ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, DECEMBER 17, 2007

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1 ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, DECEMBER 17, 2007 "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 OPINIONS Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 05CA0180 RAYMOND JUHL, Case No. 06SC637 JUDGMENT REVERSED EN BANC JUSTICE MARTINEZ delivered the Opinion of the Court. JUSTICE COATS dissents. JUSTICE EID does not participate. file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2007/ htm (1 of 15) [8/19/2008 5:03:37 PM]

2 Case No. 07SA167 SUPREME COURT, STATE OF COLORADO Two East 14th Avenue Denver, Colorado Original Proceeding Pursuant to C.A.R. 21 Delta County District Court Case No. 06CV37 Honorable Charles R. Greenacre, Judge In Re: Plaintiff: ANDREA GOETTMAN, for herself and in the Representative Capacity for the Estate, Heirs and Minor Children (L.R.G., J.M.G. and M.B.G.) of Michael B. Goettman, Defendants: NORTH FORK VALLEY RESTAURANT; THIRSTY PARROT PUB; LAWRENCE JAKUBIAK; GABE NEUENSCHWANDER; PATRICIA MEDINA; KATE BENTON; PHILLIP DUNN; HYDRAMATIC ENGINEERING, PTY. LTD.; ARO MINING PRODUCTS USA, INC.; and JOHN DOES 1-5. RULE TO SHOW CAUSE DISCHARGED EN BANC JUSTICE BENDER delivered the Opinion of the Court. JUSTICE EID dissents, and JUSTICE RICE joins in the dissent. SUPREME COURT, STATE OF COLORADO Two East 14 th Avenue Denver, Colorado Interlocutory Appeal from the Arapahoe County District Court, Case No. 06CR3534 Honorable Gerald J. Rafferty, Judge Case No. 07SA177 file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2007/ htm (2 of 15) [8/19/2008 5:03:37 PM]

3 Plaintiff-Appellant: THE PEOPLE OF THE STATE OF COLORADO, Defendant-Appellee: RICARDO TERRAZAS-URQUIDI. ORDER REVERSED EN BANC JUSTICE RICE delivered the Opinion of the Court. SUPREME COURT, STATE OF COLORADO Two East 14th Avenue Denver, Colorado Certiorari to the El Paso County District Court El Paso County Case No. 06CV1687 Honorable Edward S. Colt, Judge JOHN HOLCOMB, JAN-PRO CLEANING SYSTEMS OF SOUTHERN COLORADO. Case No. 06SC757 JUDGMENT REVERSED AND REMANDED EN BANC JUSTICE COATS delivered the Opinion of the Court. JUSTICE HOBBS dissents, and CHIEF JUSTICE MULLARKEY and JUSTICE RICE join in the dissent. file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2007/ htm (3 of 15) [8/19/2008 5:03:37 PM]

4 PETITIONS FOR REHEARING Case No. 07SA201 SUPREME COURT, STATE OF COLORADO Two East 14 th Avenue Denver, Colorado Original Proceeding Pursuant to (2), 1 C.R.S. (2006) Appeal from the Ballot Title Setting Board IN THE MATTER OF THE TITLE, BALLOT TITLE AND SUBMISSION CLAUSE, FOR , # 17 (NEW STATE DEPARTMENT AND ELECTED BOARD FOR ENVIRONMENTAL CONSERVATION). Petitioners: douglas kemper and STUART A. SANDERSON, Registered Electors of the State of Colorado, Objectors, Respondents: RICHARD G. HAMILTON and PHIL DOE, Proponents, and Title Board: WILLIAM A. HOBBS, DANIEL CARTIN, and DANIEL DOMENICO. Opinion modified, and as modified, Petition for Rehearing DENIED. EN BANC. file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2007/ htm (4 of 15) [8/19/2008 5:03:37 PM]

5 Case No. 07SA65 SUPREME COURT, STATE OF COLORADO Two East 14th Avenue Denver, Colorado Original Proceeding Pursuant to C.A.R. 21 Eagle County District Court Case No. 05CV345 Honorable Frederick Gannett, Judge In Re: Plaintiffs: AARON STAMP and KELLY STAMP, Defendants: THE VAIL CORPORATION, a Colorado corporation, d/b/a VAIL ASSOCIATES, INC.; and MARK CHARD, and Third Party Defendant: TERRY DELLIQUADRI. Petition for Rehearing DENIED. EN BANC. PETITIONS FOR WRIT OF CERTIORARI No. 07SC309 Court of Appeals Case No. 04CA2704 (3/8/06) Petitioners: AVIS RENT A CAR SYSTEM, INC., a Delaware corporation; BUDGET RENT A CAR SYSTEM, INC., a Delaware corporation; DTG OPERATIONS, INC.; ENTERPRISE LEASING COMPANY WEST, a Nevada corporation; THE HERTZ CORPORATION, a Delaware corporation; and TIARA ENTERPRISES, INC., d/b/a PAYLESS CAR RENTAL, a Colorado corporation. file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2007/ htm (5 of 15) [8/19/2008 5:03:37 PM]

6 CENTRAL PARKING SYSTEM, INC. JUSTICE MARTINEZ and JUSTICE EID would grant as to the following issues: Whether the bailment relationship that Colorado law recognizes for a car rental transaction is mutually exclusive of an agency relationship, so that, absent specific authorization, a car rental customer (bailee) cannot bind a car rental company (bailor) to a contract with a third party such as an agreement for private parking services. Whether car rental companies may be held liable under theories of unjust enrichment or breach of implied contract for their customers unpaid parking charges when the car rental companies did not engage in improper conduct and were not enriched by their customers failure to pay for their parking charges. No. 07SC539 Court of Appeals Case No. 05CA1845 (3/22/07) Petitioners: ESTATES IN EAGLE RIDGE L.L.L.P., a Colorado limited liability partnership; TERRY D. HAMILTON; and SHARON M. HAMILTON, Respondents: HENRY WILLMS and DOLLY G. WILLMS, co-trustees of the declaration of trust established September 26, No. 07SC566 Court of Appeals Case No. 04CA2431 (5/31/07) SHAWN ASBERRY, JUSTICE MARTINEZ would grant as to the following issue: Whether the court of appeals wrongly concluded that evidence of prior criminality, admitted as res gestae, was not error. No. 07SC598 Court of Appeals Case No. 04CA2580 (5/24/07) file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2007/ htm (6 of 15) [8/19/2008 5:03:37 PM]

7 DEBBIE BELL, Respondents: the people of the state of colorado. No. 07SC614 Court of Appeals Case No. 03CA1895 (5/31/07) TREVON DEON WASHINGTON, a/k/a VENDA JOHNSON, JR., Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issue: Whether the trial court and the court of appeals erred in declining to vacate Petitioner's convictions based upon the State's non-compliance with the "fair cross-section" requirement of the Sixth Amendment to the United States Constitution. DENIED AS TO ALL OTHER ISSUES. No. 07SC634 Court of Appeals Case No. 06CA0293 (5/24/07) ROBERT MCKENZIE, Respondents: LADY BELL CORPORATION, LADY BELL EXTENSION CORPORATION, LADY BELL I CORPORATION, LADY BELL II CORPORATION, LADY BELL III CORPORATION, LADY BELL IV CORPORATION, LADY BELL V CORPORATION, LADY BELL VI CORPORATION, SCOTT CALHOUN, PAUL W. BLYMER, LUKE CALHOUN, VERONICA CALHOUN, V.L. MAREK, and CHARLES REEDY. No. 07SC654 Court of Appeals Case No. 04CA2455 (6/29/06) MIKE COFFMAN, in his official capacity as Colorado Secretary of State, file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2007/ htm (7 of 15) [8/19/2008 5:03:37 PM]

8 Respondents: WALTER F. BROWN and MARY C. HOLLIS. No. 07SC656 Court of Appeals Case No. 05CA2284 (6/14/07) ELIZABETH DeHERRERA, as mother and next friend of Lucas DeHerrera, SENTRY INSURANCE COMPANY. No. 07SC681 Court of Appeals Case No. 05CA2651 (6/21/07) CORNELIUS BLAKE, No. 07SC693 Court of Appeals Case No. 07CA903 LORI JEAN LIPSON, Respondents: MICHAEL J. ROBERTS. Petition for Writ of Certiorari pursuant to C.A.R. 50 DENIED. EN BANC. CHIEF JUSTICE MULLARKEY would grant as to the following issue: Whether the five year reachback provision of C.R.C.P. 16.2(e)(10) confers jurisdiction to consider post-decree motions filed on or after January 1, 2005 seeking reallocation of marital assets based on spousal misrepresentation and/or fraud for cases filed prior to January 1, 2005; or whether the district court was correct in ruling that Rule 16.2 s five-year period for seeking such relief only applies to cases originally filed after January 1, No. 07SC696 Court of Appeals Case No. 04CA1751 (6/28/07) file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2007/ htm (8 of 15) [8/19/2008 5:03:37 PM]

9 ANTHONY ANDRUSYK, No. 07SC701 Court of Appeals Case No. 05CA1678 (7/26/07) DANIEL RINKER, No. 07SC732 Court of Appeals Case No. 04CA0780 (7/12/07) LORENZO SAYLES, Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issue: Whether the court erred in refusing to convene a new jury panel or to grant a new trial because of Arapahoe County s systematic exclusion of African-Americans from the venire. DENIED AS TO ALL OTHER ISSUES. No. 07SC746 Court of Appeals Case No. 06CA0274 (6/21/07) In the matter of the Estate of Jeannette Alice Swanger, a/k/a Jeannette A. Swanger, a/k/a Jeannette Swanger, deceased. MARK SWANGER, file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2007/ htm (9 of 15) [8/19/2008 5:03:37 PM]

10 JOHN RUSSELL CARLSON. No. 07SC747 Court of Appeals Case No. 06CA1165 (6/21/07) JAMES A. CHILD, JOE ORTIZ, Executive Director of the Colorado Department of Corrections. No. 07SC754 Court of Appeals Case No. 06CA2312 (8/2/07) DOUG GRUENDL, Respondents: ATC VANCOM, TWIN CITY FIRE INSURANCE, and INDUSTRIAL CLAIM APPEALS OFFICE. No. 07SC784 Baca County District Court Case No. 05CV35 DERRAL SCHRODER, No. 07SC791 Court of Appeals Case No. 06CA0816 (8/2/07) KENNETH RAYMOND ZARTNER, No. 07SC797 Court of Appeals Case No. 07CA0481 (8/2/07) file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2007/ htm (10 of 15) [8/19/2008 5:03:37 PM]

11 JAMIE DOMINIC SAILAS, No. 07SC799 Court of Appeals Case No. 05CA2349 (8/16/07) KP & R, INC., d/b/a ROYAL SUPPLY COMPANY, INC., COMBINED DISTRIBUTION COMPANIES, INC., d/b/a STANLEY FASTENERS & SHOP SUPPLY. No. 07SC805 Court of Appeals Case No. 05CA1714 (6/7/07) PAUL CHAYNE WILLIAMS, No. 07SC816 Court of Appeals Case No. 05CA0260 (6/7/07) In re the Marriage of: WILLIAM CHIN, and HELENA LOEWEN. No. 07SC821 Court of Appeals Case No. 06CA0349 (7/5/07) ANTHONY GREEN, file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2007/ htm (11 of 15) [8/19/2008 5:03:37 PM]

12 EXEMPLA, INC., a/k/a EXEMPLA WEST PINES, a/k/a WEST PINES EXEMPLA BEHAVIORAL HEALTH. No. 07SC829 Court of Appeals Case No. 05CA2507 (8/9/07) NIKKI ROGERS, No. 07SC831 Court of Appeals Case No. 06CA0916 (8/9/07) SETH FLUKEY, No. 07SC834 Court of Appeals Case No. 06CA0404 (8/9/07) HECTOR JOSE GUTIERREZ-TORRES, No. 07SC840 Larimer County District Court No. 98CR1467 ALBERT RAYMOND GONZALES, file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2007/ htm (12 of 15) [8/19/2008 5:03:37 PM]

13 No. 07SC843 Court of Appeals Case No. 04CA2266 (9/13/07) JIMMY JOSEPH VASQUEZ, No. 07SC846 Court of Appeals Case No. 05CA0516 (8/16/07) GREGORY MORRIS, No. 07SC847 Court of Appeals Case No. 07CA0064 (8/16/07) MICHAEL CANDELARIA, No. 07SC854 Court of Appeals Case No. 05CA1528 (8/2/07) ERNEST J. BRIM, a/k/a BERNARD J. HORNE, No. 07SC859 Court of Appeals Case No. 05CA0272 (8/9/07) file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2007/ htm (13 of 15) [8/19/2008 5:03:37 PM]

14 JENNIFER HARRIS, No. 07SC863 Court of Appeals Case No. 05CA0747 (8/23/07) JOHN JUSTIN DAHMER, JR., No. 07SC867 Court of Appeals Case No. 05CA1972 (6/26/07) GORDON RANDALL ROBERTS, No. 07SC868 Court of Appeals Case No. 05CA2291 (8/23/07) JACOB MARTINEZ, No. 07SC956 Court of Appeals Case No.07CA1124 (10/11/07) A.B.-T., THE PEOPLE OF THE STATE OF COLORADO, In the Interest of E.R., Minor Child. file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2007/ htm (14 of 15) [8/19/2008 5:03:37 PM]

15 No. 07SC987 Court of Appeals Case No. 07CA1357 (11/1/07) R.M.J., a/k/a R.M.H., THE PEOPLE OF THE STATE OF COLORADO, In the Interest of J.I.G., S.M.J., and A.M.J., Minor Children. file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2007/ htm (15 of 15) [8/19/2008 5:03:37 PM]