Colorado Supreme Court Decisions 2011
Date: December 19, 2011
Docket Number: 09SC1054
Justia Opinion Summary: Defendant Anthony Riley challenged the court of appeals' affirmance of his convictions for attempted reckless manslaughter, reckless second degree assault, and a crime of violence sentence enhancer. Defendant was charged…
Date: December 19, 2011
Docket Numbers: 09SC665, 09SC1043
Justia Opinion Summary: Colorado’s sexual assault statutes authorize the possibility of greater punishments for sexual crimes against children that are committed "as a part of a pattern of sexual abuse." Two cases, "Colorado v. Simon" and…
Date: December 19, 2011
Docket Number: 10SA224
Justia Opinion Summary: This appeal came from a judgment and decree of the water court and the Alamosa County District Court in two consolidated cases. The combination of the two involved an amended plan for water management adopted by Special…
Date: December 19, 2011
Docket Number: 10SC703
Justia Opinion Summary: In this appeal, the Supreme Court reviewed the court of appeals' determination that Thomas Banner's assignment of his voting rights and right to receive distributions to Plaintiff Elizabeth Condo was ineffective because…
Date: December 12, 2011
Docket Number: 10SA191
Justia Opinion Summary: The issue before the Supreme Court involved orders of the District Court for Water Division No. 2 regarding the administration of water on Alvarado Creek in Custer County. Applicants-Appellants Catherine and Peter…
Date: December 12, 2011
Docket Numbers: 10SA379, 11SA197
Justia Opinion Summary: In this joint opinion, the Supreme Court addressed two direct appeals from the same water court proceedings. Meridian Service Metropolitan District's motion to intervene in a declaratory judgment action between Cherokee…
Date: December 12, 2011
Docket Number: 10SC281
Justia Opinion Summary: Petitioner Monica Vickery sought review of the court of appeals' judgment that affirmed a district court's reduction of exemplary damages in her defamation suit against the mother and sister of her deceased husband in…
Date: December 12, 2011
Docket Number: 10SC711
Justia Opinion Summary: The issue before the Supreme Court was whether a claim under Colorado law for civil theft of a copyrightable work required a trial court to instruct the jury on principles of federal copyright law. Petitioner Steward…
Date: December 12, 2011
Docket Number: 11SA231
Justia Opinion Summary: The State brought an interlocutory appeal to challenge a district court's suppression of evidence seized from the trunk of the Defendant Brittney Coates' vehicle. Upon discovering a bindle and single prescription pill in…
Date: November 15, 2011
Docket Number: 11SA282
Date: November 7, 2011
Docket Number: 10SA373
Justia Opinion Summary: This case arose from a pending medical malpractice case from the Denver district court. Plaintiff Ernest Ortega sued Defendants Dr. David Lieuwen and Kaiser Foundation Health Plan of Colorado (Kaiser) alleging negligent…
Date: November 7, 2011
Docket Number: 11SA66
Justia Opinion Summary: At issue before the Supreme Court was whether a trial court's order that granted Defendant Wal-Mart Stores a new trial based on a purportedly untimely disclosure and a jury verdict that allegedly was not supported by the…
Date: October 31, 2011
Docket Number: 09SC1080
Justia Opinion Summary: Consumers brought a class action against ten automobile dealerships operating under the "Medved" name and their owner John Medved, alleging violations of the Colorado Consumer Protection Act (CCPA). Plaintiffs alleged…
Date: October 31, 2011
Docket Number: 09SC668
Justia Opinion Summary: The issue on appeal to the Supreme Court in this case pertained to the standards a trial court applies when it decides whether to certify a class pursuant to C.R.C.P. 23. The Supreme Court reversed the court of appeals'…
Date: October 31, 2011
Docket Number: 10SC214
Justia Opinion Summary: In 2003, Plaintiffs filed a class action alleging that Defendant BP America Production Company (BP) improperly deducted postproduction costs from royalty payments due between January 1986 and December 1997. To toll the…
Date: October 31, 2011
Docket Number: 10SC220
Justia Opinion Summary: The issue on appeal to the Supreme Court was whether the Court of Appeals' ruling that the Article X, Section 20 of the Colorado Constitution (Amendment 1) required statewide voter approval each time the Colorado…
Date: October 31, 2011
Docket Number: 10SC77
Justia Opinion Summary: The class certification issue presented in this case arose from a dispute concerning the payment of medical bills under the Colorado Automobile Accident Reparations Act (No-Fault Act). Plaintiffs Pauline Reyher and Dr.…
Date: October 24, 2011
Docket Number: 08SC945
Justia Opinion Summary: The State petitioned the Supreme Court for review of an appellate court's judgment that affirmed two in limine evidentiary rulings in a prosecution for sexual assault on a child by one in a position of trust. The…
Date: October 17, 2011
Docket Number: 10SC330
Justia Opinion Summary: The Supreme Court reviewed a judge disqualification issue raised by the appellate court's decision to reverse and remand an order that terminated the parental rights of Respondent, C.M. (Mother). In its review of the…
Date: September 12, 2011
Docket Number: 09SC252
Justia Opinion Summary: Defendant Gerald Lewis appealed his convictions and sentences for a number of offenses including three counts each of kidnapping and sexually assaulting his kidnap victims. The trial court sentenced Defendant for sexual…
Date: September 12, 2011
Docket Number: 10SC104
Justia Opinion Summary: The juvenile court found that Respondent J.L.B. (Father) had abandoned A.B. (Child) and that therefore the Child was available for adoption by Petitioner D.P.H. (Stepfather). The juvenile court also determined that the…
Date: September 12, 2011
Docket Number: 10SC275
Justia Opinion Summary: In this case, the District Court for Jefferson County dismissed a condemnation petition for a private way of necessity because the developer of the allegedly landlocked parcel did not sufficiently define the scope of and…
Date: September 12, 2011
Docket Number: 10SC446
Justia Opinion Summary: The State appealed the reversal of Respondent Jerad Pickering's conviction for reckless manslaughter. The court of appeals held that the trial court's self-defense jury instructions impermissibly shifted the burden of…
Date: June 27, 2011
Docket Number: 08SC333
Justia Opinion Summary: Both Defendant Tremaine Speer and the State challenged the Court of Appeals' judgment that reversed Defendant's conviction for attempted aggravated robbery. The State contended that the district court erred by denying…
Date: June 27, 2011
Docket Number: 09SA352
Justia Opinion Summary: In 2006, the Upper Yampa Water Conservancy District (District) filed an application for absolute water rights, based on their conditional water rights on "Four Counties Ditch Number 3." The State Engineers opposed the…
Date: June 27, 2011
Docket Number: 09SC808
Justia Opinion Summary: In 2009, the Court of Appeals reversed Defendant Gonzalo Santana's conviction for distribution of a controlled substance, concluding that the prosecution had violated his constitutional rights by shifting the burden of…
Date: June 27, 2011
Docket Number: 09SC989
Justia Opinion Summary: At issue in this case was a child custody dispute between a divorced mother and father. The child lived in Colorado with her mother. The father, who lived in Nebraska, filed a custody action in Nebraska. A Nebraska…
Date: June 27, 2011
Docket Number: 09SC990
Justia Opinion Summary: In 2006, a jury convicted David Wood of manslaughter for fatally shooting someone in his apartment during a drug transaction. On direct appeal to the Supreme Court, Defendant argued that the trial court erred in denying…
Date: June 27, 2011
Docket Number: 10SA374
Justia Opinion Summary: A discovery dispute arose out of claims for legal malpractice and breach of fiduciary duty brought by Moreland/Manoogian, LLC and Tamsen Investments, LLC (collectively "M/M"). Richard Judd, Stephen Waters and their firm…
Date: June 27, 2011
Docket Number: 11SA80
Justia Opinion Summary: At issue in this case was a child custody dispute between a divorced mother and father. The children lived in Colorado with their mother and step-father. The father, who lived in New York, filed a custody action in New…
Date: June 20, 2011
Docket Number: 10SC39
Justia Opinion Summary: In June 2002, Codiejo Apodaca and her stepsister (the Insureds) were injured in an automobile accident. At the time of the accident, the Insureds were covered as resident relatives under an auto policy and a personal…
Date: June 20, 2011
Docket Number: 10SC94
Justia Opinion Summary: The Denver Post and its reporter Karen Crummy (the Post) requested access to Governor Bill Ritter's cell phone billing statements under the Colorado Open Records Act (CORA). The Governor provided access to cell phone…
Date: June 6, 2011
Docket Number: 09SC1011
Justia Opinion Summary: Respondent Michael Strauch was stabbed by an intoxicated person outside of Eden Nightclub on New Year's Eve. Eden is owned by Petitioner Build It and They Will Drink, Inc. (Build It). Mr. Strauch filed a number of claims…
Date: June 6, 2011
Docket Number: 09SC375
Justia Opinion Summary: Colorado state law makes it a felony for a person to have unlawful sexual contact with a child while occupying a "position of trust." Petitioner Mark Pellman appealed an order of the Court of Appeals that found that he…
Date: June 6, 2011
Docket Number: 09SC963
Justia Opinion Summary: Petitioner Timothy Gognat appealed an appellate court's decision that awarded summary judgment to Respondent Chet Ellsworth, Steven Smith and MSD Energy, Inc. In his suit, Mr. Gognat alleged that Respondents…
Date: June 6, 2011
Docket Number: 10SA234
Justia Opinion Summary: Plaintiffs Steven Thomas and Thomas Properties, Inc. brought a contract-related claim against New Frontier Bank. The Bank had been placed in receivership. Defendant Federal Deposit Insurance Corporation (FDIC), in its…
Date: June 6, 2011
Docket Number: 10SA396
Justia Opinion Summary: Plaintiff-Appellant The State of Colorado appealed a district court order that suppressed test results performed on blood drawn from Defendant-Appellee Joshua Smith following a car accident. Police suspected Defendant…
Date: May 31, 2011
Docket Number: 09SA133
Justia Opinion Summary: Burlington Ditch, Reservoir & Land Company (Burlington) and Farmers Reservoir and Irrigation Company (FRICO) filed applications to change its 1885, 1908 and 1909 water rights. The changes to Burlington and FRICO's rights…
Date: May 31, 2011
Docket Number: 09SC627
Justia Opinion Summary: Petitioner Lucht's Concrete Pumping sought to enforce a non-compete agreement signed by Respondent Tracy Horner, a former at-will employee. Because Mr. Horner was an at-will employee at the time he signed the agreement,…
Date: May 31, 2011
Docket Number: 09SC652
Justia Opinion Summary: Petitioner Terry Townsend unsuccessfully appealed his conviction on escape charges. The terms of Petitioner's probation mandated he participate in an "intensive supervision program." When he failed to participate, his…
Date: May 31, 2011
Docket Number: 09SC879
Justia Opinion Summary: Petitioner Loretta Day was referred to Respondent Dr. Bruce Johnson, M.D., for treatment for hypothyroidism. Dr. Johnson determined that surgery was needed to remove both lobes of the thyroid. A few weeks later, Mrs.…
Date: May 31, 2011
Docket Number: 10SA361
Justia Opinion Summary: The State appealed a trial court order that suppressed statements made by Defendant Wayne Klinck during his initial interview by police. Responding to a domestic disturbance report, police arrived at Defendant's…
Date: May 23, 2011
Docket Number: 09SC534
Justia Opinion Summary: Respondent and former employee Andrew Blood suffered severe and permanent injuries while working on a wood utility pole owned by Petitioner Qwest Services Corporation (Qwest). Blood sued Qwest for negligence, asserting…
Date: May 23, 2011
Docket Number: 09SC697
Justia Opinion Summary: Citizens for Responsible Growth (Citizens) challenged Elbert County's approval of RCI Development Partners, Inc.'s (RCI) land-use applications. The Board of Commissioners (Board) approved RCI's applications by an oral…
Date: May 16, 2011
Docket Number: 09SC224
Justia Opinion Summary: In this case, two bail-bonds agents were charged with second-degree burglary and felony menacing in pursuit of an alleged “bail jumper.” On appeal, Defendants Jason Oram and Devon Weinstein challenged the sufficiency of…
Date: May 16, 2011
Docket Number: 09SC527
Justia Opinion Summary: Respondent Lincoln General Insurance Company’s insured drove a rental car under the influence of methamphetamines, and led police on a high-sped car chase that ended when he struck a vehicle containing Petitioner Julie…
Date: May 16, 2011
Docket Number: 10SA22
Justia Opinion Summary: In 2009, Defendant Cirilo Gonzalez-Zamora was arrested for an open container violation in Palm Beach, Florida. A warrant check by local police revealed an outstanding arrest warrant for murder in Colorado for “Cirilo…
Date: May 9, 2011
Docket Number: 09SC263
Justia Opinion Summary: The Supreme Court reviewed the appellate court’s decision against Plaintiffs Jack and Danette Steele. In their claim, Plaintiffs alleged that attorney Katherine Allen gave them incorrect information about a statute of…
Date: May 9, 2011
Docket Number: 09SC781
Justia Opinion Summary: At trial, a jury found that Defendant Holly Pippin was not negligent in causing an accident in which her car hit that of the Plaintiff, Cheryl Kendrick. The main issue at trial was whether the driving conditions on the…
Date: May 9, 2011
Docket Number: 10SC83
Justia Opinion Summary: The district court reversed the county court’s order to vacate Petitioner Nicanor Sanchez-Martinez’s guilty plea to third degree assault as “unknowing, involuntary and unintelligent.” Petitioner appeared pro se before…
Date: April 25, 2011
Docket Number: 09SC840
Justia Opinion Summary: South Fork Water and Sanitation District (District) petitioned for a declaratory judgment to prevent the Town of South Fork (Town) from acquiring water rights and water systems to serve its residents. A significant…
Date: April 25, 2011
Docket Number: 10SA341
Justia Opinion Summary: The trial court ruling at issue in this case arises out of post-conviction proceedings following the imposition of the death sentence for Robert Ray. Ray was convicted of first degree murder for killing Javad…
Date: April 25, 2011
Docket Number: 10SA367
Justia Opinion Summary: Early in the morning on October, 2009, Pueblo police received a 9-1-1 call from an unidentified caller who asked for assistance on “2143 East Thirteenth Street.” When officers arrived, they discovered there was no such…
Date: April 11, 2011
Docket Number: 09SA118
Date: March 21, 2011
Docket Number: 09SC483
Date: March 14, 2011
Docket Number: 09SA374
Date: February 7, 2011
Docket Number: 09SA337
Date: January 18, 2011
Docket Number: 09SC62
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