ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, AUGUST 15,

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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 SUPREME COURT, STATE OF COLORADO 101 West Colfax Avenue, Suite 800 Denver, Colorado Case No. 09SC989 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 08CA1872 In re the Parental Responsibilities of L.S., Child, and Concerning, Tatanjia Willyard Spotanski McNamara, and Stacy Joe Spotanski. Petition for Rehearing DENIED. EN BANC. JUSTICE MARTINEZ, JUSTICE COATS and JUSTICE MÁRQUEZ would grant the Petition. 1

2 No. 10SC823 Court of Appeals Case No. 07CA2324 PETITIONS FOR WRIT OF CERTIORARI James Wylie, No. 10SC848 Court of Appeals Case No. 08CA2436 Viola Marie Dominguez, No. 10SC873 Court of Appeals Case No. 09CA820 Kamyar Samimi, 2

3 No. 11SC1 Court of Appeals Case No. 09CA2480 Petitioners: Chris Forsyth Law Office, LLC; Chris Forsyth; and May B. McCormick, Respondents: Exempla Healthcare; Thomas, Pollart, Miller & Wetmore LLC; and Brad Miller. No. 11SC32 Court of Appeals Case No. 10CA256 Rick Martin, a Trustee for the Rick Martin Living Trust, and Rick Martin, an individual, Respondents: US Bank National Association and Richard G. Gebhardt, as Boulder County Public Trustee. 3

4 No. 11SC35 Boulder County District Court Case No. 10CV765 The People of the State of Colorado, John Michael Angerer. JUSTICE MARTINEZ and JUSTICE COATS would grant as to the following issues: Whether the district court erred by using an abuse of discretion standard to evaluate the county court s determination that a witness s testimony is incredible as a matter of law. Whether a court has jurisdiction to exclude expert testimony because it is incredible as a matter of law. Whether the district court abused its discretion when it affirmed the county court s ruling of no probable cause given the amount of circumstantial evidence presented. No. 11SC66 Court of Appeals Case No. 08CA80 Jeremiah Jermaine Gooley, JUSTICE MÁRQUEZ does not participate. 4

5 No. 11SC67 Court of Appeals Case No. 08CA2575 Jackie L. Flowers, JUSTICE MÁRQUEZ does not participate. No. 11SC85 Court of Appeals Case No. 09CA2292 Dennis D. Dunann, No. 11SC86 Court of Appeals Case No. 09CA289 Faustine Cisneros, No. 11SC92 Court of Appeals Case No. 09CA2471 In re the Marriage of: Elke Hanssen, and Michael Volker. 5

6 No. 11SC173 Court of Appeals Case No. 09CA2573 Daniel Troke, No. 11SC199 Court of Appeals Case No. 08CA2248 Luz Divina Cisneros, No. 11SC210 Court of Appeals Case No. 08CA1867 Petitioners: Accident and Injury Medical Specialists, P.C.; Elite Chiropractic Care, Inc.; Physical Therapy, Inc.; Myocare, Inc.; A Shi Acupuncture, Inc.; Comprehensive Diagnostic Services, Inc.; Mile High Medical Group, L.L.C.; and Global Physician Services, P.C., David J. Mintz. Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issue: Whether an attorney owes fiduciary duties to third parties who are entitled to funds from Colorado Lawyer Trust Account Foundation (COLTAF) trust accounts. DENIED AS TO ALL OTHER ISSUES. 6

7 No. 11SC278 Court of Appeals Case No. 10CA2428 Petitioners: Donna Lou Poelstra and Ronald Glenn Poelstra, Respondents: Thomas Mowle, in his official capacity as the Public Trustee of the County of El Paso, State of Colorado; JP Morgan Chase Bank, N.A., a national banking association incorporated in the State of Delaware; and High Country Holdings, LLC, a Colorado limited liability company. No. 11SC288 Court of Appeals Case No. 09CA73 Gregory Paul Frye, No. 11SC356 Court of Appeals Case No. 08CA2019 In re the Marriage of: Bernard H. Obluda, and Leigh Anne Obluda. 7

8 No. 11SC366 Court of Appeals Case No. 10CA1116 Alan Duane Hyde, No. 11SC367 Court of Appeals Case No. 08CA2323 Ivan Antonio Martinez, No. 11SC378 Court of Appeals Case No. 07CA1610 Eric Eugene Westbrook, No. 11SC381 Court of Appeals Case No. 10CA1303 Philip Ernest Anselmo, Respondents: West Ridge Group, LLC, a Colorado limited liability company; Dennis L. Yakobson; and Patricia A. Anselmo. 8

9 No. 11SC387 Court of Appeals Case No. 10CA1500 Patrick McLachlan, Respondents: Industrial Claim Appeals Office of the State of Colorado; Center for Spinal Disorders, P.C.; and The Hartford Insurance Group. No. 11SC389 Court of Appeals Case No. 09CA1520 Paul Darral Regnier, No. 11SC392 Court of Appeals Case No. 09CA2022 Jacob R. Valdez, JUSTICE COATS does not participate. 9

10 No. 11SC395 Court of Appeals Case No. 10CA2029 David Farrell, No. 11SC396 Court of Appeals Case No. 08CA830 Phillip James Martinez, No. 11SC397 Court of Appeals Case No. 09CA2141 Jerome Lewis, No. 11SC403 Court of Appeals Case No. 09CA2773 Charles McEachern, 10

11 No. 11SC405 Court of Appeals Case No. 08CA126 Gary Robert Williams, No. 11SC408 Court of Appeals Case No. 10CA1416 In the Interest of Dartanyan Winberg, No. 11SC416 Arapahoe County District Court Case No. 10CV1963 Mike McCarty, Action Appliance, Inc. No. 11SC426 Court of Appeals Case No. 08CA2582 Stacy Eugene Irvin, 11

12 No. 11SC427 Adams County District Court Case No. 10CV1529 John Guilford, No. 11SC429 Court of Appeals Case No. 09CA2497 Afrow Spade Stidham, 12

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