CASE ANNOUNCEMENTS
COLORADO SUPREME COURT
MONDAY, FEBRUARY 10, 2020
Click on the case number to view the opinion in pdf format.
OPINIONS
2019 CO 8
Supreme Court Case No. 17SC815
Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 13CA1296
Petitioner:
Alfredo Juarez,
v.
Respondent:
The People of the State of Colorado.
Judgment Affirmed
en banc
CHIEF JUSTICE COATS delivered the Opinion of the Court.
JUSTICE GABRIEL concurs in the judgment, and JUSTICE MÁRQUEZ joins in the concurrence in the judgment.
Supreme Court Case No. 19SA118
Original Proceeding Pursuant to
District Court, City and County of Denver, Case No. 19CV30251
Honorable Michael A. Martinez, Judge
In Re
Plaintiff:
Paul Chessin,
v.
Defendant:
Office of Attorney Regulation Counsel.
Rule Made Absolute
en banc
JUSTICE MÁRQUEZ delivered the Opinion of the Court.
CHIEF JUSTICE COATS does not participate.
Supreme Court Case No. 18SC919
Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 17CA2038
Petitioner:
A.R.,
and
Petitioner:
The People of the State of Colorado,
In the Interest of Minor Child:
A.R.,
v.
Respondent:
D.R.
Judgment Affirmed
en banc
JUSTICE GABRIEL delivered the Opinion of the Court.
Supreme Court Case No. 19SC370
Court of Appeals Case No. 19CA452
Adams County District Court, Case No. 16JV122
Honorable Priscilla J. Loew, Judge
Petitioner/Cross-Respondent:
M.A.W.,
v.
Respondent/Cross-Petitioner:
The People of the State of Colorado
In the Interest of Minor Child:
A.L.W.
Judgment Affirmed
en banc
JUSTICE GABRIEL delivered the Opinion of the Court.
19SA234, In Re People in the interest of E.R.G.
Adams County District Court, 18JD571
Court order issued February 3, 2020
GRANTED PETITIONS FOR WRIT OF CERTIORARI
No. 17SC749, Court of Appeals Case No. 14CA2083
Petitioner:
Franky Lamont Session,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari GRANTED. The judgment of the Colorado Court of Appeals is vacated, and the case is remanded to the Colorado Court of Appeals for reconsideration in light of Melton v. People, 14SC282, 2019 CO 89; Wells-Yates v. People, 16SC592, 2019 CO 90; and People v. McRae, 16SC753, 2019 CO 91. EN BANC.
No. 17SC829, Court of Appeals Case No. 14CA2082
Petitioner:
Franky Lamont Session,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari GRANTED. The judgment of the Colorado Court of Appeals is vacated, and the case is remanded to the Colorado Court of Appeals for reconsideration in light of Melton v. People, 14SC282, 2019 CO 89; Wells-Yates v. People, 16SC592, 2019 CO 90; and People v. McRae, 16SC753, 2019 CO 91. EN BANC.
JUSTICE MÁRQUEZ does not participate.
Petitioner:
Department of Corrections, Denver Reception & Diagnostic Center,
v.
Respondents:
State Personnel Board and Matthew Mark Stiles.
Petition for Writ of Certiorari GRANTED. EN BANC.
[REFRAMED] Whether the State Personnel Board may only reverse or modify an appointing authority‘s disciplinary decision if at least three members of the Board find it to be arbitrary, capricious, or contrary to rule or law, and if so, whether this standard prevents the State Personnel Board from reviewing such a disciplinary decision de novo and without giving any deference to it.
DENIED AS TO ALL OTHER ISSUES.
No. 19SC445, District Court, Grand County, Case No. 18CV30044
Petitioner:
John Marshall,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari GRANTED. The judgment of the Grand County District Court is vacated, and the case is remanded to the district court for reconsideration in light of Martinez v. People, 18SC482, 2020 CO 3. EN BANC.
No. 17SC340, Court of Appeals Case No. 14CA589
Petitioner:
Adam James Younger,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 17SC600, Court of Appeals Case No. 16CA481
Petitioner:
The People of the State of Colorado,
v.
Respondent:
Scott Alan Oldright.
Petition for Writ of Certiorari DENIED. EN BANC.
JUSTICE BOATRIGHT would grant as to the following issues:
Whether, under Rutter v. People, 2015 CO 71, a trial court conducting an abbreviated proportionality review of a habitual sentence must consider the General Assembly‘s reclassification of some of a defendant‘s prior felony convictions, where the triggering offense is grave and serious and has not been reclassified.
Whether a sixty-four year habitual sentence raises an inference of gross proportionality when the triggering offense is first degree assault with a deadly weapon, two of defendant‘s five prior felony convictions would still be felonies if committed today, and at least one prior conviction is a grave and serious offense for proportionality purposes.
Petitioner/Cross-Respondent:
The People of the State of Colorado,
v.
Respondent/Cross-Petitioner:
Dennis Edward Granger.
Petition and Cross-Petition for Writ of Certiorari DENIED. EN BANC.
JUSTICE SAMOUR does not participate.
No. 18SC742, Court of Appeals Case No. 15CA1009
Petitioner:
Hamilton Lee Sullivan,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 19SC53, Court of Appeals Case No. 15CA506
Petitioner:
Jason Virgil Boe,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 19SC73, Court of Appeals Case No. 16CA294
Petitioner:
Joshua Robert Hoppe,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Petitioner:
Sharman Heotis,
v.
Respondent:
Colorado State Board of Education.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 19SC451, Court of Appeals Case No. 15CA634
Petitioner:
Samuel Sims,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
CHIEF JUSTICE COATS does not participate.
No. 19SC482, Court of Appeals Case No. 17CA3
Petitioner:
The People of the State of Colorado,
v.
Respondent:
Maicle K. Abraha.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 19SC484, Court of Appeals Case No. 17CA84
Petitioner:
The People of the State of Colorado,
v.
Respondent:
Temesghen M. Gebreyohannes.
Petition for Writ of Certiorari DENIED. EN BANC.
Petitioner:
23 LTD, d/b/a Bradsby Group, a Colorado corporation,
v.
Respondent:
Tracy Herman.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 19SC665, Court of Appeals Case No. 18CA1059
Petitioner:
Trey Fernandez,
v.
Respondents:
Colt Holdings, LLC, a Colorado limited liability company and Jordan Head.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 19SC812, Court of Appeals Case No. 17CA2305
In re the Estate of William A. Powers, a/k/a William Arthur Powers, a/k/a William Powers, a/k/a Bill Powers, deceased.
Petitioner:
Lora J. Powers,
v.
Respondent:
William Martin Powers.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 19SC834, Court of Appeals Case No. 18CA192
Petitioner:
Jessie Medina Jr.,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Petitioner:
Matthew Dean Fletcher,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 19SC841, Court of Appeals Case No. 18CA684
Petitioner:
Lance Leroy McDermed,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 19SC847, Court of Appeals Case No. 17CA1768
Petitioner:
Juan Lorenzo Johnson,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 19SC868, Bent County District Court, 18CV30
Petitioner:
Rodney Douglas Eaves,
v.
Respondent:
Joe Trujillo.
Petition for Writ of Certiorari DENIED. EN BANC.
Petitioner:
Esther Sarai Herring,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 19SC902, Court of Appeals Case No. 17CA957
Petitioner:
Tomas Mars Garcia,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 19SC910, Court of Appeals Case No. 17CA1965
Petitioner:
Paul Andrew Stelzer,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
JUSTICE MÁRQUEZ does not participate.
No. 19SC911, Court of Appeals Case No. 18CA307
Petitioner:
Robert Lee Hunt, Jr.,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
Petitioner:
K. E.,
v.
Respondent:
The People of the State of Colorado,
In the Interest of Minor Children:
A. E. and L. E.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 20SC28, Court of Appeals Case No. 19CA741
Petitioner:
A. M. M.,
v.
Respondent:
The People of the State of Colorado,
In the Interest of Minor Child:
L. K.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 20SC29, Court of Appeals Case No. 19CA518
Petitioner:
S. G. H.,
v.
Respondent:
The People of the State of Colorado,
In the Interest of Minor Child:
A. D. E. F.
Petition for Writ of Certiorari DENIED. EN BANC.
Petitioner:
L. B.,
v.
Respondent:
The People of the State of Colorado,
In the Interest of Minor Child:
I. B.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 20SC44, Court of Appeals Case No. 19CA1047
Petitioner:
A. G.,
v.
Respondent:
The People of the State of Colorado,
In the Interest of Minor Child:
M. G.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 20SC45, Court of Appeals Case No. 19CA556
Petitioner:
E. M.-S.,
v.
Respondent:
The People of the State of Colorado,
In the Interest of Minor Child:
B. H.-M.
Petition for Writ of Certiorari DENIED. EN BANC.