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ANNOUNCEMENTS

COLORADO SUPREME COURT


MONDAY, OCTOBER 18, 2010
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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

SUPREME COURT, STATE OF COLORADO Case No. 10SA164


101 West Colfax Avenue, Suite 800
Denver, Colorado 80202

Original Proceeding Pursuant to C.A.R. 21


El Paso County District Court, Case No. 09CR4595
Honorable Deborah J. Grohs, Judge

In Re:

Plaintiff:

The People of the State of Colorado,

v.

Defendant:

Todd Quintin McKeel.

RULE MADE ABSOLUTE


EN BANC

CHIEF JUSTICE MULLARKEY delivered the Opinion of the Court.

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SUPREME COURT, STATE OF COLORADO Case No. 09SC189


101 West Colfax Avenue, Suite 800
Denver, Colorado 80202

Certiorari to the Colorado Court of Appeals


Court of Appeals Case No. 07CA2076

Petitioners:

Richard W. Bly; Patsy A. Bly; and Bank of the West, f/n/a Community First
National Bank, f/n/a The Bank, N.A.,

v.

Respondent:

Tamara L. Story.

JUDGMENT AFFIRMED
EN BANC

JUSTICE HOBBS delivered the Opinion of the Court.


JUSTICE EID concurs in part and dissents in part, and JUSTICE RICE joins
in the concurrence and dissent.

PETITIONS FOR REHEARING

NONE
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PETITIONS FOR WRIT OF CERTIORARI

No. 10SC156
Court of Appeals Case No. 07CA735

Petitioner:
Cleveland Michael Flood, Jr.,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


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No. 10SC224
Court of Appeals Case No. 07CA692

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

Petition for Writ of Certiorari DENIED. EN BANC.


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No. 10SC250
Court of Appeals Case Nos. 08CA438, 08CA1035 and 09CA779

Petitioners:
Gary Alexander; Maureen Alexander; Paul Gordon, LLC; and Paul Gordon;
v.
Respondents:
Patricia Jo Stone and Patricia Jo Stone, P.C.

Petition for Writ of Certiorari DENIED. EN BANC.


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No. 10SC270
Court of Appeals Case No. 09CA388

Petitioner:
William L. O’Quinn,
v.
Respondent:
Leslie A. Baca.

Petition for Writ of Certiorari DENIED. EN BANC.


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No. 10SC272
Court of Appeals Case No. 09CA157

In the Matter of the Barbara J. Mikovec Living Trust,


Petitioner:
Marian Stanton,
v.
Respondent:
Carol Weidman, as Trustee of the Barbara J. Mikovec Living Trust.

Petition for Writ of Certiorari DENIED. EN BANC.


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No. 10SC281
Court of Appeals No. 09CA586

Petitioner:
Monica David Vickery,
v.
Respondent:
Merry Gayle Vickery.

Petition for Writ of Certiorari GRANTED. EN BANC.

Summary of Issue:

Whether the Court of Appeals erred in holding that statutorily


mandated prejudgment interest should not be added to the jury’s
assessment of compensatory damages before exemplary damages awarded by
the jury are reduced to the one-to-one ratio required by C.R.S.
section 13-21-102(1)(a).

DENIED AS TO ALL OTHER ISSUES.


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No. 10SC294
Court of Appeals Case No. 07CA139

Petitioner:
Mark Anthony Montez,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.

CHIEF JUSTICE MULLARKEY and JUSTICE MARTINEZ would grant as to the


following issue:

Whether the court misapplied and failed to complete the analysis


required by Batson v. Kentucky, 476 U.S. 79 (1986), when, after the
prosecutor proffered reasons for removing the only two Hispanic
jurors, the court ruled: “I do not find that two people make a Batson
challenge. [The prosecutor] has given us no race-related reasons for
that.”

JUSTICE MARTINEZ would also grant as to the following issue:

Whether one is “armed with a deadly weapon” for purposes of first-


degree burglary by virtue of stealing a closed case containing two
unloaded guns and no ammunition.
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No. 10SC325
Court of Appeals Case No. 09CA2748

Petitioner:
Charles Glen McKendry,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari GRANTED. EN BANC.

Summary of Issue:

Whether the respondent is required to present sufficient evidence to


establish probable cause that an adult is “at-risk” in relation to a
charge of sexual assault on an at-risk adult pursuant to sections 18-
6.5-103(7)(a) and 18-3-402(1)(a), C.R.S. (2010) at a preliminary
hearing.

DENIED AS TO ALL OTHER ISSUES.

JUSTICE MARTINEZ would grant as to the following issue:

Whether jurisdiction was properly with the court of appeals.


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No. 10SC328
Court of Appeals Case No. 09CA386

Petitioner:
The City of Steamboat Springs, a Colorado home rule municipal
corporation; State of Colorado, Department of Natural Resources,
Wildlife Commission, Division of Wildlife; and Yampa Valley Land
Trust, Inc.,
v.
Respondent:
Humble Ventures, L.L.C.,

Petition for Writ of Certiorari DENIED. EN BANC.


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No. 10SC344
Court of Appeals Case No. 09CA1230

Petitioners:
The Regents of the University of Colorado; Stephen Ludwig, in his
official capacity as Regent; Joseph Neguse, in his official capacity
as Regent; Monisha Merchant, in her official capacity as Regent;
Michael Carrigan, in his official capacity as Regent; Tom Lucero, in
his official capacity as Regent; Steve Bosley, in his official
capacity as Regent; Kyle Hybl, in his official capacity as Regent;
James Geddes, in his official capacity as Regent; Tilman Bishop, in
his official capacity as Regent; Jim Spice, in his official capacity
as Chief of Campus Police, University of Colorado at Colorado Springs;
Pam Shockley-Zalabak, in her official capacity as Chancellor,
University of Colorado at Colorado Springs; Doug Abraham, in his
official capacity as Chief of Campus Police, University of Colorado
Denver; and M. Roy Wilson, in his official capacity as Chancellor,
University of Colorado Denver;
v.
Respondents:
Students for Concealed Carry On Campus, LLC, a Texas limited liability
company; Martha Altman; Eric Mote; and John Davis.

Petition for Writ of Certiorari GRANTED. EN BANC.

Summary of Issues:

Whether the General Assembly intended the Concealed Carry Act to


divest the Board of Regents of its constitutional and statutory
authority to enact safety and welfare measures for the University of
Colorado’s campuses.

Whether a constitutional challenge to a statute or ordinance


regulating the right to bear arms is governed by the deferential
“rational basis” standard of review or a more stringent “reasonable
exercise” standard of review.
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No. 10SC347
Court of Appeals Case No. 07CA1927

Petitioner:
Philip Andrew Stalkup,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


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No. 10SC348
Court of Appeals Case No. 08CA396

Petitioner:
William Lawrence Gladney,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


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No. 10SC350
Court of Appeals Case No. 06CA1228

Petitioner:
Michael P. O’Shaughnessy,
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 has imposed an unauthorized restriction


on the affirmative defense of abandonment.

DENIED AS TO ALL OTHER ISSUES.


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No. 10SC360
Larimer County District Court Case No. 09CV740

Petitioner:
Alicia Beale,
v.
Respondent:
Hickory Hill, Ltd., a/k/a RLS Management.

Petition for Writ of Certiorari DENIED. EN BANC.


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No. 10SC365
Court of Appeals Case No. 08CA2022

Petitioner:
Simon Ewing Sue,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


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No. 10SC389
Court of Appeals Case No. 09CA298

Petitioner:
Vincent S. Franz,
v.
Respondents:
Brookharts, Inc., Pinnacol Assurance, and Industrial Claim Appeals
Office of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.

JUSTICE BENDER would grant as to the following issue:

Whether the court of appeals erred by concluding that Rule 10-5(E) of


the Workers’ Compensation Rules of Procedure and principles of due
process do not require members of a medical utilization review
committee to be disqualified based on a conflict of interest where the
committee members are affiliated with the insurer’s managed care
network and are contracted medical advisors to the insurer?
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No. 10SC390
Court of Appeals Case No. 09CA1433

Petitioner:
Vincent S. Franz,
v.
Respondents:
Brookharts, Inc., Pinnacol Assurance, and Industrial Claim Appeals
Office of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


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No. 10SC401
Court of Appeals Case No. 09CA667

Petitioner:
Longmont Police Detective Laura Faatz, in her individual and official
capacities,
v.
Respondent:
Renee Dulany.

Petition for Writ of Certiorari DENIED. EN BANC.


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No. 10SC419
Court of Appeals Case No. 09CA1356

Petitioner:
Colorado Division of Employment and Training,
v.
Respondents:
Accord Human Resources, Inc. and Industrial Claim Appeals Office of
the State of Colorado.

Petition for Writ of Certiorari GRANTED. EN BANC.

Summary of Issue:

Whether section 8-70-114 C.R.S. (2010) gives the Division the


authority to combine separate entities with separate employer accounts
into a single employing unit for the purpose of assessing unemployment
taxes.

DENIED AS TO ALL OTHER ISSUES.


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No. 10SC424
Court of Appeals Case No. 07CA902

Petitioner:
Abraham Hagos,
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 when it held that a finding of no


plain error in Petitioner’s earlier appeal regarding defective . . .
jury instructions, necessarily required a finding of no ineffective
assistance of counsel regarding a failure to object to . . . the same
jury instructions in Petitioner’s later Crim. P. 35(c) motion, thus
affirming the trial court’s order denying the Crim. P. 35(c) motion.

DENIED AS TO ALL OTHER ISSUES.


JUSTICE RICE and JUSTICE COATS do not participate.
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No. 10SC427
Court of Appeals Case No. 09CA693

Petitioner:
Samuel J. Barnett,
v.
Respondent:
Elite Properties of America, Inc., d/b/a Classic Homes.

Petition for Writ of Certiorari DENIED. EN BANC.


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No. 10SC451
Court of Appeals Case No. 09CA899

Petitioner:
Stan Lee Media, Inc., an administratively dissolved Colorado
corporation,
v.
Respondent:
P.F.P. Family Holdings, L.P.

Petition for Writ of Certiorari DENIED. EN BANC.

JUSTICE BENDER would grant as to the following issues:

Whether the court of appeals erred as a matter of law in holding that


a corporate bylaw, which did not address whether proxy forms must be
dated, prevented the special master and trial court from rejecting
undated proxy forms.

Whether the court of appeals erred by substituting its own findings of


fact for those of the special master and the trial court, concluding
that there was not a reasonable basis to doubt the validity of one
shareholder’s proxy appointments.
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No. 10SC592
Court of Appeals Case Nos. 10CA345 and 10CA346

Petitioner:
M.N.M.,
v.
Respondent:
The People of the State of Colorado,
In the Interest of Minor Children:
A.M.M., A.T.M., A.A.M., and A.E.M.

Petition for Writ of Certiorari DENIED. EN BANC.


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