ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, JUNE 5, 2007

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1 ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, JUNE 5, 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 14th Avenue Denver, Colorado Case No. 07SA17 Interlocutory Appeal from the District Court Summit County, Case No. 06CR139 Honorable W. Terry Ruckriegle, Judge Plaintiff-Appellant: THE PEOPLE OF THE STATE OF COLORADO, Defendant-Appellee: RUSSELL ARMANDO ARIAS. Order Affirmed EN BANC JUSTICE MARTINEZ delivered the Opinion of the Court. JUSTICE EID dissents, and JUSTICE RICE and JUSTICE COATS join in the dissent. file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2007/ htm (1 of 9) [8/19/2008 5:00:45 PM]

2 PETITIONS FOR REHEARING NONE PETITIONS FOR WRIT OF CERTIORARI No. 06SC608 Court of Appeals Case No. 02CA0907 (1/26/06) WILLIAM J. GARCIA, No. 06SC678 Court of Appeals Case No. 04CA2148 (8/31/06) MYRON D. SWAYZER, No. 07SC33 Court of Appeals Case No. 04CA1501 (11/24/06) JESUS BORREGO, No. 07SC113 Douglas County District Court Case No. 06CV1079 ELAHE ESHRAGHI, file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2007/ htm (2 of 9) [8/19/2008 5:00:45 PM]

3 CPN II OWNERS ASSOCIATION, INC No. 07SC131 Court of Appeals Case No. 05CA1220 (1/11/07) TIMOTHY D. GOOD, BEAR CANYON RANCH ASSOCIATION, INC; TERRY and CAMI L. KLEIN; JERRY and LINDSAY WELLS; JOHN and BARBARA LAWRENCE; GULREZ MALIK; ROBERT SCHOOLEY; MICHAEL and BETTY DAUNT; LOUIS and REBECCA EGEBRECHT; MICHAEL and SUSAN K. NORRIS; PARVEZ and SOHAIL MALIK; GERALD M. and MICHELLE A. COOK; TOD and RITA SCHADLER; ROBERT P. and KAREN L. CAMPBELL; SCOTT and HEIDI WARD; JAMES V. and GEORGIA A. KOCH; NADEEM N. MALIK; JOSEPH and PAT STEPHENSEN; WILLIAM W. and LINDA M. AIRY; RICK and PAMELA SUE ROPH; STEVEN T. ENGEMAN; KIRK E. IAWATA; DARRYL ANDREWS; SCOTT and LISSA OELKERS; WILLIAM B. and KIMBERLY S. WHITE; DAVID and GEULA RESNICK; THOMAS and ANNETTE MULHOLLAND; PAUL E. and SHERYL L. EASLEY; TIM J. MCDONALD; NATALIE J. HUNTER; MARK W. and L. TEETS; ANDREW R. and GAY CZOPEK; RICH and CHERYL MONROE; JEFFREY STUFFINGS; EZZEDIN M. and PEGGY R. FITOURI; LESTER and ROSLYN COLODNY; JOHN and PATRICIA S. COLLINS; GEORGE C. and LINDA A. MOORE; KENNETH L. and JUDY MEDLIN; DANIEL DUANE HALTON; JOHN and MARLENE ACCOLA; ROBERT L. and NANCY A PACHECO; DAVID and MARGARET RICHTER; DANE and MONICA MORALES; KEITH M. CALLENDER; DAVID J. WALTZMAN; CAROLINE BROWER; and CORNWALL LIVING TRUST. No. 07SC132 Court of Appeals Case No. 06CA0268 (1/25/07) N.P., No. 07SC144 Court of Appeals Case No. 05CA0561 (7/27/06) CLARENCE JACKSON, file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2007/ htm (3 of 9) [8/19/2008 5:00:45 PM]

4 No. 07SC146 Court of Appeals Case No. 06CA0626 (2/1/07) GINA BOOKER, KENNETH JOHNSON and BRENDA JOHNSON. No. 07SC152 Court of Appeals Case No. 05CA1557 (1/18/07) JEROME JONES, No. 07SC163 Court of Appeals Case No. 05CA1215 (12/28/06) Petitioners: BATTLE MOUNTAIN LIMITED LIABILITY COMPANY, a Colorado limited liability company; and BATTLE MOUNTAIN CORPORATION, a Florida corporation., MORTGAGE INVESTMENTS CORPORATION, a Colorado corporation; and TURKEY CREEK LIMITED LIABILITY COMPANY, a Colorado limited liability company. No. 07SC180 Court of Appeals Case No. 03CA2477 (1/25/07) OSCAR FRENCH, file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2007/ htm (4 of 9) [8/19/2008 5:00:45 PM]

5 No. 07SC185 Court of Appeals Case No. 05CA1381 (1/25/07) VANCE SMITH, No. 07SC195 Court of Appeals Case No. 05CA0461 (2/1/07) DOUGLAS T. BURNS, No. 07SC197 Court of Appeals Case No. 06CA1076 (2/15/07) WENDY BROWNSON-RAUSIN, INDUSTRIAL CLAIM APPEALS OFFICE; SUPPORT SERVICE, INC.; VALLEY VIEW HOSPITAL; and COLORADO HOSPITAL ASSOCIATION TRUST. No. 07SC200 Court of Appeals Case No. 05CA1908 (2/1/07) RAYMOND BERZOZA, No. 07SC201 file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2007/ htm (5 of 9) [8/19/2008 5:00:45 PM]

6 Court of Appeals Case No. 05CA1052 (2/1/07) DAVID BRASCHE, No. 07SC202 Court of Appeals Case No. 04CA1759 (2/1/07) TERRE JEFFERSON, No. 07SC204 Court of Appeals Case No. 05CA1561 (2/1/07) RANDY LUCAS, No. 07SC211 Court of Appeals Case No. 05CA0879 (2/8/07) JAMES W. GORDON, No. 07SC215 Court of Appeals Case No. 05CA0562 (2/22/07) MICHAEL DOYLE, file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2007/ htm (6 of 9) [8/19/2008 5:00:45 PM]

7 No. 07SC216 Court of Appeals Case No. 05CA2570 (2/8/07) BENJAMIN GRIFFITHS, No. 07SC217 Court of Appeals Case No. 05CA2559 (11/2/06) KELLY J. BARLEAN, MICHELE MAHADY HABERLACH and WILLIAM STANLEY HABERLACH. No. 07SC219 Court of Appeals Case No. 05CA1181 (1/11/07) JOSEPH A. DURAN, No. 07SC232 Court of Appeals Case No. 05CA1798 (2/15/07) JOSEPH DELUCA, file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2007/ htm (7 of 9) [8/19/2008 5:00:45 PM]

8 No. 07SC246 Court of Appeals Case No. 05CA1763 (2/15/07) AMANDA JOLENE MARIE BOLDING, No. 07SC250 Court of Appeals Case No. 05CA1938 (3/8/07) JOHNNY RAY THOMPSON, No. 07SC256 Court of Appeals Case No. 05CA1423 (2/22/07) DURRON LARRY BRYANT, No. 07SC267 Court of Appeals Case No. 04CA1739 (2/22/07) ATEBA A. BAILEY, file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2007/ htm (8 of 9) [8/19/2008 5:00:45 PM]

9 file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2007/ htm (9 of 9) [8/19/2008 5:00:45 PM]

COLORADO COURT OF APPEALS. Court of Appeals No.: 05CA1220 Douglas County District Court No. 03CV387 Honorable Thomas J. Curry, Judge. Timothy D.

COLORADO COURT OF APPEALS. Court of Appeals No.: 05CA1220 Douglas County District Court No. 03CV387 Honorable Thomas J. Curry, Judge. Timothy D. COLORADO COURT OF APPEALS Court of Appeals No.: 05CA1220 Douglas County District Court No. 03CV387 Honorable Thomas J. Curry, Judge Timothy D. Good, Plaintiff Appellant, v. Bear Canyon Ranch Association,

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