OPINIONS NONE PETITIONS FOR REHEARING

Transcription

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 NONE PETITIONS FOR REHEARING The Supreme Court of the State of Colorado 2 East 14 th Avenue Denver, Colorado CO 36M Supreme Court Case No. 12SC236 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 07CA1955 Petitioner/Cross- The People of the State of Colorado, Respondent/Cross- Rashaim Malique Davis. Opinion modified, and as modified, Petitions for Rehearing DENIED. EN BANC. 1

2 The Supreme Court of the State of Colorado 2 East 14 th Avenue Denver, Colorado CO 42 Supreme Court Case No. 12SC932 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 07CA2467 The People of the State of Colorado, Michael Quinn Tate. * * * * * Supreme Court Case No. 12SC1022 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 08CA105 Tenarro Banks, * * * * * Supreme Court Case No. 13SC211 C.A.R. 50 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 12CA634 Douglas County District Court Case No. 98CR422 2

3 Petitions for Rehearing DENIED. EN BANC. Honorable Richard Caschette, Judge Erik Brendan Jensen, The Supreme Court of the State of Colorado 2 East 14 th Avenue Denver, Colorado CO 43 Supreme Court Case No. 14SC495 C.A.R. 50 to the Colorado Court of Appeals Court of Appeals Case No. 13CA2046 Jefferson County District Court Case No. 97CR1195 Honorable Tamara Russell, Judge Petition for Rehearing DENIED. EN BANC. JUSTICE BOATRIGHT does not participate. The People of the State of Colorado, Frank Vigil, Jr

4 No. 12SC619 Court of Appeals Case No. 10CA2288 Jerry Blair, PETITIONS FOR WRIT OF CERTIORARI No. 13SC13 Court of Appeals Case No. 09CA975 Melvin L. Bomprezzi, No. 14SC161 Court of Appeals Case No. 10CA635 Andres Hidalgo, 4

5 No. 14SC203 Court of Appeals Case No. 09CA2146 Eddie Deshawn Harper, No. 14SC254 Court of Appeals Case No. 10CA2243 Lee Hood, No. 14SC386 Court of Appeals Case No. 10CA1586 Robert Thompson, 5

6 No. 14SC448 Court of Appeals Case No. 10CA1877 Ahmad Elijah Clewis-Green, No. 14SC469 Court of Appeals Case No. 13CA239 C. Randel Lewis, solely in his capacity as receiver, Steve Taylor. Petition for Writ of Certiorari GRANTED. EN BANC. Summary of the Issue: Whether, as a matter of first impression in Colorado, the court of appeals erred by sua sponte deciding that the time period for asserting claims under Colorado s Uniform Fraudulent Transfer Act is jurisdictional. 6

7 No. 14SC475 Court of Appeals Case No. 11CA1516 Miguel Christian Wise, No. 14SC492 Court of Appeals Case No. 11CA474 Miguel Angel Vicente, No. 14SC501 Court of Appeals Case No. 10CA1741 Askia Abdul-Amin, 7

8 No. 14SC530 Court of Appeals Case No. 10CA999 Allen Lee Grabe, No. 14SC542 Court of Appeals Case No. 11CA1456 Petitioner/Cross- Anton Paul Dutton, Respondent/Cross- Petition and Cross- No. 14SC551 Court of Appeals Case No. 09CA2717 Leo J. Cisneros, 8

9 No. 14SC614 Court of Appeals Case No. 08CA2588 Adam Joseph Zamora, JUSTICE HOOD would grant as to the following issues: Whether expanding the predicate robbery for felony murder and aggravated robbery charges to include the taking of a knife after petitioner testified that he disarmed his assailant of the knife in self-defense constituted a constructive amendment or prejudicial variance where the State had charged petitioner with specifically taking only U.S. currency. Whether the affirmative defense of self-defense can be asserted against the general intent crimes of robbery and aggravated robbery where the defendant disarms his assailant of the thing of value, a knife. Whether trial courts should instruct juries where felony murder is charged that the intent to commit the predicate offense must be formed prior to or contemporaneously with the reckless act. No. 14SC631 Court of Appeals Case No. 11CA1178 Esteban Zamora Garcia, 9

10 No. 14SC656 Court of Appeals Case No. 10CA2681 Petitioners: Yacht Club Condominiums Homeowners Association, Steve Delaney, and Robert R. Duncan, Town of Dillon, Colorado. No. 14SC665 Court of Appeals Case No. 10CA2139 Todd William Newmiller, No. 14SC675 Court of Appeals Case No. 10CA790 Victor Cirilo Acosta, 10

11 No. 14SC719 Court of Appeals Case No. 13CA997 Petitioner/Cross- American Family Mutual Insurance Company, Respondent/Cross- Gaffigan and Associates, LLC. Petition and Cross- No. 14SC783 Court of Appeals Case No. 11CA1562 Roderick Elias, JUSTICE HOOD does not participate. No. 14SC799 Court of Appeals Case No. 13CA959 Petitioners: Richard Sandomire and Aline Sandomire, Respondents: Charles St. John and Hillary St. John. 11

12 No. 14SC820 Court of Appeals Case No. 10CA1987 The People of the State of Colorado, Kalani Opana. Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issues: Whether the court of appeals erred in determining that, even though the victim died, the ordinary physical force instruction was appropriate. Whether the court of appeals erred in determining that the trial court s decision constituted plain error. No. 14SC821 Court of Appeals Case No. 11CA2412 Parker Conrad Thompson, 12

13 No. 14SC833 Court of Appeals Case No. 11CA1276 Jacob Roy Wilson, JUSTICE MÁRQUEZ does not participate. No. 14SC843 Court of Appeals Case No. 12CA2218 Rosemary Alice Harris, No. 14SC844 Court of Appeals Case No. 13CA1388 Kaleb Young, an individual, Respondents: Larimer County Sheriff s Office, a local government entity; Justin Smith, in his official and individual capacity as Larimer County Sheriff; and Detective Pete Mesecher, in his official and individual capacity. 13

14 No. 14SC847 Court of Appeals Case No. 13CA358 Rosemary Alice Harris, No. 14SC874 Court of Appeals Case No. 13CA1427 Petitioners: Herbert Hutchins and Deborah Mackall, Respondents: JPMorgan Chase Bank, National Association; Chase Home Finance LLC; and Mortgage Electronic Registration Systems, Inc. No. 14SC894 Court of Appeals Case No. 13CA SIP-1 RADC Venture LLC, a Delaware limited liability company, Respondents: Nancy Ciancio and Marta Ciancio. 14

15 No. 14SC898 Court of Appeals Case No. 11CA408 Mark Fritz, No. 14SC927 Court of Appeals Case No. 13CA2167 Petitioners: Jose Velasquez and Angel Velasquez, as parents and next friends of George Velasquez; and Jose Martinez and Juanna Martinez, as parents and next friends of Gustavo Martinez, Respondents: American Family Mutual Insurance Company, Jose Solis, and Lucero Solis. No. 14SC934 Court of Appeals Case No. 13CA906 In re the Marriage of Patricia Marie Lucero-Blaikie, and Gordon John Blaikie. Petition for Writ of Certiorari DENIED. EN BANC 15

16 No. 14SC977 Court of Appeals Case No. 13CA1364 Petitioners: James M. Graham and Nichole J. Graham, Respondents: Big Cats of Serenity Springs, Inc., d/b/a Serenity Springs Wildlife Center, and Jules Investment, Inc. JUSTICE MÁRQUEZ does not participate. No. 14SC1015 Court of Appeals Case Nos. 12CA1666 & 13CA1986 Fountain Village Townhomes Lender, LLC, a Colorado limited liability company, Respondents: Aspen Mortgage Corporation, a Colorado corporation, and Larry Schreder. No. 14SC1018 Court of Appeals Case No. 13CA828 The People of the State of Colorado, Joel Antonio Calderon. 16

17 No. 14SC1022 Court of Appeals Case No. 14CA1307 The People of the State of Colorado, Graylon Thomas. JUSTICE COATS and JUSTICE BOATRIGHT would grant as to the following issue: Whether the court of appeals erred in upholding the trial court dismissal of two theft charges at preliminary hearing, where the trial court correctly stated but failed to consider circumstantial evidence or draw reasonable inferences in the favor of the People and impermissibly considered contradictory evidence in reaching its decision. No. 14SC1048 Court of Appeals Case Nos. 09CA537 & 09CA542 Manuel Martinez, 17

18 No. 15SC112 Court of Appeals Case No. 13CA1706 Yesenia Roque-Diaz, JUSTICE MÁRQUEZ would grant as to the following issue: Whether the trial court reversibly erred and violated the petitioner s due process rights by refusing to provide the jury with an affirmative defense instruction on duress when the defense had presented some credible evidence demonstrating (1) an immediate threat of death or bodily injury, (2) the petitioner s well-grounded fear that the threats against her would be carried out, and (3) no reasonable opportunity for her to escape the threatened harm. No. 15SC119 Court of Appeals Case No. 13CA249 In re the Marriage of Rudolph R. Vigil, and Cassandra Jean Vigil, n/k/a Cassandra O Hayre. 18

19 No. 15SC120 Court of Appeals Case No. 13CA2082 Walter L. Rodgers, JUSTICE MÁRQUEZ does not participate. No. 15SC121 Court of Appeals Case No. 12CA710 Marquis Stephenson, JUSTICE MÁRQUEZ does not participate. No. 15SC123 Court of Appeals Case No. 11CA2365 Doyle Dean Ford, 19

20 No. 15SC125 Court of Appeals Case No. 13CA2360 Bruce Edward Peterson, No. 15SC127 Court of Appeals Case No. 14CA252 The Upper Yampa Water Conservancy District, Respondents: Brian Stahl, Robert Stahl, and Virginia Stahl. No. 15SC132 Court of Appeals Case No. 14CA1140 Pamela McTaggert-Kerns, Respondents: Dell, Inc.; New Hampshire Insurance Company; and Industrial Claims Appeals Office of the State of Colorado. JUSTICE HOOD does not participate. 20

21 No. 15SC137 Court of Appeals Case No. 13CA506 Jay Anthony Kopp, No. 15SC141 Court of Appeals Case No. 13CA930 Frani Lisa Olivas, No. 15SC144 Court of Appeals Case No. 13CA1442 Susan Boyd, 21

22 No. 15SC145 Court of Appeals Case No. 11CA2545 Jason Lee Coleman, No. 15SC146 Court of Appeals Case No. 13CA74 Brian Russell Petty, No. 15SC151 Court of Appeals Case No. 12CA1099 Victor Elias Quintana, 22

23 No. 15SC152 Court of Appeals Case No. 14CA21 Roscoe Ford, JUSTICE COATS does not participate. No. 15SC154 Court of Appeals Case No. 12CA2554 Mauro Flores, No. 15SC155 Court of Appeals Case No. 12CA893 Gordon Lamay Johnston, 23

24 No. 15SC156 Court of Appeals Case No. 12CA507 Nicholas Valencia, No. 15SC160 Court of Appeals Case No. 14CA1513 Fred Edward Barrera, No. 15SC162 Court of Appeals Case No. 10CA824 Erik Osborn, 24

25 No. 15SC164 Mesa County District Court Case No. 14CV4117 Johnny Herrera, No. 15SC167 Court of Appeals Case No. 12CA968 Stacy Leigh Rogers, No. 15SC168 Court of Appeals Case No. 12CA1167 Anthony Micah Lowder, 25

26 No. 15SC169 Court of Appeals Case No. 13CA1360 Daniel Oliver, No. 15SC179 Court of Appeals Case No. 13CA38 John Taylor, No. 15SC188 Court of Appeals Case No. 12CA202 Ricardo Chalchi-Sevilla, 26

27 No. 15SC198 Court of Appeals Case No. 14CA292 Michael D. Rea, II, Respondents: Colorado Department of Corrections and Rick Raemisch. No. 15SC199 Court of Appeals Case No. 14CA407 Shawn L. Rollins, No. 15SC200 Court of Appeals Case No. 12CA2485 Kenneth Paul Rodriguez, 27

28 No. 15SC201 Court of Appeals Case No. 12CA583 William Monroe Robertson, No. 15SC208 Court of Appeals Case No. 13CA1882 George Howard Stewart, No. 15SC214 Court of Appeals Case No. 13CA2202 Petitioners: Jeffrey D. Nuttall and Aliesha D. Nuttall, Sterling Hills West (Sterling Hills Filing 9 and 10) Homeowners Association, Inc. 28

29 No. 15SC220 Pueblo County District Court Case No. 14CV30683 John Harrison, No. 15SC221 Court of Appeals Case No. 13CA1721 Victor A. Lopez, No. 15SC222 Court of Appeals Case No. 13CA1416 Warren Carter, 29

30 No. 15SC223 Court of Appeals Case No. 13CA2008 Derrick Darnell Frazier, No. 15SC224 Court of Appeals Case No. 14CA772 Justin Casey Schaaf, No. 15SC225 Court of Appeals Case No. 13CA2047 Emmitt James Compito, 30

31 No. 15SC228 Court of Appeals Case No. 13CA735 Charles John Belter, No. 15SC231 Court of Appeals Case No. 14CA174 John Robert Howland, No. 15SC237 Court of Appeals Case No. 14CA830 Scott Day, Respondents: Industrial Claim Appeals Office of the State of Colorado, Kinder Morgan Incorporated, and Old Republic Insurance Company. JUSTICE MÁRQUEZ does not participate. 31

32 No. 15SC238 Court of Appeals Case No. 13CA2143 Kevin Logan Alter, No. 15SC239 Court of Appeals Case No. 12CA1990 Monty Luke Pilgrim, No. 15SC240 Court of Appeals Case No. 13CA2333 Leo Simmons, 32