Consolidated Case Nos. 04SA396 and 05SA22, State of Colorado v. City and County of Denver and Sternberg v. City and County of Denver.
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1 Opinions of the Colorado Supreme Court are available to the public and can be accessed through the Court s homepage at Opinions are also posted on the Colorado Bar Association homepage at ADVANCE SHEET HEADNOTE June 5, 2006 Consolidated Case Nos. 04SA396 and 05SA22, State of Colorado v. City and County of Denver and Sternberg v. City and County of Denver. By operation of law, the judgments of the trial courts in State of Colorado v. City and County of Denver, case number 03CV3809, and in Sternberg v. City and County of Denver, case number 03CV8609, are affirmed. See C.A.R. 35(e).
2 SUPREME COURT, STATE OF COLORADO Two East 14th Avenue Appeal from the District Court City and County of Denver, Case No. 03CV3809 Honorable Joseph E. Meyer III, Judge Appeal from the District Court City and County of Denver, Case No. 03CV8609 Honorable Larry Manzanares, Judge Case No. 04SA396 Consolidated Cases Case No. 04SA396 Case No. 05SA22 Defendants Appellants/Cross Appellees: STATE OF COLORADO and BILL OWENS, in his official capacity as Governor of the State of Colorado, v. Plaintiffs Appellees/Cross Appellants: CITY AND COUNTY OF DENVER, a home rule municipal corporation of the State of Colorado; and JOHN W. HICKENLOOPER, as Mayor of the City and County of Denver. Case No. 05SA22 Plaintiff Appellant: JOHN A. STERNBERG, v. Defendants Appellees: * * * * * * * CITY AND COUNTY OF DENVER, a home rule municipal corporation of the State of Colorado; and JOHN W. HICKENLOOPER, as Mayor of the City and County of Denver. JUDGMENTS AFFIRMED BY OPERATION OF LAW EN BANC June 5, 2006
3 John W. Suthers, Attorney General Robert H. Dodd, Jr., Assistant Attorney General Steve G. Smith, Assistant Attorney General Business and Licensing Section Attorneys for State of Colorado and Bill Owens, in his official capacity as Governor of the State of Colorado Stephen P. Halbrook Fairfax, Virginia Anne Whalen Gill, P.C. Anne Whalen Gill Castle Rock, Colorado Attorneys for John A. Sternberg Cole Finegan, City Attorney, City and County of Denver David W. Broadwell, Assistant City Attorney Attorneys for City and County of Denver, a home rule municipal corporation of the State of Colorado; and John W. Hickenlooper, as Mayor of the City and County of Denver Colorado Municipal League Erin E. Goff Geoffrey T. Wilson Attorneys for Amicus Curiae the Colorado Municipal League Patricia K. Kelly, City Attorney/Chief Legal Officer, City of Colorado Springs Lori R. Miskel, Senior Attorney Colorado Springs, Colorado Attorneys for Amicus Curiae City of Colorado Springs 2
4 Hale Friesen, LLP Richard A. Westfall Attorneys for Amicus Curiae National Rifle Association Institute for Legislative Action Thomas C. Miller Attorney for Amicus Curiae Rocky Mountain Gun Owners Law Offices of Anthony J. Fabian Anthony J. Fabian Castle Rock, Colorado Attorneys for Amicus Curiae Colorado State Shooting Association William H. Louis, County Attorney of El Paso County, Colorado Lori L. Seago, Assistant County Attorney Colorado Springs, Colorado Attorneys for Amici Curiae Board of County Commissioners of El Paso County, Colorado; Sheriff Jim Alderden, Larimer County; and County Sheriffs of Colorado, Inc. PER CURIAM. JUSTICE EID does not participate. 3
5 Chief Justice Mullarkey, Justice Hobbs, and Justice Martinez are of the opinion that the judgments of the trial courts in State of Colorado v. City and County of Denver, case number 03CV3809, and in Sternberg v. City and County of Denver, case number 03CV8609, should be affirmed; whereas Justice Bender, Justice Rice, and Justice Coats are of the opinion that the judgments should be reversed. Justice Eid does not participate. Because the court is equally divided, the judgments of the trial courts in State of Colorado v. City and County of Denver, case number 03CV3809, and in Sternberg v. City and County of Denver, case number 03CV8609, are affirmed by operation of law. See C.A.R. 35(e). 4
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