OPINIONS. The Supreme Court of the State of Colorado 2 East 14 th Avenue Denver, Colorado CO 65

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1 "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. OPINIONS The Supreme Court of the State of Colorado 2 East 14 th Avenue Denver, Colorado CO 65 Supreme Court Case No. 12SC820 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 08CA2329 The People of the State of Colorado, Kenneth Leon Childress. Judgment Reversed en banc JUSTICE COATS delivered the Opinion of the Court. CHIEF JUSTICE RICE concurs in the judgment

2 The Supreme Court of the State of Colorado 2 East 14 th Avenue Denver, Colorado CO 66 Supreme Court Case No. 13SC930 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 13CA580 Cathy Ritzert, Board of Education of the Academy School District No. 20. Judgment Reversed en banc JUSTICE HOOD delivered the Opinion of the Court. JUSTICE COATS dissents, and JUSTICE EID and JUSTICE MÁRQUEZ join in the dissent

3 The Supreme Court of the State of Colorado 2 East 14 th Avenue Denver, Colorado CO 67 Supreme Court Case No. 15SA129 Interlocutory Appeal from the District Court Douglas County District Court Case No. 14CR95 Honorable Richard Caschette, Judge Plaintiff-Appellant: The People of the State of Colorado, Defendant-Appellee: John Mikall Paul Swietlicki. Order Reversed en banc JUSTICE HOOD delivered the Opinion of the Court PETITIONS FOR REHEARING NONE

4 PETITIONS FOR WRIT OF CERTIORARI No. 14SC990 Court of Appeals Case No. 10CA1477 Andres Castillo, Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issues: Whether the court of appeals erred in finding that erroneously instructing the jury on the provocation exception to self-defense was harmless error where the exception was unsupported by the evidence and where, in closing, the prosecutor asked the jury to apply the exception by misstating the evidence. Whether the court of appeals erred by holding that the trial court did not err by instructing the jury on the initial aggressor exception to self-defense. DENIED AS TO ALL OTHER ISSUES. 4

5 No. 15SC83 Adams County District Court Case No. 14CV30380 Donald Johnson, Petition for Writ of Certiorari GRANTED. EN BANC. Summary of the Issue: Whether the state s motion to change payee constitutes a new restitution request subject to the requirements of section , C.R.S. (2015). DENIED AS TO ALL OTHER ISSUES. No. 15SC91 Court of Appeals Case No. 11CA227 Marcus Anthony Leyba, 5

6 No. 15SC148 Court of Appeals Case No. 12CA8 Christopher Ryan Keene, No. 15SC195 Court of Appeals Case No. 13CA1791 Tony Singleton, No. 15SC243 Court of Appeals Case No. 12CA1144 Ronald Clanton, 6

7 No. 15SC265 Court of Appeals Case No. 09CA1800 Jose Francisco Hernandez, No. 15SC282 Court of Appeals Case No. 11CA788 Allen M. Kallweit, No. 15SC330 Court of Appeals Case No. 13CA2014 Petitioners: Malley Heights, LLC, a California limited liability company; Behnam Rafalian, an individual; and Khachik Toomians, an individual, Respondents: Standard Insurance Company, an Oregon corporation; Liberty Life Assurance Company of Boston, a Massachusetts stock insurance company; Liberty Mutual Fire Insurance Company, a Massachusetts stock insurance company; Liberty Mutual Insurance Company, a Massachusetts stock insurance company; Peerless Insurance Company, a New Hampshire corporation; and Behnam Rafalian. 7

8 No. 15SC353 Court of Appeals Case No. 11CA1563 Marvin Dale Bredemeier, Jr., No. 15SC358 Court of Appeals Case No. 12CA1944 Carl Dean Berggren, JUSTICE GABRIEL does not participate. No. 15SC363 Court of Appeals Case No. 13CA1398 Fabian Valdez, 8

9 No. 15SC396 Court of Appeals Case No. 12CA2598 The People of the State of Colorado, Lonnie Ray Jarrell. CHIEF JUSTICE RICE and JUSTICE BOATRIGHT would grant as to the following issue: When a defendant in a child sexual assault case asserts a defense that the victim s accusations were the result of repeated suggestive and coercive questioning and coaching, whether it is plain error for the trial court to admit expert testimony about the general suggestibility of children under CRE 702. JUSTICE HOOD does not participate. No. 15SC404 Court of Appeals Case No. 12CA965 Billy David Mackey, 9

10 No. 15SC407 Court of Appeals Case No. 11CA1666 Frank Lee Miller, No. 15SC416 Court of Appeals Case No. 12CA1782 Robert J. Watkins, No. 15SC418 Court of Appeals Case No. 14CA456 In re the Support of S.A.S., and Concerning Shawn P. Senecaut, and Kristina L. Senecaut. 10

11 No. 15SC422 Court of Appeals Case No. 12CA856 Joseph Christopher Chavez, No. 15SC423 Court of Appeals Case No. 13CA175 Shawn Paul Spomer, No. 15SC428 Court of Appeals Case No. 13CA64 Warren Thomas Washington, 11

12 No. 15SC429 Arapahoe County District Court Case No. 14CV31700 Petitioner/Cross- Jason Spengler, Respondent/Cross- Action Appliance, Inc. Petition and Cross- No. 15SC445 Court of Appeals Case No. 14CA732 Kirk Williams, Crop Production Services, Inc. No. 15SC473 Court of Appeals Case No. 14CA128 David K. Jenner, JUSTICE COATS does not participate. 12

13 No. 15SC479 Court of Appeals Case No. 13CA1652 George Douglas Vaughan, No. 15SC483 District Court, City and County of Denver, Case No. 14CV33153 Latonya Johnson, No. 15SC509 Court of Appeals Case No. 13CA180 Nicholas Lee Shauley, 13

14 No. 15SC510 Court of Appeals Case No. 12CA851 Richard W. Impellizine, No. 15SC516 Court of Appeals Case No. 15CA788 Robert J. Montano, Respondents: Colorado Industrial Claim Appeals Office and Massa Auto Pawn Inc. No. 15SC519 Court of Appeals Case No. 14CA215 Donald Ray Gonzales, 14

15 No. 15SC520 Court of Appeals Case No. 13CA1060 Nathan Isaac Poindexter, No. 15SC521 Court of Appeals Case No. 13CA8 Chester Lee Reneau, No. 15SC522 Court of Appeals Case No. 12CA1724 William B. Eller, 15

16 No. 15SC523 Court of Appeals Case No. 11CA2526 Roberto Mejia-Ortiz, JUSTICE GABRIEL does not participate. No. 15SC527 Court of Appeals Case No. 13CA1685 Amir Shedika Bland, No. 15SC528 Court of Appeals Case No. 14CA1238 Thomas Eugene Williamson, 16

17 No. 15SC529 Court of Appeals Case No. 07CA2010 Charalene Dawn Bera, No. 15SC531 Court of Appeals Case No. 14CA947 Jesus Diaz-Hernandez, No. 15SC532 Court of Appeals Case No. 14CA90 Edward R. Brown, 17

18 No. 15SC533 El Paso County District Court Case No. 14CV32294 Toni Kimerling, No. 15SC539 Court of Appeals Case No. 10CA943 Warren Emery Worthington, No. 15SC541 Court of Appeals Case No. 13CA1738 Alvaro Iven Carbajal, 18

19 No. 15SC545 Court of Appeals Case No. 13CA1192 Sheila Mae Lamb, No. 15SC547 Court of Appeals Case No. 14CA597 Petitioners: Quartz Hill Mining, LLC, a Colorado limited liability company; and Superior Gold, LLC, a Colorado limited liability company, Respondents: The Estate of William B. Kemper and the Estate of Marjorie Robbins Daggett. No. 15SC549 Weld County District Court Case No. 14CV31117 Byron McArthur, 19

20 No. 15SC550 Court of Appeals Case No. 12CA2066 Mario Valerio Castillon, No. 15SC551 Court of Appeals Case No. 14CA1221 Misty Dawn Jolene Harris, No. 15SC557 Court of Appeals Case No. 14CA330 Randy Jackson, 20

21 No. 15SC559 Court of Appeals Case No. 14CA134 Saladin Siddiq Abdul Wali, JUSTICE MÁRQUEZ does not participate. No. 15SC564 Court of Appeals Case No. 13CA395 Gina Marie Tricamo, No. 15SC566 Elbert County District Court Case No. 15CV30010 Timothy M. Thies, 21

22 No. 15SC569 Court of Appeals Case No. 13CA1897 Stephen Demetrius Clark, No. 15SC570 Court of Appeals Case No. 14CA1780 Joseph Manuel Sierra, JUSTICE MÁRQUEZ does not participate. No. 15SC579 Weld County District Court Case No. 14CV31116 Jeremy Tomlinson, 22

23 No. 15SC580 Court of Appeals Case No. 11CA2573 David William Lucero, JUSTICE GABRIEL does not participate. No. 15SC585 Court of Appeals Case No. 14CA470 Michael James Stovall, No. 15SC586 Court of Appeals Case No. 14CV1085 Patrick L. Brenner, Respondents: Executive Director of the Colorado Department of Corrections, and Warden of the Colorado Territorial Correctional Facility. 23

24 No. 15SC587 Court of Appeals Case No. 14CA683 Hazhar A. Sayed, Colorado Department of Corrections. No. 15SC714 Court of Appeals Case No. 13CA1305 Petitioner/Cross- Ervin Isom, Respondent/Cross- Petition and Cross-Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issues: Whether section (2), C.R.S. (2014) and section (1)(c), C.R.S. (2014) authorize a court to sentence an habitual sex offender against children to an indeterminate prison sentence with a lower term of up to six times the maximum in the presumptive range if the court finds extraordinary aggravating circumstances under section , C.R.S. (2014). Whether the court of appeals erred in reading the habitual sex offender against children sentencing provisions to: create a sentencing range for the lower term of the indeterminate sentence of three times the maximum of the presumptive range to six times the presumptive maximum; and require a finding of extraordinary aggravating circumstances before a trial court may impose a sentence with a lower term greater than three times the maximum of the presumptive range. 24