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ANNOUNCEMENTS

COLORADO SUPREME COURT
MONDAY, AUGUST 31, 2009
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"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

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PETITIONS FOR REHEARING

NONE
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PETITIONS FOR WRIT OF CERTIORARI

No. 08SC938
Court of Appeals Case No. 08CA0487

Petitioner:
Michele Coristine,
v.
Respondent:
Colorado Department of Revenue, Motor Vehicle Division.

Petition for Writ of Certiorari DENIED. EN BANC.
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ANNOUNCEMENTS
COLORADO SUPREME COURT
MONDAY, AUGUST 31, 2009
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No. 08SC997
Court of Appeals Case No. 06CA0494

Petitioner:
Ferrellgas, Inc., a Delaware corporation operating under the trade
name Thermogas,
v.
Respondent:
Ellen Yeiser.

Petition for Writ of Certiorari GRANTED. EN BANC.

Summary of Issues:

Whether the court of appeals erred when determining petitioner was not
entitled to the full value of a resolved subrogation interest.

Whether the court of appeals erred when comparing petitioner’s
statutory offer of settlement to the jury verdict instead of the final
judgment awarded to respondent and further err when determining
petitioner’s offer of settlement had to somehow include potential
subrogated interests and, thus, err when denying costs to petitioner.

Whether the court of appeals erred when determining interest should be
awarded to respondent on the verdict for a period of time instead of
awarding interest on the judgment.
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No. 09SC2
Court of Appeals Case No. 07CA1368

Petitioner:
Clubhouse at Fairway Pines, LLC,
v.
Respondent:
Fairway Pines Estates Owners Association, Inc.

Petition for Writ of Certiorari GRANTED. EN BANC.

Summary of Issues:

Whether the court of appeals incorrectly concluded that the defendant
did not waive its right to raise the need for indispensable parties by
failing to raise the issue in a timely matter.

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ANNOUNCEMENTS
COLORADO SUPREME COURT
MONDAY, AUGUST 31, 2009
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Whether the court of appeals decision is not in accord with the basic
intent of the Colorado Common Interest Ownership Act., e.g., section
38-33.3-311, CRS.

Whether court of appeals incorrectly concluded that the interests of
the homeowners were not adequately represented.

Whether the court of appeals decision that lot owners are
indispensable parties is contrary to public policy, unduly chilling
the rights of litigants and rendering cases excessively cost
prohibitive.

DENIED AS TO ALL OTHER ISSUES.
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No. 09SC62
Court of Appeals Case No. 07CA2063

Petitioner/Cross-Respondent:
Shelter Mutual Insurance Company,
v.
Respondent/Cross-Petitioner:
Mid-Century Insurance Company,
and
Respondents:
American Family Mutual Insurance Company and Virginia Johnson.

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

Summary of Issues:

Whether an automobile insurance policy provision limiting coverage for
permissive drivers of insured vehicles to the minimum limits of
liability insurance required by state law is valid and enforceable
under Colorado law.

Whether the court of appeals erroneously determined that the notice of
a limitation in coverage for permissive drivers in a renewal
automobile insurance policy was not adequate to advise the named
insured of the limitation.

Whether Colorado’s compulsory insurance laws allow the insurer of a
private vehicle to contractually shift the statutory obligation to
provide minimum insurance coverage to a permissive driver’s insurer.

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ANNOUNCEMENTS
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MONDAY, AUGUST 31, 2009
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Whether the operation of petitioner’s excess insurance clause and
cross-petitioner’s excess insurance clause renders neither insurer
primarily liable for damages caused by the insured such that each
policy’s excess insurance clause is unenforceable and each insurer
must respond as co-primary.

DENIED AS TO ALL OTHER ISSUES.
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No. 09SC141
El Paso County District Court Case No. 08CV4981

Petitioner:
Stephen R. Beisel,
v.
Respondent:
City of Manitou Springs.

Petition for Writ of Certiorari DENIED. EN BANC.
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No. 09SC146
Court of Appeals Case No. 07CA0292

Petitioner:
Poudre School District R-1, a Colorado school district,
v.
Respondent:
Ridgeview Classical Schools, a Colorado nonprofit corporation and
charter school.

Petition for Writ of Certiorari DENIED. EN BANC.

CHIEF JUSTICE MULLARKEY would grant as to the following issue:

Whether a charter school contract provision requiring a charter school
and its authorizing school district to compensate each other for the
provision of educational services to students who transfer between the
charter school and district schools is a valid purchased services
agreement under sections 22-30.5-104(7)(b) and 22-30.05-112(2)(b).
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ANNOUNCEMENTS
COLORADO SUPREME COURT
MONDAY, AUGUST 31, 2009
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No. 09SC183
Court of Appeals Case No. 07CA1785

Petitioner:
Paul Misenhelter,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari GRANTED. EN BANC.

Summary of Issue:

Whether the facts essential to the elements of a concurrent conviction
are Blakely-exempt and may be considered by the trial court to
aggravate a defendant’s sentence.

DENIED AS TO ALL OTHER ISSUES.

JUSTICE EID would grant as to the following issue:

Whether the court of appeals in its published opinion erred by
deviating from Blakely v. Washington, Apprendi v. New Jersey, Lopez v.
People, Isaacks, and Villanueva v. People to hold that a
constitutionally valid waiver does not require a trial court to
separately advise a defendant of his right to have a jury determine
all aggravating facts beyond a reasonable doubt.
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No. 09SC226
Court of Appeals Case Nos. 04CA1940 & 07CA0618

Petitioner:
Russell K. Routh,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.
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MONDAY, AUGUST 31, 2009
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No. 09SC232
Boulder County District Court Case No. 07CA4630

Petitioner:
Lyn Vangsnes,
v.
Respondent:
Boulder Housing Partners.

Petition for Writ of Certiorari DENIED. EN BANC.
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No. 09SC257
Court of Appeals Case No. 08CA0768

Petitioner:
Duane H. Pennington,
v.
Respondents:
Jonathan O. Eastwood and Ram Waste Systems, Inc. a Colorado
corporation.

Petition for Writ of Certiorari DENIED. EN BANC.
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No. 09SC297
Court of Appeals Case No. 08CA0109

Petitioners:
The County Court of Adams County and the Honorable Dianna
Roybal, as Judge,
v.
Respondent:
Daniel J. Bowen.

Petition for Writ of Certiorari DENIED. EN BANC.
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COLORADO SUPREME COURT
MONDAY, AUGUST 31, 2009
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No. 09SC383
Court of Appeals No. 05CA2625

Petitioner:
Cesar I. Pasillas-Sanchez,
v.
Respondent:
The People of Colorado of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.
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