OPINIONS. The Supreme Court of the State of Colorado 2 East 14 th Avenue Denver, Colorado CO 18

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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 The Supreme Court of the State of Colorado 2 East 14 th Avenue Denver, Colorado CO 18 Supreme Court Case No. 14SC931 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 13CA388 Bradley Klingsheim, Respondents: Carl A. Cordell and Wanda M. Cordell. Judgment Reversed en banc JUSTICE GABRIEL delivered the Opinion of the Court. 1

2 PETITIONS FOR REHEARING The Supreme Court of the State of Colorado 2 East 14 th Avenue Denver, Colorado CO 12 Supreme Court Case No. 13SC465 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 10CA587 The People of the State of Colorado, Eduardo Dejesus Perez. Petition for Rehearing DENIED en banc GRANTED ORIGINAL PROCEEDINGS PURSUANT TO C.A.R SA94 In Re People Higgins, Brooke Rule to Show Cause Issued on March 24, SA96 In Re People Johnson, Sienna Rule to Show Cause Issued on March 24,

3 PETITIONS FOR WRIT OF CERTIORARI No. 15SC163 Court of Appeals Case No. 11CA2316 Matthew J. Zoll, The People of the State of Colorado. Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issues: [REFRAMED] Whether an appellate court, having concluded that records relating to a police officer s credibility should have been disclosed prior to trial, must remand the case to the trial court to determine whether a new trial is required. Whether the court of appeals applied an incorrect legal standard for determining whether a new trial is required. [REFRAMED] Whether the court of appeals erred in concluding that replaying a 911 recording for the jury during deliberations was not a critical stage of the proceedings requiring the petitioner s presence. DENIED AS TO ALL OTHER ISSUES. 3

4 No. 15SC411 Court of Appeals Case No. 13CA882 Victor Dennis Baca, The People of the State of Colorado. No. 15SC469 Court of Appeals Case No. 13CA758 The People of the State of Colorado, James Willard Washam, III. Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issue: Whether the court of appeals erred by creating a statute of limitations exception to this court s Crim. P. 7(e) jurisprudence effectively designating any trial amendment of the date of an offense an impermissible substantive amendment. 4

5 No. 15SC678 Court of Appeals Case No. 14CA665 Sensible Housing Company, Battle North, LLC. JUSTICE EID and JUSTICE MÁRQUEZ would grant as to the following issues: [REFRAMED] Whether the priority jurisdiction rule requires a court to stay an action brought under the Spurious Lien Act, section to -204, C.R.S. (2015), pending resolution of a previously filed quiet title case involving the same parties and property. [REFRAMED] Whether a court must issue a second show cause order under section , C.R.S. (2015), of the Spurious Lien Act case in response to an amended petition. 5

6 No. 15SC710 Court of Appeals Case No. 14CA716 In re Marriage of Kristy Marie Dixon, n/k/a Kristy Casagranda, and Brian Todd Dixon Samuel J. Stoorman & Associates, P.C., Brian Todd Dixon. Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issues: Whether a statutory attorney s lien attaches to the client s receipt of an award for spousal maintenance. Whether public policy prohibits an attorney from foreclosing its statutory lien upon spousal maintenance payments awarded to the client. JUSTICE GABRIEL does not participate. No. 15SC792 Court of Appeals Case No. 14CA892 In re Marriage of Jill Gesquiere, Michael Gesquiere. JUSTICE GABIREL does not participate. 6

7 No. 15SC810 Court of Appeals Case No. 14CA1568 Petitioners: First Interstate Financial Utah, L.L.C., a Utah limited liability company; First Interstate Financial, L.L.C., a Nevada limited liability company; and Paul Thurston, as a manager of First Interstate Financial Utah, L.L.C., as a manager of First Interstate Financial, L.L.C., and as an individual, McGillis Investment Company, LLP. Petition for Writ of Certiorari DENIED. EN BANC No. 15SC864 Court of Appeals, Case No. 14CA255 Pappas Alstad Partnership, a Colorado partnership, Respondents: Darren Spreeuw and Zeke Coffee, Inc., a Colorado corporation. 7

8 No. 15SC872 Court of Appeals Case No. 14CA1576 Petitioners: Lincoln Hills Holding Company, LLC; Van Horn Burkett & Associates, LLC; Lincoln Hills Fly Fishing Club, LLC; Matthew Burkett; The Flyfisher Group, LLC; and The Flyfisher, LLC d/b/a The Flyfisher Guide Service, LTD. Respondents: Kolar Properties, LLC, Jacqueline Weigand, and Edward Weigand. No. 15SC942 Court of Appeals Case No. 14CA933 In the Interest of Trygve Lode, Protected Person, Darlene A. Cysper, Respondents: Jane Lode, co-guardian for the Protected Person and Isak Lode, co-guardian for the Protected Person. 8