CASE ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, SEPTEMBER 10, 2018

Similar documents
CASE ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, OCTOBER 29, 2018

CASE ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, DECEMBER 10, 2018

CASE ANNOUNCEMENTS COLORADO SUPREME COURT TUESDAY, JANUARY 22, 2019

OPINIONS. The Supreme Court of the State of Colorado 2 East 14 th Avenue Denver, Colorado CO 44

OPINIONS. The Supreme Court of the State of Colorado 2 East 14 th Avenue Denver, Colorado CO 72

CASE ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, NOVEMBER 5, 2018

OPINIONS NONE PETITIONS FOR REHEARING NONE

OPINIONS. The Supreme Court of the State of Colorado 2 East 14 th Avenue Denver, Colorado CO 1

OPINIONS. The Supreme Court of the State of Colorado 2 East 14 th Avenue Denver, Colorado CO 18

CASE ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, SEPTEMBER 17, 2018

CASE ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, OCTOBER 15, 2018

CASE ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, JUNE 11, 2018

OPINIONS. Supreme Court of the State of Colorado 101 West Colfax Avenue, Suite 800 Denver, Colorado CO 63

CASE ANNOUNCEMENTS COLORADO SUPREME COURT TUESDAY, MAY 29, 2018

CASE ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, DECEMBER 3, 2018

CASE ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, MAY 1, 2017

OPINIONS. The Supreme Court of the State of Colorado 2 East 14 th Avenue Denver, Colorado CO 4

ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, MARCH 28,

ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, NOVEMBER 3, 2003

OPINIONS. Supreme Court of the State of Colorado 101 West Colfax Avenue, Suite 800 Denver, Colorado CO 44

ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, FEBRUARY 4, 2008

ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, APRIL 3, 2006

OPINIONS NONE PETITIONS FOR REHEARING

CASE ANNOUNCEMENTS COLORADO SUPREME COURT TUESDAY, FEBRUARY 20, 2018

CASE ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, MARCH 5, 2018

CASE ANNOUNCEMENTS COLORADO SUPREME COURT TUESDAY, JANUARY 17, 2017

ANNOUNCEMENTS COLORADO SUPREME COURT TUESDAY, DECEMBER 2,

CASE ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, JULY 3, 2017

OPINIONS. The Supreme Court of the State of Colorado 2 East 14 th Avenue Denver, Colorado CO 12

ANNOUNCEMENTS COLORADO SUPREME COURT. Monday, January 24, 2000

CASE ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, JANUARY 14, 2019

OPINIONS. The Supreme Court of the State of Colorado 2 East 14 th Avenue Denver, Colorado CO 57

OPINIONS. The Supreme Court of the State of Colorado 2 East 14 th Avenue Denver, Colorado CO 32

OPINIONS. The Supreme Court of the State of Colorado 2 East 14 th Avenue Denver, Colorado CO 18

-1- ANNOUNCEMENTS Colorado Court of Appeals November 9, 2017

ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, AUGUST 26, 2002

OPINIONS NONE PETITIONS FOR REHEARING. Supreme Court of the State of Colorado

ANNOUNCEMENTS COLORADO COURT OF APPEALS February 3, 2005

OPINIONS. The Supreme Court of the State of Colorado 2 East 14 th Avenue Denver, Colorado CO 78

OPINIONS. Supreme Court of the State of Colorado 2 East 14 th Avenue Denver, Colorado CO 42

ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, SEPTEMBER 12,

ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, AUGUST 1,

OPINIONS NONE NONE

ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, FEBRUARY 8,

OPINIONS. The Supreme Court of the State of Colorado 2014 CO 17. Supreme Court Case No. 12SC672 Certiorari to the Colorado Court of Appeals

ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, OCTOBER 17, 2005

CASE ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, NOVEMBER 13, 2017

CASE ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, JULY 30, 2018

ANNOUNCEMENTS COLORADO SUPREME COURT. September 11, Click on the case number to view the opinion in Word format.

ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, APRIL 10, 2006

-1- ANNOUNCEMENTS Colorado Court of Appeals June 2, 2016

CASE ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, APRIL 23, 2018

-1- ANNOUNCEMENTS Colorado Court of Appeals August 7, 2014

ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, SEPTEMBER 10, 2007

-1- ANNOUNCEMENTS Colorado Court of Appeals September 8, 2016

ANNOUNCEMENTS COLORADO SUPREME COURT. November 20, 2000

-1- ANNOUNCEMENTS Colorado Court of Appeals August 6, 2015

Court of Appeals No.: 02CA0850 City and County of Denver District Court Nos. 99CR2558 & 99CR2783 Honorable Lawrence A.

ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, AUGUST 27, 2007

OPINIONS NONE PETITIONS FOR REHEARING

-1- ANNOUNCEMENTS Colorado Court of Appeals December 31, 2015

ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, AUGUST 3,

OPINIONS. The Supreme Court of the State of Colorado 2 East 14 th Avenue Denver, Colorado CO 59

ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, JUNE 5, 2007

OPINIONS. Supreme Court of the State of Colorado 2 East 14 th Avenue Denver, Colorado CO 18

OPINIONS NONE PETITIONS FOR REHEARING

OPINIONS NONE PETITIONS FOR REHEARING

ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, DECEMBER 9, 2002

ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, JULY 31, 2006

OPINIONS NONE PETITIONS FOR REHEARING NONE

The supreme court affirms the court of appeal s decision to. reverse the district court s dismissal of the charges against

2018 CO 19. No. 15SC469, People v. Washam Crim. P. 7(e) Time-allegation Amendments

2012 CO 5. In this juvenile delinquency case, the prosecution filed an interlocutory appeal

ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, MAY 16, 2005

-1- ANNOUNCEMENTS Colorado Court of Appeals October 1, 2015

2019 CO 4. the Arapahoe County Department of Human Services (the Department) lacked standing

ANNOUNCEMENTS COLORADO COURT OF APPEALS. July 5, Click on the case number to view the opinion in Word format.

2017 CO 76. No. 14SC517, Roberts v. People Affirmative Defenses Traverses Self-Defense Harassment.

ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, MARCH 14,

-1- ANNOUNCEMENTS Colorado Court of Appeals January 19, 2017

No. 06SC188, Medina v. People Sentencing for Crime Different than Jury Conviction Violates Due Process and Sixth Amendment

-1- ANNOUNCEMENTS Colorado Court of Appeals June 8, 2017

-1- ANNOUNCEMENTS Colorado Court of Appeals February 1, 2018

No. 07SA202, Vreeland v. Weaver - writ of habeas corpus - speedy trial. In this case, the Colorado Supreme Court affirms the

2012 CO 23. The supreme court reverses the judgment of the court of appeals and holds that

OPINIONS NONE PETITIONS FOR REHEARING NONE

ANNOUNCEMENTS COLORADO COURT OF APPEALS September 15, 2005

-1- ANNOUNCEMENTS Colorado Court of Appeals August 3, 2017

ANNOUNCEMENTS COLORADO COURT OF APPEALS. July 11, 2002

-1- ANNOUNCEMENTS Colorado Court of Appeals March 2, 2017

-1- ANNOUNCEMENTS Colorado Court of Appeals December 28, 2017

-1- ANNOUNCEMENTS Colorado Court of Appeals May 31, 2018

-1- ANNOUNCEMENTS Colorado Court of Appeals August 4, 2016

ANNOUNCEMENTS COLORADO COURT OF APPEALS. April 19, 2001

ANNOUNCEMENTS COLORADO COURT OF APPEALS September 9, 2004

-1- ANNOUNCEMENTS Colorado Court of Appeals July 27, 2017

-1- ANNOUNCEMENTS Colorado Court of Appeals December 7, 2017

U N P U B L I S H E D O P I N I O N S

-1- ANNOUNCEMENTS Colorado Court of Appeals September 4, 2014

The supreme court declines to adopt a new competency standard, pursuant to

Transcription:

CASE ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, SEPTEMBER 10, 2018 "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 2018 CO 68 Supreme Court Case No. 17SC247 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 16CA416 Joel Munoz, American Family Mutual Insurance Company. Judgment Affirmed en banc JUSTICE BOATRIGHT delivered the Opinion of the Court. 1

2018 CO 69 Supreme Court Case No. 17SC15 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 15CA1327 Jared J. Przekurat, by and through his parent, Co-Guardian, Co-Conservator and next friend, Jerome Przekurat, Respondents: Christopher Torres, Samuel S. Stimson, Peter Stimson, and Mitchell Davis. Judgment Affirmed en banc JUSTICE HART delivered the Opinion of the Court. 2

2018 CO 70 Supreme Court Case No. 15SC163 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 11CA2316 Matthew J. Zoll, Judgment Affirmed in Part and Reversed in Part en banc JUSTICE SAMOUR delivered the Opinion of the Court. 3

2018 CO 71 Supreme Court Case No. 18SA56 Interlocutory Appeal from the District Court Las Animas County District Court Case No. 17CR193 Honorable Leslie J. Gerbracht, Judge Plaintiff-Appellant: Defendant-Appellee: Michael Andrew Pappan. Order Reversed en banc JUSTICE SAMOUR delivered the Opinion of the Court. JUSTICE GABRIEL dissents, and JUSTICE HART joins in the dissent. 4

GRANTED PETITIONS FOR WRIT OF CERTIORARI No. 16SC951, Court of Appeals Case No. 15CA393 Janet Lynn Gonzalez-Trujillo, Petition for Writ of Certiorari GRANTED. The judgment of the Colorado Court of Appeals is vacated, and the case is remanded to the Colorado Court of Appeals for reconsideration in light of People Stellabotte, 2018 CO 66, 421 P.3d 174. EN BANC. [REFRAMED] Whether an amendment to a statute that does not specify whether it applies prospectively or retroactively applies retroactively to cases that are pending when the amendment was enacted. DENIED AS TO ALL OTHER ISSUES. No. 17SC182, Court of Appeals Case No. 15CA811 Thomas Phil Merchant, Petition for Writ of Certiorari GRANTED. The judgment of the Colorado Court of Appeals is vacated, and the case is remanded to the Colorado Court of Appeals for reconsideration in light of People Stellabotte, 2018 CO 66, 421 P.3d 174. EN BANC. [REFRAMED] Whether an amendment to a statute that does not specify whether it applies prospectively or retroactively applies retroactively to cases that are pending when the amendment was enacted. DENIED AS TO ALL OTHER ISSUES. 5

18SC225, Court of Appeals Case No. 15CA126 Brooke E. Rojas. Petition for Writ of Certiorari GRANTED. EN BANC. Whether the court of appeals erred by concluding section 26-2-305 of the Public Assistance Act created an independent criminal offense for food stamp theft that abrogated the State s authority to prosecute under the general theft statute. DENIED PETITIONS FOR WRIT OF CERTIORARI No. 17SC113, Court of Appeals Case No. 14CA2087 James Edward Patton. No. 17SC590, Court of Appeals Case No. 10CA1476 Sandra L. Jacobson, JUSTICE GABRIEL would grant as to the following issue: Whether the court of appeals erred when it held the trial court did not need to instruct the jury on the statutory affirmative defense to DUI and DUI related offenses under C.R.S. 42-4-1301(2)(a) because it erroneously characterized the defense as an element negating traverse under the rationale of People Huckleberry, 768 P.2d 1235 (Colo. 1989) and People Pickering, 276 P.3d 553 (Colo. 2011). 6

No. 17SC811, Court of Appeals Case No. 15CA2004 Douglas Trent Burns, No. 17SC843, Court of Appeals Case No. 15CA471 Petitioner/Cross- Respondent/Cross- Terri Sue Potter. Petition and Cross- No. 17SC849, Court of Appeals Case No. 14CA1287 Alexander Joseph Donovan Martinez, 7

18SC132, Court of Appeals Case No. 14CA2479 Brandon D. Campbell, JUSTICE MÁRQUEZ and JUSTICE GABRIEL would grant as to the following issue: Whether the district court erroneously denied the petitioner s motion to suppress evidence of global positioning satellite (GPS) data, in violation of the petitioner's state and federal constitutional right against unreasonable search and seizure. No. 18SC226, Court of Appeals Case No. 17CA859 The City of Boulder, Colorado, Cody Taylor. JUSTICE BOATRIGHT would grant as to the following issue: Whether this court s longstanding rule from City & Cty. of Denver Gallegos, 916 P.2d 509 (Colo. 1996), that a public entity is immune from liability for injury resulting from a water meter pit located on private property, still applies following the 2003 amendment to the Colorado Governmental Immunity Act adding a definition of a public water facility. 8

18SC269, Court of Appeals Case No. 14CA477 Jesus Aguilar-Sanchez. No. 18SC277, Court of Appeals Case No. 15CA2081 Kenny Ray Sanchez, No. 18SC319, Court of Appeals Case No. 17CA212 CAW Equities, L.L.C., a Colorado limited liability company, City of Greenwood Village, Colorado, a home rule municipality. - No. 18SC328, Court of Appeals Case No. 2016CA2071 Concept Companies, LLC, a/k/a Concept Companies Ltd. Liability Co., a Colorado limited liability company, Crispin Paniagua Salas. 9

No. 18SC339, Court of Appeals Case No. 15CA1449 Kenneth Mackey, JUSTICE MÁRQUEZ and JUSTICE GABRIEL would grant as to the following issue: Whether the district court erroneously denied the petitioner s motion to suppress evidence of global positioning satellite (GPS) data in this matter, in violation of the petitioner s state and federal constitutional right against unreasonable search and seizure. No. 18SC375, Court of Appeals Case No. 12CA1546 Jordan Lee Ellis, No. 18SC589, Court of Appeals Case No. 17CA350 B. H., In the Interest of Minor Child: I. H., and Concerning Intervenors: S. H. and G. H. 10