ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, SEPTEMBER 10, 2007

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1 ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, SEPTEMBER 10, 2007 "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 OPINIONS SUPREME COURT, STATE OF COLORADO Two East 14 th Avenue Denver, Colorado Appeal from the District Court Water Division No. 5, 03CW78 Honorable T. Peter Craven, Judge Case No. 06SA303 CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE UPPER EAGLE REGIONAL WATER AUTHORITY, IN EAGLE AND GRAND COUNTIES, COLORADO. Applicant-Appellee: UPPER EAGLE REGIONAL WATER AUTHORITY, Opposers-Appellants: HAROLD ( HAL ) D. SIMPSON, State Engineer; ALAN C. MARTELLARO, Division Engineer for Water Division 5; COLORADO WATER CONVSERVATION BOARD, and Opposers-Appellees: CITY OF AURORA, through the Homestake Project; CITY OF COLORADO SPRINGS, through the Homestake Project; and COLORADO RIVER WATER CONSERVATION DISTRICT. file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2007/ htm (1 of 11) [8/19/2008 5:00:54 PM]

2 JUDGMENT AFFIRMED EN BANC CHIEF JUSTICE MULLARKEY delivered the Opinion of the Court. SUPREME COURT, STATE OF COLORADO Two East 14th Avenue Denver, Colorado Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 03CA1445 Case No. 05SC811 DAVID W. STEEDLE, M.D.; NEIL WALDMAN, M.D.; CITY AND COUNTY OF DENVER; and DENVER GENERAL HOSPITAL, n/k/a DENVER HEALTH MEDICAL CENTER, BRADLEY SCOTT SEREFF, individually and as personal representative of the Estate of Jennifer Sereff; ELLIOTT SEREFF, through his guardian, father, and next friend, Bradley Scott Sereff; and SKYLAR SEREFF, through her guardian, father, and next friend, Bradley Scott Sereff. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS EN BANC JUSTICE BENDER delivered the Opinion of the Court. JUSTICE EID does not participate. SUPREME COURT, STATE OF COLORADO Two East 14 th Avenue Denver, Colorado Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 03CA0645 Case No. 05SC881 file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2007/ htm (2 of 11) [8/19/2008 5:00:54 PM]

3 OSCAR HINOJOS-MENDOZA, JUDGMENT REVERSED IN PART AND AFFIRMED IN PART EN BANC JUSTICE RICE delivered the Opinion of the Court. JUSTICE MARTINEZ dissents, and JUSTICE BENDER joins in the dissent. JUSTICE EID does not participate. SUPREME COURT, STATE OF COLORADO Two East 14 th Avenue Denver, Colorado Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 03CA1648 WILLIAM COLEMAN, JUDGMENT AFFIRMED EN BANC Case No. 06SC155 JUSTICE RICE delivered the Opinion of the Court. JUSTICE MARTINEZ dissents, and JUSTICE BENDER joins in the dissent. JUSTICE EID does not participate file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2007/ htm (3 of 11) [8/19/2008 5:00:54 PM]

4 Case No. 06SA320 SUPREME COURT, STATE OF COLORADO Two East 14 th Avenue Denver, Colorado Appeal from the District Court, Water Division, No. 2, 04CW39 Honorable Dennis Maes, Judge Plaintiff-Appellant: THE FORT LYON CANAL COMPANY, Defendants-Appellees: HIGH PLAINS A&M, LLC; MAGRO, LLC; 136TH and COLORADO, LLC; WOLLERT ENTERPRISES, INC.; and STEVEN J. WITTE, Division Engineer, Water Division 2. JUDGMENT AFFIRMED EN BANC JUSTICE COATS delivered the Opinion of the Court. PETITIONS FOR REHEARING NONE PETITIONS FOR WRIT OF CERTIORARI No. 06SC782 Court of Appeals Case No. 02CA0445 (5/4/06) THE PEOPLE OF THE STATE OF COLORADO, THOMAS LEE JOHNSON. Petition and Cross- JUSTICE EID does not participate. file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2007/ htm (4 of 11) [8/19/2008 5:00:54 PM]

5 JUSTICE COATS would grant as to the following issues: Whether an error in instructing the jury in the manner prohibited by People Toler, 9 P.3d 341 (Colo. 2000), is subject to harmless error review, and whether the error in this case was harmless. Whether, assuming the error is not harmless, the defendant s convictions for criminal trespass and criminal mischief must be reversed, as the events occurred a month before the murder, and the self-defense claim did not relate to these crimes. No. 07SC166 Court of Appeals Case No. 05CA1781 (1/25/07) TURENE LOMBARD and PUEBLO SCHOOL DISTRICT #60, COLORADO OUTDOOR EDUCATION CENTER, INC., a Colorado non-profit corporation, and SANBORN WESTERN CAMPS, INC., a Colorado non-profit corporation, d/b/a THE NATURE PLACE. Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issues: Whether the Colorado Premises Liability Act, section , C.R.S., abrogates the common law principle of negligence per se in the premises liability context. Whether courts may presume that landowners have knowledge of the particular provisions of building codes, or other similar codes, in a premises liability case. No. 07SC186 Court of Appeals Case No. 05CA1620 (1/25/07) SANTOS OSEGUERA-ZAVALA, JUSTICE MARTINEZ would grant as to the following issue: Was it reversible error for the prosecutor to argue in closing and file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2007/ htm (5 of 11) [8/19/2008 5:00:54 PM]

6 rebuttal that: (1) defendant "chased down [the victim] like an animal after his prey;" (2) the witnesses and defendant -- most of whom were of Honduran descent -- were different from the prosecutor and the jurors and did not understand the American system of criminal justice; (3) defense witnesses were "bald-face liar[s]" or were lying in their sworn testimony at trial; and (4) the alleged victim was "very, very credible" or "[e] xtremely credible." No. 07SC199 Court of Appeals Case No. 05CA0322 (2/8/07) WILLIAMS PRODUCTION RMT COMPANY, GENEVIEVE CLOUGH, as Personal Representative of William F. Clough, deceased. No. 07SC210 Court of Appeals Case No. 05CA0416 (3/22/07) HENDERSON HEAVY HAUL TRUCKING, INC., BRANDON COWGER. Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issue: Whether the court of appeals analysis of the regular business test conflict with established Colorado precedent in determining the existence of a statutory employer-employee relationship. No. 07SC221 Court of Appeals Case No. 05CA0906 (2/8/07) SAMUEL J. MARTINEZ, No. 07SC248 file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2007/ htm (6 of 11) [8/19/2008 5:00:54 PM]

7 Court of Appeals Case No. 04CA1804 (12/21/06) VICTOR J. CUPPERTILLI, DALE CUPPERTILLI, and M&M CONTRACTING OF TEXAS, INC., RIVER S EDGE RV RESORT OWNERS ASSOCIATION, a Colorado corporation; ROLAND A. ZIMMERMANN; and HELEN M. ZIMMERMAN. No. 07SC262 Court of Appeals Case No. 04CA0509 (2/22/07) Darryl White, The People OF THE STATE OF COLORADO. No. 07SC277 Court of Appeals Case No. 04CA2424 (11/16/06) JOHN P. SHERMAN, CHIEF JUSTICE MULLARKEY would grant as to the following issue: Where the defendant maintains that he is innocent and is facing a life imprisonment if convicted, does defense counsel have the duty to initiate plea negotiations, and under what circumstances does failure to initiate plea negotiations fall below an objective standard of reasonableness. No. 07SC304 Court of Appeals Case No. 05CA0839 (2/8/07) HOWARD RUDNICK and JENNIFER SWEZEY, as next friends for EDITH RUDNICK, a minor, The CHILDREN S HOSPITAL; ELIZABETH WIDNER, R.N.; M.M. HINNEBERG, a/k/a ZITAGLIO, R.N.; and SHEEL VATSIA, M.D. file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2007/ htm (7 of 11) [8/19/2008 5:00:54 PM]

8 No. 07SC305 Court of Appeals Case No. 05CA0077 (2/8/07) HOWARD RUDNICK and JENNIFER SWEZEY, as next friends for EDITH RUDNICK, a minor, MARGARET FERGUSON, M.D.; LILA H. MONAHAN, M.D.; DAVID R. CLARKE, M.D.; JEFF WAGENER, M.D.; MARK BOUCEK, M.D.; and MARY M. WOLLMERING, M.D. No. 07SC340 Court of Appeals Case No. 05CA0849 (1/25/07) Petitioner/Cross- SCHOOL DISTRICT NO. 12, ADAMS COUNTY, COLORADO n/k/a ADAMS 12 FIVE STAR SCHOOLS, a Colorado quasi-municipal corporation, Respondent/Cross- SECURITY LIFE OF DENVER INSURANCE COMPANY, a Colorado corporation, successor by name change to SECURITY LIFE AND ACCIDENT COMPANY. Petition and Cross-Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issues: Whether a landowner is entitled to damages in a condemnation case when all of the landowner s property is acquired and the landowner did not assert a claim for damages at trial. Whether the amount of damages, if any, to Parcel B, and the after condition value of Parcel B, can be retried without retrying the value of Parcel A. Whether the last written offer prior to filing a petition in condemnation, as to one parcel, and a written offer made prior to filing an amended petition in condemnation, as to the portion of property added to the condemnation in the amended petition, constitute a last written offer under the applicable attorney fees statute, section (1.5), C.R.S. (2006). Whether the court of appeals correctly decided that the trial court amended the jury verdict, changing its substance as opposed to its form. DENIED AS TO ALL OTHER ISSUES. No. 07SC343 file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2007/ htm (8 of 11) [8/19/2008 5:00:54 PM]

9 Court of Appeals Case No. 05CA1486 (3/15/07) XCEL ENERGY INC., CHRIS A. SCHADE, BETTY C. MILNE-SCHADE, ALVIN L. SCHADE, and LOLETTA L. SCHADE. No. 07SC416 Court of Appeals Case No. 05CA1182 (4/19/07) STEPHANIE L. MARTINEZ, No. 07SC432 Court of Appeals Case No. 05CA1244 (2/22/07) ALPHA SPACECOM, INC. and TRIDON TRUST, XUEDONG HU, JIAN WANG, and ALPHA SKY INVESTMENT LIMITED. No. 07SC455 Court of Appeals Case No. 03CA1364 (12/14/06) CORINTHIAN PRENTISS, JUSTICE MARTINEZ and JUSTICE BENDER would grant as to the following issues: Whether the rules of evidence require additional foundational evidence before allowing a defendant to question an alleged victim about possible prior sexual activity not subject to the Rape Shield Statue s procedural file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2007/ htm (9 of 11) [8/19/2008 5:00:54 PM]

10 requirements. Whether the court of appeals erred in holding that the county court judge in this case had authority to receive the jury verdict and impose sentence, and that the verdict and sentence were not coram non judice and void. No. 07SC458 Court of Appeals Case No. 04CA0726 (3/29/07) MICHAEL GARRETT, No. 07SC465 Court of Appeals Case No. 04CA2404 (4/19/07) JERRY JOSEPH ARMIJO, No. 07SC495 Court of Appeals Case No. 05CA2550 (3/15/07) BATTLE MOUNTAIN CORPORATION, a Florida corporation, GINN BATTLE LENDER, LLC. No. 07SC644 Court of Appeals Case No. 06CA2661 (7/5/07) D.C-S., file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2007/ htm (10 of 11) [8/19/2008 5:00:54 PM]

11 In the Interest of L.C., Minor Child. No. 07SC668 Court of Appeals Case No. 07CA0192 (7/12/07) D.B. & T.A-L., In the Interest of T.E.H. and S.A.B., Minor Children No. 07SC702 Court of Appeals Case No. 07CA0178 (7/26/07) M.A., In the Interest of. M.A.V., Minor Child. file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2007/ htm (11 of 11) [8/19/2008 5:00:54 PM]