CASE ANNOUNCEMENTS COLORADO SUPREME COURT TUESDAY, JANUARY 17, 2017 "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 2017 CO 2 Supreme Court Case No. 15SC752 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 12CA2607 The People of the State of Colorado, Pamela Kathleen Boyd. Judgment Affirmed en banc CHIEF JUSTICE RICE delivered the Opinion of the Court. JUSTICE EID dissents, and JUSTICE COATS and JUSTICE HOOD join in the dissent. 1
2017 CO 3 Supreme Court Case No. 14SC396 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 11CA1929 Petitioner/Cross- Brandi Jessica Russell, Respondent/Cross- Judgment Affirmed en banc CHIEF JUSTICE RICE delivered the Opinion of the Court. JUSTICE EID concurs in part and dissents in part, and JUSTICE COATS and JUSTICE HOOD join in the concurrence in part and dissent in part. 2017 CO 4 Supreme Court Case No. 15SC742 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 13CA2110 The People of the State of Colorado, Alexander L. Wolf. Judgment Affirmed en banc CHIEF JUSTICE RICE delivered the Opinion of the Court. JUSTICE EID dissents, and JUSTICE COATS and JUSTICE HOOD join in the dissent. 2
PETITIONS FOR REHEARING NONE GRANTED PETITIONS FOR WRIT OF CERTIORARI No. 16SC815, Court of Appeals Case No. 15CA1505 Petitioners: Keith Love and Shannon Love, Respondents: Mark Klosky and Carole Bishop. Petition for Writ of Certiorari GRANTED. EN BANC. [REFRAMED] Whether this court should overrule its decision in Rhodig Keck, 421 P.2d 729 (Colo. 1966). JUSTICE GABRIEL does not participate. DENIED PETITIONS FOR WRIT OF CERTIORARI No. 16SC167, Court of Appeals Case No. 13CA33 Ricky Donnell Wray, 3
No. 16SC263, Court of Appeals Case No. 12CA172 David Thomas Orton, JUSTICE MÁRQUEZ does not participate. No. 16SC358, Court of Appeals Case No. 14CA703 Thomas Van Story, No. 16SC431, Court of Appeal Case No. 12CA2380 Mark David Baertschy, No. 16SC437, Court of Appeals Case No. 12CA1939 Traci Lynn Adams, 4
No. 16SC472, Court of Appeals Case No. 14CA771 Ruben Garcia-Morales, No. 16SC473, Court of Appeals Case No. 14CA1449 Dennis Eugene Ertle, No. 16SC481, Court of Appeals Case No. 14CA1548 Jade Diego Maldonado, No. 16SC483, Court of Appeals Case No. 14CA242 Richard Kozel, JGS Properties, LLC, a Colorado limited liability company. 5
No. 16SC500, Court of Appeals Case No. 14CA2110 Aspen Legacy Holdings, LLC, Downtown Aspen Investments, LLC. No. 16SC577, Court of Appeals Case No. 15CA841 Ernesto A. Ramart, No. 16SC601, Court of Appeals Case No. 13CA2341 Wayne Allen Sater, No. 16SC609, Court of Appeals Case No. 13CA1930 Jawaun L. Ward, 6
No. 16SC611, Court of Appeals Case No. 13CA1914 Jorge Orozco, No. 16SC623, Court of Appeals Case No. 14CA561 The People of the State of Colorado, Shane A. Forbis. No. 16SC627, Court of Appeals Case No. 15CA114 Oussama Khribeche, Laurel A. Mintz. No. 16SC654, Court of Appeals Case No. 13CA1096 Brandon J. Carroll, 7
No. 16SC668, Court of Appeals Case No. 14CA1054 Keith March Ruhman, No. 16SC687, Court of Appeals Case No. 14CA1788 Lamar Atu Blackwell, No. 16SC690, Court of Appeals Case No. 13CA1341 Jeremy A. Beach, No. 16SC703, Court of Appeals Case No. 15CA1197 Keystone East, LLC, Deutsche Bank National Trust Company f/k/a Bankers Trust Company of California, NA, as Trustee for American Home Mortgage Investment Trust 2006-1. 8
No. 16SC704, Court of Appeals Case No. 15CA2088 Christopher Stoller, Arabian Horse Association. No. 16SC706, Chaffee County District Court Case No. 15CV5 John E. Grove, Buena Vista Sanitation District. No. 16SC729, Boulder County District Court Case No. 15CV31508 Juli Irene Rubin, No. 16SC732, Court of Appeals Case No. 15CA1620 Bernard Kenneth Rivers, Jr. -El, Respondents: Barbara H. Brohl, in her official capacity as Executive Director of the Colorado Department of Revenue and Colorado Department of Revenue. JUSTICE MÁRQUEZ does not participate. 9
No. 16SC734, Court of Appeals Case No. 13CA2043 Jarrett Cooper Stoner, No. 16SC735, Court of Appeals Case No. 14CA1605 Dandalow Gabriel Miles, No. 16SC742, Court of Appeals Case No. 16CA957 Patrick J. Delohery, Respondents: Industrial Claim Appeals Office and Laser Technology, Inc. No. 16SC749, Court of Appeals Case No. 14CA1009 Anthony M. Waller, 10
No. 16SC750, Court of Appeals Case No. 15CA1541 Patrick L. Strawmatt, No. 16SC751, Court of Appeals Case No. 14CA1032 Christopher A. Butler, No. 16SC765, Court of AppealsCase No. 14CA2260 Everet Karl Price, No. 16SC767, Court of Appeals Case No. 14CA199 Benjamin Phil Grigsby-Jensen, 11
No. 16SC770, Elbert County District Court Case No. 15CV7 Jerry Brumbaugh, No. 16SC775, Court of Appeals Case No. 15CA698 Reney Marie Farmer, No. 16SC786, Court of Appeals Case No. 14CA1251 Vincent M. Leon, No. 16SC788, Court of Appeals Case No. 14CA142 Christopher Gary Pearson, 12
No. 16SC799, Court of Appeals Case No. 12CA2381 Jammal L. Hopkins, No. 16SC808, District Court, City and County of Denver, Case No. 15CV33586 Jose Ponce-Martinez, No. 16SC809, Court of Appeals Case No. 16CA1221 Wanda Beliz, Loan Simple, Inc. a/k/a Ascent Home Loans; CitiMortgage, Inc.; Federal Home Loan Mortgage corporation; Malcolm & Cisneros, a law corporation; Karina Amaro; and Nathan F. Smith, Esq. No. 16SC816, Court of Appeal Case No. 15CA1613 Steve Galvez, 13
No. 16SC832, Court of Appeals Case No. 14CA2197 Andre Lovell Jackson, No. 16SC845, Court of Appeals Case No. 14CA1553 Donald M. Currier, No. 16SC946, Court of Appeals Case No. 16CA887 S.B., The People of the State of Colorado, In the Interest of the Minor Children: B.A. and S.A. 14