Colorado Supreme Court Opinions || October 24, 2011
Colorado Supreme Court -- October 24, 2011
Announcement Sheet
OPINIONS
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SUPREME COURT, STATE OF COLORADO
101 West Colfax Avenue, Suite 800
Denver, Colorado 80202
Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 07CA1016
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Case No. 08SC945
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Petitioner:
The People of the State of Colorado,
v.
Respondent:
Mark Joseph Gabriesheski.
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JUDGMENT AFFIRMED IN PART AND REVERSED IN PART
EN BANC
JUSTICE COATS delivered the Opinion of the Court.
JUSTICE MARTINEZ dissents, and CHIEF JUSTICE BENDER joins in the dissent.
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PETITIONS FOR REHEARING
NONE
PETITIONS FOR WRIT OF CERTIORARI
No. 11SC283
Court of Appeals Case No. 09CA397
Petitioner:
Craig Tholson,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC312
Court of Appeals Case No. 07CA2204
Petitioner:
Demetrius Mario Herron,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 09CA516
Petitioner:
Travis M. Cavender,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC345
Court of Appeals Case No. 10CA570
In re the Marriage of:
Petitioner:
Eva S. Potter,
and
Respondent:
David Vignes.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC445
Court of Appeals Case No. 10CA1205
Petitioner:
Ronald Duran,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 06CA2552
Petitioner:
Orlando E. Thompson,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 07CA1425
Petitioner:
Timothy Trujillo,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 08CA1375
Petitioner:
Debra Ann Blanton,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC486
Court of Appeals Case No. 10CA2180
Petitioner:
Matt Joe Weber,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 10CA4
Petitioner:
Henry Lee Griffin, Jr.,
v.
Respondent:
Aristedes W. Zavaras, in his individual and official capacity.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 09CA2186
Petitioner:
Michael Anthony Ardia,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC496
Court of Appeals Case No. 10CA93
Petitioners:
Charles Reed Cagle; Joseph D. Kinlaw; Heartland Energy of Colorado, LLC; Steve Ziemke; Brandon Davis; John Schiffner; Joel Held; Martin Harper; HEI Resources, Inc., f/k/a Heartland Energy, Inc.; Heartland Energy Development Corp.; Reed Petroleum, LLC; D. Deerman, Ltd.; and R&J Associates, Inc.,
v.
Respondents:
Mathers Family Trust, William H. Mathers, Myra M. Mathers, Thomas E. Carpenter Trust, Margaret M. Carpenter Trust, Robert Hall, and Gianpaolo Callioni.
Petition for Writ of Certiorari GRANTED. EN BANC. Summary of the Issue:
Whether Colorado public policy or the anti-waiver provision of the Colorado Securities Act, C.R.S. section 11-51-604(11), voids forum selection clauses in securities contracts.
DENIED AS TO ALL OTHER ISSUES.
Court of Appeals Case Nos. 09CA805 and 09CA873
Petitioner:
Dayton Green Ltd., Condominium Owners Association, v.
Respondents:
Donald E. Fymbo and Carol T. Napier.
Petition for Writ of Certiorari DENIED. EN BANC. JUSTICE MÁRQUEZ does not participate.
No. 11SC500
Court of Appeals Case No. 10CA739
Petitioner:
Benjamin Shawn Snell,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC503
Court of Appeals Case No. 08CA1909
Petitioner:
Dane Stephon Newton,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
District Court, City and County of Denver, Case No. 10CV3892
Petitioner:
Joseph P. Anconca,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 10CA1088
Petitioner:
Leonid Shifrin,
v.
Respondent:
Jennifer M. Fry.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC519
Court of Appeals Case No. 09CA2387
Petitioner:
Phillip Saldana,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 09CA1522
Petitioner:
The People of the State of Colorado,
v.
Respondent:
Robert Tallant.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC524
Court of Appeals Case No. 10CA502
Petitioner:
Edward Eugene Hudson,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 10CA2637
Petitioner:
Edwin Ackerman,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC533
Court of Appeals Case No. 08CA121
Petitioner:
James Richard Patterson,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 10CA751
Petitioner:
Ernest J. Vensor,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 10CA888
Petitioner:
Woodie Ashfield,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Arapahoe County District Court Case No. 11CV335
Petitioner:
Mark W. Stengel,
v.
Respondent:
The People of the City of Greenwood Village.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC550
Court of Appeals Case No. 10CA875
Petitioner:
David Russell,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Court of Appeals Case No. 11CA836
Petitioner:
The People of the State of Colorado,
v.
Respondent:
Beverly Maser.
Petition for Writ of Certiorari GRANTED. EN BANC. Summary of the Issue:
Whether the court of appeals erred in concluding that an order issued by a district court judge dismissing a misdemeanor charge must be appealed to the district court rather than the court of appeals.
Court of Appeals Case No. 10CA29
Petitioner:
Gary Davidson,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC560
Court of Appeals Case No. 10CA1022
Petitioner:
Marvin E. Smith,
v.
Respondent:
Shirley L. Davidson.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC561
Court of Appeals Case No. 09CA2696
Petitioner:
Paul W. Palecek,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC562
Court of Appeals Case No. 08CA1940
Petitioner:
Tyler Matthew Fisk,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC573
Court of Appeals Case No. 10CA1224
Petitioner:
Erick Osmany Martinez-Izaguirre,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 11SC574
Court of Appeals Case No. 09CA554
In re the Marriage of:
Petitioner:
Robert Bruce Fickel, II,
and
Respondent:
Andrea Michele Lier, f/k/a Andrea Michele Fickel.
Petition for Writ of Certiorari DENIED. EN BANC
These opinions are not final. They may be modified, changed or withdrawn in accordance with Rules 40 and 49 of the Colorado Appellate Rules. Changes to or modifications of these opinions resulting from any action taken by the Court of Appeals or the Supreme Court are not incorporated here.
Colorado Supreme Court Opinions || October 24, 2011
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