Aug 30 10

ANNOUNCEMENTS
COLORADO SUPREME COURT

MONDAY, AUGUST 30, 2010
----------------------------------------------------------------
"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
NONE
----------------------------------------------------------------------
PETITIONS FOR REHEARING
NONE
----------------------------------------------------------------------
ANNOUNCEMENTS
----------------------------------------------------------------
PETITIONS FOR WRIT OF CERTIORARI
No. 09SC945
Court of Appeals Case No. 06CA1857
Petitioner:
Reynaldo Villa,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
JUSTICE BENDER would grant as to the following issues:
Whether the court of appeals erred in finding the district court did
not commit reversible error in admitting propensity evidence to
convict petitioner in violation of CRE 404(b); CRS section 16-10-301
and petitioner’s constitutional rights to due process and a fair
trial.
Whether the court of appeals erred in finding the district court did
not deny petitioner’s constitutional rights to confrontation when it
denied his motion to admit evidence of prior sexual conduct pursuant
to rape shield or CRE 404(b).
Whether the court of appeals erred in not finding petitioner’s trial

was fundamentally unfair and he was denied due process because section
18-3-407 CRS, the “rape shield” law, is facially unconstitutional and
unconstitutional as applied to petitioner.
Whether the Colorado Sex Offender Lifetime Supervision Act of 1998 is

unconstitutional.
----------------------------------------------------------------------
No. 09SC988
Petitioner:
Jody J. Morris,
v.
Respondents:
Jeffrey M. Wise, Michael E. Wise, and Terri A. Wise.
2
ANNOUNCEMENTS
----------------------------------------------------------------
----------------------------------------------------------------------
NO. 10SC12
Petitioner:
John Gordy,
v.
Respondents:
Mariner Health Care, Inc., a Delaware corporation; National Senior
Care, Inc., a Delaware corporation; and Living Centers-Rocky Mountain,
Inc., a Nevada corporation, d/b/a Red Rocks Health Care Center.
CHIEF JUSTICE MULLARKEY would grant as to the following issues:
Whether the court of appeals erred by creating a new element of

individual, subjective reliance as part of the Colorado Consumer
Protection Act’s (“CCPA”) causation requirement, and thus erroneously
reverse the jury’s causation finding on the grounds of insufficiency
of evidence of such individual, subjective reliance by Plaintiff.
Whether the court of appeals erred in holding that the damages awarded
by the jury for Plaintiff’s multiple claims are subject to a single
$250,000 Colorado Health Care Availability Act (“HCAA”) damages cap,
even though Plaintiff suffered multiple, distinct injuries from
multiple, distinct wrongful and intentional acts and the jury was
properly instructed not to award duplicate damages.
Should the court determine whether damages awarded under the CCPA are
capped by the HCAA in view of plaintiff’s severe disabilities and the
fact that the court of appeals failed to resolve this novel issue of
statewide import.
----------------------------------------------------------------------
3
ANNOUNCEMENTS
----------------------------------------------------------------
No. 10SC27
Petitioner:
Shane Aaron Neuhaus,
v.
Respondent:
Petition for Writ of Certiorari GRANTED. EN BANC.
Summary of Issues:
Whether the court of appeals erred in announcing a new rule

prohibiting conditional pleas in Colorado, thereby creating a split in
the court of appeals regarding the permissibility of conditional
pleas.
Assuming arquendo that conditional pleas are permitted in Colorado,

whether the district court reversibly erred in failing to suppress
evidence obtained in violation of petitioner’s state and federal
constitutional rights because the police lacked probable cause to
arrest petitioner and the search of his vehicle was illegal pursuant
to Arizona v. Gant, 129 S. Ct. 1710 (2009).
DENIED AS TO ALL OTHER ISSUES.

----------------------------------------------------------------------
No. 10SC33
Petitioner:
Adams County Board of County Commissioners,
v.
Respondents:
Aberdeen Investors, Inc.; and Colorado State Board of Assessment
Appeals.

----------------------------------------------------------------------
4
ANNOUNCEMENTS
----------------------------------------------------------------
No. 10SC37
Petitioner:
Makoto USA, Inc., a Colorado corporation,
v.
Respondents:
Paul R. Russell; Alysyn Hassenforder; and Inner Quests, Inc., a
Colorado corporation.

----------------------------------------------------------------------
No. 10SC83
Adams County District Court Case No. 09CV578
Petitioner:
Nicanor Sanchez-Martinez,
v.
Respondent:
Summary of Issues:
Whether the district court erroneously reversed the county court’s

order vacating the defendant’s conviction because his guilty plea was
unconstitutional.
Whether the district court erroneously held that the county court
could not address the constitutionality of the defendant’s guilty plea
because the issue was not raised by either party.
Whether the prosecution waived its right to claim lack of notice by

not raising the issue in the county court.

----------------------------------------------------------------------
5
ANNOUNCEMENTS
----------------------------------------------------------------
No. 10SC124
Petitioner:
Timothy Nicholls,
v.
Respondent:

----------------------------------------------------------------------
No. 10SC146
Petitioner:
The People of the State of Colorado,
v.
Respondent:
James Henry Hunter.
Summary of Issues:
Whether the court of appeals erred in its conclusion that, under

section 18-3-414.5(1)(a), C.R.S. (2009) the victim and the defendant
were not “strangers” based on the circumstances of this case.
Whether the court of appeals should have made sexually violent

predator findings on the alternate grounds that the defendant
“established or promoted a relationship” with the victim primarily for
the purpose of sexual victimization. Alternatively, whether the
appropriate remedy is to remand the case to the trial court for
further findings.
----------------------------------------------------------------------
6
ANNOUNCEMENTS
----------------------------------------------------------------
No. 10SC159
Petitioner/Cross-Respondent:
Judith Koenig,
v.
Respondent/Cross-Petitioner:
PurCo Fleet Services, Inc., a Utah corporation.
Petition and Cross-Petition for Writ of Certiorari GRANTED. EN BANC.
Summary of Issues:
Whether the court of appeals erred in interpreting a car rental

agreement permitting loss of use damages “regardless of fleet
utilization” as providing for such damages by proof of certain “loss
prerequisites.”
Whether the court of appeals erred in concluding that the measure of

damages for loss of use is net lost profits.

----------------------------------------------------------------------
No. 10SC215
Petitioner:
Francisco J. Galvan-Manriquez,
v.
Respondent:

----------------------------------------------------------------------
7
ANNOUNCEMENTS
----------------------------------------------------------------
No. 10SC220
Petitioners:
Roxy Huber, in her capacity as Executive Director of the Department of
Revenue, State of Colorado; the Colorado Department of Revenue; and
the State of Colorado,
v.
Respondents:
Colorado Mining Association; Twentymile Coal Company; Mountain Coal
Company, LLC; Colowyo Coal Company, L.P.; Oxbow Mining, LLC; Trapper
Mining Inc.; and Bowie Resources, LLC.
Summary of Issue:
Whether application of a statutory provision enacted before the

adoption of the Colorado Taxpayer Bill of Rights, Colo. Const. art. X,
section 20, which increases taxes based on an inflation adjustment
factor tethered to an external economic index, amounts to a “tax rate
increase” requiring statewide voter approval.

----------------------------------------------------------------------
No. 10SC225
Petitioner:
Jose Reyes Chavez,
v.
Respondent:

----------------------------------------------------------------------
8
ANNOUNCEMENTS
----------------------------------------------------------------
No. 10SC228
Petitioner:
Avsource Group,
v.
Respondents:
Industrial Claim Appeals Office of the State of Colorado; and Division
of Employment and Training, U.I. Tax Administration.
JUSTICE HOBBS does not participate.

----------------------------------------------------------------------
No. 10SC240
Petitioner:
William Bradley Eatchel,
v.
Respondent:

----------------------------------------------------------------------
No. 10SC243
Petitioner:
Lonnie Lee Randa,
v.
Respondent:

----------------------------------------------------------------------
9
ANNOUNCEMENTS
----------------------------------------------------------------
No. 10SC327
In re the Parental Responsibilities of

A.D., a Child,
Petitioner:
Lavern Davis,
and
Respondent:
Nicholas Rueda.
JUSTICE COATS and JUSTICE EID would grant as to the following issues:
Whether the court of appeals erred in holding that a parent-child

relationship can be established under the Uniform Parentage Act when
the party attempting to establish paternity stipulates that he is not
the biological father of the child.
Whether the court of appeals erred in holding that the presumption of

paternity contained in section 19-4-105(1)(d), C.R.S. (2009), was not
rebutted in the present case.
Whether the court of appeals erred in concluding that, since

Respondent was the “declared” parent of A.D., the biological mother’s
constitutional protections as a natural parent against claims for
custody by a non-parent were nullified.
----------------------------------------------------------------------
No. 10SC349
Petitioner:
The People of the State of Colorado,
and Concerning
S.M., Jr.,
v.
Respondents:
S.R.G. and S.M., Sr.

----------------------------------------------------------------------
10
ANNOUNCEMENTS
----------------------------------------------------------------
No. 10SC373
Petitioner/Cross-Respondent:
Town of Johnstown, Colorado, a Colorado home rule municipality,
v.
Respondents/Cross-Petitioners:
Ivar W. Larson and Donna M. Larson.
Petition and Cross-Petition for Writ of Certiorari DENIED. EN BANC.

----------------------------------------------------------------------
No. 10SC466
Petitioner:
K.M.T.,
v.
Respondent:
In the Interest of Minor Child:
A.T.

----------------------------------------------------------------------
11

Aug 30 10

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Aug 30 10

Uploaded by

Copyright:

Available Formats

ANNOUNCEMENTS

COLORADO SUPREME COURT

"Slip opinions" are the opinions delivered by the Supreme Court

Click on the case number to view the opinion in pdf format.

PETITIONS FOR REHEARING

Petition for Writ of Certiorari DENIED. EN BANC.

JUSTICE BENDER would grant as to the following issues:

Whether the court of appeals erred in not finding petitioner’s trial

Whether the Colorado Sex Offender Lifetime Supervision Act of 1998 is

Petition for Writ of Certiorari DENIED. EN BANC.

Petition for Writ of Certiorari DENIED. EN BANC.

CHIEF JUSTICE MULLARKEY would grant as to the following issues:

Whether the court of appeals erred by creating a new element of

Petition for Writ of Certiorari GRANTED. EN BANC.

Whether the court of appeals erred in announcing a new rule

Assuming arquendo that conditional pleas are permitted in Colorado,

DENIED AS TO ALL OTHER ISSUES.

Petition for Writ of Certiorari DENIED. EN BANC.

Petition for Writ of Certiorari DENIED. EN BANC.

Petition for Writ of Certiorari GRANTED. EN BANC.

Whether the district court erroneously reversed the county court’s

Whether the prosecution waived its right to claim lack of notice by

DENIED AS TO ALL OTHER ISSUES.

Petition for Writ of Certiorari DENIED. EN BANC.

Petition for Writ of Certiorari GRANTED. EN BANC.

Whether the court of appeals erred in its conclusion that, under

Whether the court of appeals should have made sexually violent

Petition and Cross-Petition for Writ of Certiorari GRANTED. EN BANC.

Whether the court of appeals erred in interpreting a car rental

Whether the court of appeals erred in concluding that the measure of

DENIED AS TO ALL OTHER ISSUES.

Petition for Writ of Certiorari DENIED. EN BANC.

Petition for Writ of Certiorari GRANTED. EN BANC.

Whether application of a statutory provision enacted before the

DENIED AS TO ALL OTHER ISSUES.

Petition for Writ of Certiorari DENIED. EN BANC.

Petition for Writ of Certiorari DENIED. EN BANC.

JUSTICE HOBBS does not participate.

Petition for Writ of Certiorari DENIED. EN BANC.

Petition for Writ of Certiorari DENIED. EN BANC.

In re the Parental Responsibilities of

Petition for Writ of Certiorari DENIED. EN BANC.

Whether the court of appeals erred in holding that a parent-child

Whether the court of appeals erred in holding that the presumption of

Whether the court of appeals erred in concluding that, since

Petition for Writ of Certiorari DENIED. EN BANC.

Petition and Cross-Petition for Writ of Certiorari DENIED. EN BANC.

Petition for Writ of Certiorari DENIED. EN BANC.

You might also like