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

Similar documents
CASE ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, SEPTEMBER 10, 2018

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 44

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

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

CASE ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, OCTOBER 29, 2018

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

CASE ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, OCTOBER 15, 2018

ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, FEBRUARY 4, 2008

ANNOUNCEMENTS COLORADO SUPREME COURT TUESDAY, DECEMBER 2,

ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, APRIL 3, 2006

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

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

CASE ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, DECEMBER 10, 2018

CASE ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, MAY 1, 2017

CASE ANNOUNCEMENTS COLORADO SUPREME COURT TUESDAY, FEBRUARY 20, 2018

CASE ANNOUNCEMENTS COLORADO SUPREME COURT TUESDAY, JANUARY 22, 2019

ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, OCTOBER 17, 2005

CASE ANNOUNCEMENTS COLORADO SUPREME COURT TUESDAY, MAY 29, 2018

OPINIONS NONE PETITIONS FOR REHEARING NONE

2015 CO 37. No. 11SC554, Wilson v. People, and No. 11SC868, People v. Beaty Competency to Waive the Right to Counsel.

OPINIONS NONE PETITIONS FOR REHEARING

ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, FEBRUARY 8,

CASE ANNOUNCEMENTS COLORADO SUPREME COURT TUESDAY, JANUARY 17, 2017

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

CASE ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, NOVEMBER 5, 2018

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

ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, SEPTEMBER 12,

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

ANNOUNCEMENTS COLORADO SUPREME COURT. Monday, January 24, 2000

CASE ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, SEPTEMBER 17, 2018

CASE ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, JULY 30, 2018

ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, NOVEMBER 3, 2003

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

ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, AUGUST 1,

ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, MARCH 28,

CASE ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, APRIL 23, 2018

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

RULE CHANGE OPINIONS. The Supreme Court of the State of Colorado 2 East 14 th Avenue Denver, Colorado CO 36

OPINIONS NONE PETITIONS FOR REHEARING NONE

ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, AUGUST 15,

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

CASE ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, JUNE 11, 2018

CASE ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, MARCH 5, 2018

CASE ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, DECEMBER 3, 2018

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

OPINIONS NONE NONE

ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, SEPTEMBER 10, 2007

ANNOUNCEMENTS COLORADO SUPREME COURT. November 20, 2000

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

ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, JUNE 5, 2007

CASE ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, NOVEMBER 13, 2017

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

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

OPINIONS NONE PETITIONS FOR REHEARING

-1- ANNOUNCEMENTS Colorado Court of Appeals July 9, 2015

ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, APRIL 10, 2006

ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, MAY 16, 2005

OPINIONS. The Supreme Court of the State of Colorado 2016 CO 19. Supreme Court Case No. 15SC298 Certiorari to the Colorado Court of Appeals

ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, MARCH 14,

ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, JUNE 20,

For the Petitioner The People of the State of Colorado: John T. Lee, Assistant Attorney General Office of the Attorney General v.

CASE ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, JULY 3, 2017

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

ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, AUGUST 26, 2002

ANNOUNCEMENTS COLORADO COURT OF APPEALS February 3, 2005

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

ANNOUNCEMENTS COLORADO COURT OF APPEALS April 7, 2005

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

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

ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, DECEMBER 9, 2002

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

ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, AUGUST 27, 2007

ANNOUNCEMENTS COLORADO COURT OF APPEALS. August 24, 2000

2017 CO 60. Osvaldo Corrales-Castro pled guilty to criminal impersonation and received a

2017 CO 52. No. 14SC127, Estrada-Huerta v. People Life without parole Juveniles Eighth Amendment.

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

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

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

-1- ANNOUNCEMENTS Colorado Court of Appeals August 16, 2018

-1- ANNOUNCEMENTS Colorado Court of Appeals March 17, 2016

ANNOUNCEMENTS COLORADO COURT OF APPEALS September 9, 2004

The petitioner, Christopher Silva, seeks review of the court. of appeals holding that only one of his claims brought in a

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

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

CASE ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, JANUARY 14, 2019

ANNOUNCEMENTS COLORADO COURT OF APPEALS August 31, 2006

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

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

ANNOUNCEMENTS COLORADO COURT OF APPEALS. October 16, 2003

2017 CO 15. the influence ( DUI ) is a lesser included offense of either vehicular assault-dui or

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

ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, AUGUST 4,

ANNOUNCEMENTS COLORADO COURT OF APPEALS March 2, 2006

ANNOUNCEMENTS COLORADO COURT OF APPEALS September 15, 2005

ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, JULY 31, 2006

ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, AUGUST 3,

ANNOUNCEMENTS COLORADO COURT OF APPEALS. August 3, 2000

Transcription:

"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 Supreme Court of the State of Colorado 101 West Colfax Avenue, Suite 800 Denver, Colorado 80202 2012 CO 63 Supreme Court Case No. 10SC424 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 07CA902 Abraham Hagos, Judgment Affirmed en banc JUSTICE RICE delivered the Opinion of the Court. JUSTICE EID concurs in the judgment. JUSTICE COATS does not participate. -- 1

Supreme Court of the State of Colorado 101 West Colfax Avenue, Suite 800 Denver, Colorado 80202 2012 CO 64 Supreme Court Case No. 09SC846 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 08CA713 Henrietta Villarreal, Judgment Affirmed en banc JUSTICE RICE delivered the Opinion of the Court. JUSTICE EID concurs in the judgment, and JUSTICE COATS joins in the concurrence. -- 2

PETITIONS FOR REHEARING Supreme Court of the State of Colorado 101 West Colfax Avenue, Suite 800 Denver, Colorado 80202 2012 CO 60M Supreme Court Case No. 10SC617 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 07CA2255 The People of the State of Colorado, Charles Anthony Gross. Opinion modified, and as modified, Petition for Rehearing DENIED. EN BANC. -- 3

PETITIONS FOR WRIT OF CERTIORARI No. 11SC554 Court of Appeals Case No. 09CA1073 Douglas E. Wilson, Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issue: Whether, pursuant to Indiana Edwards, 554 U.S. 164 (2008), this court should adopt a standard of competency for pro se representation different than that established in Dusky United States, 362 U.S. 402 (1960). DENIED AS TO ALL OTHER ISSUES. ------- No. 11SC709 Court of Appeals Case No. 09CA2699 Oloyea D. Wallin, Respondents: Janene McCabe and Sean McDermott. CHIEF JUSTICE BENDER does not participate. JUSTICE MÁRQUEZ would grant as to the following issue: Whether the Colorado Court of Appeals erred in holding that the defendants-appellees of the county public defender office were state actors for protection of governmental immunity under the Colorado Governmental Immunity Act. ------- 4

No. 11SC819 Court of Appeals Case No. 09CA242 Jennifer Diane Harris, Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issue: Whether, pursuant to Indiana Edwards, 554 U.S. 164 (2008), this court should adopt a standard of competency for pro se representation different than that established in Dusky United States, 362 U.S. 402 (1960). DENIED AS TO ALL OTHER ISSUES. ------- 5

No. 11SC868 Court of Appeals Case No. 10CA742 William Beaty, Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issues: Whether, pursuant to Indiana Edwards, 554 U.S. 164 (2008), this court should adopt a standard of competency for pro se representation different than that established in Dusky United States, 362 U.S. 402 (1960). Whether the trial court also failed to substantially comply with this court s ruling in People Arguello, 772 P.2d 87 (Colo. 1989), where the petitioner evidenced significant mental illness, a lack of understanding of the nature of his defenses (including possible affirmative defenses) and a lack of understanding of the significance of instructions on defenses/affirmative defenses. DENIED AS TO ALL OTHER ISSUES. ------- No. 12SC112 Court of Appeals Case No. 10CA2044 James Ciric, ------- 6

No. 12SC180 Court of Appeals Case No. 11CA312 Colorado Special Districts Property and Liability Pool, Respondents: William S. Lyons, III; and William S. Lyons, Jr. ------- No. 12SC227 Court of Appeals Case No. 09CA2357 Tony Marcell Singleton, ------- No. 12SC229 Court of Appeals Case No. 08CA1226 Willie Leon McCoy, ------- 7

No. 12SC236 Court of Appeals Case No. 07CA1955 Petitioner/Cross- The People of the State of Colorado, Respondent/Cross- Rashaim Malique Davis. Petition and Cross-Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issues: Whether, pursuant to Indiana Edwards, 554 U.S. 164 (2008), this court should adopt a standard of competency for pro se representation different than that established in Dusky United States, 362 U.S. 402 (1960). Whether the defendant has a fundamental and personal constitutional right to seek to withdraw his guilty plea. Where the prosecution relied on the same quantum of drugs to support two convictions for distribution and possession, do double jeopardy and merger principles require that the possession conviction be vacated. DENIED AS TO ALL OTHER ISSUES. ------- No. 12SC260 Court of Appeals Case No. 11CA735 Christopher Malone, ------- 8

No. 12SC262 Court of Appeals Case No. 08CA1178 The People of the State of Colorado, Corey Dean Wagner. ------- No. 12SC265 Court of Appeals Case No. 11CA770 James Colombo, Respondents: Colorado Department of Revenue and J. Bachlet, a hearing officer thereof. ------- 9

No. 12SC276 Court of Appeals Case No. 09CA1949 Dallas Jeffrey Finney, Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issue: Whether the plain language of section 16-11-206(2), C.R.S. 2012, and the requirements of Crim. P. 11(b) require a court to advise a defendant of the possible penalties he faces upon a guilty plea to a revocation complaint. DENIED AS TO ALL OTHER ISSUES. ------- No. 12SC278 Court of Appeals Case No. 11CA830 Exempla, Inc., d/b/a/ Exempla Lutheran Medical Center, Estate of Salvadore Guido. JUSTICE EID does not participate. ------- 10

No. 12SC283 Court of Appeals Case No. 10CA383 Todd G. Vecellio, ------- No. 12SC285 Court of Appeals Case No. 09CA185 Eric Brandon Taylor, ------- No. 12SC330 Court of Appeals Case No. 10CA2530 P.W., ------- 11

No. 12SC332 Court of Appeals Case No. 10CA2600 Alejandro Hernandez-Torres, ------- No. 12SC365 Court of Appeals Case No. 11CA889 Petitioners: Richard Fay and Marilyn Fay, Respondents: City Council, City of Victor, Colorado; City of Victor, Colorado; Tami Mundy; Chris Mundy; and Christopher Lee Downs. ------- No. 12SC402 Court of Appeals Case No. 10CA2623 Dervin Leru Taylor, ------- 12

No. 12SC446 Court of Appeals Case No. 11CA368 Petitioners: Heidi Oster, individually and as a member of Horizon Women s Care Professional, LLC; and Horizon Women s Care Professional, LLC, a Colorado limited liability company, Judy Baack. ------- No. 12SC453 Court of Appeals Case No. 09CA1795 Robert Keith Hutton, ------- No. 12SC460 Court of Appeals Case No. 11CA811 Sammie Denson, ------- 13

No. 12SC464 Court of Appeals Case No. 10CA2614 Felix Dino Trujillo, ------- No. 12SC466 Court of Appeals Case No. 10CA385 Blake Wayne Burnett, ------- No. 12SC468 Court of Appeals Case No. 09CA958 Lacie Dawn Nelson, ------- 14

No. 12SC470 Court of Appeals Case No. 11CA178 Gabriel Guzman-Torres, ------- No. 12SC471 Court of Appeals Case No. 09CA2248 Adam Jason Booker, ------- No. 12SC472 Court of Appeals Case No. 11CA1445 Kirk Hurd, ------- 15

No. 12SC473 Court of Appeals Case No. 11CA407 David Howard Isberg, JUSTICE MÁRQUEZ does not participate. ------- No. 12SC475 Court of Appeals Case No. 08CA1328 Kevin Todd Tanner, ------- No. 12SC477 Court of Appeals Case No. 06CA1761 Curtis Gordon Adams, ------- 16

No. 12SC478 Court of Appeals Case No. 06CA1762 Curtis Gordon Adams, ------- No. 12SC483 Court of Appeals Case No. 09CA2353 Silvanna Guerra, ------- No. 12SC484 Court of Appeals Case No. 10CA836 Edgar Linton Tucker, ------- 17

No. 12SC486 Court of Appeals Case No. 09CA2684 Theresa Ann Rohan, ------- No. 12SC487 Court of Appeals Case No. 09CA2582 Armando Valle-Santana, ------- No. 12SC489 Court of Appeals Case No. 12CA82 In re the Marriage of: Larysa P. Slabeika, and Siarhei Slabeika. ------- 18

No. 12SC491 Court of Appeals Case No. 11CA1557 Dominick Joseph Romero, ------- No. 12SC492 Court of Appeals Case No. 10CA1730 Robert Darus Black, ------- No. 12SC495 Court of Appeals Case No. 09CA1584 Jesus M. Dominguez, ------- 19

No. 12SC508 Court of Appeals Case No. 11CA278 In re the Marriage of: Dana Rochee Davis, and Mark Jerome Boykins, and concerning Minor Child, J.E.D. ------- No. 12SC514 Court of Appeals Case No. 11CA1905 Lawrence Kubacki, ------- No. 12SC519 Court of Appeals Case No. 11CA299 Michael William Hunter, ------- 20

No. 12SC734 Court of Appeals Case No. 11CA1585 T.R.G., The People of the State of Colorado, In the Interest of Minor Child, S.R.G. ------- 21