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. ------
8 COLORADO SUPREME COURT CASE ANNOUNCEMENTS ------No. 20SC252, Court of Appeals Case No. 17CA1865 Petitioner: Jonathan Aaron Trevino, v. Respondent: The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC. ------No. 20SC265, Court of Appeals Case No. 19CA179 Petitioner: Craig Marvin Stevens, v. Respondent: The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC. ------No. 20SC267, Court of Appeals Case. No. 18CA2343 Petitioners: Ray W. Hein Family Trust, a trust; Ray W. Hein Family Investment Co., a Colorado general partnership; William E. Hein a/k/a Bill Hein, individually and as general partner of the Ray W. Hein Family Trust Investment Co.; Paul R. Hein, individually and as general partner of Ray W. Hein Family Investment Co.; Mark A. Hein, individually and as general partner of Ray W. Hein Family Investment Co.; and Dennis J. Hein, individually and as general partner of the Ray W. Hein Family Investment Co., v. Respondents: Timm Eickmann, as Trustee of the Timm and Sandra Revocable Living Trust and Sandra Eickmann, as trustee of the Timm and Sandra Revocable Living Trust.
Petition for Writ of Certiorari DENIED. EN BANC. ------No. 20SC276, Court of Appeals Case No. 18CA2322 Petitioner: Ludmila Dosien, v. Ronald Dorsey, DDS.
Petition for Writ of Certiorari DENIED. EN BANC. 9 COLORADO SUPREME COURT CASE ANNOUNCEMENTS ------No. 20SC281, Court of Appeals Case No. 15CA475 Petitioner: Hosea Daniels, v. Respondent: The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC. CHIEF JUSTICE COATS does not participate. ------No. 20SC289, Court of Appeals Case No. 17CA496 Petitioner: Joseph Gruszek, v. Respondent: The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC. ------No. 20SC299, Court of Appeals Case No. 18CA457 Petitioner: Corey Carroll, v. Respondent: The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC. ------No. 20SC300, Mesa County District Court Case No. 18CV30436 Petitioner: Joshua Atchley, v. Respondent: The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC. ------
10 COLORADO SUPREME COURT CASE ANNOUNCEMENTS ------No. 20SC302, District Court, City and County of Denver Case No. 19CV33595 Petitioner: Kenny Jackson, v. Respondent: The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC. CHIEF JUSTICE COATS does not participate. ------No. 20SC311, Court of Appeals Case No. 17CA1392 Petitioner: Trevonte Darrius Brown-Grant, v. Respondent: The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC. ------No. 20SC312, District Court, City and County of Denver Case No. 19CV230 Petitioner: Linda F. Donna, v. Respondent: Montey Hill.
Petition for Writ of Certiorari DENIED. EN BANC. ------No. 20SC315, Court of Appeals Case No. 19CA563 Petitioner: Hazhar A. Sayed, v. Respondent: Dean Williams.
Petition for Writ of Certiorari DENIED. EN BANC. ------
11 COLORADO SUPREME COURT CASE ANNOUNCEMENTS ------No. 20SC348, Court of Appeals Case No. 17CA1425 Petitioner: Marshall Wayne Kilpatric, v. Respondent: The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC. ------No. 20SC349, Weld County District Court Case No. 19CV31002 Petitioner: Kristin Flynn, v. Respondent: The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC. ------No. 20SC350, Arapahoe County District Court Case No. 18CV32407 Petitioner: Richard Francis, v. Respondent: The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC. ------
12 COLORADO SUPREME COURT CASE ANNOUNCEMENTS ------No. 20SC355, Court of Appeals Case No. 18CA295 Petitioner: Darius Ratcliff, v. Respondent: The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC. CHIEF JUSTICE COATS does not participate. ------No. 20SC356, Court of Appeals Case No. 18CA778 Petitioner: Nathaniel Vincent Padilla, v. Respondent: The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC. ------No. 20SC358, Court of Appeals Case No. 16CA1874 Petitioner: Edward Allen McGrath, v. Respondent: The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC. ------No. 20SC359, Court of Appeals Case No. 17CA1373 Petitioner: The People of the State of Colorado, v. Respondent: Daniel Franklin Maddox.
Petition for Writ of Certiorari DENIED. EN BANC. ------
13 COLORADO SUPREME COURT CASE ANNOUNCEMENTS ------No. 20SC374, Court of Appeals Case No. 18CA2453 Petitioner: Justin James Sturtevant, v. Respondent: The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC. ------No. 20SC379, District Court, City and County of Denver Case No. 19CV31077 Petitioner: Jeffrey Armendarez, v. Respondent: The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC. CHIEF JUSTICE COATS does not participate. ------No. 20SC380, Court of Appeals Case No. 19CA349 Petitioner: Paul Skivington, v. Respondent: Credit Service Company, Inc.
Petition for Writ of Certiorari DENIED. EN BANC. ------No. 20SC385, Court of Appeals Case No. 16CA1581 Petitioner: Diego B. Gonzales, v. Respondent: The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC. ------
14 COLORADO SUPREME COURT CASE ANNOUNCEMENTS ------No. 20SC386, Court of Appeals Case No. 16CA1885 Respondent: The People of the State of Colorado, In the Interest of Petitioner: J. E. C.
Petition for Writ of Certiorari DENIED. EN BANC. ------No. 20SC388, Court of Appeals Case No. 18CA2232 Petitioner: Willie J. Simkins, v. Respondent: The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC. ------No. 20SC391, Court of Appeals Case No. 17CA771 Petitioner: Taylor Lee Nethken, v. Respondent: The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC. ------No. 20SC392, Court of Appeals Case No. 17CA2355 Petitioner: Dominique Lee Sanford, v. Respondent: The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC. ------
15 COLORADO SUPREME COURT CASE ANNOUNCEMENTS ------No. 20SC395, Court of Appeals Case No. 17CA1611 Petitioner: Devlin Palaza, v. Respondent: The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC. ------No. 20SC396, Adams County District Court Case No. 2019CV31792 Petitioner: James Hazelton, v. Respondent: Alliance Holding Company.
Petition for Writ of Certiorari DENIED. EN BANC. ------No. 20SC403, Court of Appeals Case No. 18CA2061 Petitioner: Kenneth J. Cox, v. Respondent: The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC. ------No. 20SC414, Court of Appeals Case No. 18CA208 Petitioner: Michael Stuart Schreiber, v. Respondent: The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC. ------
16 COLORADO SUPREME COURT CASE ANNOUNCEMENTS ------No. 20SC415, Court of Appeals Case No. 18CA2195 Petitioner: Michael Allen Kravitz, v. Respondent: The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC. ------No. 20SC484, Court of Appeals Case No. 19CA1905 Petitioner: P. P., v. Respondent: The People of the State of Colorado, In the Interest of Minor Child: A. P.
Petition for Writ of Certiorari DENIED. EN BANC. ------No. 20SC499, Court of Appeals Case No. 19CA1233 Petitioner: M. T., v. Respondent: The People of the State of Colorado, In the Interest of Minor Child: A. T.
Petition for Writ of Certiorari DENIED. EN BANC. ------
17 COLORADO SUPREME COURT CASE ANNOUNCEMENTS ------No. 20SC509, Court of Appeals Case No. 19CA2149 Petitioner: J. P., v. Respondent: The People of the State of Colorado, In the Interest of Minor Children: A. P. and A. P., and Concerning C. M.
Petition for Writ of Certiorari DENIED. EN BANC. ------No. 20SC538, Court of Appeals Case No. 19CA2287 Petitioner: A. M., v. Respondent: The People of the State of Colorado, In the Interest of Minor Child: S. C.
Petition for Writ of Certiorari DENIED. EN BANC. ------No. 20SC562, Court of Appeals Case No. 19CA2154 Petitioner: C. P., v. Respondent: The People of the State of Colorado, In the Interest of Minor Child: T. P.
Petition for Writ of Certiorari DENIED. EN BANC. ------
18 COLORADO SUPREME COURT CASE ANNOUNCEMENTS ------No. 20SC563, Court of Appeals Case No. 19CA1992 In re the Parental Responsibilities Concerning A.Z.M., a Child, Petitioner: M. M., v. Respondent: C. H.
Petition for Writ of Certiorari DENIED. EN BANC. ------
19