Oct 18 10

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
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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
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
Petitioner:
Paul Peiffer,
v.
Respondent:

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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.

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No. 10SC270
Petitioner:
William L. O’Quinn,
v.
Respondent:
Leslie A. Baca.

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No. 10SC272
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.

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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
Petitioner:
Mark Anthony Montez,
v.
Respondent:
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
Petitioner:
Charles Glen McKendry,
v.
Respondent:
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.
JUSTICE MARTINEZ would grant as to the following issue:
Whether jurisdiction was properly with the court of appeals.

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No. 10SC328
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.,

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No. 10SC344
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.
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
Petitioner:
Philip Andrew Stalkup,
v.
Respondent:

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No. 10SC348
Petitioner:
William Lawrence Gladney,
v.
Respondent:

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No. 10SC350
Petitioner:
Michael P. O’Shaughnessy,
v.
Respondent:
Summary of Issue:
Whether the court of appeals has imposed an unauthorized restriction

on the affirmative defense of abandonment.

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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.

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No. 10SC365
Petitioner:
Simon Ewing Sue,
v.
Respondent:

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No. 10SC389
Petitioner:
Vincent S. Franz,
v.
Respondents:
Brookharts, Inc., Pinnacol Assurance, and Industrial Claim Appeals
Office of the State of Colorado.
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
Petitioner:
Vincent S. Franz,
v.
Respondents:
Brookharts, Inc., Pinnacol Assurance, and Industrial Claim Appeals
Office of the State of Colorado.

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No. 10SC401
Petitioner:
Longmont Police Detective Laura Faatz, in her individual and official
capacities,
v.
Respondent:
Renee Dulany.

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No. 10SC419
Petitioner:
Colorado Division of Employment and Training,
v.
Respondents:
Accord Human Resources, Inc. and Industrial Claim Appeals Office of
the State of Colorado.
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.

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No. 10SC424
Petitioner:
Abraham Hagos,
v.
Respondent:
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.

JUSTICE RICE and JUSTICE COATS do not participate.
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No. 10SC427
Petitioner:
Samuel J. Barnett,
v.
Respondent:
Elite Properties of America, Inc., d/b/a Classic Homes.

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No. 10SC451
Petitioner:
Stan Lee Media, Inc., an administratively dissolved Colorado
corporation,
v.
Respondent:
P.F.P. Family Holdings, L.P.
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.

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ANNOUNCEMENTS

COLORADO SUPREME COURT

"Slip opinions" are the opinions delivered by the Supreme Court

Click on the case number to view the opinion in pdf format.

SUPREME COURT, STATE OF COLORADO Case No. 10SA164

Original Proceeding Pursuant to C.A.R. 21

The People of the State of Colorado,

Todd Quintin McKeel.

RULE MADE ABSOLUTE

CHIEF JUSTICE MULLARKEY delivered the Opinion of the Court.

SUPREME COURT, STATE OF COLORADO Case No. 09SC189

Certiorari to the Colorado Court of Appeals

JUSTICE HOBBS delivered the Opinion of the Court.

PETITIONS FOR REHEARING

PETITIONS FOR WRIT OF CERTIORARI

Petition for Writ of Certiorari DENIED. EN BANC.

Petition for Writ of Certiorari DENIED. EN BANC.

Petition for Writ of Certiorari DENIED. EN BANC.

Petition for Writ of Certiorari DENIED. EN BANC.

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

Petition for Writ of Certiorari DENIED. EN BANC.

Petition for Writ of Certiorari GRANTED. EN BANC.

Whether the Court of Appeals erred in holding that statutorily

DENIED AS TO ALL OTHER ISSUES.

Petition for Writ of Certiorari DENIED. EN BANC.

CHIEF JUSTICE MULLARKEY and JUSTICE MARTINEZ would grant as to the

Whether the court misapplied and failed to complete the analysis

JUSTICE MARTINEZ would also grant as to the following issue:

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

Petition for Writ of Certiorari GRANTED. EN BANC.

Whether the respondent is required to present sufficient evidence to

DENIED AS TO ALL OTHER ISSUES.

JUSTICE MARTINEZ would grant as to the following issue:

Whether jurisdiction was properly with the court of appeals.

Petition for Writ of Certiorari DENIED. EN BANC.

Petition for Writ of Certiorari GRANTED. EN BANC.

Whether the General Assembly intended the Concealed Carry Act to

Whether a constitutional challenge to a statute or ordinance

Petition for Writ of Certiorari DENIED. EN BANC.

Petition for Writ of Certiorari DENIED. EN BANC.

Petition for Writ of Certiorari GRANTED. EN BANC.

Whether the court of appeals has imposed an unauthorized restriction

DENIED AS TO ALL OTHER ISSUES.

Petition for Writ of Certiorari DENIED. EN BANC.

Petition for Writ of Certiorari DENIED. EN BANC.

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

Petition for Writ of Certiorari DENIED. EN BANC.

Petition for Writ of Certiorari DENIED. EN BANC.

Petition for Writ of Certiorari GRANTED. EN BANC.

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

DENIED AS TO ALL OTHER ISSUES.

Petition for Writ of Certiorari GRANTED. EN BANC.

Whether the court of appeals erred when it held that a finding of no

DENIED AS TO ALL OTHER ISSUES.

Petition for Writ of Certiorari DENIED. EN BANC.

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

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

Petition for Writ of Certiorari DENIED. EN BANC.