Category: Colorado Court Opinions

494 P.3d 651 (2021)2021 COA 71 The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Charles Raheen SCOTT, Defendant-Appellant. Court of Appeals No. 18CA0332.Colorado Court of Appeals, Div. V. Announced May 27, 2021.Rehearing Denied June 17, 2021.Appeal from Larimer County District Court No. 17CR1008 Honorable Julie Kunce Field, Judge. JUDGMENT AFFIRMED. Philip J. Weiser, Attorney […]

292 P.3d 924 (2013)2013 CO 4 Richard BEDOR, Petitioner v. Michael E. JOHNSON, Respondent. No. 10SC65. Supreme Court of Colorado, En Banc.January 22, 2013.*925 Counsel Walter H. Sargent, Walter H. Sargent, a professional corporation, Colorado Springs, Colorado, Earl G. Rhodes, Younge & Hockensmith, P.C., Grand Junction, Colorado, for Petitioner. Franklin D. Patterson, Brian D. Kennedy, […]

327 P.3d 311 (2013)2013 COA 177 FRIENDS OF DENVER PARKS, INC.; Renee Lewis; David Hill; Shawn Smith; John Case; Judy Case; Steve Waldstein; and Zelda Hawkins, Plaintiffs-Appellants, v. CITY AND COUNTY OF DENVER; Denver School District No. 1; and Debra Johnson, Clerk and Recorder for the City and County of Denver, Defendants-Appellees. Court of Appeals […]

(361 P.2d 138) THE GENERAL PLANT PROTECTION CORPORATION, ET AL. v. THE INDUSTRIAL COMMISSION OF COLORADO, ET AL. No. 19,280.Supreme Court of Colorado. Decided April 10, 1961. Rehearing denied May 1, 1961. From a judgment affirming an award of the Industrial Commission, the employer and insurance carrier bring error. Reversed. 1. WORKMEN’S COMPENSATION — Injury […]

Victor Arthur Solano Ramos, Plaintiff-Appellee, v. The City of Pueblo, Defendant-Appellant. No. 99CA2299Colorado Court of Appeals. June 7, 2001 Pueblo County District Court, No. 98CV1001, Honorable David A. Cole, Judge. ORDER REVERSED AND CAUSE REMANDED WITH DIRECTIONS Koncilja Koncilja, P.C., Joseph A. Koncilja, Pueblo, Colorado, for Plaintiff-Appellee. Vaughan DeMuro, Gordon L. Vaughan, Shelby Felton-Schnack, Colorado […]

The People of the State of Colorado, Plaintiff-Appellee, v. Sheila Ann Tyler, Defendant-Appellant. No. 90CA1944Colorado Court of Appeals. Decided February 11, 1993. Rehearing Denied March 11, 1993. Certiorari Granted July 12, 1993 (93SC192). Certiorari Granted on the following issues: Whether a trial court’s denial of a suppression motion for being untimely becomes a nullity if […]

205 P.2d 225 WEHNER v. SCHRADER ET AL. No. 16,115.Supreme Court of Colorado. Decided April 4, 1949. An action for money had and received, and involving a broker’s claimed commission in a real-estate transaction. Judgment for plaintiffs. Affirmed. 1. PRINCIPAL AND AGENT — Real-estate Brokers. Where a real-estate broker lists property of the owner for […]

Park J. Estep, Petitioner, v. The Honorable Hunter D. Hardeman, as one of the Judges of the District Court, Fourth Judicial District, State of Colorado, Respondent. No. 85SA47Supreme Court of Colorado. Decided September 3, 1985. Page 524 Original Proceeding Tegtmeier Sears, P.C., Lance M. Sears, Richard L. Tegtmeier, for Petitioner. Hunter D. Hardeman, Pro Se. […]

(368 P.2d 968) ODESSA W. CLARK v. CORNELIA WILLIS AS ADMINISTRATRIX OF ESTATE OF BEN WILLIS, DECEASED, AND ODELLA ANDERSON. No. 19,906.Supreme Court of Colorado. Decided February 5, 1962. Rehearing denied March 5, 1962. Action by heir at law challenging right of widow to administer estate. Judgment for defendants. Affirmed. 1. EXECUTORS AND ADMINISTRATORS — […]

(359 P.2d 8) RICHARD SATTERLEE, ET AL. v. CITY OF AURORA, ET AL. No. 19,228.Supreme Court of Colorado. Decided January 30, 1961. From the granting of a liquor license the protestants bring error. Affirmed. 1. INTOXICATING LIQUOR — License — Protest — Record. Record reviewed and ground of protest held to be without merit. Error […]

(378 P.2d 834) W. VINCENT NOICE, ET AL., v. B. H. JORGENSEN. No. 19,952.Supreme Court of Colorado. Decided February 18, 1963. Motion to dismiss writ of error in action to determine interests in land. Writ of Error Dismissed. 1. PRACTICE AND PROCEDURE — Appeal and Error — Rules — Motion for New Trial — Failure […]

(574 P.2d 513) David O. Johnson, d/b/a D. O. Johnson Construction Company v. John W. Bovee and Alice M. Bovee, a/k/a John W. Bove and Alice M. Bove and Columbia Savings and Loan Association, a Colorado corporation, and King Lumber Company No. 77-139Colorado Court of Appeals. Decided January 12, 1978. Alleging error in the measure […]

Larry N. Wisehart, Plaintiff-Appellant, v. Michael Meganck and Vectra Bank Colorado, NA, Defendants-Appellees. No. 01CA1327.Colorado Court of Appeals. Division I. August 15, 2002. Rehearing Denied October 10, 2002. Certiorari Denied March 24, 2003. Weld County District Court No. 00CV1330; Honorable William L. West, Judge. JUDGMENT AFFIRMED. Page 125 William C. Danks, Denver, Colorado, for Plaintiff-Appellant. […]

(613 P.2d 639) The People of the State of Colorado v. Carlos DeLeon No. 79CA0347Colorado Court of Appeals. Decided March 27, 1980. Rehearing denied April 24, 1980. Defendant appealed his conviction by a jury of attempt to commit third degree sexual assault by force, intimidation, and threat. Affirmed 1. CRIMINAL LAW — Elements — Attempted […]

(389 P.2d 87) In re Interrogatories from the House of Representatives concerning Senate Bill No. 15, Forty-fourth General Assembly. No. 21,143.Supreme Court of Colorado. Decided January 30, 1964. Response to interrogatories submitted by House of Representatives. Answered in Affirmative. 1. CONSTITUTIONAL LAW — Answer to Interrogatories. In response to interrogatories propounded by House of Representatives, […]

Randy Prefer, Appellant, v. PharmNetRx, LLC, and PharmNetRx, Inc., Appellees. No. 99CA0650Colorado Court of Appeals. October 12, 2000 Appeal from the District Court of Jefferson County, Honorable Leland P. Anderson, Judge, Honorable Harold D. Reed, Judge, Nos. 97CV1685 97CV1686. JUDGMENT AND ORDERS AFFIRMED IN PART, REVERSED IN PART, AND CAUSE REMANDED WITH DIRECTIONS. Page 845 […]

David W. Griffith, Petitioner-Appellant, v. Ed D. Nelson, Sheriff of Arapahoe County, State of Colorado, Respondent-Appellee. No. 81SA570Supreme Court of Colorado. Decided June 21, 1982. Appeal from the District Court of the County of Arapahoe, Honorable Kenneth K. Stuart, Judge. J. Gregory Walta, Colorado State Public Defender, Nicholas R. Massaro, Jr., Deputy State Public Defender, […]

(595 P.2d 269) Silver Core Mining Company, a Colorado corporation v. Vincent T. DeBell, Vincent T. DeBell, Jr., Robert R. Miner, Jack C. Goodenough and Vega Mining Company, a Colorado corporation No. 77-880Colorado Court of Appeals. Decided February 8, 1979. Rehearing denied March 15, 1979. Plaintiff appealed from a judgment which quieted title in defendants […]

496 P.2d 1073 Ben R. Poznik v. Urton Co. and Henrietta B. Urton, Jr. No. 70-687Colorado Court of Appeals. Decided March 21, 1972. Opinion modified and as modified rehearing denied April 11, 1972. Certiorari granted May 30, 1972. Specific performance of contract for sale of land sought by purchaser. From judgment for plaintiff, seller appealed. […]

The Board of County Commissioners of the County of Weld, State of Colorado, Petitioner-Defendant, v. John P. Slovek, Sr., John P. Slovek, Jr., Gary W. Slovek and Michael S. Slovek, Respondents-Plaintiffs. No. 84SC414Supreme Court of Colorado. Decided August 25, 1986. Certiorari to the Colorado Court of Appeals Page 1310 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

126 P.2d 502 GEORGE W. CLAYTON COLLEGE ET AL. v. COUNTY COURT OF THE CITY AND COUNTY OF DENVER ET AL. No. 15,059.Supreme Court of Colorado. Decided May 18, 1942. A proceeding involving an appeal from a judgment of the county court to the district court concerning a trust created by the will of a […]

In re: Plaintiff: The PEOPLE of the State of Colorado, v. Defendant: Robert R. TURNER, Jr. No. 04SA178.Supreme Court of Colorado. March 28, 2005. Appeal from the Trial Court, Chaffee County, William Alderton, J. Page 640 Molly Chilson, Salida, for Petitioner, Alliance Against Domestic Abuse. Cynthia Sheehan, Jonathan D. Reppucci, Denver, for Defendant. Julie Kunce […]

(612 P.2d 1131) The People of the State of Colorado v. Fannie J. Fordyce No. 80SA5Supreme Court of Colorado. Decided June 23, 1980. Interlocutory appeal by the People seeking review of trial court’s suppression of a statement taken from defendant as involuntary. Ruling Affirmed 1. CRIMINAL EVIDENCE — Statement — Admissible — Voluntary. For a […]

The People of the State of Colorado, Plaintiff-Appellee, v. William H. Madison, Defendant, and Concerning Amwest Surety Insurance Company, Surety, Intervenor-Appellant. No. 94CA1863Colorado Court of Appeals. Decided November 9, 1995 Rehearing Denied November 24, 1996 Appeal from the District Court of the City and County of Denver Honorable Herbert L. Stern, III, Judge No. 92CR3052 […]

Mountain Mobile Mix, Inc. v. Pete Gifford, individually and d/b/a Foothills Concrete, Dale Green, individually and as a partner in Timberridge Construction Co., a partnership, and Timberridge Construction Co., a partnership No. 80CA0474Colorado Court of Appeals. Decided December 26, 1980. Rehearing denied January 29, 1981. Certiorari granted May 4, 1981. Appeal from the District Court […]

(530 P.2d 1276) C. D. Byers v. Brad Leach, Sheriff of Boulder County, Colorado No. 26564Supreme Court of Colorado. Decided January 20, 1975. Petitioner, who was alleged to have violated the terms of his probation, brought habeas corpus proceeding challenging his extradition to Texas. District court discharged the writ and petitioner appealed. Affirmed 1. EXTRADITION […]

78 P.2d 363 FISHER ET AL. v. MINSHALL, ADMINISTRATOR ET AL. No. 14,053.Supreme Court of Colorado. Decided March 21, 1938. Rehearing denied April 29, 1938. A suit to determine disposition to be made of the assets of the estate of a deceased person. Judgment that the assets be used for the carrying out of a […]

The People of the State of Colorado, Plaintiff-Appellant, v. Gary James Heilman, Defendant-Appellee. No. 01SA360Supreme Court of Colorado. April 22, 2002 Interlocutory Appeal from the Larimer, County District Court, Case No. 01CR894, Honorable Arnaud Newton, Judge. ORDER AFFIRMED Page 225 No. 01SA360, People v. Heilman: — Interlocutory Appeal —Fourth Amendment — Consensual Encounter — Prosecution’s […]

Erika Fail, Plaintiff-Appellee and Cross-Appellant, v. Community Hospital, Defendant-Appellant and Cross-Appellee. No. 96CA0004Colorado Court of Appeals. April 10, 1997 Petition for Rehearing DENIED June 19, 1997 Certiorari Granted November 24, 1997 Appeal from the District Court of Mesa County Honorable Amanda D. Bailey, Judge No. 94CV33 JUDGMENT AFFIRMED AND CAUSE REMANDED WITH DIRECTIONS Page 574 […]

Amanda Collins, Linda Costa, John and Mabel Dunn, Mertice Schmidt, Ruth Auchenbach, Sarah J. Porter, Paul Bailey, Cecil and Esther Anderson, Victoria Gits, Barbara and Robert Fulkerson, William and Bette Eisele, Lillian Powell, Shirley Storey, Warren Petty, Stanley Hinson, Max and Frances Glaston, David and Margie Klausner, John Jaeger, Barbara Harris, Bryan Shultz, Linda French, […]

Montezuma County Department of Social Services, Petitioner-Appellee, v. Ray Paul Laner, Respondent-Appellant. No. 96CA1161Colorado Court of Appeals. April 3, 1997 Appeal from the District Court of Montezuma County Honorable Sharon L. Hansen, Judge No. 96DR7 JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CAUSE REMANDED WITH DIRECTIONS Page 904 Bob D. Slough, County Attorney, Cortez, […]

99 P.2d 199 OLSON v. ERICKSON ET AL. No. 14,689.Supreme Court of Colorado. Decided February 5, 1940. A proceeding under the Workmen’s Compensation Act. Claim for compensation denied. Affirmed. 1. WORKMEN’S COMPENSATION — Burden. In workmen’s compensation cases the applicant for compensation must establish his claim by a preponderance of the evidence. 2. Commission Findings […]

(293 P.2d 646) FRANK EDWARD LUTZ v. PEOPLE OF THE STATE OF COLORADO. No. 17,762.Supreme Court of Colorado. Decided February 14, 1956. Defendant was convicted of murder in the second degree. Affirmed. 1. CRIMINAL LAW — Evidence — Good Character. A defendant in a criminal case may present evidence of his good character and reputation, […]

Bad Boys of Cripple Creek Mining Company, Inc., a Colorado corporation, and David G. Graham, Plaintiffs-Appellants, v. City of Cripple Creek, Colorado, a Colorado municipal corporation, and Gaynell Holcomb, Teller County Treasurer, Defendants-Appellees. No. 99CA0115Colorado Court of Appeals. February 17, 2000 Appeal from the District Court of Teller County, Honorable Michael J. Heydt, Judge, No. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Freddie D. Hodge, Defendant-Appellant. No. 82CA0055Colorado Court of Appeals. Decided June 21, 1984. Opinion Modified and as Modified Rehearing Denied July 19, 1984. Certiorari Denied January 14, 1985. Appeal from the District Court of the City and County of Denver Honorable Raymond Dean Jones, Judge Page […]

(360 P.2d 451) IRENE L. SAMELSON v. MOREY A. SAMELSON. No. 19,439.Supreme Court of Colorado. Decided March 20, 1961. From award of alimony in a divorce action, the plaintiff brings error. Affirmed. 1. DIVORCE — Alimony — Award — Discretion of Court. The question of whether alimony is to be awarded and the amount thereof […]

The Colorado Springs Teacher Association, James F. Diers, Rene L. Mundorff, Hugh Parkhill, and Terry E. Sapp v. School District No. 11 in the County of El Paso No. 80CA0108Colorado Court of Appeals. Decided October 9, 1980. Rehearing denied November 20, 1980. Appeal from the District Court of El Paso County, Honorable William M. Calvert, […]

100 P.2d 162 SMITH v. STAPLETON, Mayor of Denver. No. 14,436.Supreme Court of Colorado. Decided March 4, 1940. Suit in mandamus to compel reinstatement of petitioner as matron of the city jail and to include her name in the classified civil service list. Judgment of nonsuit. Affirmed. 1. CIVIL SERVICE — Provisional Appointees — Removal. […]

CONSTITUTION ASSOCIATES, STEPHEN M. FIELD, MYRA G. FIELD, MARGARET SOFRO, and HOWARD P. SUMMERS, Petitioners, v. NEW HAMPSHIRE INSURANCE COMPANY, Respondent. AMERICAN MOTORISTS INSURANCE COMPANY, an Illinois corporation, Petitioner, v. CONNECTICUT GENERAL LIFE INSURANCE COMPANY, a Connecticut corporation, Respondent. Nos. 95SC563, 95SC688Supreme Court of Colorado. December 16, 1996 Opinion Modified, and as Modified, Petition Rehearing […]

ALH Holding Company, an Arizona corporation, Plaintiff-Appellee, v. Bank of Telluride, a Colorado banking association, Defendant-Appellant. No. 97CA1805Colorado Court of Appeals. April 1, 1999 Appeal from the District Court of San Miguel County, Honorable Robert A. Brown, Judge, No. 97CV60 JUDGMENT REVERSED AND CAUSE REMANDED WITH DIREIONS Bendelow Darling, P.C., Edward M. Bendelow, Jeffrey R. […]

Jeffrey Marcus Pease, Petitioner, v. The District Court in and for the Ninth Judicial District, State of Colorado, and The Honorable Judson E. DeVilbiss, one of the Judges thereof, Respondents. No. 84SA415Supreme Court of Colorado. Decided November 4, 1985. Opinion modified and, as modified. Rehearing Denied December 2, 1985. Original Proceeding Page 801 Haddon, Morgan […]

(421 P.2d 732) John L. Stevens and Clara M. Stevens v. Liberty Loan Corporation of Jefferson. No. 22169Supreme Court of Colorado. Decided December 27, 1966. Action by corporate payee against makers to recover the unpaid balance of a promissory note. From an adverse judgment, the defendants bring error. Affirmed in Part, Reversed in Part. 1. […]

(355 P.2d 655) ALDEN CRONIN, ET AL., ETC. v. JACK L. WARD, ET AL. No. 19,338.Supreme Court of Colorado. Decided October 3, 1960. Proceeding to review granting of liquor license. Judgment for plaintiffs. Reversed. 1. LICENSES — Licensing Officer — Discretion. The discretion of a licensing officer in granting or denying a license to sell […]

(495 P.2d 216) Adelia Martinez, Adelia Martinez Faidiga, Ray O. Pacheco and Angie Pacheco v. Charles R. Casey, Judge District Court, Fifth Judicial District of the State of Colorado, County of Lake No. 25494Supreme Court of Colorado. Decided April 3, 1972. Original proceeding in which petitioners, defendants in two different actions, sought writ in nature […]

(529 P.2d 628) The People of the State of Colorado v. Jonathan Thornton No. 26155Supreme Court of Colorado. Decided December 23, 1974. Defendant was convicted of second-degree forgery and sentenced to state penitentiary for term of five to nine years from which he appeals pursuant to 1971 Perm. Supp., C.R.S. 1963, 40-1-509. Remanded With Directions […]

(361 P.2d 438) HELEN G. BOURNAKIS v. GUS BOURNAKIS. No. 19,290.Supreme Court of Colorado. Deciding May 1, 1961. From orders relating to value of property awarded in divorce action, the wife brings error. Reversed. 1. DIVORCE — Division of Property — Value — Appraiser — Report. In hearing relating to division of property in divorce […]

173 P.2d 462 PHILIP SCHNEIDER BREWING COMPANY v. SANDOVAL, COUNTY ASSESSOR. SEAMAN ET AL. AS THE COLORADO TAX COMMISSION, INTERVENERS. No. 15,418.Supreme Court of Colorado. Decided October 7, 1946. A suit involving the powers and duties of county tax officials. Judgment for defendant. Reversed. 1. TAXES AND TAXATION — County Taxing Officials — Powers and […]

(484 P.2d 1210) Wallace Gale, Glen Latimer, Mike Woodlee, Ted Graham and James Eddleman v. The People of the State of Colorado. No. 24298.Supreme Court of Colorado. Decided May 17, 1971. Defendants were found guilty of possession of marijuana and conspiracy and brought error. Reversed. 1. SEARCHES AND SEIZURES — Warrant — Consent — Valid […]

68 P.2d 454 RAMSTETTER ET AL. v. MACGINNIS. No. 13,987.Supreme Court of Colorado. Decided May 10, 1937. Suit on promissory note involving foreclosure of a chattel mortgage. Judgment for plaintiff. Affirmed. 1. SALES — Fraud. A purchaser cannot claim to have been deceived and defrauded when he had full opportunity to and did investigate the […]

Plaintiff-Appellant: The People of the State of Colorado, v. Defendant-Appellee: Edward Hardrick. No. 02SA67.Supreme Court of Colorado. September 16, 2002. Interlocutory Appeal from the District Court, City and County of Denver, Case No. 01CR931, Honorable David A. Bottger, Judge ORDER REVERSED AND CASE REMANDED No. 02SA67 — People of the State of Colorado v. Hardrick: […]

208 P.2d 1159 THACH v. DURHAM. No. 15,956.Supreme Court of Colorado. Decided July 11, 1949. An action for damages for breach of contract for the sale and purchase of sheep, and for recovery of down payment. Judgment for plaintiff. Reversed. 1. CONTRACTS — Default. In an action for damages for breach of contract for the […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Darnell WEARE, Defendant-Appellant. No. 04CA0333.Colorado Court of Appeals. October 19, 2006. Appeal from the District Court, City and County of Denver, Martin F. Egelhoff, J. Page 528 John W. Suthers, Attorney General, Paul Koehler, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee. Lapin Viorst, P.C., Anthony Viorst, […]

(407 P.2d 28) Karl R. Hoeprich, Et Al. v. Vincent R. Cummiskey, Et Al. No. 20917Supreme Court of Colorado. Decided November 1, 1965. Action by purchasers to recover a deposit paid upon the execution of contract to purchase a liquor business. Judgment for sellers. Affirmed. 1. SALES — Evidence — Financial Statements — Financial Background […]

(547 P.2d 1267) Perry A. Weissman v. Board of Education of Jefferson County School District No. R-1, State of Colorado and Frank A. Traylor, Richard H. De Voto, Paul R. McEncroe, Lewis E. Steighorst, and Alvin J. Meikeljohn, Jr., as members of said Board No. 26779Supreme Court of Colorado. Decided March 29, 1976. Plaintiff, a […]

The People of the State of Colorado, Complainant, v. Oliver Ezard Frascona, Attorney-Respondent. No. 93SA292Supreme Court of Colorado. Decided January 31, 1994 Original Proceeding in Discipline ATTORNEY SUSPENDED Page 386 Linda Donnelly, Disciplinary Counsel, Kenneth B. Pennywell, Deputy Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant Michael L. Bender, Denver, Colorado, Attorney for Attorney-Respondent EN BANC […]

Christopher J. Mabry, Petitioner, v. Industrial Commission of the State of Colorado (Ex-Officio Unemployment Compensation Commission), Colorado Division of Employment, the Board of Commissioners of the County of Adams, Respondents. No. 83CA0486Colorado Court of Appeals. Decided June 28, 1984. Rehearing Denied August 2, 1984. Review of Order from the Industrial Commission of the State of […]

(366 P.2d 384) MARY LOIS CREACY v. THE INDUSTRIAL COMMISSION OF COLORADO, ET AL. No. 19,713.Supreme Court of Colorado. Decided November 20, 1961. From a judgment affirming denial of claim of widow for lump sum settlement upon remarriage, the claimant brings error. Affirmed. 1. WORKMEN’S COMPENSATION — Award — Death Claim — Widow — Remarriage […]

(407 P.2d 30) John G. Reidesel, d/b/a Reidesel Truck Line, and Richard E. Dickson v. Glenn Blank. No. 20807Supreme Court of Colorado. Decided October 25, 1965. Rehearing denied November 8, 1965. Action for damages for alleged wrongful death and property damage arising out of a rear-end collision of motor trucks. Judgment for plaintiff. Affirmed. 1. […]

The People of the State of Colorado, Plaintiff-Appellee, v. James John Lyle Jeffers, Defendant-Appellant. No. 83SA180Supreme Court of Colorado. Decided October 9, 1984. Appeal from District Court, Arapahoe County Honorable John P. Gately, Judge Page 195 Duane Woodard, Attorney General, Charles B. Howe, Deputy Attorney General, Joel W. Cantrick, Solicitor General, Robert M. Petrusak, Assistant […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee v. Keith Clayton BROOKS, Jr., Defendant-Appellant. No. 08CA0334.Colorado Court of Appeals. May 13, 2010. Rehearing Denied August 26, 2010. Appeal from the District Court, El Paso County, Gilbert A. Martinez, J. John W. Suthers, Attorney General, Corelle M. Spettigue, Assistant Attorney General, Denver, CO, for Plaintiff-Appellee. Keith […]

Thomas L. Peterson, Plaintiff, and CNA Insurance Companies, Plaintiff-Appellant, v. Steven L. Kester, Defendant-Appellee. No. 88CA0937Colorado Court of Appeals. Decided December 14, 1989. Rehearing Denied January 25, 1990. Certiorari Denied May 14, 1990 (90SC107). Appeal from the District Court of El Paso County Honorable Christopher J. Munch, Judge Page 1186 Stuart G. Barr, P.C., Stuart […]

A. L. Appenzeller, O’Neil Bugino, George Buthovick, N. R. Clark, Darrel Criddlebaugh, Kenneth V. Gillette, George Hendershot, Ramon R. Martinez, Roy E. Ottolengui, L.D. Owens, Tony R. Pacheco, Carl E. Pinson, Alfred B. Rubio, John Sanford, Albert V. Walters, Glenn J. Watkins, Harold E. Williamson and Charles Witherwax v. Career Service Authority of the City […]

183 P.2d 571 SUSMAN, ASSIGNEE OF CREDIT FINANCE INDUSTRIAL BANK v. EXCHANGE NATIONAL BANK, EXECUTOR. No. 15,546.Supreme Court of Colorado. Decided July 7, 1947. A garnishment proceeding involving funds deposited in a bank. Judgment for intervener. Affirmed. 1. ESTOPPEL — Elements — Pleading and Proof. The doctrine of estoppel should be applied only when the […]

(426 P.2d 548) Fred E. Stewart and Lorin J. Ponton v. The People of the State of Colorado No. 21293.Supreme Court of Colorado. Decided March 13, 1967. Defendants were convicted of burglary, larceny, conspiracy to commit burglary and conspiracy to commit larceny and brought error. Reversed. 1. BURGLARY — Dollar Bills — Testimony — Relevancy […]

77 P.2d 121 LANE v. THE PEOPLE. No. 14,224.Supreme Court of Colorado. Decided February 21, 1935. Plaintiff in error was convicted of assault and battery. Reversed. On Application for Supersedeas. 1. CRIMINAL LAW — Assault — Information. A criminal information charging only an assault with intent to do bodily harm does not include a battery, […]

74 P.2d 663 PEOPLE EX REL. ATTORNEY GENERAL v. KIMSEY. No. 14,065.Supreme Court of Colorado. Decided October 4, 1937. Proceeding on information and petition of the attorney general filed against respondent charging him as being in contempt of court for practicing law without a license. Rule to show cause discharged. 1. CONTEMPT — Practicing Law […]

Maynard Jacobson, Petitioner-Appellant, v. Pat Sullivan, Sherriff of Arapahoe County, Colorado, Respondent-Appellee. No. 83SA339Supreme Court of Colorado. Decided July 1, 1985. Rehearing Denied August 19, 1985. Appeal from District Court, Arapahoe County Honorable Kenneth K. Stuart, Judge Page 1294 David F. Vela, Colorado State Public Defender, Doug Wilson, Deputy State Public Defender, for Petitioner-Appellant. Duane […]

(599 P.2d 899) The People of the State of Colorado v. Carl David Howard, also known as Dutch McFarland No. 28257Supreme Court of Colorado. Decided September 4, 1979. Appeal by the People in which they seek a determination as a matter of law whether trial court erred in its ruling to suppress an out-of-court identification […]

(591 P.2d 1013) The People of the State of Colorado v. Joe Willie Ferran No. 28327Supreme Court of Colorado. Decided December 4, 1978. Interlocutory appeal by the People from a district court order suppressing the defendant’s confession. Ruling Reversed 1. CRIMINAL EVIDENCE — Prerequisite — Admission — Statements — State — Burden of Proof — […]

Alfred J. Marriott, Plaintiff-Appellant, v. Dr. Stephen Goldstein, Radiologist, Defendant-Appellee, and City and County of Denver, Denver General Hospital, Dr. Harlan Kutscher, Attending Physician, Defendants. No. 82CA0773Colorado Court of Appeals. Decided March 17, 1983. Appeal from the District Court of the City and County of Denver Honorable Robert T. Kingsley, Judge. Page 497 Robert W. […]

556 P.2d 1201 Bernard L. Lowery, Sr. and Joanne M. Lowery v. Ford Hill Investment Co., a partnership, and Wynn D. Crew, as general partner and individually No. C-925Supreme Court of Colorado. Decided November 15, 1976. Rehearing denied December 20, 1976. Action by purchasers to rescind installment sales contract executed for purchase of condominium on […]

Mary Ellen Thulemeyer, Plaintiff-Appellee, v. David E. Wollert, a/k/a David Wollert, Adeline V. Wollert, a/k/a Adeline Wollert, Virginia Vick, and Mary Wilson, Defendants-Appellants. No. 85CA0737Colorado Court of Appeals. Decided October 30, 1986. Rehearing Denied November 26, 1986. Certiorari Denied Wollert March 30, 1987 (86SC437). Appeal from the District Court of Bent County Honorable Durant D. […]

Consolidated Hardwoods, Inc., a Colorado corporation, Plaintiff-Appellee, v. Alexander Concrete Construction Inc., a Colorado corporation, Defendant-Appellant. No. 89CA2094Colorado Court of Appeals. Decided April 11, 1991. Appeal from the District Court of Jefferson County Honorable Michael C. Villano, Judge. Fred W. Clifford, for Plaintiff-Appellee. Carpenter Johnson, P.C., Craig D. Johnson, for Defendant-Appellant. Division I. Opinion by […]

82 P.2d 1117 KISTLER v. KISTLER. No. 14,183.Supreme Court of Colorado. Decided July 11, 1938. Rehearing denied September 19, 1938. Judgment affirmed in department without written opinion, Mr. Chief Justice Burke, Mr. Justice Bakke, Mr. Justice Knous and Mr. Justice Holland participating. Error to the District Court of Arapahoe County, Hon. Samuel W. Johnson, Judge. […]

Kevin MINH LE, d/b/a Marina Pointe Liquors, Plaintiff-Appellant v. COLORADO DEPARTMENT OF REVENUE, Liquor Enforcement Division, Defendant-Appellee. No. 07CA0927.Colorado Court of Appeals. May 29, 2008. Appeal from the District Court, City and County of Denver, J. Stephen Phillips, J. Page 1248 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

206 P.2d 345 JOHNSON ET. AL. v. GEORGE. No. 16,108.Supreme Court of Colorado. Decided April 25, 1949. Rehearing denied May 23, 1949. An action for specific performance of a contract for the sale and purchase of real property. Judgment for plaintiff. Affirmed. 1. VENDOR AND PURCHASER — Real Property — Contracts. When possession is taken […]

N.K. Sharma, Plaintiff-Appellee, v. Michele A. Vigil and Russell E. Vigil, Defendants-Appellants. No. 97CA1706Colorado Court of Appeals. September 3, 1998 Rehearing Denied October 1, 1998 Appeal from the District Court of the City and County of Denver, Honorable Joseph E. Meyer, III, Judge No. 96CV3323. ORDER AFFIRMED No Appearance for Plaintiff-Appellee. Michele A. Vigil, Pro […]

(276 P.2d 750) BAIRD, AS NEXT FRIEND OF BRUMFIELD v. HOWARD ET AL. No. 17,380.Supreme Court of Colorado. Decided November 22, 1954. An action involving the cancellation of a contract and demand for the return of the money consideration paid thereunder. Judgment for defendants. PER CURIAM. Judgment affirmed en banc without written opinion. Error to […]

Susan D. MILLER, Plaintiff-Appellant, v. Carol L. BRANNON, Defendant-Appellee. No. 08CA0581.Colorado Court of Appeals. March 5, 2009. Appeal from the Larimer County District Court, Stephen J. Schapanski, J. Page 924 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 925 [EDITORS’ NOTE: THIS […]

120 P.2d 189 MELVILLE ET AL. v. WEYBREW ET AL. No. 14,926.Supreme Court of Colorado. Decided November 17, 1941. Rehearing denied December 8, 1941. A proceeding involving demurrers to a complaint, and a motion to discharge a receiver. The demurrers were overruled and the motion denied. Judgment Denying Motion, Affirmed. 1. PLEADING — Demurrer — […]

The People of the State of Colorado, Plaintiff-Appellee, v. Kevin R. Willcoxon, Defendant-Appellant. No. 01CA0524Colorado Court of Appeals. December 5, 2002 Rehearing Denied April 3, 2003 Fremont County District Court No. 00CR0079; Honorable John Anderson, Judge. JUDGMENT AFFIRMED AND CASE REMANDED WITH DIRECTIONS. Division V Rothenberg and Webb, JJ., concur Page 818 Ken Salazar, Attorney […]

L.G., Petitioner, v. The People of the State of Colorado, Respondent. In the Interest of K.G., a Child, and Concerning M.G. No. 93SC687Supreme Court of Colorado. Decided February 21, 1995. Petition for Rehearing DENIED, March 20, 1995. Certiorari to the Colorado Court of Appeals. JUDGMENT REVERSED. Page 648 The Law Office of John B. Ciccolella, […]

141 P.2d 171 LAKESIDE PARK COMPANY v. WEIN. No. 15,325.Supreme Court of Colorado. Decided August 31, 1943. An action for damages for personal injuries. Judgment for plaintiff. Affirmed. On Application for Supersedeas. 1. AMUSEMENTS — Exhibition — Grounds — Damages. Where the management of a park leased a part of it to the employees of […]

249 P.2d 146 COLORADO STATE BOARD OF EXAMINERS OF ARCHITECTS ET AL. v. DISTRICT COURT ET AL. No. 16,918.Supreme Court of Colorado. Decided September 29, 1952. A proceeding involving the refusal of the board to “grant to the plaintiff a certificate to practice architecture in the State of Colorado.” 1. ACTIONS — Joinder of Causes […]

The People of the State of Colorado, Plaintiff-Appellee, v. Richard Steven Metcalf, Defendant-Appellant. Nos. 97CA1745, 97CA2056Colorado Court of Appeals. April 29, 1999 Appeal from the District Court of Mesa County, Honorable Charles A. Buss, Judge, Nos. 90CR242 and 90CR243. ORDER AFFIRMED. Page 582 Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, […]

(453 P.2d 606) Thomas J. Carlile v. Peter Kiewit Sons’ Company. No. 22603.Supreme Court of Colorado. Decided May 5, 1969. From judgment of trial court holding corporate officer individually liable on promissory note, error was brought. Affirmed by Operation of Law. Error to the District Court of Arapahoe County, Honorable Robert B. Lee, Judge. Richard […]

(440 P.2d 155) Alfred E. Koenig v. J. Leonard Gaines and George W. Crawford. No. 22058.Supreme Court of Colorado. Decided April 8, 1968. Rehearing denied May 6, 1968. Action seeking an order enjoining defendants from obstructing an alleged public road. Judgment for defendants. Affirmed. 1. ABANDONMENT — Nonuser — Intent — Evidence — Finding. Nonuser […]

197 P.2d 160 SWEET ET AL. v. WOLF ET AL. No. 15,954.Supreme Court of Colorado. Decided August 23, 1948. An action to quiet title to mining property. The trial court entered a decree quieting title in plaintiffs. Affirmed. Error to the District Court of Chaffee County, Hon. Joseph D. Blunt, Judge. Mr. JOHN M. BOYLE, […]

The People of the State of Colorado, Plaintiff-Appellant, v. Larry Ray Trimble, Defendant-Appellee. No. 92SA93Supreme Court of Colorado. Decided November 9, 1992. Appeal from the District Court, Alamosa County Honorable O. John Kuenhold, Judge Douglass F. Primavera, District Attorney, Robert L. Kruse, Jr., Deputy District Attorney, for Plaintiff-Appellant. Motz, Gonzales Martinez, William A. Martinez, for […]

(267 P.2d 660) PLATT v. VIC HEBERT, INC., ET AL. No. 17,139.Supreme Court of Colorado. Decided February 23, 1954. Rehearing denied March 15, 1954. An action for damages for personal injuries allegedly resulting when plaintiff was knocked down and injured by defendants. Judgment for defendants. PER CURIAM. Judgment affirmed en banc without written opinion. Error […]

Empire Casualty Company, a Corporation, Petitioner in 85SC362, v. St. Paul Fire and Marine Insurance Company, a corporation, Chicago Insurance Company, a corporation, and Continental Casualty Company, Respondents in 85SC362, and Chicago Insurance Company, a corporation, Petitioner in 85SC380, v. Continental Casualty Company, Respondent in 85SC380. No. 85SC362 No. 85SC380Supreme Court of Colorado. Decided November […]

(410 P.2d 164) The People of the State of Colorado, Plaintiff, v. Patton Richard Anderson, Defendant. No. 21351Supreme Court of Colorado. Decided January 24, 1966. Defendant was charged with murder, conspiracy to commit murder, robbery and conspiracy to commit robbery. From a judgment entered upon a directed verdict of not guilty by reason of insanity […]