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Case Announcements Colorado Supreme Court Monday, August 17, 2020

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Case Announcements Colorado Supreme Court Monday, August 17, 2020 CASE ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, AUGUST 17, 2020 "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. ------------------------------------------------------------------------------------------------------------------- PETITIONS FOR REHEARING 2020 CO 67 Supreme Court Case No. 18SC708 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 13CA1604 Petitioner: The People of the State of Colorado, v. Respondent: Sheila Renee Monroe. Petition for Rehearing DENIED. EN BANC. CHIEF JUSTICE COATS and JUSTICE BOATRIGHT would grant the petition. COLORADO SUPREME COURT CASE ANNOUNCEMENTS ------------------------------------------------------------------------------------------------------------------- RULE CHANGE RULE CHANGE 2020(25) COLORADO MUNICIPAL COURT RULES OF PROCEDURE Rule 224 Amended and Adopted by the Court, En Banc, August 5, 2020, effective immediately. ORIGINAL PROCEEDING 20SA262, In Re People v. Subjack, David Order issued July 29, 2020 20SA283, In Re People v. Lynch, Darryl Order to Show Cause issued August 14, 2020 2 COLORADO SUPREME COURT CASE ANNOUNCEMENTS ------------------------------------------------------------------------------------------------------------------- GRANTED PETITIONS FOR WRIT OF CERTIORARI No. 19SC763, Court of Appeals Case No. 15CA1517 Petitioner: The People of the State of Colorado, v. Respondent: Ray Ojeda. Petition for Writ of Certiorari GRANTED. Whether the court of appeals erred in applying Batson v. Kentucky, 476 U.S. 79 (1986), by adopting an unprecedented “substantial motivating factor” test to override the trial court’s conclusion that “abundant race-neutral reasons” supported a juror strike. Whether the court of appeals erred by creating its own factual findings when unsatisfied with the trial court’s instead of remanding for further proceedings as this court required in People v. Rodriguez, 2015 CO 55. CHIEF JUSTICE COATS does not participate. --------------------------------------------------------------------------------------------------------------------- 3 COLORADO SUPREME COURT CASE ANNOUNCEMENTS ------------------------------------------------------------------------------------------------------------------- No. 20SC251, Court of Appeals Case No. 18CA1308 Petitioner: The People of the State of Colorado, v. Respondent: Paul Alex Lavadie. Petition for Writ of Certiorari GRANTED. EN BANC. Whether, under circumstances where a defendant refuses to participate in an advisement pursuant to People v. Arguello, 772 P.2d 87 (Colo. 1989), a district court must advise the defendant that his failure to participate in the advisement will cause him to lose the right to represent himself. Whether, under circumstances where a defendant refuses to participate in an initial Arguello advisement, a district court must repeat that advisement at every subsequent hearing where he repeats his request to represent himself. --------------------------------------------------------------------------------------------------------------------- No. 20SC261, Court of Appeals Case No. 19CA91 Petitioner: Peggy Harvey, v. Respondents: Catholic Health Initiatives d/b/a Centura Health-St. Anthony Hospital and Centura Health Corporation. Petition for Writ of Certiorari GRANTED. EN BANC. [REFRAMED] Whether section 38-27-101(1), C.R.S. (2019), requires a hospital to bill Medicaid or Medicare for medical services before creating a lien against the person who received the services when that person has other coverage but has Medicaid or Medicare as is his/her predominant source of health coverage. DENIED AS TO ALL OTHER ISSUES. --------------------------------------------------------------------------------------------------------------------- 4 COLORADO SUPREME COURT CASE ANNOUNCEMENTS ------------------------------------------------------------------------------------------------------------------- DENIED PETITIONS FOR WRIT OF CERTIORARI No. 19SC108, Court of Appeals Case No. 14CA1384 Petitioner: The People of the State of Colorado, v. Respondent: De’Twan Clayton Irving. Petition for Writ of Certiorari DENIED. EN BANC. --------------------------------------------------------------------------------------------------------------------- No. 19SC992, Court of Appeals Case No. 18CA2085 Petitioner: Ken Evans, v. Respondents: Delinda Evans and Jennifer Holt. Petition for Writ of Certiorari DENIED. EN BANC. --------------------------------------------------------------------------------------------------------------------- No. 20SC70, Court of Appeals Case No. 16CA1625 Petitioner: Pedro Baca, v. Respondent: The People of the State of Colorado. Petition for Writ of Certiorari DENIED. EN BANC. --------------------------------------------------------------------------------------------------------------------- No. 20SC91, Court of Appeals Case No. 16CA1171 Petitioner: The People of the State of Colorado, v. Respondent: Marshal Douglas Gregory. Petition for Writ of Certiorari DENIED. EN BANC. --------------------------------------------------------------------------------------------------------------------- 5 COLORADO SUPREME COURT CASE ANNOUNCEMENTS ------------------------------------------------------------------------------------------------------------------- No. 20SC130, Court of Appeals Case No. 15CA648 Petitioner: James Dominguez-Castor, v. Respondent: The People of the State of Colorado. Petition for Writ of Certiorari DENIED. EN BANC. JUSTICE BOATRIGHT does not participate. --------------------------------------------------------------------------------------------------------------------- No. 20SC152, Court of Appeals Case No. 17CA767 Petitioner: Aaron Oswaldo Moreno Atayde, v. Respondent: The People of the State of Colorado. Petition for Writ of Certiorari DENIED. EN BANC. --------------------------------------------------------------------------------------------------------------------- No. 20SC178, Court of Appeals Case No. 19CA351 Petitioner: Martin Arroyo, v. Respondent: The People of the State of Colorado. Petition for Writ of Certiorari DENIED. EN BANC. --------------------------------------------------------------------------------------------------------------------- No. 20SC180, Court of Appeals Case No. 17CA1869 Petitioner: Dennis Crispin Gonzales, v. Respondent: The People of the State of Colorado. Petition for Writ of Certiorari DENIED. EN BANC. JUSTICE MÁRQUEZ does not participate. --------------------------------------------------------------------------------------------------------------------- 6 COLORADO SUPREME COURT CASE ANNOUNCEMENTS ------------------------------------------------------------------------------------------------------------------- No. 20SC188, Court of Appeals Case No. 17CA829 Petitioner: Daeshaun Howard, v. Respondent: The People of the State of Colorado. Petition for Writ of Certiorari DENIED. EN BANC. --------------------------------------------------------------------------------------------------------------------- No. 20SC190, Court of Appeals Case No. 18CA2034 Petitioner: Melissa A. Rogers, v. Respondent: Vivien E. Roach. Petition for Writ of Certiorari DENIED. EN BANC. --------------------------------------------------------------------------------------------------------------------- No. 20SC212, Court of Appeals Case No. 17CA1902 Petitioner: Johnny Lee, v. Respondent: The People of the State of Colorado. Petition for Writ of Certiorari DENIED. EN BANC. JUSTICE GABRIEL would grant as to the following issue: Whether Mr. Lee’s aggregate 108-year-to-life prison sentence violates the Eighth Amendment’s prohibition against cruel and unusual punishments because it is a functional life sentence and denies Mr. Lee a meaningful opportunity for release, as required by Graham v. Florida, 560 U.S. 48 (2010). --------------------------------------------------------------------------------------------------------------------- 7 COLORADO SUPREME COURT CASE ANNOUNCEMENTS ------------------------------------------------------------------------------------------------------------------- No. 20SC214, Court of Appeals Case No. 18CA1232 Respondent: The People of the State of Colorado, In the Interest of Petitioner: E. A. Z. Petition for Writ of Certiorari DENIED. EN BANC. --------------------------------------------------------------------------------------------------------------------- No. 20SC216, Court of Appeals Case No. 18CA2404 Petitioner: Sheridan School District No. 2, v. Respondent: Troy Jones. Petition for Writ of Certiorari DENIED. EN BANC. --------------------------------------------------------------------------------------------------------------------- No. 20SC223, Court of Appeals Case No. 19CA197 In re the Marriage of Petitioner: Jennifer Larsen, and Respondent: Corey D. Larsen. Petition for Writ of Certiorari DENIED. EN BANC. --------------------------------------------------------------------------------------------------------------------- No. 20SC231, Court of Appeals Case No. 19CA618 Petitioner: Roscoe Ford, v. Respondent: The People of the State of Colorado. Petition for Writ of Certiorari DENIED. EN BANC. ---------------------------------------------------------------------------------------------------------------------
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