OPINIONS. The Supreme Court of the State of Colorado 2 East 14 th Avenue Denver, Colorado CO 72

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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 72 Supreme Court Case No. 14SC494 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 13CA1185 Arnold A. Calderon, American Family Mutual Insurance Company. Judgment Reversed en banc JUSTICE EID delivered the Opinion of the Court. JUSTICE GABRIEL dissents, and JUSTICE MÁRQUEZ and JUSTICE HOOD join in the dissent

2 PETITIONS FOR REHEARING NONE PETITIONS FOR WRIT OF CERTIORARI No. 16SC118 Court of Appeals Case No. 13CA469 Andrew Mark Lamar, No. 16SC436 Court of Appeals Case No. 12CA704 The People of the State of Colorado, Richard Charles MacNeill. JUSTICE BOATRIGHT would grant as to the following issue: Whether the court of appeals erred when it held that respondent s waiver of his rights under Miranda Arizona, 384 U.S. 436 (1966) and the making of his statements were involuntary. 2

3 No. 16SC455 Court of Appeals Case Nos. 14CA2099 & 14CA2463 Petitioners: UMB Bank, N.A.; Colorado Bondshares - A tax exempt fund; and Marin Metropolitan District, a Colorado Special District, Landmark Towers Association Inc., a Colorado nonprofit corporation, by EWP-GV, LLC, as receiver for 7677 East Berry Avenue Associates, LP, its Declarant. Petition for Writ of Certiorari GRANTED. EN BANC. Summary of the Issues: [REFRAMED] Whether the court of appeals erred in holding that the ten-day period in which to contest an election under section (4), C.R.S. (2016), of the Election Code does not bar the respondents challenge to the special district s TABOR election in this case. [REFRAMED] Whether the court of appeals erred in holding that the thirty-day limitations period in section , C.R.S. (2016), of the Supplemental Public Securities Act does not bar the respondents challenge to the special district s TABOR election in this case. [REFRAMED] Whether the court of appeals erred in holding that the special district s TABOR election in this case was invalid because the special district s organizers contracts did not make them eligible electors under section (5)(b), C.R.S. (2016), of the Special District Act. [REFRAMED] Whether the court of appeals erred in holding that the special district s TABOR election in this case was conducted illegally because the respondents were eligible electors under section (5)(b), C.R.S. (2016), of the Special District Act who did not receive notice of the election as required under TABOR. DENIED AS TO ALL OTHER ISSUES. 3

4 No. 16SC469 Court of Appeals Case No. 15CA78 The People of the State of Colorado, Arthur Stevie Mills. No. 16SC510 District Court, City and County of Denver, Case No. 15CV32980 Jeffrey Heley, CHIEF JUSTICE RICE and JUSTICE EID would grant as to the following issues: Whether the district court, on appeal, properly affirmed the trial court s sentence to domestic violence treatment after finding the trial court erroneously made a finding of domestic violence. Whether the district court erred in finding the trial court did not commit plain error by failing to submit the issue of whether the act charged was domestic violence to the jury. 4

5 No. 16SC537 Court of Appeals Case No. 15CA626 Roger A. Parker, Tracinda Corporation. No. 16SC552 Court of Appeals Case No. 13CA2155 Nicholas Javier Zapata, Petition for Writ of Certiorari GRANTED. EN BANC. Summary of the Issues: Whether the court of appeals erred in not finding that the trial court should have either disclosed or reviewed, in camera, the co-defendant s statements about the crime. Whether the court of appeals erred in not finding that the admission of irrelevant and prejudicial evidence of the defendant s character and other bad acts was reversible. 5

6 No. 16SC638 Court of Appeals Case No. 15CA1953 C.K., The People of the State of Colorado, In the Interest of Minor Child: L.K. Petition for Writ of Certiorari GRANTED. EN BANC. Summary of the Issue: Whether sovereign immunity bars an award of attorney fees against a public entity under C.R.C.P. 37. No. 16SC642 Boulder County District Court Case No. 16CV502 Orchard Grove Mobile Home Park, Susan L. Ferreira. 6

7 No. 16SC663 Court of Appeals Case No. 15CA2083 Plan Et Creations, LLC., Respondents: Division of Unemployment Insurance Employer Service-integrity/audits and Industrial Claim Appeals Office. No. 16SC673 Court of Appeals Case No. 14CA1711 Douglas Michael Campbell, 7