Announcements Colorado Supreme Court Monday, November 23, 2009
This document was uploaded by user and they confirmed that they have the permission to share it. If you are author or own the copyright of this book, please report to us by using this DMCA report form. Report DMCA
Overview
Download & View Announcements Colorado Supreme Court Monday, November 23, 2009 as PDF for free.
More details
- Words: 1,062
- Pages: 7
ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, NOVEMBER 23, 2009 ---------------------------------------------------------------"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, STATE OF COLORADO Two East 14th Avenue Denver, Colorado 80203
Case No. 08SA224
Appeal from the District Court Water Division 1, Case Nos. 03CW99 & 03CW177 Honorable Roger A. Klein, Judge Concerning the Application for Water Rights of Well Augmentation Subdistrict of the Central Colorado Water Conservancy District and South Platte Well Users Association in Adams, Morgan and Weld Counties. Applicants-Appellants: Well Augmentation Subdistrict of the Central Colorado Water Conservancy District and South Platte Well Users Association, v. Opposers-Appellees: City of Aurora; Bijou Irrigation Company; Bijou Irrigation District; City of Boulder; Centennial Water and Sanitation District; Pawnee Well Users Inc.; Cache La Poudre Water Users Association; Lower Latham Reservoir Company; New Cache La Poudre Irrigating Company; City of Black Hawk; City and County of Denver; Ducommun Business Trust; City of Sterling; East Cherry Creek Valley Water and Sanitation; Public Service Company of Colorado; City of Englewood; Fort Morgan Reservoir; Jackson Lake Reservoir; The Farmers Reservoir and Irrigation Company; United Water and Sanitation District; City of Greeley; Harmony Ditch Company; Irrigationists’ Association; Lupton Ditch Co. & Lupton Meadows Ditch Co.; North Poudre Irrigation Company; Riverside Irrigation District; Riverside Reservoir & Land Company; South Adams County Water & Sanitation District; State & Division Engineers; The Henrylyn Irrigation District; City of 1
ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, NOVEMBER 23, 2009 ---------------------------------------------------------------Thornton; Westfarm LLC; City of Westminster; and Greeley Irrigation Company, and Appellee Pursuant to C.A.R. 1(e): James Hall, Division Engineer for Water Division No. 1. JUDGMENT AFFIRMED IN PART AND REVERSED IN PART EN BANC JUSTICE MARTINEZ delivered the Opinion of the Court. JUSTICE COATS concurs in part and dissents in part. JUSTICE EID does not participate.
-------------------------------------------------------------------
2
ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, NOVEMBER 23, 2009 ---------------------------------------------------------------PETITIONS FOR REHEARING SUPREME COURT, STATE OF COLORADO Two East 14th Avenue Denver, Colorado 80203
Case No. 08SA354
Appeal from the District Court Water Division 7, Case No. 04CW085 Honorable Gregory G. Lyman, Judge
Concerning the Application for Water Rights of the Pagosa Area Water and Sanitation District and the San Juan Water Conservancy District in the San Juan River and its Tributaries in Archuleta County. Applicants-Appellees: Pagosa Area Water and Sanitation District and San Juan Water Conservancy District, v. Opposer-Appellant: Trout Unlimited, and Appellees pursuant to C.A.R. 1(e): Dick Wolfe, State Engineer and Rege Leach, Division 7 Water Engineer.
Opinion modified, and as modified, Petition for Rehearing DENIED. EN BANC.
----------------------------------------------------------------------
3
ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, NOVEMBER 23, 2009 ---------------------------------------------------------------SUPREME COURT, STATE OF COLORADO Two East 14th Avenue Denver, Colorado 80203
Case No. 08SC378
Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 06CA532 Petitioner: Charles M. Krutsinger, v. Respondent: The People of the State of Colorado. Petition for Rehearing DENIED.
EN BANC.
----------------------------------------------------------------------
4
ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, NOVEMBER 23, 2009 ---------------------------------------------------------------PETITIONS FOR WRIT OF CERTIORARI No. 09SC194 Court of Appeals Case No. 07CA2302 Petitioner: Karyn S. Palgut, v. Respondent: City of Colorado Springs, State of Colorado. Petition for Writ of Certiorari DENIED.
EN BANC.
JUSTICE MARTINEZ would grant as to the following issue: Whether, as it was the intention of the General Assembly in enacting the Colorado Open Records Act (“CORA”) that public records be open for inspection unless a specific exception applies, the court of appeals erred by broadly construing the CORA exception “when such inspection is prohibited…by the order of any court” to allow inspection of public records to be denied based on a civil discovery order which (a) does not specifically “prohibit” inspection, and (b) which incorporates standards for disclosure or production of materials, such as relevance to the litigation, which are not valid grounds for denying inspection of records under CORA. ---------------------------------------------------------------------No. 09SC325 Court of Appeals Case No. 08CA301 Petitioner: Gomcindo DeHerrera, v. Respondent: American Family Mutual Insurance Company. Petition for Writ of Certiorari DENIED. EN BANC. ----------------------------------------------------------------------
5
ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, NOVEMBER 23, 2009 ---------------------------------------------------------------No. 09SC450 Court of Appeals Case No. 07CA1646 Petitioner: The People of the State of Colorado, v. Respondent: Gerardo Joel Delacruz. Petition for Writ of Certiorari DENIED.
EN BANC.
CHIEF JUSTICE MULLARKEY and JUSTICE RICE would grant as to the following issue: Whether prospective jurors expressed bias by raising their hands in response to a voir dire question and, if so, whether the court of appeals erred in holding that the trial court abused its discretion in denying challenges to those prospective jurors for cause. ---------------------------------------------------------------------No. 09SC553 Court of Appeals Case Nos. 06CA2630 & 07CA1961 Petitioner: John Arthur Debella, v. Respondent: The People of the State of Colorado. Petition for Writ of Certiorari GRANTED.
EN BANC.
Summary of Issue: Whether the court of appeals erred in concluding the trial court did not commit reversible error by permitting the jury – over defense objection and without a request from the jury – to review during deliberations an ex parte videotaped interview of the victim without limiting the jury’s use of the videotape and without instructing the jury not to place undue emphasis on the videotape. DENIED AS TO ALL OTHER ISSUES. JUSTICE BENDER does not participate. ----------------------------------------------------------------------
6
ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, NOVEMBER 23, 2009 ---------------------------------------------------------------No. 09SC639 Court of Appeals Case No. 08CA2086 Petitioner: Jamie Shane Atencio, v. Respondent: The People of the State of Colorado. Petition for Writ of Certiorari DENIED.
EN BANC.
CHIEF JUSTICE MULLARKEY would grant as to the following issue: Where a person has been adjudicated guilty of more than one charge of unlawful sexual behavior, must those charges have been adjudicated in separate cases to qualify as “more than one conviction” under subsection 16-22-113(3)(c). ---------------------------------------------------------------------No. 09SC847 Court of Appeals Case No. 09CA998 Petitioner: N.U., v. Respondent: The People of the State of Colorado. In the Interest of Minor Children: C.C. and M.C.-U. Petition for Writ of Certiorari DENIED. EN BANC. ---------------------------------------------------------------------No. 09SC851 Court of Appeals Case No. 09CA1869 Petitioner: United Fire Group, as Subrogee of Metamorphosis Salon, v. Respondent: Gary J. Powers, d/b/a Powers Electric, Inc. Petition for Writ of Certiorari DENIED. EN BANC. ----------------------------------------------------------------------
7
Case No. 08SA224
Appeal from the District Court Water Division 1, Case Nos. 03CW99 & 03CW177 Honorable Roger A. Klein, Judge Concerning the Application for Water Rights of Well Augmentation Subdistrict of the Central Colorado Water Conservancy District and South Platte Well Users Association in Adams, Morgan and Weld Counties. Applicants-Appellants: Well Augmentation Subdistrict of the Central Colorado Water Conservancy District and South Platte Well Users Association, v. Opposers-Appellees: City of Aurora; Bijou Irrigation Company; Bijou Irrigation District; City of Boulder; Centennial Water and Sanitation District; Pawnee Well Users Inc.; Cache La Poudre Water Users Association; Lower Latham Reservoir Company; New Cache La Poudre Irrigating Company; City of Black Hawk; City and County of Denver; Ducommun Business Trust; City of Sterling; East Cherry Creek Valley Water and Sanitation; Public Service Company of Colorado; City of Englewood; Fort Morgan Reservoir; Jackson Lake Reservoir; The Farmers Reservoir and Irrigation Company; United Water and Sanitation District; City of Greeley; Harmony Ditch Company; Irrigationists’ Association; Lupton Ditch Co. & Lupton Meadows Ditch Co.; North Poudre Irrigation Company; Riverside Irrigation District; Riverside Reservoir & Land Company; South Adams County Water & Sanitation District; State & Division Engineers; The Henrylyn Irrigation District; City of 1
ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, NOVEMBER 23, 2009 ---------------------------------------------------------------Thornton; Westfarm LLC; City of Westminster; and Greeley Irrigation Company, and Appellee Pursuant to C.A.R. 1(e): James Hall, Division Engineer for Water Division No. 1. JUDGMENT AFFIRMED IN PART AND REVERSED IN PART EN BANC JUSTICE MARTINEZ delivered the Opinion of the Court. JUSTICE COATS concurs in part and dissents in part. JUSTICE EID does not participate.
-------------------------------------------------------------------
2
ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, NOVEMBER 23, 2009 ---------------------------------------------------------------PETITIONS FOR REHEARING SUPREME COURT, STATE OF COLORADO Two East 14th Avenue Denver, Colorado 80203
Case No. 08SA354
Appeal from the District Court Water Division 7, Case No. 04CW085 Honorable Gregory G. Lyman, Judge
Concerning the Application for Water Rights of the Pagosa Area Water and Sanitation District and the San Juan Water Conservancy District in the San Juan River and its Tributaries in Archuleta County. Applicants-Appellees: Pagosa Area Water and Sanitation District and San Juan Water Conservancy District, v. Opposer-Appellant: Trout Unlimited, and Appellees pursuant to C.A.R. 1(e): Dick Wolfe, State Engineer and Rege Leach, Division 7 Water Engineer.
Opinion modified, and as modified, Petition for Rehearing DENIED. EN BANC.
----------------------------------------------------------------------
3
ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, NOVEMBER 23, 2009 ---------------------------------------------------------------SUPREME COURT, STATE OF COLORADO Two East 14th Avenue Denver, Colorado 80203
Case No. 08SC378
Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 06CA532 Petitioner: Charles M. Krutsinger, v. Respondent: The People of the State of Colorado. Petition for Rehearing DENIED.
EN BANC.
----------------------------------------------------------------------
4
ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, NOVEMBER 23, 2009 ---------------------------------------------------------------PETITIONS FOR WRIT OF CERTIORARI No. 09SC194 Court of Appeals Case No. 07CA2302 Petitioner: Karyn S. Palgut, v. Respondent: City of Colorado Springs, State of Colorado. Petition for Writ of Certiorari DENIED.
EN BANC.
JUSTICE MARTINEZ would grant as to the following issue: Whether, as it was the intention of the General Assembly in enacting the Colorado Open Records Act (“CORA”) that public records be open for inspection unless a specific exception applies, the court of appeals erred by broadly construing the CORA exception “when such inspection is prohibited…by the order of any court” to allow inspection of public records to be denied based on a civil discovery order which (a) does not specifically “prohibit” inspection, and (b) which incorporates standards for disclosure or production of materials, such as relevance to the litigation, which are not valid grounds for denying inspection of records under CORA. ---------------------------------------------------------------------No. 09SC325 Court of Appeals Case No. 08CA301 Petitioner: Gomcindo DeHerrera, v. Respondent: American Family Mutual Insurance Company. Petition for Writ of Certiorari DENIED. EN BANC. ----------------------------------------------------------------------
5
ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, NOVEMBER 23, 2009 ---------------------------------------------------------------No. 09SC450 Court of Appeals Case No. 07CA1646 Petitioner: The People of the State of Colorado, v. Respondent: Gerardo Joel Delacruz. Petition for Writ of Certiorari DENIED.
EN BANC.
CHIEF JUSTICE MULLARKEY and JUSTICE RICE would grant as to the following issue: Whether prospective jurors expressed bias by raising their hands in response to a voir dire question and, if so, whether the court of appeals erred in holding that the trial court abused its discretion in denying challenges to those prospective jurors for cause. ---------------------------------------------------------------------No. 09SC553 Court of Appeals Case Nos. 06CA2630 & 07CA1961 Petitioner: John Arthur Debella, v. Respondent: The People of the State of Colorado. Petition for Writ of Certiorari GRANTED.
EN BANC.
Summary of Issue: Whether the court of appeals erred in concluding the trial court did not commit reversible error by permitting the jury – over defense objection and without a request from the jury – to review during deliberations an ex parte videotaped interview of the victim without limiting the jury’s use of the videotape and without instructing the jury not to place undue emphasis on the videotape. DENIED AS TO ALL OTHER ISSUES. JUSTICE BENDER does not participate. ----------------------------------------------------------------------
6
ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, NOVEMBER 23, 2009 ---------------------------------------------------------------No. 09SC639 Court of Appeals Case No. 08CA2086 Petitioner: Jamie Shane Atencio, v. Respondent: The People of the State of Colorado. Petition for Writ of Certiorari DENIED.
EN BANC.
CHIEF JUSTICE MULLARKEY would grant as to the following issue: Where a person has been adjudicated guilty of more than one charge of unlawful sexual behavior, must those charges have been adjudicated in separate cases to qualify as “more than one conviction” under subsection 16-22-113(3)(c). ---------------------------------------------------------------------No. 09SC847 Court of Appeals Case No. 09CA998 Petitioner: N.U., v. Respondent: The People of the State of Colorado. In the Interest of Minor Children: C.C. and M.C.-U. Petition for Writ of Certiorari DENIED. EN BANC. ---------------------------------------------------------------------No. 09SC851 Court of Appeals Case No. 09CA1869 Petitioner: United Fire Group, as Subrogee of Metamorphosis Salon, v. Respondent: Gary J. Powers, d/b/a Powers Electric, Inc. Petition for Writ of Certiorari DENIED. EN BANC. ----------------------------------------------------------------------
7
Related Documents
Monday November 23, 2009
June 2020 10
More Documents from "Circuit Media"
Attorney Statistics
June 2020 4
Lehouillier Complaint
June 2020 2
Kem W. Swarts
June 2020 8
20091201_duran_crisanta
July 2020 10