ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, APRIL 3, 2006

Transcription

1 ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, APRIL 3, 2006 "Slip opinions" are the opinions as filed by the judges with the clerk. Slip opinions are subject to modification, rehearing, withdrawal, or clerical corrections. A link to any modifications to previously posted opinions will appear in the petition for rehearing section of the announcement document the day the changes are announced. Click on the case number to view the opinion in pdf format Two East 14 th Avenue OPINIONS Case No. 05SA52 Appeal from the District Court Water Division 1, Case No. 02CW154(A) Honorable Roger A. Klein, Judge CONCERNING THE APPLICATION FOR WATER RIGHTS OF PUBLIC SERVICE COMPANY OF COLORADO d/b/a XCEL ENERGY IN ADAMS AND WELD COUNTIES. Applicant/Appellant/Cross-Appellee: PUBLIC SERVICE COMPANY OF COLORADO, d/b/a XCEL ENERGY, Opposers/Appellees/Cross-Appellants: MEADOW ISLAND DITCH COMPANY NO. 2; MAGNESS LAND HOLDINGS, LLC; MAGNESS PLATTEVILLE, LLC; KPLATTEVILLE, LLC; and DEARAL BEDDO, and Appellee: JAMES HALL, Division Engineer for Water Division No. 1. file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2006/ htm (1 of 9) [8/19/2008 4:23:18 PM]

2 JUDGMENT AFFIRMED EN BANC JUSTICE MARTINEZ delivered the Opinion of the Court. JUSTICE COATS concurs in part and dissents in part, and JUSTICE EID joins in the concurrence and dissent. PETITIONS FOR REHEARING Two East 14 th Avenue Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 03CA1754 MARY KLINGER, Respondents: Case No. 04SC724 ADAMS COUNTY SCHOOL DISTRICT NO. 50, and BOARD OF EDUCATION OF ADAMS COUNTY SCHOOL DISTRICT NO. 50. Petition for Rehearing DENIED. EN BANC. JUSTICE MARTINEZ and JUSTICE BENDER would grant the Petition. Case No. 04SC695 Two East 14 th Avenue Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 02CA1076 file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2006/ htm (2 of 9) [8/19/2008 4:23:18 PM]

3 Petitioners: CAROLYN A. RALEIGH, KEVIN P. RALEIGH, and KEVIN C. RALEIGH, PERFORMANCE PLUMBING AND HEATING, INC., a Colorado corporation. Petition for Rehearing DENIED. EN BANC. CHIEF JUSTICE MULLARKEY would grant the Petition Two East 14 th Avenue Original Proceeding Pursuant to C.A.R. 21 Probate Court, City and County of Denver, Case No. 04PR1450 Honorable C. Jean Stewart, Judge In re: IN THE MATTER OF THE ESTATE OF THORVALD G. MYERS Petitioners: DONALD MYERS and OLSEN & TRAEGER, LLP, MARION PORTER. Case No. 05SA231 Opinion modified, and as modified, Petition for Rehearing DENIED. EN BANC file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2006/ htm (3 of 9) [8/19/2008 4:23:18 PM]

4 Case No. 05SC140 Two East 14th Avenue Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 03CA0214 CAROLYN ERSILA ROBERTS, a/k/a CAROLYN WILSON, Petition for Rehearing DENIED. EN BANC. JUSTICE HOBBS and JUSTICE EID do not participate. PETITIONS FOR WRIT OF CERTIORARI No. 05SC523 Court of Appeals Case Nos. 03CA0487 & 03CA1740 (5/19/05) Petitioner/Cross- DR. RON JONES, Respondents/Cross-Petitioners: KENNETH W. SATTERFIELD, DEBRA SATTERFIELD and COLORADO COMPENSATION INSURANCE AUTHORITY, d/b/a PINNACOL ASSURANCE. Petition and Cross- CHIEF JUSTICE MULLARKEY would grant the Cross-Petition as to the following issue: Whether the appellate court erred, for purposes of Respondent/Cross-Petitioner Satterfield s negligent supervision claim against Petitioner, in holding that Petitioner did not breach his duty of care to Satterfield, when Petitioner failed to stop Hagan from chasing and shooting Satterfield. No. 05SC552 Court of Appeals Case No. 04CA0086 (6/16/05) Petitioners/Cross-Respondents: AURARIA HIGHER EDUCATION CENTER and STATE PERSONNEL BOARD, file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2006/ htm (4 of 9) [8/19/2008 4:23:18 PM]

5 BARRY RICE and Respondent/Cross- DAN WELLS. Petition and Cross No. 05SC693 Court of Appeals Case No. 03CA0216 (2/17/05) NEWSTROM-DAVIS CONSTRUCTION COMPANY OF COLORADO, INC., a Colorado corporation, THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF BENT No. 05SC756 Court of Appeals Case No. 03CA1560 (9/8/05) RONNIE RAILE, Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issue: Whether the court of appeals erred in holding that the hearsay declarant s statements to the investigating officer were not testimonial. DENIED AS TO ALL OTHER ISSUES No. 05SC781 Court of Appeals Case No. 03CA0406 (9/22/05) RONALD TAYLOR, file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2006/ htm (5 of 9) [8/19/2008 4:23:18 PM]

6 No. 05SC803 Court of Appeals Case No. 05CA1917 Petitioners: UNION PACIFIC RAILROAD COMPANY, a foreign corporation; and DANNIE DOLAN, individually, Respondents: DAVID MARTIN and REBECCA MARTIN, as parents and next friends to Maureen Martin, a minor and incapacitated person. Petition for Writ of Certiorari pursuant to C.A.R. 50 DENIED. EN BANC No. 05SC809 Court of Appeals Case No. 03CA1970 (10/6/05) In re the Marriage of: VIRGINIA L. CARD-SMITH, former special advocate, Respondents: SARAH K. REDMOND and JESSE L. BEZDEK. JUSTICE COATS would grant as to the following issues: Whether the court erred in remanding the case to the district court after the supreme court, via the Office of Attorney Regulation Counsel has investigated the allegations involving the former special advocate and resolved the matter under Colorado Rules of Professional Conduct and the attorney agreed to diversion on October 24, under Colo.RPC 5.3(b), failure to properly supervise a non-lawyer, and Colo.RPC 8.4(h), conduct that adversely reflects on fitness to practice law, and the appellant had fulfilled the diversion requirements pursuant to C.R.C.P ending on November 24, Whether the court erred in the remand of the case to the trial court for an evidentiary hearing and to have discretion for attorney to return any or all of her fees if it finds that she violated Colo.RPC 8.4(c), which involved a lawyer engaging in conduct involving dishonesty, fraud, deceit or misrepresentation. Whether the appellate court erred in remanding the case in view of that special advocate (family court investigators) have been legislatively declared to have quasi judicial immunity, if the stated reason is to mete out punishment in the form of reclaiming previously earned and paid fees. file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2006/ htm (6 of 9) [8/19/2008 4:23:18 PM]

7 No. 05SC821 Court of Appeals Case No. 03CA2067 (10/20/05) WILLIAM JOSEPH BRUECHE, No. 05SC861 Court of Appeals Case No. 03CA1268 (8/25/05) DAVID DELGADO-ELIZARRAS, No. 06SC15 Court of Appeals Case No. 03CA1366 (11/17/05) WILLIAM HENRY HARTE, No. 06SC39 Court of Appeals Case No. 04CA1572 (12/15/05) DOUGLAS BRUCE, CITY OF COLORADO SPRINGS. JUSTICE COATS and JUSTICE EID would grant as to the following issues: file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2006/ htm (7 of 9) [8/19/2008 4:23:18 PM]

8 Whether the court of appeals erred when it determined that the street light service charge is a valid fee and not a tax. Whether the court of appeals erred when it determined that the cable television franchise grant is not a tax. Whether challenge to cable television franchise election is barred by the applicable statute of limitation. No. 06SC59 Court of Appeals Case No. 04CA2279 (10/20/05) WENDY BROWNSON-RAUSIN, Respondents: INDUSTRIAL CLAIM APPEALS OFFICE OF THE STATE OF COLORADO, VALLEY VIEW HOSPITAL, and COLORADO HOSPITAL ASSOCIATION TRUST. No. 06SC137 Court of Appeals Case No. 05CA1401 (2/9/06) E.W., In the Interest of C.G., T.W., G.W., and S.G., Minor Children. JUSTICE COATS would grant as to the following issue: Whether the court of appeals erred in finding that terminating the petitioner s parental rights without conducting a dispositional hearing following adjudications of dependency and neglect nevertheless substantially complied with statutory requirements under the circumstances of this case. No. 06SC138 Court of Appeals Case No. 05CA2232 (2/9/06) J.M.C., THE PEOPLE OF THE STATE OF COLORADO, file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2006/ htm (8 of 9) [8/19/2008 4:23:18 PM]

9 In the Interest of J.R.C., P.C., and J.C., Minor Children. file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2006/ htm (9 of 9) [8/19/2008 4:23:18 PM]