OPINIONS NONE PETITIONS FOR REHEARING

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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 NONE PETITIONS FOR REHEARING The Supreme Court of the State of Colorado 2 East 14 th Avenue Denver, Colorado CO 36 Supreme Court Case No. 13SA268 Original Proceeding Pursuant to C.A.R. 21 Douglas County District Court Case No. 08CR109 Honorable Richard B. Caschette, Judge Petition for Rehearing DENIED. EN BANC. In Re Plaintiff: The People of the State of Colorado, Defendant: Bryan Roberson

2 PETITIONS FOR WRIT OF CERTIORARI No. 15SC472 Court of Appeals Case No. 13CA2361 State Farm Mutual Automobile Insurance Company, Dale Fisher. Petition for Writ of Certiorari GRANTED. EN BANC. Summary of the Issue: Whether the court of appeals incorrectly ruled that automobile insurers have a duty to advance partial payments on undisputed portions of an uninsured/underinsured ( UM/UIM ) claim even though the complete claim has not been resolved. DENIED AS TO ALL OTHER ISSUES. No. 15SC573 Court of Appeals Case No. 12CA332 Rodger Evan Manuel, 2

3 No. 15SC583 Court of Appeals Case No. 13CA944 Sheldon Alan Long, JUSTICE MÁRQUEZ does not participate. No. 15SC591 Court of Appeals Case No. 12CA1762 Ranjit Singh Sahota, No. 15SC606 District Court, City and County of Denver, Case No. 15CV149 Jay James, Rox Edge Property Management. 3

4 No. 15SC617 Court of Appeals Case No. 13CA1265 William Hart, No. 15SC662 Court of Appeals Case No. 12CA2068 Bryce Allan Paler Joneson, No. 15SC687 Court of Appeals Case No. 12CA2337 Shawn Michael Peacock, 4

5 No. 15SC704 Court of Appeals Case No. 12CA791 Gejuan Levar Lancaster, JUSTICE GABRIEL does not participate. JUSTICE MÁRQUEZ would grant as to the following issue: Whether the police, acting without a warrant and for the purpose of law enforcement, had a special need to swab Lancaster s cheek for DNA after he was arrested for violating the terms of his deferred judgment and sentence for a misdemeanor offense. No. 15SC705 Court of Appeals Case No. 13CA638 Frank Velasquez, 5

6 No. 15SC706 Court of Appeals Case No. 12CA2277 Reginald Edwards Young, No. 15SC768 Court of Appeals Case No. 12CA1821 Francisco Juarez-Gonzalez, JUSTICE GABRIEL does not participate. No. 15SC795 Court of Appeals Case No. 12CA1824 Tshebia M. Wilson, 6

7 No. 15SC796 Ouray County District Court Case No. 15CV3 Bonnie C. Schuppman, Ridgeway Village Condominiums, LLC. No. 15SC811 Court of Appeals Case No. 13CA1474 Gayle Elizabeth Rauchfuss, No. 15SC815 Court of Appeals Case No. 13CA1998 Mark Irlanda, 7

8 No. 15SC899 Court of Appeals Case No. 14CA273 Forrest Walker, Ford Motor Company. Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issues: Whether the court of appeals erred in concluding that the risk-benefit test for strict product liability incorporates the consumer expectation test, such that the trial court reversibly erred by separately instructing the jury on the consumer expectation test. Whether the jury s separate finding of negligence renders harmless any instructional error regarding strict liability. Whether the court of appeals decision, if correct, applies retroactively. DENIED AS TO ALL OTHER ISSUES. No. 15SC831 Court of Appeals Case No. 11CA2606 Kenneth Fritz, 8

9 No. 15SC902 Court of Appeals Case No. 12CA1145 Benjamin Ray Lucero, No. 15SC947 Court of Appeals Case No. 13CA88 John David Charity, No. 15SC958 Court of Appeals Case No. 14CA1266 Timothy Meek, 9

10 No. 15SC972 Court of Appeals Case No. 14CA1506 Brian Laughman, Jurijs Girtakovskis. CHIEF JUSTICE RICE and JUSTICE COATS would grant as to the following issues: Whether participants in sports owe co-participants the duty to exercise reasonable care. Whether the court of appeals can abrogate common law negligence in a field where the General Assembly has the power to act but has chosen not to do so. Whether section , C.R.S. (2015), requires an assumption of risk defense to be decided by the jury. Whether, in the absence of a meaningful factual record, courts may dispose of claims arising in the context of martial arts or competitive sports on summary judgment, based on subjective notions about the supposed inherent dangers associated with the activity. No. 15SC986 Court of Appeals Case No. 15CA1208 Marcus Robinson, 10

11 No. 15SC995 Court of Appeals Case No. 12CA2332 Arien Richard Rivas, No. 15SC999 Court of Appeals Case No. 14CA803 John Dios Daiz, No. 15SC1024 Court of Appeals Case No. 11CA1139 Horacio Javier Pasillas-Rodriguez Jr., 11

12 No. 15SC1028 Court of Appeals Case No. 12CA2276 The People of the State of Colorado, Monday Matech. CHIEF JUSTICE RICE and JUSTICE COATS would grant as to the following issue: Whether the court of appeals erred in finding that the trial court abused its discretion by denying the defendant s motion to continue the jury trial, contrary to the decisions of the Supreme Court. No. 15SC1046 El Paso County District Court Case No. 15CV31595 Arthur Drummond, No. 15SC1047 District Court, City and County of Denver, Case No. 14CV33957 Heather Bond, 12

13 No. 15SC1053 District Court, City and County of Denver, Case No. 14CV34534 Dana Hamlett, No. 15SC1097 Court of Appeals Case No. 12CA658 Jerome Phillip Sisneros, No. 15SC1099 Court of Appeals Case No. 14CA1762 Dr. Phillip Stull, Los Verdes III, LLC. 13

14 No. 15SC1104 Court of Appeals Case No. 14CA382 Robin Arwood, JUSTICE MÁRQUEZ does not participate. No. 16SC8 Court of Appeals Case No. 14CA1935 In re the Marriage of Christine Bulloch, and Norman Villapando. JUSTICE HOOD does not participate. No. 16SC31 Court of Appeals Case No. 14CA320 Dennis Neil Pratt, 14

15 No. 16SC34 Court of Appeals Case No. 15CA1337 William A. Good, Respondents: Industrial Claim Appeals Office and Commander Dept. of The Army. No. 16SC35 Court of Appeals Case No. 13CA2053 Jarmel Gardner, No. 16SC39 Adams County District Court Case No. 15CV31282 Petitioners: Robert A. Herrera and Robert W. Herrera, Deborah A. Herrera. JUSTICE BOATRIGHT would grant as to the following issue: 15

16 In a consolidated proceeding under section (1)(a), C.R.S., (2015) whether strictly limiting trial presentation to thirty minutes per side inclusive of opening statements, the introduction of evidence, and cross-examination deprives participants due process, as guaranteed by the 14th Amendment to the U.S. Constitution and Article II, section 25 of the Colorado Constitution. No. 16SC41 Court of Appeals Case No. 14CA1179 Christopher Richard Cox, No. 16SC42 Court of Appeals Case No. 14CA1552 Clifford Wayne Chance, No. 16SC50 Court of Appeals Case No. 13CA980 Luke Howard Kerbs, 16

17 No. 16SC58 Court of Appeals Case No. 15CA1509 Leonard Keith Hopson, No. 16SC59 Pueblo County District Court Case No. 15CV30432 William Meekins, 17

18 No. 16SC68 Court of Appeals Case No. 14CA487 Petitioner/Cross- The People of the State of Colorado, Respondent/Cross- Emmet Andrew Larsen. Petition for Writ of Certiorari GRANTED. Cross-Petition for Writ of Certiorari DENIED. EN BANC. Summary of Issues: Whether the court of appeals erred in holding that under Harper People, 817 P.2d 77 (Colo. 1991), the trial court had abused its discretion by failing to poll the jury. Whether the court of appeals erred in holding that under Harper admonitions alone were not sufficient to neutralize the potential for unfair prejudice and requiring trial courts to poll jurors anytime a media report is published mid-trial. Whether the court of appeals erred in holding that the proper remedy for a finding that the jury should have been polled concerning a prejudicial mid-trial news article is a remand for a new trial and not a remand to determine whether the jurors were actually exposed to the article. DENIED AS TO ALL OTHER ISSUES. No. 16SC80 Court of Appeals Case No. 14CA918 Kelly D. Hicks, 18

19 No. 16SC84 Court of Appeals Case No. 15CA416 Kathleen Gormley, No. 16SC89 Court of Appeals Case No. 15CA1433 Ronnie R. Williams, No. 16SC90 Court of Appeals Case No. 08CA828 Jerry Harold Garmany, 19

20 No. 16SC91 Court of Appeals Case No. 13CA1008 Daniel Frank Rael, No. 16SC95 Court of Appeals Case No. 14CA1530 R. Kirk McDonald, Respondents: Vectra Bank Colorado, N.A. and J. Scott Smith. JUSTICE HOOD does not participate. No. 16SC121 Court of Appeals Case No. 15CA437 Gary Robert Miller, 20

21 No. 16SC122 Court of Appeals Case No. 12CA2457 Michael William Duncan, No. 16SC139 Court of Appeals Case No. 14CA2374 Sharman Heotis, a/k/a Sharman Petersen, Colorado Department of Education. No. 16SC370 Court of Appeals Case No. 15CA2061 J.L., The People of the State of Colorado, In the Interest of Minor Children: E.L., L.L., and H.L. 21