC773 Court of Appeals Case No. 06CA0660 Woodrow Wilson Carr, III, No. 08SC776 El Paso County District Court Case No. 07CV7181 Petitioners: Rose M. Banks and Colorado Springs Fellowship Church, Academy Station, LLC

12 No. 08SC782 Court of Appeals Case No. 07CA1389 Marisa Feeley, Respondents: Century Communications, Sentry Insurance, and Industrial Claim Appeals Office of the State of Colorado. CHIEF JUSTICE MULLARKEY would grant as to the following issue: Whether this court s decision in Williams Kunau, 147 P.3d 33 (Colo. 2006) is to be applied retroactively No. 08SC785 Court of Appeals Case No. 07CA0466 Jason Lamont Brown, No. 08SC786 Court of Appeals Case No. 06CA2190 Daniel Ambrose Duran,

13 No. 08SC789 Court of Appeals Case No. 07CA1245 Petitioners: Curtis Ohnstad and Gretchen Ohnstad, Respondents: Anthony L. Martinez, Esq. P.C.; and Anthony L. Martinez No. 08SC804 Court of Appeals Case No. 07CA0448 Deanna McManamy, No. 08SC806 Court of Appeals Case No. 06CA1090 James Salazar, No. 08SC807 Court of Appeals Case No. 06CA2393 Christopher Ikeen Jordan,

14 No. 08SC814 Court of Appeals Case No. 05CA2593 John Coffin, No. 08SC816 Court of Appeals Case No. 06CA1230 Maurice Lamont Stewart, No. 08SC818 Court of Appeals Case No. 06CA2568 Joel Riplie, No. 08SC820 Court of Appeals Case No. 06CA1723 Rocky L. Harper,

15 No. 08SC822 Court of Appeals Case No. 06CA1752 Tommy Robinson,