ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, JUNE 20,

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 101 West Colfax Avenue, Suite 800 Denver, Colorado Case No. 10SC94 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 08CA2659 Petitioners: Denver Post Corporation, a Colorado corporation, d/b/a The Denver Post, and Karen Crummy, a Colorado citizen, Bill Ritter, Governor of the State of Colorado. JUDGMENT AFFIRMED EN BANC JUSTICE HOBBS delivered the Opinion of the Court. JUSTICE RICE dissents, and JUSTICE EID joins in the dissent. JUSTICE EID dissents. JUSTICE MÁRQUEZ does not participate. 1

2 SUPREME COURT, STATE OF COLORADO 101 West Colfax Avenue, Suite 800 Denver, Colorado Case No. 09SA213 Appeal from the District Court Water Division 1, Case No. 04CW310 Honorable Roger A. Klein, Judge Concerning the Application for Water Rights of the City and County of Broomfield in Adams, Broomfield, Boulder and Weld Counties. Opposers-Appellants/Cross-Appellees: Centennial Water and Sanitation District and City of Boulder, Applicant-Appellee/Cross-Appellant: City and County of Broomfield, and Opposers-Appellees/Cross-Appellees: City of Aurora, Brighton Ditch Company, City of Englewood, Farmers Reservoir and Irrigation Company, City of Longmont, City of Louisville, New Consolidated Lower Boulder Reservoir and Ditch Company, Northern Colorado Water Conservancy District, Platteville Irrigation and Milling Company, Public Service Company of Colorado, d/b/a Xcel Energy, South Adams County Water and Sanitation District, City of Thornton, and City of Westminster, and Appellee Pursuant to C.A.R. 1(e): James R. Hall, Division Engineer for Water Division No. 1. ORDER AFFIRMED EN BANC JUSTICE EID delivered the Opinion of the Court. 2

3 SUPREME COURT, STATE OF COLORADO 101 West Colfax Avenue, Suite 800 Denver, Colorado Case No. 10SC39 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 08CA2231 Petitioners: Codiejo Apodaca, n/k/a Codiejo Martinez, and Michelle I. Carlton, Allstate Insurance Company, an Illinois insurance corporation. JUDGMENT AFFIRMED EN BANC JUSTICE MÁRQUEZ delivered the Opinion of the Court. 3

4 PETITIONS FOR REHEARING SUPREME COURT, STATE OF COLORADO 101 West Colfax Avenue, Suite 800 Denver, Colorado Case No. 10SA341 Original Proceeding Pursuant to C.A.R. 21 Arapahoe County District Court Case No. 06CR697 Honorable Gerald J. Rafferty, Judge In Re: Plaintiff: The People of the State of Colorado, Defendant: Robert Keith Ray. Opinion modified, and as modified, Petition for Rehearing DENIED. EN BANC. 4

5 SUPREME COURT, STATE OF COLORADO 101 West Colfax Avenue, Suite 800 Denver, Colorado Case No. 09SA133 Appeal from the District Court Water Division 1, Case No. 02CW403 Honorable Judge Roger A. Klein, Judge Applicant-Appellants: Burlington Ditch Reservoir and Land Company; Farmers Reservoir and Irrigation Company; United Water and Sanitation District; Henrylyn Irrigation District; and East Cherry Creek Valley Water and Sanitation District, and Opposers-Appellants: City of Thornton; City of Brighton; and City and County of Denver, acting by and through its Board of Water Commissioners, Opposer-Appellant/Opposer-Appellee: City of Englewood, Opposers-Appellees: Metro Wastewater Reclamation District; Public Service Company of Colorado, d/b/a Xcel Energy, Inc.; Town of Lochbuie; Platte Valley Irrigation Company; City of Aurora; Golf Course Heritage Todd Creek; Todd Creek Farms Metro District; Centennial Water & Sanitation District; City of Boulder; Harmony Ditch Company; Irrigationists' Association; State Board of Land Commissioners; Colorado Division of Wildlife; City of Black Hawk; City and County of Broomfield; Lower Latham Reservoir Company; Aggregate Industries-WCR, Inc.; Albert Frei & Sons, Inc.; Henderson Aggregate, Ltd.; HP Farms, Inc.; PV Water Holdings, LLC; Adams County Board of Commissioners; Riverside Irrigation District; Riverside Land Company; Brighton Ditch Company; Parker Water and Sanitation District; Platteville Irrigating & Milling Company; Central Colorado Water Conservancy District; South Adams County Water & Sanitation District; 5

6 Rangeview Metropolitan District; Equus Farms, Inc.; State Water Engineer; Fulton Irrigation Ditch Company; City of Greeley; Northern Colorado Water Conservancy District; Bijou Irrigation District; City of Commerce City; David DeChant; Consolidated Ditches Company of District No. 2; City of Sterling; and Arapahoe County Water & Wastewater, Appellee Pursuant to C.A.R. 1(e): James Hall, Division Engineer for Water Division No. 1. Opinion modified, and as modified, Petitions for Rehearing DENIED. EN BANC. SUPREME COURT, STATE OF COLORADO 101 West Colfax Avenue, Suite 800 Denver, Colorado Case No. 09SC534 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 08CA134 Petitioners: Qwest Services Corporation and Qwest Corporation, Respondents: Andrew Blood, Carrie Blood, and Public Service Company of Colorado, d/b/a Xcel Energy. Opinion modified, and as modified, Petition for Rehearing DENIED. EN BANC. JUSTICE RICE and JUSTICE EID would grant the Petition. JUSTICE COATS does not participate. 6

7 SUPREME COURT, STATE OF COLORADO 101 West Colfax Avenue, Suite 800 Denver, Colorado Case No. 09SC652 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 06CA1207 Terry Townsend, Petition for Rehearing DENIED. EN BANC. CHIEF JUSTICE BENDER and JUSTICE MARTINEZ would grant the Petition. PETITIONS FOR WRIT OF CERTIORARI No. 10SC564 Court of Appeals Case No. 06CA1632 Darrick Love, JUSTICE COATS does not participate. JUSTICE MARTINEZ would grant as to the following issue: Whether the court of appeals correctly held that the defendant s right to speedy trial was not violated. 7

8 No. 10SC817 Court of Appeals Case Nos. 09CA1322 and 09CA2181 Petitioners: The Gap, Inc. and Leggett & Platt, Incorporated, Respondents: Maria Ostrom, in her official capacity as Interim Finance Director and City Treasurer of the City of Thornton; City of Thornton, a municipal corporation; Roxanne Huber, in her official capacity as Executive Director of the Colorado Department of Revenue; Timothy T. Weber, in his official capacity as Deputy Director of the Colorado Department of Revenue and Hearing Officer; City and County of Denver, a municipal corporation; City of Littleton, a municipal corporation; and City of Colorado Springs, a municipal corporation. JUSTICE EID would grant as to the following issues: Whether the court of appeals erred in holding that The Gap s purchases of store fixtures occurred in Thornton, for purposes of the Thornton tax ordinance, where the store fixtures were delivered to The Gap outside of Thornton by third party carriers. Whether the attempt by the City of Thornton to tax The Gap s purchases of store fixtures from a vendor located in Thornton, where the store fixtures were delivered to The Gap outside of Thornton and outside of Colorado by third party carriers, is in conflict with the decisions of the United States Supreme Court in National Bellas Hess, Inc. Department of Revenue of Illinois, 386 U.S. 753 (1967), and Quill Corp. North Dakota, 504 U.S. 298 (1992), and the United States Constitution. No. 10SC866 Weld County District Court Case No. 10CV478 Tecca Rivera, - 8

9 No. 10SC878 Court of Appeals Case No. 09CA183 Gary William Carrico, Jr., No. 11SC52 Court of Appeals Case No. 09CA283 Albert Lee Pacheco, No. 11SC116 Court of Appeals Case No. 10CA164 Vicki Carr, Respondents: Industrial Claim Appeals Office; Pasco/SW, Inc; and Pinnacol Assurance. No. 11SC149 Court of Appeals Case No. 07CA1745 Christopher Wieberg, JUSTICE MÁRQUEZ does not participate. 9

10 No. 11SC150 Court of Appeals Case No. 09CA2254 Petitioners: John Person and Janie Person, Dan Weller, a/k/a Daniel L. Weller, d/b/a Dan Weller Insurance Agency. No. 11SC152 Court of Appeals Case No. 07CA2176 Erik Dean Rabes, No. 11SC153 Court of Appeals Case No. 07CA1877 Andrew Gabriel Fuentes, No. 11SC160 Court of Appeals Case No. 08CA2702 Rocky Lee Martinez, 10

11 No. 11SC177 Court of Appeals Case No. 10CA972 Diligent Delivery Systems, Respondents: Industrial Claim Appeals Office of the State of Colorado, Division of Employment & Training and Darren R. Brouhard. JUSTICE MÁRQUEZ does not participate. No. 11SC178 Court of Appeals Case No. 10CA1599 Western Logistics, Inc., Respondents: Industrial Claim Appeals Office of the State of Colorado, Division of Employment & Training and Veronica Gomez. JUSTICE MÁRQUEZ does not participate. No. 11SC180 Court of Appeals Case No. 09CA63 Edgar Robles-Vasquez, 11

12 No. 11SC195 Court of Appeals Case No. 10CA361 Dennis Gonzales, No. 11SC207 Court of Appeals Case No. 07CA2549 Ahmad Aziz, No. 11SC217 Court of Appeals Case No. 10CA766 Process Serving Solutions, Respondents: Industrial Claim Appeals Office of the State of Colorado and Louise M. Barnes. No. 11SC221 El Paso County District Court Case No. 11CV40 Judy Ruth, Respondents: Kathy Gene Pebley and James Robert Pebley. 12

13 No. 11SC223 Court of Appeals Case No. 09CA850 William David Gross, No. 11SC225 Court of Appeals Case No. 10CA2050 David Fornes, No. 11SC243 Court of Appeals Case No. 10CA400 Carlos Hurtado Bustamante, No. 11SC248 Court of Appeals Case No. 09CA2562 Jonathan Newcome, Maryilynne Solomon, as Parent and Next Friend of Joshua Solomon, a minor. 13

14 No. 11SC257 Court of Appeals Case No. 09CA1309 Michael Todd Frazier, No. 11SC260 Court of Appeals Case No. 08CA2377 Robert J. Freeman, JUSTICE MÁRQUEZ does not participate. No. 11SC262 Arapahoe County District Court Case No. 09CV2447 Aymen Abdu, No. 11SC266 Court of Appeals Case No. 09CA401 Heidi Louise Fruhling, JUSTICE MÁRQUEZ does not participate. 14

15 No. 11SC267 Court of Appeals Case No. 10CA97 Steven Simons, No. 11SC270 Court of Appeals Case No. 09CA2545 Jeffrey Allen Robb, No. 11SC271 Court of Appeals Case No. 09CA180 Jeffrey Michael Freeman, No. 11SC273 Court of Appeals Case No. 09CA2677 Derrell Bell, 15

16 No. 11SC276 Court of Appeals Case No. 08CA1238 Sergio Valencia, a/k/a Cesar Holguin, No. 11SC280 Court of Appeals Case No. 09CA2329 Gardner Woodward, No. 11SC281 Court of Appeals Case No. 09CA1456 Nancy Ruth Bautista, No. 11SC282 Court of Appeals Case No. 10CA22 Michael Carrillo, 16

17 No. 11SC284 Court of Appeals Case No. 09CA1302 Joshua Daniel Reeves, No. 11SC285 Court of Appeals Case No. 07CA2042 Jorge Daniel Valdez, No. 11SC287 Court of Appeals Case No. 10CA981 Paul Tinsley, 17