ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, FEBRUARY 8,

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 SUPREME COURT, STATE OF COLORADO Two East 14th Avenue Denver, Colorado Case No. 08SC972 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 07CA1758 Petitioners: MDC Holdings, Inc., a Delaware corporation and Richmond American Homes of Colorado, Inc., a Delaware corporation, Respondents: Town of Parker, a Colorado home rule municipal corporation and Town of Castle Rock, a Colorado home rule municipal corporation. JUDGMENT REVERSED EN BANC JUSTICE HOBBS delivered the Opinion of the Court. JUSTICE COATS dissents, and CHIEF JUSTICE MULLARKEY and JUSTICE EID join in the dissent. 1

2 SUPREME COURT, STATE OF COLORADO Two East 14 th Avenue Denver, Colorado Case No. 08SC970 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 07CA482 Savannah Boles, Sun Ergoline, Inc., a Delaware corporation. JUDGMENT REVERSED EN BANC JUSTICE COATS delivered the Opinion of the Court. PETITIONS FOR REHEARING NONE PETITIONS FOR WRIT OF CERTIORARI No. 09SC416 Court of Appeals Case No. 08CA1245 The Heritage Place Townhouses Association, a Colorado nonprofit corporation, Respondents: Rickey M. Rainwater and Bunny A. Rainwater. 2

3 No. 09SC422 Court of Appeals Case No. 06CA780 Daryl J. Scheffer, No. 09SC455 Court of Appeals Case No. 08CA395 Roland Eugene Warren, Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issue: Whether a district court should toll speedy trial when a defendant is in custody and fails to appear for a trial readiness conference, yet no delay resulted from defendant s non-appearance and the matter remained on the district court s calendar for a previously scheduled trial date. No. 09SC695 Court of Appeals Case No. 07CA774 Guy V. Lucero, Jr., 3

4 No. 09SC797 Court of Appeals Case No. 08CA1419 Michael Milligan, Respondents: District Court, Sixteenth Judicial District; Crowley County; and Judge Michael Schifer, a Judge thereof. No. 09SC878 Court of Appeals Case No. 08CA2340 In re the Marriage of: Jeanie Becker Davis, AND Gary Davis. No. 09SC886 Court of Appeals Case No. 07CA1297 Joseph Jerome Santillanes, 4

5 No. 09SC906 Court of Appeals Case No. 05CA2281 Petitioner/Cross- The People of the State of Colorado, Respondent/Cross- Raymond Lara. Petition and Cross- JUSTICE COATS and JUSTICE EID would grant as to the following issues: Whether the court of appeals erred in reversing Defendant s first degree murder conviction on the grounds that the jury instruction tracking the language of section (4), C.R.S. (2009) violated defendant s due process rights. Whether the court of appeals proposed instruction improperly requires the prosecution to disprove self-defense when asserted as a nonaffirmative defense in addition to proving the elements of the offenses charged. Whether the court of appeals erred in holding that the trial court was required to instruct the jury on the no retreat doctrine, although defendant s defense was based on defense of others, not self-defense. JUSTICE EID would also grant as to: Whether the court of appeals erred in concluding that there was evidence supporting the trial court s instruction on the combat by agreement exception to self-defense/defense of others. No. 09SC912 Court of Appeals Case No. 08CA1224 Petitioners: United Parcel Service and Gallagher Bassett Services, Inc., Respondents: Industrial Claim Appeals Office of the State of Colorado and Joel A. Vigil. 5

6 No. 09SC914 Court of Appeals Case No. 09CA302 Oloyea D. Wallin, No. 09SC918 Court of Appeals Case No. 08CA190 Robert J. Landon, No. 09SC930 Court of Appeals Case No. 08CA1931 Petitioners: Paul Gordon, LLC; and Paul Gordon, Respondents: Bruce P. Fierst, P.C.; and Bruce P. Fierst. No. 09SC950 Court of Appeals Case No. 07CA227 Troy Allen Short, 6

7 No. 09SC952 Court of Appeals Case Nos. 09CA11 & 09CA27 K.B., The People of the State of Colorado, In the Interest of Minor Children: V.G., V.G., and J.C. JUSTICE EID would grant as to the following issue: Whether the court of appeals erred when it determined that the Weld County Department of Child Services adequately complied with the notice requirements of the Indian Child Welfare Act before terminating Mother s parental rights to her children. No. 09SC960 Court of Appeals Case No. 08CA2391 Larry Chad Smithey, No. 09SC961 Court of Appeals Case No. 08CA1173 David E. Woolery, 7

8 No. 09SC962 Court of Appeals Case No. 06CA1403 Ismael Jaime Bonilla, No. 09SC963 Court of Appeals Nos. 08CA1158 & 08CA1745 Timothy A Gognat, Respondents: Chet J. Ellsworth, Joanne Ellsworth, Stephen Smith, and MSD Energy Inc. Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issue: Whether the trial court and court of appeals correctly concluded that there were no genuine issues of material fact regarding the accrual of Gognat s trade secret misappropriation claims. DENIED AS TO ALL OTHER ISSUES. No. 09SC964 Court of Appeals Case No. 08CA492 David Patrick Hashman, 8

9 No. 09SC970 Court of Appeals Case No. 07CA985 Andrew Mark Lamar, No. 09SC971 Court of Appeals Case No. 08CA1287 Don Martin, No. 09SC972 Court of Appeals Case No. 08CA1194 Gerald P. McJunkin, Terraplus USA, Inc., a Colorado corporation. No. 09SC975 Court of Appeals Case No. 07CA1508 Rajova Bryan Thomas, 9

10 No. 09SC980 Court of Appeals Case No. 08CA2491 Robert Darrell Jones, No. 09SC981 Court of Appeals Case No. 07CA2556 Phillip Irvin Moses, No. 09SC985 Court of Appeals Case No. 07CA1009 Donald N. McSwain, 10

11 No. 09SC986 Court of Appeals No. 07CA455 Petitioners: Alex Delano, Wolfgang Baeck, Carlos Perez, Kevin Werner, and Mark Parker, Jeffrey M. Busch. Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issues: Whether, as a matter of law, two officers of the same corporation can engage in a conspiracy with each other to commit a tort while acting within the scope of their authority and in furtherance of the corporation s interests. Whether the court of appeals erred in reversing the trial court s findings of fact and in holding that Busch and Jeffers were acting within that scope of their authority when making the false representations. No. 09SC987 Court of Appeals Case No. 08CA2363 Ruben Joseph Garcia, 11

12 No. 09SC992 Court of Appeals Case No. 06CA2653 Deon Joseph Godfrey, No. 09SC994 Court of Appeals Case No. 08CA1135 Joshua Breezley, No. 09SC995 Court of Appeals Case No. 07CA2555 Bobbie Denise Hildebrand, No. 09SC997 Court of Appeals Case No. 07CA2382 Christopher Carr, 12

13 No. 09SC998 Court of Appeals Case No. 07CA2443 Kevin Patrick McAllister, No. 09SC1001 Court of Appeals Case No. 08CA2387 Daniel Lucky Dennis, No. 09SC1003 Court of Appeals Case No. 07CA1199 Warney Ray Smith, No. 09SC1016 Court of Appeals Case No. 08CA1392 Dagoberto Aguilar-Ramos, 13

14 No. 10SC1 Court of Appeals Case No. 09CA1333 J.C., The People of the State of Colorado, In the Interest of Minor Child: D.I. No. 10SC11 Court of Appeals Case No. 09CA1510 E.M.S., The People of the State of Colorado, In the Interest of Minor Children: B.M.B. and E.D.B. 14