ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, AUGUST 1,

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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. 09SC218 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 07CA34 Devon Scott Weinstein, Petition for Rehearing DENIED. EN BANC. Refer to 09SC224, Oram People, Opinion modified, August 1,

2 SUPREME COURT, STATE OF COLORADO 101 West Colfax Avenue, Suite 800 Denver, Colorado Case No. 09SC224 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 07CA23 Jason Richard Oram, Opinion modified, and as modified, Petition for Rehearing DENIED. EN BANC. 2

3 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. Opinion modified, and as modified, Petition for Rehearing DENIED. EN BANC. 3

4 SUPREME COURT, STATE OF COLORADO 101 West Colfax Avenue, Suite 800 Denver, Colorado Case No. 10SA234 Original Proceeding Pursuant to C.A.R. 21 Montrose County District Court Case No. 07CV206 Honorable James W. Schum, Judge In Re: Plaintiffs: Steven P. Thomas, and Thomas Properties, Inc., Defendants: Federal Deposit Insurance Corporation, in its capacity as receiver of New Frontier Bank; The Bridges Country Club, Inc.; The Bridges Golf & Country Club; Clinton Blum, personal representative of Estate of D.L. Day Jr., a/k/a Larry Day, Jr., a/k/a Delbert L. Day; Black Canyon Golf, LLLP; Brown Financial LLC; Weslin, LLC; Keenan's Industries, Inc.; RJ's Painting, LLC; Ridgway Valley Enterprises, LLC; John Prater, as personal representative for the Estate of James L. Lear; ASAP Rental Sales of Leadville, Inc.; United Rentals Northwest; Robert Beisen-Herz; Downey Excavation, Inc.; Patrik Davis Associates, P.C.; Chuck's Glass, Inc.; Buckhorn Geotech, Inc.; The Bridges at Black Canyon, Inc.; Northstar Bridges, LLC; Leslie Buttorff; Judy Pfountz; MPI/DBS Colorado/Texas LLLP, d/b/a Foothills Lighting & Supply; Richard P. Chulick, as receiver in Montrose District Court Case 07CV49; Rosemary Murphy, as the public trustee of Montrose County, Colorado; First City Corp.; and All Unknown Persons who Claim any interest in the Subject Matter of this Action. Petition for Rehearing DENIED. EN BANC. 4

5 No. 10SC403 Court of Appeals Case No. 09CA1383 PETITIONS FOR WRIT OF CERTIORARI Petitioners: General Steel Domestic Sales, LLC, d/b/a General Steel Corporation, a Colorado limited liability corporation; Discount Steel Buildings, LLC, a Delaware limited liability corporation; Jeffrey Wayne Knight, individually; and Nathan Wright, individually, Harold Irving Bacheller, III. Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issues: Whether the court of appeals erred in failing to apply the heightened standards required by this court s seminal decision in Protect Our Mountain Environment, Inc. District Court, 677 P.2d 1361 (Colo. 1984)( POME ) to respondent s malicious prosecution claim where such claim was entirely predicated upon petitioners petitioning activities. Whether the court of appeals erred by improperly and narrowly applying POME to petitioners prior litigation by limiting the defense to only the prior litigation as to respondent and not the entire litigation and excluding the evidence relating to the other arbitration respondents. Whether the court of appeals erred by failing to apply issue preclusion based on the arbitrator s decisions as to whether the prior litigation as a whole, and the narrower litigation as to Respondent alone, was devoid of factual or legal support. Whether the court of appeals erred in failing to find that the trial court abused its discretion in trebling exemplary damages based upon action taken by counsel in the litigation itself. 5

6 No. 10SC625 Court of Appeals Case No. 05CA1605 Alarico Medina, 10SC688 Court of Appeals Case No. 09CA1081 Atlantic Richfield Company, Whiting Oil and Gas Corporation, f/k/a Equity Oil Company. Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issues: Whether the Statutory Rule against Perpetuities Act's reformation provision, section (2), C.R.S. (2009), authorizes a court to reform a nondonative, commercial option created prior to the effective date of the Act in order to bring it into compliance with the common law rule against perpetuities. Whether the reformation provision is unconstitutionally retrospective, where such reformation deprives a party of its vested interest in real property. No. 10SC710 Court of Appeals Case No. 09CA1086 Mary A. Gallegos, Respondents: George N. Wallace and Nancy L. Wallace. 6

7 No. 10SC770 Court of Appeals Case No. 08CA1027 Chad Richard Thornton, Chief Justice Bender and Justice Hobbs would grant as to the following issues: Whether the prosecution presented sufficient evidence to determine that the value of the stolen vehicle exceeded $15,000 when the prosecution presented no evidence of the vehicle s value in Colorado. Whether the trial court erred by not providing a supplemental jury instruction on the definition of value when the jury questioned whether the prosecution must show value in California or Colorado. No. 10SC822 Court of Appeals Case No. 08CA1252 James Madison, No. 10SC827 Court of Appeals Case No. 09CA1892 Aaron Samuel Trujillo, 7

8 No. 10SC857 Court of Appeals Case No. 10CA41 Montezuma County Board of Equalization, Respondents: Questar Exploration and Production Company, and Colorado State Board of Assessment Appeals. No. 11SC37 Court of Appeals Case No. 08CA1438 Albert Douglas Gardner, 8

9 No. 11SC53 Court of Appeals Case No. 10CA522 Petitioners/Cross-Respondents: A.M., L.H., and R.H., Respondent/Cross- N.M., and Respondents: The People of the State of Colorado and A.C., and Cross- Petition and Cross-Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issues: Whether the court of appeals erred when it determined that the intervenors cross-examination of witnesses concerning the care and protection of the child during a termination of parental rights hearing exceeded the meaning of intervention, pursuant to section (5)(a), C.R.S. (2009), and violated the parents right to due process. Whether the court of appeals correctly selected and applied a harmless error beyond a reasonable doubt standard to review the statutory and constitutional violations that resulted from the full participation of the foster parents in the termination of parental rights trial. 9

10 No. 11SC55 Court of Appeals Case No. 08CA2326 Christopher Brian Marquez, Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issue: Whether the same incident provision of section (1)(a), C.R.S. (2010), mandates consecutive sentences for multiple crime of violence convictions arising from a series of offenses committed over several hours and involving different victims and locations. DENIED AS TO ALL OTHER ISSUES. No. 11SC76 Court of Appeals Case No. 09CA355 The People of the State of Colorado, Albert Lee Pacheco. 10

11 No. 11SC93 Court of Appeals Case No. 09CA1686 Petitioners: Daniel C. Zook and David H. Zook, Respondents: The El Paso County Retirement Plan; El Paso County Retirement Board; Sandra Damron, member of the El Paso County Retirement Board; Monnie Gore, member of the El Paso County Retirement Board; Joseph Breister, member of the El Paso County Retirement Board; Julie Johnson, member of the El Paso County Retirement Board; Brian Larson, member of the El Paso County Retirement Board; and David Klemmer, in his capacity as Plan Administrator of the El Paso County Retirement Plan. No. 11SC151 Court of Appeals Case No. 09CA1954 Charlotte Zolman, Pinnacol Assurance. JUSTICE MÁRQUEZ does not participate. No. 11SC259 Court of Appeals Case No. 09CA2720 Julio Ontiveros-Perez, JUSTICE MÁRQUEZ does not participate. 11

12 No. 11SC348 Court of Appeals Case No. 10CA2627 N.M., The People of the State of Colorado, In the Interest of Minor Children: M.M. and E.M. No. 11SC468 Court of Appeals Case No. 11CA264 R.L.W., The People of the State of Colorado, In the Interest of Minor Children: C.D.V. and W.A.V. JUSTICE MÁRQUEZ does not participate. 12