CASE ANNOUNCEMENTS COLORADO SUPREME COURT TUESDAY, MAY 29, 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 42 Supreme Court Case No. 15SC934 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 13CA1944 American Family Mutual Insurance Company, Respondents: Guillermo Barriga and Evelia Barriga. Judgment Affirmed en banc CHIEF JUSTICE RICE delivered the Opinion of the Court. 1
2018 CO 43 Supreme Court Case No. 17SC2 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 14CA2423 Guarantee Trust Life Insurance Company, an Illinois corporation, Respondents: The Estate of Michael Dean Casper, by and through Nick Casper, personal representative. Judgment Affirmed in Part and Reversed in Part en banc CHIEF JUSTICE RICE delivered the Opinion of the Court. 2
2018 CO 44 Supreme Court Case No. 17SA31 Certification of Question of Law United States District Court for the District of Colorado Case No. 15CV2560-WJM-MJW Plaintiff: Rooftop Restoration, Inc., a Colorado corporation, Defendant: American Family Mutual Insurance Company, a Wisconsin corporation. Certified Question Answered en banc CHIEF JUSTICE RICE delivered the Opinion of the Court. 3
2018 CO 45 Supreme Court Case No. 15SC630 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 12CA1936 Thomas B. Delage. Judgment Reversed en banc JUSTICE HART delivered the Opinion of the Court. JUSTICE GABRIEL does not participate. 4
GRANTED ORIGINAL PROCEEDING PURSUANT TO C.A.R. 21 18SA127, In Re Accetta Brooks Towers District Court, City and County of Denver, 17CV34787 Order to Show Cause issued on May 24, 2018 GRANTED PETITIONS FOR WRIT OF CERTIORARI 17SC830, Court of Appeals Case No. 15CA1920 Martin Castruita Espinoza. Petition for Writ of Certiorari GRANTED. EN BANC. Whether the court of appeals erred in finding that the defendant s ten attempted murder crime of violence convictions were based on identical evidence, and therefore not separate crimes of violence, where he committed a single volitional act, but each count named a different victim, and evidence was presented as to each victim. DENIED PETITIONS FOR WRIT OF CERTIORARI No. 17SC524, District Court, El Paso County Case No. 17CV30169 Trey Michael Franzoy. 5
No. 18SC25, Court of Appeals Case No. 16CA1472 In re the Marriage of Russell W. Andrews, and Penny Christensen. 18SC151, Court of Appeals Case No. 17CA322 Petitioners: Travelers Indemnity Company; Ethan Allen Retail Inc.; and Industrial Claims Appeals Office of the State of Colorado, Myra Montoya. 18SC167, Court of Appeals Case No. 16CA1149 Jory P. Miller, The People of the State of Colorado. JUSTICE MÁRQUEZ does not participate. 6
No. 18SC288, Court of Appeals Case No. 17CA1021 C. W., In the Interest of Minor Child: J. S. K.-W. No. 18SC289, Court of Appeals Case No. 17CA812 V. H., In the Interest of Minor Child: N. J. No. 18SC302, Court of Appeals Case No. 17CA996 C. L. L., In the Interest of Minor Child: R. S. L. 7
No. 18SC303, Court of Appeals Case No. 17CA1753 A. C., In the Interest of Minor Children: I. C., B. C., and D. C. 8