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 NONE No. 12SC90 Court of Appeals Case No. 11CA1529 Ernesto Michel, PETITIONS FOR WRIT OF CERTIORARI 1

2 No.12SC562 Court of Appeals Case No. 08CA1988 Fermin Raymond Hinojos, No. 12SC663 Court of Appeals Case No. 09CA593 William Anthony Tunis, Petition for Writ of Certiorari GRANTED as to the following issue: Whether the determination that petitioner is a sexually violent predator based upon the criterion that he promoted a relationship primarily for the purposes of sexual victimization was appropriate given that the evaluators relied solely upon the actual assault. The judgment of the Colorado Court of Appeals is vacated, and the case is remanded to the Colorado Court of Appeals for reconsideration in light of People Gallegos, 09SC1084, 2013 CO 45. EN BANC. DENIED AS TO ALL OTHER ISSUES. 2

3 No. 12SC618 Court of Appeals Case No. 10CA98 Marlon Smith, No. 12SC671 Court of Appeals Case No. 11CA1005 Petitioners: Colorado Medical Society, a Colorado nonprofit corporation and Colorado Society of Anesthesiologists, a Colorado nonprofit corporation, John Hickenlooper, in his official capacity as the Governor of Colorado. Petition for Writ of Certiorari GRANTED. EN BANC. CHIEF JUSTICE BENDER and JUSTICE MÁRQUEZ do not participate. Summary of Issue: Whether the court of appeals erred in determining that Colorado s Nurse Practice Act allows Colorado s Governor to request an exemption from the physician-supervision requirement under federal Medicare reimbursement regulations, so that a certified registered nurse can administer anesthesia without physician supervision and the facility can obtain Medicare reimbursement. DENIED AS TO ALL OTHER ISSUES. 3

4 No. 12SC711 Court of Appeals Case No. 09CA2535 John Kerr, No. 12SC745 Court of Appeals Case No. 09CA948 Jacob Daniel Oakley, JUSTICE MÁRQUEZ would grant as to the following issue: Where the offense statute specifically requires violent application of force and the jury was only instructed as to physical force, is the prosecution s burden of proof improperly lowered, requiring reversal. Or can a missing element be inferred as the court of appeals reasoned. 4

5 No. 12SC832 Court of Appeals Case No. 06CA1875 Angelo Emilio Montoya, Petition for Writ of Certiorari GRANTED. EN BANC. JUSTICE BOATRIGHT does not participate. Summary of Issues: Whether one can be convicted of both reckless manslaughter and accessory (after the fact) to the same murder. Whether there was sufficient evidence to convict the defendant of accessory (after the fact) to murder, of attempted extreme indifference murder, and of reckless manslaughter. DENIED AS TO ALL OTHER ISSUES. No. 12SC905 Court of Appeals Case No. 11CA1468 Timothy Roy Rutter, 5

6 No. 12SC916 Court of Appeals Case No. 08CA2433 John Andrew Doubleday, Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issues: Whether a defendant can be convicted of felony murder when he is acquitted of an essential element of felony murder, namely, the underlying offense. Whether, even assuming arguendo that a felony murder conviction can be upheld where the defendant is acquitted of the predicate offense due to the existence of an affirmative defense, the court of appeals erred by (1) considering the jury s response to the special interrogatory, which was prohibited by CRE 606(b), and (2) to the extent the response could be considered, concluding that it established the jurors unanimously believed the prosecution only failed to disprove duress. Whether duress is a defense to felony murder for purposes of section , C.R.S. DENIED AS TO ALL OTHER ISSUES. 6

7 No. 12SC1001 Court of Appeals Case No. 11CA2402 Stephen J. Wassinger, M.D., Vanessa Vazquez No. 13SC19 Court of Appeals Case No. 09CA2683 Dennis Moncada-Medrano, No. 13SC145 Court of Appeals Case No. 12CA598 Pat Duane Cugnini, Respondents: BP America Production Company; Paula Zebick; LAFA, LLC; and Renee Lewis. 7

8 No. 13SC148 Court of Appeals Case No. 12CA355 Steve Bell, Piper Jaffray & Co. No. 13SC162 Court of Appeals Case No. 11CA111 The People of the State of Colorado, Galen Duey Robbins, Jr. No. 13SC166 Court of Appeals Case No. 10CA1839 Hector Huerta, Jr., 8

9 No. 13SC170 Court of Appeals Case No. 11CA1638 In re the Marriage of: Edith Dell Johnson Locklear, n/k/a Edith Dell Johnson, and Dannie Preston Locklear. JUSTICE BOATRIGHT would grant as to the following issue: Whether a party is entitled to attorney fees and a property allocation if that party establishes a prima facie case of a common law marriage at trial, as set out in C.R.S. section and C.R.S. section , even if the party does not eventually prevail in the overall case. No. 13SC173 Court of Appeals Case No. 11CA1793 Victor Bonifacio Gonzales, 9

10 No. 13SC174 Court of Appeals Case No. 12CA118 Miguel Morales, No. 13SC177 Court of Appeals Case No. 12CA414 Rose L. Watson Revocable Trust, BP America Production Company. No. 13SC179 Court of Appeals Case No. 11CA2152 Willie Joe Losa, 10

11 No. 13SC180 Court of Appeals Case No. 11CA2389 Tom Wendell Barrus, No. 13SC181 Court of Appeals Case No. 11CA183 Willie Joe Losa, No. 13SC182 Court of Appeals Case No. 10CA548 David Eric Gibson, 11

12 No. 13SC191 Court of Appeals Case No. 12CA557 Laure Kenyon, Respondents: Deere and Company and John Deere Agri Services, Inc. No. 13SC192 Court of Appeals Case No. 12CA800 Dianne L. Coxen, Respondents: Laidlaw Transit, Inc.; Insurance Company of The State of Pennsylvania; and Industrial Claim Appeals Office. No. 13SC193 Court of Appeals Case No. 11CA1195 Fred Keith Loftin, 12

13 No. 13SC196 Court of Appeals Case No. 12CA504 Waldo Mackey, Respondents: Tom Clements, Executive Director, Colorado Department of Corrections; Tony Decesaro, Step 3 Grievance Officer; Dr. Lindsey Fish De Pena; Pamela Ploughe, Warden, Colorado Territorial Correctional Facility; Danny Englund, Physicians Assistant; and Joyce Crounk, Medical Employee. No. 13SC199 Court of Appeals Case No. 12CA1500 John Britton, No. 13SC200 Court of Appeals Case No. 10CA1843 Darren James Thompson, 13

14 No. 13SC202 Court of Appeals Case No. 12CA2543 Petitioners: Leslie R. Evans and Esther H. Evans, Respondents: BCB Properties, LLC, a Colorado limited liability company and Alan Towbin, individually. No. 13SC203 Court of Appeals Case No. 12CA38 Dean G. Taylor, Respondents: Peter Knobel and Crossroads 2E, LLC. No. 13SC206 Court of Appeals Case No. 12CA975 Bryant Sherman, 14

15 No. 13SC207 Court of Appeals Case No. 12CA179 Charles Baca, No. 13SC209 Court of Appeals Case No. 10CA2659 Petitioner/Cross- Raymond Alberto Cano, Respondent/Cross- Petition and Cross-Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issues: Whether a defendant who has demonstrated ineffective assistance of counsel in a Crim. P. 35(c) proceeding because of a conflict of interest must separately demonstrate an adverse effect arising from that conflict. Whether a defendant must identify something that counsel chose to do or not to do, as to which he had conflicting duties, and show that the course taken was influenced by the conflict in order to demonstrate an adverse effect arising from that conflict. Whether the court of appeals erred in concluding that the Rules of Professional Conduct in effect at the time of petitioner s trial applied on collateral review when the pertinent rules were modified prior to defendant s evidentiary hearing on his postconviction motion. DENIED AS TO ALL OTHER ISSUES. 15

16 No. 13SC212 Court of Appeals Case No. 11CA992 Frederick Moore, No. 13SC213 Court of Appeals Case No. 11CA658 Don Darrell Duran, No. 13SC219 Court of Appeals Case No. 11CA1269 Francisco Mendez, Jr., 16

17 No. 13SC221 Court of Appeals Case No. 11CA625 Michael A. Jesso, No. 13SC231 Court of Appeals Case No. 11CA1889 Jeffrey Michael Tharp, No. 13SC232 Court of Appeals Case No. 10CA2388 Israel Cisneros, 17

18 No. 13SC248 Court of Appeals Case No. 09CA2098 Thomas Lee Dean, No. 13SC273 Court of Appeals Case No. 11CA1334 Curtis Jay Hilty, No. 13SC289 Court of Appeals Case No. 09CA1000 David Miera, Jr., 18

19 No. 13SC360 Court of Appeals Case No. 11CA1319 The People of the State of Colorado, Joseph Nathan Turner. JUSTICE COATS would grant as to the following issues: Whether People Riley, 266 P.3d 1089 (Colo. 2011), clearly established that statutory self-defense instructions like those in Beckett People, 800 P.2d 74 (Colo. 1990) are insufficient to instruct the jury to consider whether a defendant acted in response to an attack by multiple assailants. Whether a trial court must direct the jury to focus on a multiple assailants theory of defense where the defendant did not request any such instruction. Whether self-defense and related burden of proof instructions sufficiently direct the jury to consider that a defendant acted in response to an attack by multiple assailants particularly where, as here, the defendant actually presented substantial evidence and arguments concerning his multiple assailants theory of self-defense. 19

20 No. 13SC709 Court of Appeals Case No. 13CA471 M.J.S., The People of the State of Colorado, In the Interest of Minor Children: A.M.E.S. and J.F.S. No. 13SC729 Court of Appeals Case No. 12CA2616 S.W., The People of the State of Colorado, In the Interest of Minor Child: D.L., a/k/a D.W. 20