ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, AUGUST 3,

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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 NONE PETITIONS FOR WRIT OF CERTIORARI No. 08SC871 Court of Appeals Case No. 07CA0713 The People of the State of Colorado, Stewart Gaskin, Jr No. 08SC912 Court of Appeals Case No. 07CA1126 Petitioners: First Protection, Inc., an Arizona corporation; David H. Fursman; and Laura L. Fursman; ADT Security Services, Inc., a Delaware corporation

2 No. 08SC917 Court of Appeals Case No. 07CA0821 Petitioners: Zachary Ehrmantrout, Abdelhakim El-Gheriani, Robert Gire, Bradley Goings, Bradley Goldberg, Gerald Minick, Shawn Murray, Jorge Peralta, and Cory Price, Respondents: Orthodontic Education, Ltd., a Florida limited partnership; Orthodontic Education Company, a Florida corporation; Imagine Orthodontics, Inc., a Florida corporation; Joseph Ascercion, an individual; and Gasper Lazzara, an individual

3 No. 08SC964 Court of Appeals Case No. 07CA1422 Frederick A. Soderberg, Respondents: Charles J. Nacos and Soderberg Masonry, Inc. Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issues: Whether a party s failure to contest post-arbitration confirmation proceedings under section , C.R.S precludes a district court s later consideration of a timely motion for modification filed by the same party under , C.R.S Whether section (2) s twenty-day statutory period for postaward modification by an arbitrator extends to arbitrator modifications for clarification that occur on remand from a trial court confirmation proceeding. Whether C.R.C.P 60(b) is the appropriate vehicle to challenge a confirmed arbitration award after the award has been reduced to judgment. DENIED AS TO ALL OTHER ISSUES. CHIEF JUSTICE MULLARKEY would also grant as to the following issue: Whether an arbitrator may rely on contract language to alter the calculation of prejudgment interest without impermissibly reconsidering the merits of the dispute, when the primary issue submitted to the arbitrator concerns the fair value of a financial instrument

4 No. 08SC984 Court of Appeals Case No. 07CA0366 Corey Anderson, No. 08SC1025 Court of Appeals Case No. 07CA1569 Petitioners: Residents and Registered Electors of the Town of Frankstown, Colorado; Ardell Arfsten; Pat Arfsten; David Ayers; Elizabeth Ayers; Victoria Ayers; Sheila Galloway; Jamieson Saraduke; John Braly; Deborah Braly; Randal Manning; and Rachael Wetherly, Respondents: The Board of Trustees of the Town of Frankstown, Colorado; The Town of Frankstown, Colorado; and The Board of County Commissioners of Douglas County, Colorado No. 08SC1071 Court of Appeals Case No. 06CA0802 The People of the State of Colorado, Joshua David Swan

5 No. 09SC7 Court of Appeals Case No. 07CA0428 Travis Patrick Lopez, No. 09SC116 Court of Appeals Case No. 07CA2502 F. Jonathan Zusy, Gary Lindsay No. 09SC122 Adams County District Court Case Nos. 08CV1606 & 04CR1499 Jesus Alfredo Crosby, No. 09SC157 Court of Appeals Case No. 08CA2177 Tammy Chambers, Charlene Kish

6 No. 09SC171 Court of Appeals Case No. 07CA1746 Jaime J. Perez, Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issue: Whether the district court committed reversible error and violated petitioner s constitutional rights by failing to suppress evidence obtained as a result of a warrantless search and seizure, and whether the court of appeals erred in affirming the judgment of conviction. DENIED AS TO ALL OTHER ISSUES No. 09SC174 Douglas County District Court Case No. 07CV2825 Germar Schaefer, No. 09SC211 Court of Appeals Case No. 07CA1234 Ronald Wayne Hicks,

7 No. 09SC260 Court of Appeals Case No. 07CA1639 David Suddarth, No. 09SC265 Court of Appeals Case No. 08CA0885 Grover Edward Boston, Petition for Writ of Certiorari GRANTED, and the judgment of the Colorado Court of Appeals is vacated. The case is remanded to the Colorado Court of Appeals for reconsideration in light of People Summers, 208 P.3d. 251 (Colo. 2009). EN BANC No. 09SC283 Court of Appeals Case No. 07CA1075 Steven Thomas Ball,

8 No. 09SC348 Court of Appeals Case No. 09CA0259 Jamie Cash Hoover, No. 09SC349 Court of Appeals Case No. 07CA0970 Thomas Kelly, Respondents: Western Eagle County Ambulance District, Pinnacol Assurance, and Industrial Claim Appeals Office of the State of Colorado. CHIEF JUSTICE MULLARKEY would grant as to the following issues: Whether the Colorado workers compensation quasi-course and scope of employment doctrine encompasses an employee injured in a motor vehicle accident while traveling to an authorized medical evaluation, even when the employee does not begin his travel starting from home, and may be traveling some distance to the medical appointment. Whether the court of appeals erred in upholding the Panel s Final Order refusing to reverse the ALJ where the ALJ determined that an additional authorization was required for pre-surgical evaluation, even though the authorized physician had prescribed a surgery, pursuant to W.C.R.P. Rule 17-5(A)

9 No. 09SC350 Court of Appeals Case No. 06CA0947 Brandon J. Barnhart, No. 09SC381 Court of Appeals Case No. 07CA0208 Stanley Philbert Lee, No. 09SC382 Court of Appeals Case No. 07CA0659 Richard Wayne Scearce, No. 09SC392 Court of Appeals Case No. 08CA1692 Bulto Bena, Respondents: Industrial Claim Appeals Office of the State of Colorado, Hertz Corporation, and AIG

10 No. 09SC397 Court of Appeals Case No. 07CA0540 Clifford Sanchez, No. 09SC399 Court of Appeals Case No. 08CA0666 Ronald Jennings Fogle, No. 09SC402 Court of Appeals Case No. 07CA2402 Ervin Earl Rutter, No. 09SC403 Court of Appeals Case No. 08CA0052 Bryan Monses,

11 No. 09SC408 Court of Appeals Case No. 08CA0363 Mitchell C. Cozad, No. 09SC429 Court of Appeals Case No. 08CA2198 W.L.M., The People of the State of Colorado, In the Interest of Minor Children: S.R.M. and T.L.M No. 09SC434 Adams County District Court Case No. 07CV1383 Jay M. Boyens, No. 09SC435 Court of Appeals Case No. 08CA0084 James Ray Taylor, 11

12 No. 09SC437 Court of Appeals Case No. 06CA2353 Ryan David Goebel, No. 09SC447 Court of Appeals Case No. 06CA2070 Lawrence William Fitzgerald, Jr No. 09SC448 Court of Appeals Case No. 07CA2066 Loren Harrison, No. 09SC458 Court of Appeals Case No. 08CA1820 James Michael Roberts,

13 No. 09SC459 Court of Appeals Case No. 07CA1830 Nathan L. Highline, No. 09SC462 Court of Appeals Case No. 08CA1783 Stephen Farrell, No. 09SC463 Court of Appeals Case No. 08CA1488 Billy Ray Waddles, No. 09SC473 Court of Appeals Case No. 07CA1006 Jerrad W. Wilmot,

14 No. 09SC508 Court of Appeals Case No. 09CA0318 Y.M.B., The People of the State of Colorado, In the Interest of Minor Children: B.J.C. and W.C. JUSTICE MARTINEZ would grant as to the following issues: Whether the court of appeals erred in finding and concluding that the statutory grounds for termination of parental rights were established by clear and convincing evidence in this case. Whether the court of appeals erred in concluding that the juvenile court had not abused its discretion in determining that Y.M.B. s conduct or condition was unlikely to change within a reasonable period of time No. 09SC509 Court of Appeals Case No. 07CA2451 Phillip G. Haley, JUSTICE COATS does not participate

15 No. 09SC516 Court of Appeals Case No. 07CA1159 Matthew Jovon Mosley, No. 09SC517 Court of Appeals Case No. 08CA0383 Jay Winterburn, No. 09SC518 Court of Appeals Case No. 08CA1350 Thomas Anthony Johnson,

16 No. 09SC621 Court of Appeals Case No. 08CA2159 Petitioners: A.L.L. and D.Z., The People of the State of Colorado, In the Interest of Minor Child: C.Z. Petition for Writ of Certiorari pursuant to C.A.R. 50 GRANTED. EN BANC. Summary of Issue: Whether Colorado should adopt a procedure under Anders California, 386 U.S. 738 (1967), for dependency and neglect appeals that would apply to an indigent parent s appeal of an order terminating parental rights when appointed counsel believes there are no viable issues for appeal. See, e.g. Linker-Flores Ark. Dep t of Human Servs., 194 S.W. 3d 739, (Ark. 2004) (compiling cases). DENIED AS TO ALL OTHER ISSUES