OPINIONS NONE PETITIONS FOR REHEARING NONE

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 NONE PETITIONS FOR WRIT OF CERTIORARI No. 13SC55 Court of Appeals Case No. 10CA1471 George Lo, Petition for Writ of Certiorari GRANTED, and the judgment of the Colorado Court of Appeals is vacated. The case is remanded to the Colorado Court of Appeals for reconsideration in light of People Tate, 12SC932, 2015 CO 42. EN BANC. Order and Mandate issued on August 19,

2 No. 13SC551 Court of Appeals Case No. 08CA738 Alberto Valles, Petition for Writ of Certiorari GRANTED. EN BANC. Summary of the Issue: Whether the sentencing remedy applied by the court of appeals here, as well as in People Banks, 2012 COA 157 was erroneous. The judgment of the Colorado Court of Appeals is vacated. The case is remanded to the Colorado Court of Appeals for reconsideration in light of People Tate, 12SC932, 2015 CO 42. DENIED AS TO ALL OTHER ISSUES. Order and Mandate issued on August 19, JUSTICE HOOD would grant as to the following issue: Whether the defendant s constitutional due process rights to a fair trial and confrontation of witnesses was violated and required reversal

3 No. 13SC574 Court of Appeals Case No. 11CA1016 Phillip R. Trujillo, Petition for Writ of Certiorari GRANTED, and the judgment of the Colorado Court of Appeals is vacated. The case is remanded to the Colorado Court of Appeals for reconsideration in light of People Tate, 12SC932, 2015 CO 42. EN BANC. Order and Mandate issued on August 19, No. 13SC602 Court of Appeals Case No. 11CA1246 Adam Joseph Drake, Petition for Writ of Certiorari GRANTED, and the judgment of the Colorado Court of Appeals is vacated. The case is remanded to the Colorado Court of Appeals for reconsideration in light of People Tate, 12SC932, 2015 CO 42. EN BANC. Order and Mandate issued on August 19,

4 No. 13SC808 Court of Appeals Case No. 11CA1571 Philip Michael Montoya, Petition for Writ of Certiorari GRANTED, and the judgment of the Colorado Court of Appeals is vacated. The case is remanded to the Colorado Court of Appeals for reconsideration in light of People Tate, 12SC932, 2015 CO 42. EN BANC. Order and Mandate issued on August 19, No. 14SC98 Court of Appeals Case No. 10CA1743 Jahaun Asa Gipson, JUSTICE MÁRQUEZ would grant as to the following issue: Whether the court of appeals erred in concluding that the petitioner waived his public trial claim by failing to object to the closure of the courtroom during jury selection. 4

5 No. 14SC168 Court of Appeals Case No. 10CA1641 Gregory Robert Rivas, JUSTICE MÁRQUEZ would grant as to the following issue: Whether the court of appeals erred in concluding that defense counsel waived as opposed to forfeited petitioner s public trial rights by failing to object to the closure of the courtroom during jury selection, see Anderson People, 490 P.2d 47, 52 (Colo. 1971), when at the time this court decided Anderson, the United States Supreme Court had not yet classified the public trial right as a right reviewed under structural error analysis, or, in other words, a right that requires automatic reversal of a defendant s conviction regardless of whether the error at issue was objected to at trial. 5

6 No. 14SC340 Court of Appeals Case No. 11CA172 Petitioner/Cross- The People of the State of Colorado, Respondent/Cross- Darren Roman. Petition for Writ of Certiorari GRANTED. Petition for Cross-Petition for Writ of Certiorari DENIED. EN BANC. Summary of the Issue: Whether the trial court s failure to instruct the jury on a lesser-included offense was harmless when the jury s verdict rejected a comparable lesser-included offense. DENIED AS TO ALL OTHER ISSUES. No. 14SC391 Court of Appeals Case No. 10CA941 Rudolph Mark Garcia, JUSTICE HOOD does not participate. 6

7 No. 14SC459 Court of Appeals Case No. 09CA1844 Edgardo Alvarez-Williams, No. 14SC465 Court of Appeals Case No. 10CA414 Jordan Paul Stroud, JUSTICE MÁRQUEZ does not participate. JUSTICE HOOD would grant as to the following issues: Whether the court of appeals misapplied the constitutional harmless error standard of review and shifted the burden of proof when, despite concluding the trial court erred by depriving an indigent defendant access to state-funded support services to retain an expert, the court held the error was harmless because the defendant failed to prove the error could have contributed to his conviction given that the prosecution s expert evidence at trial was overwhelming. Whether the court of appeals erred in declining to reverse an indigent defendant s convictions because the defendant failed to make an offer of proof setting forth the testimony an expert would give at trial even though the court of appeals had already held that the defendant was erroneously denied the opportunity to consult with an expert in the first instance. 7

8 No. 14SC550 Court of Appeals Case No. 10CA2052 Robert D. Blanchard, JUSTICE MÁRQUEZ would grant as to the following issue: Whether a prior false report of sexual assault satisfies the requirement of section (2), C.R.S. (2014), for admission at trial that a victim or witness have a history of false reporting of sexual assaults. No. 14SC570 Court of Appeals Case No. 12CA1236 Jacob M. Shavers, 8

9 No. 14SC689 Court of Appeals Case No. 12CA2548 Petitioners: Karri Lammers and Terry Lammers, in their individual capacities and as permanent guardians of Cody Wonycott; and Leventhal,Brown & Puga P.C., The Children s Hospital. JUSTICE EID does not participate. No. 14SC692 Court of Appeals Case No. 12CA1334 Robert Jake Chavez, Jr., No. 14SC693 Court of Appeals Case No. 11CA2508 Lamar Luis Dominguez, 9

10 No. 14SC695 Court of Appeals Case No. 12CA1745 Petitioners: Karri Lammers and Terry Lammers, in their individual capacities and as permanent guardians of Cody Wonycott; and Leventhal, Brown & Puga P.C., The Children s Hospital. JUSTICE EID does not participate. No. 14SC699 Court of Appeals Case No. 11CA1936 The People of the State of Colorado, Priscilla Ann Rock. Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issues: Whether the failure to instruct on a requested lesser-included offense is harmless, where guilty verdicts on both the greater offense and another offense establish that there is no reasonable probability that any error contributed to the defendant s convictions. Whether the failure to instruct on a requested lesser-included offense can require reversal of any conviction other than the greater offense. Whether second-degree trespass is a lesser-included offense of second-degree burglary

11 No. 14SC709 Court of Appeals Case No. 11CA1587 Trevor Jones, Petition for Writ of Certiorari GRANTED, and the judgment of the Colorado Court of Appeals is vacated. The case is remanded to the Colorado Court of Appeals for reconsideration in light of People Tate, 12SC932, 2015 CO 42. EN BANC. Order and Mandate issued on August 19, No. 14SC715 Court of Appeals Case No. 11CA1742 Mark Vincent Young, No. 14SC716 Court of Appeals Case No. 11CA2257 Isaac Kofi Aryee, 11

12 No. 14SC722 Court of Appeals Case No. 10CA1553 Matthew Joseph Guevara, No. 14SC753 Court of Appeals Case No. 11CA2165 The People of the State of Colorado, Jason Jackson Heywood. No. 14SC754 Court of Appeals Case No. 12CA1703 Colorado Department of Revenue, Pioneer Natural Resources USA, Inc. 12

13 No. 14SC756 Court of Appeals Case No. 13CA1309 In re the Marriage of William Michael Johnson, and Carolyn S. Johnson. Petition for Writ of Certiorari GRANTED. EN BANC. Summary of the Issue: Whether the court of appeals erred in holding that, as a matter of law, laches can never apply as a defense to the recovery of statutory interest in a child support enforcement action. JUSTICE MÁRQUEZ does not participate. No. 14SC801 Court of Appeals Case No. 06CA2204 Martin Novotny, 13

14 No. 14SC817 Court of Appeals Case No. 11CA171 Jason Alen White, No. 14SC818 Court of Appeals Case No. 13CA731 Rodolfo Gonzalez, No. 14SC819 Court of Appeals Case No. 12CA1557 Sherman Schuett, JUSTICE BOATRIGHT does not participate. 14

15 No. 14SC851 Court of Appeals Case No. 13CA1925 Kyle Joseph Johns, No. 14SC866 Court of Appeals Case No. 12CA1068 John Metro Docheff, No. 14SC885 Court of Appeals Case Nos. 12CA1655 & 12CA2200 Petitioner/Cross- Diamond Lofts Venture, LLC, Respondent/Cross- Sure-Shock Electric, Inc. 15

16 No. 14SC886 Court of Appeals Case No. 12CA1789 Diamond Lofts Venture, LLC, Bronco Fire Alarm Systems, Inc. Petition for Writ of Certiorari DENEID. EN BANC. No. 14SC890 Court of Appeals Case No. 13CA752 State Farm Mutual Automobile Insurance Company, Brian K. Johnson. Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issues: [REFRAMED ISSUE] Whether the court of appeals erred in holding that Colorado s uninsured/underinsured motorist ( UM/UIM ) statute, section , C.R.S. (2014), precludes a single named insured from waiving UM/UIM coverage for any other named insured and instead requires that each named insured must expressly waive coverage. [REFRAMED ISSUE] Whether the court of appeals erred in holding that Colorado s UM/UIM statute abrogated the common law agency principles of apparent and implied authority by requiring that an agent have express actual authority to waive UM/UIM coverage on behalf of the principal. DENIED AS TO ALL OTHER ISSUES. 16

17 No. 14SC918 Court of Appeals Case No. 11CA1132 Juan Antonio Morales, Petition for Writ of Certiorari DENIED. EN BANC No. 14SC922 Court of Appeals Case No. 13CA1278 Barbara Kirkmeyer, Respondents: Department of Local Affairs, State of Colorado, and Colorado State Personnel Board. Petition for Writ of Certiorari DENIED. EN BANC No. 14SC925 Court of Appeals Case No. 13CA1491 Marcus Deshawn Mitchell, 17

18 No. 14SC938 Court of Appeals Case No. 13CA665 The People of the State of Colorado, Heather Beauvais. Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issues: [REFRAMED] Whether the court of appeals erred in applying Batson Kentucky, 476 U.S. 79 (1986), by remanding for additional findings where the trial court did not make express rulings on the credibility of the prosecution s proffered gender-neutral explanations for its peremptory challenges. [REFRAMED] Whether the court of appeals erred by holding that, under Snyder Louisiana, 552 U.S. 472 (2008), a reviewing court cannot credit a demeanor-based explanation for a peremptory strike where the trial court did not expressly find the explanation to be credible. [REFRAMED] Whether the court of appeals erred by applying comparative juror analysis to jurors dismissed by the defense before the prosecution accepted the panel, by comparing traits that defense counsel did not challenge, and by focusing on specific traits instead of considering all proffered reasons for striking each juror. DENIED AS TO ALL OTHER ISSUES. 18

19 No. 14SC942 Court of Appeals Case No. 11CA2179 Kevin Robert Faulkner, No. 14SC948 District Court, City and County of Denver, Case No. 13CV34535 Robert Corry, City and County of Denver. No. 14SC952 Court of Appeals Case No. 12CA6 Deanna Lynn Frye, 19

20 No. 14SC954 Court of Appeals Case No. 13CA496 NHK Investments, LLC, a Colorado limited liability company, Respondents: Atrium Condominium Association, a Colorado non-profit organization; Philip Mills, individually and in his official capacity; and Western States Property Services, Inc., a Colorado corporation. JUSTICE BOATRIGHT would grant as to the following issue: Whether the court of appeals erred when it determined that petitioner s counsel acted in bad faith based on its finding that petitioner intentionally filed a frivolous appeal, and awarded fees and costs to the appellees pursuant to section , C.R.S., without hearing any evidence from petitioner s counsel, and without considering that the court s E-Filing system automatically populated the parties based on the underlying trial court action. No. 14SC956 Court of Appeals Case No. 13CA1460 In re the Marriage of Ralph Mitchell Elliott, Stephanie Lynn Hart, and Intervenor: Garfield County Department of Human Services. 20

21 No. 14SC963 Court of Appeals Case No. 13CA499 Petitioners/Cross-Respondents: Laurie Ostermiller and Robert D. Ostermiller, Jr., Respondents/Cross-Petitioners: Kevin Buckley and Brooke Buckley. Petition and Cross- No. 14SC985 Court of Appeals Case No. 11CA1219 Darrel Tyrone Guice, No. 14SC1006 Court of Appeals Case No. 13CA153 Carlos Silva-Rayas, JUSTICE BOATRIGHT does not participate. 21

22 No. 14SC1010 Court of Appeals Case No. 10CA428 Daniel John Lyons, No. 14SC1016 Court of Appeals Case No. 12CA2649 Andrew Neil Atkins, No. 14SC1030 Court of Appeals Case No. 12CA1239 Cecil Orlando Bynum, 22

23 No. 14SC1031 Court of Appeals Case No. 11CA1860 Chad Michael Howard, No. 14SC1050 Court of Appeals Case No. 12CA1596 Dominique S. Redwood, No. 15SC1 Court of Appeals Case No. 11CA1065 Philip Michael Bonan, 23

24 No. 15SC28 Court of Appeals Case No. 10CA1645 Virgil Frank Reinhart Rice, No. 15SC32 Court of Appeals Case No. 13CA151 James Michael Andrews, No. 15SC33 Court of Appeals Case No. 13CA46 Larry Eugene Fuller, 24

25 No. 15SC34 Court of Appeals Case No. 10CA682 Timothy Allen Clapp, No. 15SC42 Court of Appeals Case No. 13CA122 Jerrod Malik Willoughby, No. 15SC48 Court of Appeals Case No. 12CA338 Jeremy Jay Dodson, 25

26 No. 15SC54 Jefferson County District Court Case No. 14CV124 Hale Hilsabeck, City of Lakewood, State of Colorado. No. 15SC56 Court of Appeals Case No. 14CA184 Petitioners/Cross-Respondents: Thomas Howe, Sr. and Avanell Howe, Respondent/Cross- Dina Navarrette. Petition and Cross- JUSTICE MÁRQUEZ would grant as to the following issues: Whether the court of appeals improperly expanded the definition of landowner under the Premises Liability Act based upon the petitioners keeping a handgun in the home, which was fired by a third party and over whom the petitioners had no legal right or ability to control. 26

27 No. 15SC62 Court of Appeals Case No. 12CA2223 Kelly Dean Lovejoy, No. 15SC64 Court of Appeals Case No. 12CA2338 Feliciano Lopez, No. 15SC68 Adams County District Court Case No. 14CV63 Nyeng Paul Gyang, Michael D. Barry. 27

28 No. 15SC69 Court of Appeals Case No. 08CA1748 Edward A. Vigil, No. 15SC70 Court of Appeals Case No. 13CA2083 David Charles Wells, No. 15SC108 Court of Appeals Case No. 13CA1613 In re the Marriage of James Shawn Rossi, and Shelley Dutton Rossi. 28

29 No. 15SC109 Court of Appeals Case No. 13CA1412 Marco R. Menner, No. 15SC138 Court of Appeals Case No. 09CA2401 Jorge Orozco-Silva, No. 15SC140 Court of Appeals Case No. 13CA852 Carlos Mario Gomez, 29

30 No. 15SC171 Court of Appeals Case No. 12CA491 Reyna Salgado-Barerra, No. 15SC173 Court of Appeals Case No. 13CA1851 William Joseph Hernandez, No. 15SC175 Court of Appeals Case No. 12CA1306 Armando Gonzalez-Castillo, 30

31 No. 15SC184 Court of Appeals Case No. 13CA1956 Donald Adam Penrod, No. 15SC187 Pueblo County District Court Case No. 13CV30555 Bernard Castro, No. 15SC193 Court of Appeals Case No. 12CA985 Bradley K. Hogue, JUSTICE MÁRQUEZ does not participate. 31

32 No. 15SC204 Court of Appeals Case No. 14CA1457 Alan D. Swendra, No. 15SC205 District Court, City and County of Denver, Case No. 13CV34431 Juan Escobedo, No. 15SC206 Court of Appeals Case No. 14CA1041 Bruce Allen Thompson, 32

33 No. 15SC259 Court of Appeals Case No. 13CA425 Dennis Healey, No. 15SC260 Court of Appeals Case No. 12CA1591 Ronnette Hatch, No. 15SC263 Court of Appeals Case No. 12CA1751 Matthew Kyle Mounts, 33

34 No. 15SC267 Court of Appeals Case No. 14CA1257 Carolina G. Gonzales, Respondents: Industrial Claim Appeals Office, University of Colorado Health, and Travelers Indemnity Company. No. 15SC269 Court of Appeals Case No. 13CA2238 David Joseph Hover, No. 15SC272 Court of Appeals Case No. 13CA652 Paul Wayne Spence, 34

35 No. 15SC273 Court of Appeals Case No. 14CA591 John Raymond Staszak, No. 15SC278 Court of Appeals Case No. 14CA837 Roger L. Clarke, JUSTICE COATS and JUSTICE MÁRQUEZ do not participate. No. 15SC290 Court of Appeals Case No. 12CA1645 Otis L. Bell, 35

36 No. 15SC291 Court of Appeals Case No. 13CA1373 Antonio Soliz Martinez, No. 15SC297 Court of Appeals Case No. 14CA1747 Renardo Collins, Respondents: Industrial Claim Appeals Office; and Division of Unemployment Insurance, Benefit Payment Control. No. 15SC301 Court of Appeals Case No. 12CA1728 Gilbert Uranga, 36

37 No. 15SC476 Jefferson County District Court Case No. 14CV423 Luke Anthony Buhrman, Brink Investments. 37