OPINIONS. The Supreme Court of the State of Colorado 2 East 14 th Avenue Denver, Colorado CO 57

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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 57 Supreme Court Case No. 15SA332 Original Proceeding Pursuant to C.A.R. 21 City and County of Denver District Court Case No. 15CV32019 Honorable Michael J. Vallejos Plaintiffs: John Magill and Suzanna Magill, Defendants: Ford Motor Company; Mark Polunci; and Does 1 through 20, inclusive. Rule Made Absolute en banc CHIEF JUSTICE RICE delivered the Opinion of the Court

2 The Supreme Court of the State of Colorado 2 East 14 th Avenue Denver, Colorado CO 58 Supreme Court Case No. 14SC346 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 12CA2637 Jeffrey A. Martinez, The Estate of Steven Wayne Bleck, by Joanna Churchill, Personal Representative for Steven Bleck, deceased. Judgment Reversed en banc JUSTICE EID delivered the Opinion of the Court

3 The Supreme Court of the State of Colorado 2 East 14 th Avenue Denver, Colorado CO 59 Supreme Court Case No. 15SC83 Certiorari to the District Court Adams County District Court No. 14CV30380 Donald Johnson, Order Affirmed en banc JUSTICE GABRIEL delivered the Opinion of the Court PETITIONS FOR REHEARING NONE

4 ORIGINAL PROCEEDING PURSUANT TO C.A.R. 21 No. 16SA224, In Re Jefferson Grand Jury Jefferson County District Court Case No. 15CR2 Order to Show Cause issued on September 2, PETITIONS FOR WRIT OF CERTIORARI No. 15SC763 Court of Appeals Case No. 12CA2336 Nathan Isaac Gallegos, 4

5 No. 15SC862 Court of Appeals Case No. 12CA1854 Nechterg David Cortes Rivera, No. 15SC886 Court of Appeals Case No. 12CA1425 Dawan Eugene Smith, No. 15SC932 Court of Appeals Case No. 13CA1273 Markus Gerald, 5

6 No. 15SC974 Court of Appeals Case No. 13CA690 Robert Eugene Beauchamp, No. 15SC996 Court of Appeals Case No. 13CA886 Bernard Jones, No. 15SC1011 Court of Appeals Case No. 08CA2144 Adrian Chavez, 6

7 No. 15SC1082 Court of Appeals Case No. 08CA2143 Adrian Chavez, No. 15SC1090 Court of Appeals Case No. 13CA2279 Carlos Orlando Canizales, No. 15SC1093 Court of Appeals Case No. 13CA545 Camron Ridge Mickelsen, 7

8 No. 16SC5 Court of Appeals Case No. 13CA291 Sean Murray, No. 16SC46 Court of Appeals Case No. 13CA1040 Matthew James Ray, No. 16SC56 Court of Appeals Case No. 12CA1101 Robert Allen Cash, 8

9 No. 16SC72 Court of Appeals Case No. 13CA394 Trevor D. Meadows, No. 16SC76 Court of Appeals Case No. 12CA1774 Nehemiah Felipe Chavez, No. 16SC96 Court of Appeals Case No. 13CA300 Tracy K. Cannon, 9

10 No. 16SC102 Court of Appeals Case No. 13CA443 Andrew Joseph Terry, No. 16SC105 Court of Appeals Case No. 14CA1663 Kimberly Ann Parker, No. 16SC106 Court of Appeals Case No. 11CA2593 Larry Eugene Irwin, 10

11 No. 16SC137 Court of Appeals Case No. 14CA1514 Andy Stephens, No. 16SC138 Court of Appeals Case No. 14CA1198 Andy Stephens, No. 16SC143 Court of Appeals Case No. 12CA1288 Roberto F. Santistevan, 11

12 No. 16SC144 Court of Appeals Case No. 14CA358 Jimmie Wellman, No. 16SC145 Court of Appeals Case No. 14CA2063 Petitioners: Wayne Williams, in his official capacity as Colorado Secretary of State; Chuck W. Broerman, in his official capacity as El Paso County Clerk and Recorder; and Gilbert Ortiz, in his official capacity as Pueblo County Clerk and Recorder, Respondents: Libertarian Party of Colorado and Gordon Roy Butt. Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issues: Whether Brown Davidson, 192 P.3d 415 (Colo. App. 2006), which held that a claim asserted under 42 U.S.C may be joined with a petition filed under section , C.R.S. (2016), should be overturned. Whether, when the supreme court denies review under section (3), that denial marks the conclusion of the proceedings, thereby triggering the deadline for attorney fees applications under C.R.C.P. 121, sections [REFRAMED] Whether a plaintiff who prevails on a state claim is entitled to attorney fees under 42 U.S.C for an unadjudicated 42 U.S.C claim. DENIED AS TO ALL OTHER ISSUES. 12

13 No. 16SC156 Court of Appeals Case No. 14CA1781 Akeem A. Makeen, George E. Hailey. No. 16SC160 Court of Appeals Case No. 13CA292 Karl Raymond Frazier, Jr., No. 16SC171 Summit County District Court Case No. 13CV152 Michael Tsivyan, Quiet Pines, LLC. 13

14 No. 16SC184 Court of Appeals Case No. 15CA164 Petitioners: City of Arvada ex rel. and Arvada Police Department, Respondents: Denver Health and Hospital Authority. Petition for Writ of Certiorari GRANTED. EN BANC. JUSTICE MÁRQUEZ does not participate. Summary of Issues: Whether the court of appeals erred by creating a civil private right of action, in the Code of Criminal Procedure, benefitting medical providers against governmental entities, where no mention of any civil remedy against governments exists. Whether the court of appeals erred in failing to follow Colorado Supreme Court law that a claim for unjust enrichment could lie in tort and is thereby governed by the Colorado Governmental Immunity Act. DENIED AS TO ALL OTHER ISSUES. No. 16SC187 Court of Appeals Case No. 13CA1917 Melany Brooke Potter, JUSTICE MÁRQUEZ does not participate. 14

15 No. 16SC191 Court of Appeals Case No. 13CA1533 Darren Keith Chandler, No. 16SC254 Court of Appeals Case No. 13CA1012 David Ellwood McRea, No. 16SC279 Court of Appeals Case No. 14CA238 Petitioner/Cross- The People of the State of Colorado, Respondent/Cross- Nathaniel Lee Strauss. Petition and Cross- 15

16 No. 16SC302 Court of Appeals Case No. 14CA1004 The People of the State of Colorado, Joshua Levi Alger. No. 16SC307 Court of Appeals Case No. 12CA1584 Richard Allen Joines, No. 16SC318 Court of Appeals Case No. 13CA289 J.D. Decker, 16

17 No. 16SC335 Court of Appeals Case No. 14CA1963 Joshua Levi Alger, No. 16SC343 Court of Appeals Case No. 15CA250 Hector Duran-Sanchez, No. 16SC344 Court of Appeals Case No. 15CA1707 John Patrick Fletcher, Petition for Writ of Certiorari pursuant to C.A.R. 50 DENIED. EN BANC. JUSTICE COATS does not participate. 17

18 No. 16SC350 Larimer County District Court Case No. 15CV30450 Michael Ryan, No. 16SC351 Larimer County District Court Case No. 15CV30452 Patricia Ryan, No. 16SC356 Court of Appeals Case No. 13CA1436 Christian Fuentes, 18

19 No. 16SC362 Court of Appeals Case No. 13CA823 Kenneth A. Martinez, No. 16SC368 Court of Appeals Case No. 11CA1962 Clay Earl Hounshell, No. 16SC369 Court of Appeals Case No. 14CA650 Shawn Michael Crum, 19

20 No. 16SC371 Court of Appeals Case No. 14CA882 Michael Christopher Lopez, No. 16SC374 Court of Appeals Case No. 15CA503 Misael Pauda-Gonzalez, No. 16SC380 Court of Appeals Case No. 15CA995 James M. Spencer, 20

21 No. 16SC381 Court of Appeals Case No. 13CA1007 Travis Vortherms, No. 16SC382 Court of Appeals Case No. 14CA2138 Fernando Antonio Fuentes-Silva, No. 16SC383 Court of Appeals Case No. 13CA1195 Eric Janusz, 21

22 No. 16SC397 Court of Appeals Case No. 13CA2376 Jamie Valdivievo-Perea, No. 16SC401 Court of Appeals Case No. 14CA1899 James W. Keith, No. 16SC402 Court of Appeals Case No. 14CA1799 Herman Trotter, III, 22

23 No. 16SC403 Court of Appeals Case No. 14CA2215 Derrick E. Turner, No. 16SC405 Court of Appeals Case No. 12CA2343 Victor Everitt Sanders, No. 16SC406 Court of Appeals Case No. 14CA2004 Felicion A. Charles, 23

24 No. 16SC407 Court of Appeals Case No. 13CA1208 Tiffany Anne Green, No. 16SC412 Court of Appeals Case No. 14CA1844 Thomas McCaslin, No. 16SC414 Court of Appeals Case No. 12CA855 Steven Earl Johnston, 24

25 No. 16SC419 Weld County District Court Case No. 15CV30367 Jeff Columbos, No. 16SC422 Court of Appeals Case No. 14CA2392 Tyson Lee Ellis, No. 16SC439 Court of Appeals Case No. 14CA2165 Jess Watts, Chris Donley. 25

26 No. 16SC443 Court of Appeals Case No. 15CA160 Lori Ann Sparks, No. 16SC454 Court of Appeals Case No. 14CA1127 Terrance Lee Johnson, No. 16SC549 Court of Appeals Case No. 15CA945 Petitioners: Industrial Claim Appeals Office of the State of Colorado; Dr. Jonathan P. Bayne, DDS PC; and Northern Insurance Company of New York, Lelah D. Pederson. 26

27 No. 16SC625 Court of Appeals Case No. 16CA181 B.T., The People of the State of Colorado, In the Interest of Minor Child: L.S.H. No. 16SC637 Court of Appeals Case No. 14CA2073 Coloradans for a Better Future, Campaign Integrity Watchdog. Petition for Writ of Certiorari GRANTED. EN BANC. Summary of the Issue: Whether the court of appeals erred in concluding that pro bono and reduced-cost legal services are contributions within the meaning of Colorado s campaign-finance laws. 27