ANNOUNCEMENTS

COLORADO SUPREME COURT

MONDAY, NOVEMBER 23, 2009
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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
section the day the changes are announced.

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

OPINIONS

SUPREME COURT, STATE OF COLORADO Case No. 08SA224

Two East 14th Avenue
Denver, Colorado 80203

Appeal from the District Court

Water Division 1, Case Nos. 03CW99 & 03CW177
Honorable Roger A. Klein, Judge

Concerning the Application for Water Rights of Well Augmentation

Subdistrict of the Central Colorado Water Conservancy District and South
Platte Well Users Association in Adams, Morgan and Weld Counties.

Applicants-Appellants:

Well Augmentation Subdistrict of the Central Colorado Water Conservancy

District and South Platte Well Users Association,

v.

Opposers-Appellees:

City of Aurora; Bijou Irrigation Company; Bijou Irrigation District; City

of Boulder; Centennial Water and Sanitation District; Pawnee Well Users
Inc.; Cache La Poudre Water Users Association; Lower Latham Reservoir
Company; New Cache La Poudre Irrigating Company; City of Black Hawk; City
and County of Denver; Ducommun Business Trust; City of Sterling; East
Cherry Creek Valley Water and Sanitation; Public Service Company of
Colorado; City of Englewood; Fort Morgan Reservoir; Jackson Lake
Reservoir; The Farmers Reservoir and Irrigation Company; United Water and
Sanitation District; City of Greeley; Harmony Ditch Company;
Irrigationists’ Association; Lupton Ditch Co. & Lupton Meadows Ditch Co.;
North Poudre Irrigation Company; Riverside Irrigation District; Riverside
Reservoir & Land Company; South Adams County Water & Sanitation District;
State & Division Engineers; The Henrylyn Irrigation District; City of
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Thornton; Westfarm LLC; City of Westminster; and Greeley Irrigation
Company,

and

Appellee Pursuant to C.A.R. 1(e):

James Hall, Division Engineer for Water Division No. 1.

JUDGMENT AFFIRMED IN PART AND REVERSED IN PART

EN BANC

JUSTICE MARTINEZ delivered the Opinion of the Court.

JUSTICE COATS concurs in part and dissents in part.
JUSTICE EID does not participate.

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MONDAY, NOVEMBER 23, 2009
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PETITIONS FOR REHEARING

SUPREME COURT, STATE OF COLORADO Case No. 08SA354

Two East 14th Avenue
Denver, Colorado 80203

Appeal from the District Court

Water Division 7, Case No. 04CW085
Honorable Gregory G. Lyman, Judge

Concerning the Application for Water Rights of the Pagosa Area Water and
Sanitation District and the San Juan Water Conservancy District in the
San Juan River and its Tributaries in Archuleta County.

Applicants-Appellees:

Pagosa Area Water and Sanitation District and San Juan Water Conservancy
District,

v.

Opposer-Appellant:

Trout Unlimited,

and

Appellees pursuant to C.A.R. 1(e):

Dick Wolfe, State Engineer and Rege Leach, Division 7 Water Engineer.

Opinion modified, and as modified, Petition for Rehearing DENIED. EN

BANC.

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SUPREME COURT, STATE OF COLORADO Case No. 08SC378

Two East 14th Avenue
Denver, Colorado 80203

Certiorari to the Colorado Court of Appeals

Court of Appeals Case No. 06CA532

Petitioner:

Charles M. Krutsinger,

v.

Respondent:

The People of the State of Colorado.

Petition for Rehearing DENIED. EN BANC.

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PETITIONS FOR WRIT OF CERTIORARI

No. 09SC194
Court of Appeals Case No. 07CA2302

Petitioner:
Karyn S. Palgut,
v.
Respondent:
City of Colorado Springs, State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.

JUSTICE MARTINEZ would grant as to the following issue:

Whether, as it was the intention of the General Assembly in enacting

the Colorado Open Records Act (“CORA”) that public records be open for
inspection unless a specific exception applies, the court of appeals
erred by broadly construing the CORA exception “when such inspection
is prohibited…by the order of any court” to allow inspection of public
records to be denied based on a civil discovery order which (a) does
not specifically “prohibit” inspection, and (b) which incorporates
standards for disclosure or production of materials, such as relevance
to the litigation, which are not valid grounds for denying inspection
of records under CORA.
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No. 09SC325
Court of Appeals Case No. 08CA301

Petitioner:
Gomcindo DeHerrera,
v.
Respondent:
American Family Mutual Insurance Company.

Petition for Writ of Certiorari DENIED. EN BANC.

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No. 09SC450
Court of Appeals Case No. 07CA1646

Petitioner:
The People of the State of Colorado,
v.
Respondent:
Gerardo Joel Delacruz.

Petition for Writ of Certiorari DENIED. EN BANC.

CHIEF JUSTICE MULLARKEY and JUSTICE RICE would grant as to the

following issue:

Whether prospective jurors expressed bias by raising their hands in

response to a voir dire question and, if so, whether the court of
appeals erred in holding that the trial court abused its discretion in
denying challenges to those prospective jurors for cause.
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No. 09SC553
Court of Appeals Case Nos. 06CA2630 & 07CA1961

Petitioner:
John Arthur Debella,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari GRANTED. EN BANC.

Summary of Issue:

Whether the court of appeals erred in concluding the trial court did
not commit reversible error by permitting the jury – over defense
objection and without a request from the jury – to review during
deliberations an ex parte videotaped interview of the victim without
limiting the jury’s use of the videotape and without instructing the
jury not to place undue emphasis on the videotape.

DENIED AS TO ALL OTHER ISSUES.

JUSTICE BENDER does not participate.

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No. 09SC639
Court of Appeals Case No. 08CA2086

Petitioner:
Jamie Shane Atencio,
v.
Respondent:
The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.

CHIEF JUSTICE MULLARKEY would grant as to the following issue:

Where a person has been adjudicated guilty of more than one charge of
unlawful sexual behavior, must those charges have been adjudicated in
separate cases to qualify as “more than one conviction” under
subsection 16-22-113(3)(c).
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No. 09SC847
Court of Appeals Case No. 09CA998

Petitioner:
N.U.,
v.
Respondent:
The People of the State of Colorado.
In the Interest of Minor Children:
C.C. and M.C.-U.

Petition for Writ of Certiorari DENIED. EN BANC.

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No. 09SC851
Court of Appeals Case No. 09CA1869

Petitioner:
United Fire Group, as Subrogee of Metamorphosis Salon,
v.
Respondent:
Gary J. Powers, d/b/a Powers Electric, Inc.

Petition for Writ of Certiorari DENIED. EN BANC.

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