OPINIONS. Supreme Court of the State of Colorado 101 West Colfax Avenue, Suite 800 Denver, Colorado CO 63

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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 of the State of Colorado 101 West Colfax Avenue, Suite 800 Denver, Colorado CO 63 Supreme Court Case No. 10SC424 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 07CA902 Abraham Hagos, Judgment Affirmed en banc JUSTICE RICE delivered the Opinion of the Court. JUSTICE EID concurs in the judgment. JUSTICE COATS does not participate. -- 1

2 Supreme Court of the State of Colorado 101 West Colfax Avenue, Suite 800 Denver, Colorado CO 64 Supreme Court Case No. 09SC846 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 08CA713 Henrietta Villarreal, Judgment Affirmed en banc JUSTICE RICE delivered the Opinion of the Court. JUSTICE EID concurs in the judgment, and JUSTICE COATS joins in the concurrence. -- 2

3 PETITIONS FOR REHEARING Supreme Court of the State of Colorado 101 West Colfax Avenue, Suite 800 Denver, Colorado CO 60M Supreme Court Case No. 10SC617 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 07CA2255 The People of the State of Colorado, Charles Anthony Gross. Opinion modified, and as modified, Petition for Rehearing DENIED. EN BANC. -- 3

4 PETITIONS FOR WRIT OF CERTIORARI No. 11SC554 Court of Appeals Case No. 09CA1073 Douglas E. Wilson, Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issue: Whether, pursuant to Indiana Edwards, 554 U.S. 164 (2008), this court should adopt a standard of competency for pro se representation different than that established in Dusky United States, 362 U.S. 402 (1960). DENIED AS TO ALL OTHER ISSUES No. 11SC709 Court of Appeals Case No. 09CA2699 Oloyea D. Wallin, Respondents: Janene McCabe and Sean McDermott. CHIEF JUSTICE BENDER does not participate. JUSTICE MÁRQUEZ would grant as to the following issue: Whether the Colorado Court of Appeals erred in holding that the defendants-appellees of the county public defender office were state actors for protection of governmental immunity under the Colorado Governmental Immunity Act

5 No. 11SC819 Court of Appeals Case No. 09CA242 Jennifer Diane Harris, Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issue: Whether, pursuant to Indiana Edwards, 554 U.S. 164 (2008), this court should adopt a standard of competency for pro se representation different than that established in Dusky United States, 362 U.S. 402 (1960). DENIED AS TO ALL OTHER ISSUES

6 No. 11SC868 Court of Appeals Case No. 10CA742 William Beaty, Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issues: Whether, pursuant to Indiana Edwards, 554 U.S. 164 (2008), this court should adopt a standard of competency for pro se representation different than that established in Dusky United States, 362 U.S. 402 (1960). Whether the trial court also failed to substantially comply with this court s ruling in People Arguello, 772 P.2d 87 (Colo. 1989), where the petitioner evidenced significant mental illness, a lack of understanding of the nature of his defenses (including possible affirmative defenses) and a lack of understanding of the significance of instructions on defenses/affirmative defenses. DENIED AS TO ALL OTHER ISSUES No. 12SC112 Court of Appeals Case No. 10CA2044 James Ciric,

7 No. 12SC180 Court of Appeals Case No. 11CA312 Colorado Special Districts Property and Liability Pool, Respondents: William S. Lyons, III; and William S. Lyons, Jr No. 12SC227 Court of Appeals Case No. 09CA2357 Tony Marcell Singleton, No. 12SC229 Court of Appeals Case No. 08CA1226 Willie Leon McCoy,

8 No. 12SC236 Court of Appeals Case No. 07CA1955 Petitioner/Cross- The People of the State of Colorado, Respondent/Cross- Rashaim Malique Davis. Petition and Cross-Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issues: Whether, pursuant to Indiana Edwards, 554 U.S. 164 (2008), this court should adopt a standard of competency for pro se representation different than that established in Dusky United States, 362 U.S. 402 (1960). Whether the defendant has a fundamental and personal constitutional right to seek to withdraw his guilty plea. Where the prosecution relied on the same quantum of drugs to support two convictions for distribution and possession, do double jeopardy and merger principles require that the possession conviction be vacated. DENIED AS TO ALL OTHER ISSUES No. 12SC260 Court of Appeals Case No. 11CA735 Christopher Malone,

9 No. 12SC262 Court of Appeals Case No. 08CA1178 The People of the State of Colorado, Corey Dean Wagner No. 12SC265 Court of Appeals Case No. 11CA770 James Colombo, Respondents: Colorado Department of Revenue and J. Bachlet, a hearing officer thereof

10 No. 12SC276 Court of Appeals Case No. 09CA1949 Dallas Jeffrey Finney, Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issue: Whether the plain language of section (2), C.R.S. 2012, and the requirements of Crim. P. 11(b) require a court to advise a defendant of the possible penalties he faces upon a guilty plea to a revocation complaint. DENIED AS TO ALL OTHER ISSUES No. 12SC278 Court of Appeals Case No. 11CA830 Exempla, Inc., d/b/a/ Exempla Lutheran Medical Center, Estate of Salvadore Guido. JUSTICE EID does not participate

11 No. 12SC283 Court of Appeals Case No. 10CA383 Todd G. Vecellio, No. 12SC285 Court of Appeals Case No. 09CA185 Eric Brandon Taylor, No. 12SC330 Court of Appeals Case No. 10CA2530 P.W.,

12 No. 12SC332 Court of Appeals Case No. 10CA2600 Alejandro Hernandez-Torres, No. 12SC365 Court of Appeals Case No. 11CA889 Petitioners: Richard Fay and Marilyn Fay, Respondents: City Council, City of Victor, Colorado; City of Victor, Colorado; Tami Mundy; Chris Mundy; and Christopher Lee Downs No. 12SC402 Court of Appeals Case No. 10CA2623 Dervin Leru Taylor,

13 No. 12SC446 Court of Appeals Case No. 11CA368 Petitioners: Heidi Oster, individually and as a member of Horizon Women s Care Professional, LLC; and Horizon Women s Care Professional, LLC, a Colorado limited liability company, Judy Baack No. 12SC453 Court of Appeals Case No. 09CA1795 Robert Keith Hutton, No. 12SC460 Court of Appeals Case No. 11CA811 Sammie Denson,

14 No. 12SC464 Court of Appeals Case No. 10CA2614 Felix Dino Trujillo, No. 12SC466 Court of Appeals Case No. 10CA385 Blake Wayne Burnett, No. 12SC468 Court of Appeals Case No. 09CA958 Lacie Dawn Nelson,

15 No. 12SC470 Court of Appeals Case No. 11CA178 Gabriel Guzman-Torres, No. 12SC471 Court of Appeals Case No. 09CA2248 Adam Jason Booker, No. 12SC472 Court of Appeals Case No. 11CA1445 Kirk Hurd,

16 No. 12SC473 Court of Appeals Case No. 11CA407 David Howard Isberg, JUSTICE MÁRQUEZ does not participate No. 12SC475 Court of Appeals Case No. 08CA1328 Kevin Todd Tanner, No. 12SC477 Court of Appeals Case No. 06CA1761 Curtis Gordon Adams,

17 No. 12SC478 Court of Appeals Case No. 06CA1762 Curtis Gordon Adams, No. 12SC483 Court of Appeals Case No. 09CA2353 Silvanna Guerra, No. 12SC484 Court of Appeals Case No. 10CA836 Edgar Linton Tucker,

18 No. 12SC486 Court of Appeals Case No. 09CA2684 Theresa Ann Rohan, No. 12SC487 Court of Appeals Case No. 09CA2582 Armando Valle-Santana, No. 12SC489 Court of Appeals Case No. 12CA82 In re the Marriage of: Larysa P. Slabeika, and Siarhei Slabeika

19 No. 12SC491 Court of Appeals Case No. 11CA1557 Dominick Joseph Romero, No. 12SC492 Court of Appeals Case No. 10CA1730 Robert Darus Black, No. 12SC495 Court of Appeals Case No. 09CA1584 Jesus M. Dominguez,

20 No. 12SC508 Court of Appeals Case No. 11CA278 In re the Marriage of: Dana Rochee Davis, and Mark Jerome Boykins, and concerning Minor Child, J.E.D No. 12SC514 Court of Appeals Case No. 11CA1905 Lawrence Kubacki, No. 12SC519 Court of Appeals Case No. 11CA299 Michael William Hunter,

21 No. 12SC734 Court of Appeals Case No. 11CA1585 T.R.G., The People of the State of Colorado, In the Interest of Minor Child, S.R.G