Rodriguez v. People Of The State Of Colo., 09SC132.

Docket NºNo. 09SC132.
Citation238 P.3d 1283
Case DateSeptember 20, 2010
CourtSupreme Court of Colorado

238 P.3d 1283

Karen S. RODRIGUEZ, Petitioner
v.
The PEOPLE of the State of Colorado, Respondent.

No. 09SC132.

Supreme Court of Colorado,En Banc.

Sept. 20, 2010.


Certiorari to the Colorado Court of Appeals, Court of Appeals Case No. 05CA2591.

Samler and Whitson, P.C., Eric A. Samler, Denver, CO, Attorney for Petitioner.

John W. Suthers, Attorney General, Katharine J. Gillespie, Assistant Attorney General, Denver, Colorado, Attorneys for Respondent.

PER CURIAM.

Justice Rice, Justice Coats and Justice Eid are of the opinion that the judgment of the court of appeals in People v. Rodriguez, 209 P.3d 1151 (Colo.App.2008) should be affirmed, whereas Chief Justice Mullarkey, Justice Hobbs and Justice Martinez are of the opinion that it should be reversed.

Since the court is equally divided, the decision of the court of appeals is affirmed by operation of law. See C.A.R. 35(e).

Justice BENDER does not participate.

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29 cases
  • People v. Greer, 08CA0329.
    • United States
    • Colorado Court of Appeals of Colorado
    • April 21, 2011
    ...P.3d at 240–42 (guilty plea waives nonjurisdictional claims of error); People v. Rodriguez, 209 P.3d 1151, 1160 (Colo.App.2008), aff'd, 238 P.3d 1283 (Colo.2010); People v. Lopez, 129 P.3d 1061, 1065 (Colo.App.2005); People v. Salyer, 80 P.3d 831, 835 (Colo.App.2003) (particular argument on......
  • People v. Wester-Gravelle, Court of Appeals No. 16CA1010
    • United States
    • Colorado Court of Appeals of Colorado
    • June 28, 2018
    ...And a waiver leaves nothing for an appellate court to review. People v. Rodriguez , 209 P.3d 1151, 1160 (Colo. App. 2008), aff'd , 238 P.3d 1283 (Colo. 2010).¶ 74 Next, defendant has not provided any good cause for why she did not file a Rule 12(b)(2) motion before trial. "[T]he ‘good cause......
  • People v. Phillips, 08CA2013.
    • United States
    • Colorado Court of Appeals of Colorado
    • October 25, 2012
    ...right to confront adverse witnesses. See People v. Rodriguez, 209 P.3d 1151, 1156–57 (Colo.App.2008), aff'd by an equally divided court,238 P.3d 1283 (Colo.2010)(per curiam). ¶ 51 Because the trial court made the requisite findings under Craig, 497 U.S. at 855–56, 110 S.Ct. 3157, and carrie......
  • People v. Gwinn, Court of Appeals No. 16CA1884
    • United States
    • Colorado Court of Appeals of Colorado
    • September 6, 2018
    ...will not be disturbed on review absent an abuse of discretion. People v. Rodriguez , 209 P.3d 1151, 1160-61 (Colo. App. 2008), aff’d , 238 P.3d 1283 (Colo. 2010). A court abuses its discretion if its decision is manifestly arbitrary, unreasonable, or unfair, or based on an erroneous underst......
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