Category: Colorado Court Opinions

(517 P.2d 389) The People of the State of Colorado v. Michael John Larkin No. 25572Supreme Court of Colorado. Decided December 24, 1973. Defendant was convicted for (1) having an incendiary device under his control contrary to the statute, and (2) conspiring to possess explosives or incendiary devices contrary to the statute and appealed. Reversed […]

55 P.2d 1329 HARTZLER v. RUSSELL GULCH SMELTING COMPANY. No. 13,731.Supreme Court of Colorado. Decided March 9, 1936. On petition in intervention in a suit on promissory notes. Petition dismissed. Reversed. 1. INTERVENTION — Corporations — Stockholders. In a suit against a corporation on its promissory notes, a minority stockholder petitioning to intervene, and alleging […]

(497 P.2d 1261) The People of the State of Colorado v. George Dago No. 24867Supreme Court of Colorado. Decided June 19, 1972. Defendant was convicted of aggravated robbery and appealed. Affirmed 1. CRIMINAL EVIDENCE — Similar Offenses — Admissible — Limited Purpose. Evidence of similar offenses is admissible when it is offered for the limited […]

The People of the State of Colorado v. Rocky David Marrow No. 80CA0262Colorado Court of Appeals. Decided December 3, 1981. Appeal from the District Court of El Paso County, Honorable Robert W. Johnson, Judge. J.D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy Attorney General, Mary J. Mullarkey, Special Assistant Attorney General, Robert C. Lehnert, Assistant […]

West Adams County Fire Protection District, a quasi-municipal corporation; and North Metro Fire Rescue Authority, a public entity, Plaintiffs-Appellees, v. Adams County School District 12, a/k/a Adams Twelve Five Star Schools, Defendant-Appellant, and John Donlon, Director of Division of Labor, Department of Labor Employment, Defendant-Appellee. No. 95CA0378Colorado Court of Appeals. August 8, 1996 Petition for […]

(393 P.2d 739) THOMAS COLEMAN v. HARRY C. TINSLEY, WARDEN OF COLORADO STATE PENITENTIARY. No. 21027.Supreme Court of Colorado. Decided July 6, 1964. From denial of his petition for a writ of habeas corpus, petitioner brings error. Affirmed. 1. HABEAS CORPUS — Robbery — Sentence — Corrected Judgment — Validity — Evidence. In a habeas […]

William C. Straub and Joanne R. Wickersham, Plaintiffs-Appellants, v. Mountain Trails Resort, Inc., a Colorado corporation, Thomas D. Warren, a/k/a Tom Warren, Ira Brawer, a/k/a Ira E. Brawer, Delmar Schroeder, a/k/a Delmar H. Schroeder, individually, Defendants-Appellees. No. 86CA0633Colorado Court of Appeals. Decided November 21, 1988. Opinion Modified, and as Modified, Rehearing Denied December 22, 1988. […]

Steve C. Sumler, Petitioner, v. The District Court, City and County of Denver, and The Honorable Edward A. Simons, Respondents. No. 94SA193Supreme Court of Colorado. Decided January 30, 1995 Original Proceeding. RULE DISCHARGED. Page 51 Nathan Davidovich Associates, Nathan Davidovich, Steven W. Moore, Denver, Colorado, Attorneys for Petitioner. Kirkland Ellis, Bruce A. Featherstone, Daniel K. […]

The People of the State of Colorado, Petitioner, v. Robert Charles Johnson, Respondent. No. 99SC219.Supreme Court of Colorado. April 24, 2000. Rehearing Denied May 15, 2000. Certiorari to the Colorado Court of Appeals Page 826 JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Page 827 Ken Salazar, Attorney General, Barbara McDonnell, Chief Deputy Attorney General, Alan […]

In the Matter of the Title, Ballot Title and Submission Clause for 2003-2004 #53 #54, Petitioners, Donald Ryan, v. Douglas Campbell and Dennis Polhill, and William Hobbs, Alan J. Gilbert and Charles Pike, Title Board, Respondents. Case No. 03SA206, 03SA207; Consolidated Cases.Supreme Court of Colorado. En Banc. October 6, 2003. Two East 14th Avenue, Denver, […]

(552 P.2d 6) The People of the State of Colorado v. Jimmy Roger Vandiver No. 26384Supreme Court of Colorado. Decided July 12, 1976. Rehearing denied August 3, 1976. Defendant was convicted of sale of narcotics and conspiracy to sell narcotics and appealed. Affirmed 1. CRIMINAL EVIDENCE — Proof — Elements — Beyond Reasonable Doubt — […]

111 P.2d 1059 PEOPLE EX REL. LOFGREN ET AL. v. COUNTY COURT OF ADAMS COUNTY ET AL. No. 14,779.Supreme Court of Colorado. Decided March 24, 1941. Rehearing denied April 7, 1941. A proceeding in certiorari involving the determination of whether an alleged mental incompetent was a member of a copartnership. Judgment of dismissal. Reversed. On […]

(553 P.2d 822) Edward Conrad, John Reynolds, Ronald Rotello and Matthew W. Matlock v. City of Thornton, a Colorado municipal corporation No. C-721Supreme Court of Colorado. Decided August 23, 1976. Certiorari to review court of appeals decision, 36 Colo. App. 22, 536 P.2d 855, which held that a home rule city does not have authority […]

Robert J. Zappa, Plaintiff-Appellant, v. Alan J. Seiver, Defendant-Appellee. No. 84CA0029Colorado Court of Appeals. Decided August 15, 1985. Appeal from the District Court of the City and County of Denver Honorable Harold D. Reed, Judge Page 441 Calkins, Kramer, Grimshaw Harring, Richard L. Harring, Lezlie Ott Marek, for Plaintiff-Appellant. Atler, Zall Haligman, P.C., A. Craig […]

(527 P.2d 804) The Order of Friars Minor of the Province of the Most Holy Name, a Colorado corporation v. Denver Urban Renewal Authority, a body corporate and politic of the State of Colorado, and Honorable Robert T. Kingsley, District Court Judge for the City and County of Denver No. 26586Supreme Court of Colorado. Decided […]

Ralph W. Bacon, Petitioner, v. The Industrial Claim Appeals Office of the State of Colorado; Director, Department of Labor and Employment, Division of Labor, State of Colorado; Frontier Airlines; and Ranger Insurance Company, Respondents. No. 86CA1652Colorado Court of Appeals. Decided October 15, 1987. Review of Order from the Industrial Claim Appeals Office of the State […]

(360 P.2d 671) DAVID ALEXANDER PENNEY, ET AL. v. THE PEOPLE OF THE STATE OF COLORADO. No. 19,320.Supreme Court of Colorado. Decided March 27, 1961. Defendants were convicted of murder in the first degree and bring error. Reversed. 1. CRIMINAL LAW — Trial — Conduct of Judge — Prejudice. In a prosecution for murder, conduct […]

(503 P.2d 1029) Richard L. Parks v. The Denver District Court, Second Judicial District, Robert E. McLean, one of the judges thereof, and John Brooks, Jr., one of the judges thereof No. 25541Supreme Court of Colorado. Decided December 4, 1972. Original proceeding seeking to prohibit determination of petitioner’s competency to stand trial until after jury […]

(350 P.2d 827) WALTER BERNSTEIN, ET AL. v. MIDWEST COLLECTION AGENCY. No. 19,171.Supreme Court of Colorado. Decided April 4, 1960. Action for goods sold and delivered. Judgment for plaintiff. Affirmed. 1. APPEAL AND ERROR — Findings — Evidence — Sufficiency — Affirmance. Where the record is ample to sustain the findings and judgment of the […]

People v. Hassan No. 01PDJ039Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. May 10, 2002. Page 1284 Attorney Regulation. The Hearing Board suspended Thomas F. Hassan from the practice of law for a period of eighteen months. Respondent represented one client in a worker’s compensation claim. Respondent had no written or […]

Tonya Uptain, Plaintiff-Appellant, v. Huntington Lab, Inc., Defendant-Appellee. No. 81CA0687Colorado Court of Appeals. Decided February 16, 1984. Rehearing Denied March 22, 1984. Certiorari Granted July 16, 1984 (84SC136). Appeal from the District Court of Montezuma County Honorable W.W. Rusk, Judge Page 219 Alan E. Johnson, for plaintiff-appellant. Hamilton, Shand McLachlan, P.C., Michael E. McLachlan, for […]

(435 P.2d 219) Western Power and Gas Company, The Public Utilities Commission of the State of Colorado, and Henry E. Zarlengo, Ralph C. Horton and Howard S. Bjelland, Individually and as members thereof v. Southeast, Colorado Power Association, Inc. No. 21985.Supreme Court of Colorado. Decided December 11, 1967. Rehearing denied January 8, 1968. Dispute concerning […]

Lewis R. Thompson, Petitioner, v. The Board of Education of the Roaring Fork School District RE-1 Respondents. No. 80CA0990Colorado Court of Appeals. Decided February 10, 1983. Rehearing Denied March 24, 1983. Certiorari Denied August 15, 1983. Review of Order of the Board of Education of Roaring Fork School District RE-1 Page 955 Larry F. Hobbs, […]

The People of the State of Colorado, Plaintiff-Appellant, v. James Gaylean Oates and Ora Doyle Kubosh, Defendants-Appellees. No. 84SA196Supreme Court of Colorado. Decided May 6, 1985. Interlocutory Appeal from the District Court, Teller County Honorable John F. Gallagher, Judge Page 812 Robert L. Russel, District Attorney, Fourth Judicial District; Thomas L. Kennedy, Deputy District Attorney, […]

The People of the State of Colorado, Plaintiff-Appellee, v. Donald Jack Priest, Defendant-Appellant. No. 82CA0236Colorado Court of Appeals. Decided June 2, 1983. Rehearing Denied June 30, 1983. Certiorari Denied October 31, 1983. Appeal from the District Court of Arapahoe County Honorable Charles Friedman, Judge Page 540 J.D. MacFarlane, Attorney General, Charles B. Howe, Deputy Attorney […]

68 P.2d 458 MORRISON, ADMINISTRATRIX v. GOODSPEED ET AL. No. 13,891.Supreme Court of Colorado. Decided May 10, 1937. Rehearing denied June 1, 1937. Suit for damages for fraud and deceit practiced by defendants in a corporate stock sale. Judgment for defendants. Reversed. 1. CORPORATIONS — Agents. It is elementary that a corporation can act in […]

13 P.2d 262 HOLLIS v. COMMERCIAL NATIONAL BANK OF SALIDA. No. 12,714.Supreme Court of Colorado. Decided June 20, 1932. Action for damages for fraud. Judgment for plaintiff. Reversed. 1. EVIDENCE — Written Documents — Secondary. It is only when satisfactory proof of loss of a document is made, that secondary evidence of its contents is […]

(568 P.2d 1175) The People of the State of Colorado v. Robert Davis No. 27755Supreme Court of Colorado. Decided October 3, 1977. Defendant is charged with second-degree burglary. The trial court granted defendant’s motion to suppress evidence seized pursuant to a search warrant and the People bring this interlocutory appeal. Ruling Reversed 1. SEARCHES AND […]

(398 P.2d 35) JOHN FREDERICK WILSON v. THE PEOPLE OF THE STATE OF COLORADO. No. 20728.Supreme Court of Colorado. Decided January 11, 1965. Defendant was convicted of possession of heroin and conspiracy to possess heroin and brings error. Reversed and Remanded. 1. SEARCHES AND SEIZURES — Motion to Suppress — State Court — United States […]

Bruce M. Beckord, Bob Copper, Robert L. Collard, Edward Grueff, Gerard Pearson, James Durward, Goran Svenonius, Nick Kane, Penny L. Kane, Nicky’s Restaurant and Lounge, Ltd., a Colorado Corporation; Nicky’s Restaurant, Lounge and Motor Lodge, a Colorado Corporation; Perry E. Bartlett and Audrey M. Bartlett, d/b/a Deer Crest Chalets; Don L. Heinemann and Nelrose R. […]

(273 P.2d 634) FLEXOVEYOR MANUFACTURING COMPANY v. SHIELDS. No. 17,229.Supreme Court of Colorado. Decided August 9, 1954. Rehearing denied August 30, 1954. An action for damages for the alleged violation and breach of a licensing agreement. Judgment for plaintiff. PER CURIAM. Judgment affirmed en banc without written opinion. Error to the District Court of the […]

Kimberly A. Allen Trust, Plaintiff-Appellant, v. FirstBank of Lakewood, N.A., Defendant-Appellee. No. 97CA2029Colorado Court of Appeals. May 13, 1999 As Modified on Denial of Rehearing October 21, 1999 and October 28, 1999. Appeal from the District Court of Jefferson County, Honorable Christopher J. Munch, Judge, No. 97CV979. JUDGMENT REVERSED AND CAUSE REMANDED WITH DIRECTIONS Opinion […]

Britt E. Tidwell, an incapacitated person, by his conservator Xavier O. Tidwell, Plaintiff-Appellant, v. City and County of Denver, a municipal and home rule city of the State of Colorado, Defendant-Appellee. No. 01CA0617.Colorado Court of Appeals. Division II June 20, 2002. Certiorari Granted January 21, 2003. City and County of Denver District Court No. 98CV6762; […]

In the Matter of the Title, Ballot Title and Submission Clause, and Summary of Proposed Constitutional Amendment under the Designation “Pregnancy.” William L. Woodley, William G. Small, Shirley J. Noll and Earl F. Dodge, Opponents-Petitioners, and Colorado Taxpayers for Choice, Inc., Proponent-Respondent, and Natalie Meyer, Douglas G. Brown and Duane Woodward, Initiative Title Setting Review […]

(222 P.2d 1001) FANSTIEL v. WRIGHT. No. 16,450.Supreme Court of Colorado. Decided October 2, 1950. An action for damages resulting from an auto-pedestrian accident. Judgment for plaintiff, with an order for body execution. Affirmed in Part, Reversed in Part. 1. APPEAL AND ERROR — Deficient Abstract. Where the specific grounds and objections interposed to instructions […]

Roy E. Secrest, Petitioner-Appellant, v. John Simonet, Director of Public Safety and ex-officio Sheriff, and Mose Trujillo, Director of City and County Detention Facilities and Jail, Respondents-Appellees. No. 84SA375Supreme Court of Colorado. Decided November 12, 1985. Rehearing Denied December 2, 1985. Appeal from District Court, City County of Denver Honorable Abraham Bowling, Senior Judge Page […]

The People of the State of Colorado, Plaintiff-Appellee, In the Interest of: C.B., a Child, and Concerning D.B. and L.B., Respondents-Appellants. No. 85SA353Supreme Court of Colorado. Decided June 29, 1987. Appeal from District Court, Pueblo County Honorable John R. Tracey, Judge. William Thiebaut, Jr., Assistant County Attorney, for Plaintiff-Appellee. James M. Croshal, for Respondent-Appellant D.B. […]

City of Colorado Springs, a municipal corporation, Petitioner, v. Timberlane Associates, a Colorado general partnership; Investment Builders Corporation, a Colorado corporation; John W. Dawson and Joseph M. Birdsell, Individually, Respondents. No. 88SC383Supreme Court of Colorado. Decided November 27, 1989. Page 288 Certiorari to the Colorado Court of Appeals Anderson, Johnson Gianunzio, Gregory L. Johnson, Kelly […]

(586 P.2d 229) The People of the State of Colorado v. Ruby Anna Henderson No. C-1426Supreme Court of Colorado. Decided November 6, 1978. Defendant was convicted of resisting arrest. The district court imposed a six months’ sentence but suspended the sentence on condition that defendant conduct herself as a law abiding citizen. The court of […]

Barbara SWAN and Paul Swan, Plaintiffs-Appellants, v. FARMERS INSURANCE EXCHANGE, Defendant-Appellee. No. 04CA2282.Colorado Court of Appeals. April 20, 2006. Appeal from the District Court, City and County of Denver, Martin F. Egelhoff, J. Bond Morris, P.C., David M. Tenner, Denver, Colorado, for Plaintiffs-Appellants. Lambdin Chaney, LLP, Suzanne Lambdin, L. Kathleen Chaney, Denver, Colorado, for Defendant-Appellee. […]

Harold Graham, Plaintiff-Appellant, v. Frank Gunter, Director of Department of Corrections, and Mark McKinna, Superintendent of Limon Correctional Facility, P.O. Box 10,000, Limon, Colorado 80826, Defendants-Appellees. No. 92SA379Supreme Court of Colorado. Decided July 26, 1993. Appeal from the District Court, Lincoln County Honorable Garth L. Nieschburg, Judge Harold Graham, Pro Se. Gale A. Norton, Attorney […]

(371 P.2d 264) ANN SPENCER LEECE v. ROSEMARY GRIFFIN, ET AL. No. 19,985.Supreme Court of Colorado. Decided May 7, 1962. Rehearing denied May 21, 1962. Action for damages for fraud relating to the sale of real property. Judgment for defendants. Affirmed. 1. FRAUD — Evidence — Land — Profit. Claim that income from land was […]

111 P.2d 1067 PEOPLE EX REL. BURRESS v. COUNTY COURT OF ADAMS COUNTY ET AL. No. 14,930.Supreme Court of Colorado. Decided March 17, 1941. On petition for a writ of prohibition requiring a county judge to change the place of trial of a divorce action. Writ denied. 1. DIVORCE AND ALIMONY — Change of Venue […]

Howard RUDNICK and Jennifer Swezey, as next friends for Edith Rudnick, a minor, Plaintiffs-Appellants, v. Margaret FERGUSON, M.D., Lila H. Monahan, M.D., David R. Clarke, M.D., Jeff Wagener, M.D., Mark Boucek, M.D., and Mary M. Wollmering, M.D., Defendants-Appellees. No. 05CA0077.Colorado Court of Appeals. February 8, 2007. Certiorari Denied September 11, 2007. Page 27 Appeal from […]

(337 P.2d 10) LLOYD ANDERSON v. PEOPLE OF THE STATE OF COLORADO. No. 18,633.Supreme Court of Colorado. Decided March 2, 1959. Defendant was convicted of forgery and brings error. Affirmed. 1. CRIMINAL LAW — Evidence — Similar Offenses. Where defendant entered a plea of guilty to forgery of a check, the contention that admission of […]

In re the Marriage of Karin J. Simon, Appellant and Cross-Appellee, and Ned A. Simon, Appellee and Cross-Appellant. No. 92CA0534Colorado Court of Appeals. Decided May 6, 1993. Rehearing Denied June 10, 1993. Appeal from the District Court of Arapahoe County Honorable Jack F. Smith, Judge Page 48 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

48 P.2d 798 INDEPENDENCE COFFEE AND SPICE COMPANY ET AL. v. TAYLOR ET AL. No. 13,712.Supreme Court of Colorado. Decided August 5, 1935. Proceeding under the Workmen’s Compensation Act. Judgment for claimant. Reversed. 1. WORKMEN’S COMPENSATION — Settlement of Claim. An amicable, bona fide settlement between an employer and an employee of a claim for […]

29 P.2d 1044 MACKENZIE v. CORLEY. No. 12,981.Supreme Court of Colorado. Decided January 15, 1934. Rehearing denied March 5, 1934. Action to quiet title and for injunction. Judgment of dismissal. Reversed. 1. PLEADING — Quieting Title — Possession. A complaint in an action to quiet title is insufficient if it lacks the necessary allegation of […]

(579 P.2d 609) Robert A. Theobald; N.E. Buchholz; Nancy M. Fritts; Stella Lucille Roberts; and Bernard F. Titony v. Lois M. Byrns, Clerk of the Town of Blue River and L. Scott Gould and Anthony L. Weiss No. 28085Supreme Court of Colorado. Decided May 8, 1978. Rehearing denied May 25, 1978. Applicant seeks to be […]

Thomas W. Itin, Plaintiff-Appellee, v. Bertrand T. Ungar, P.C., and Bertrand T. Ungar, Defendants-Appellants. No. 96CA2255Colorado Court of Appeals. August 20, 1998 As Modified on Denial of Rehearing December 17, 1998 Certiorari Granted June 21, 1999 Appeal from the District Court of the City and County of Denver, Honorable No. 94CV6362, Nancy E. Rice, Judge […]

(405 P.2d 205) Alfred L. Capra, Manager of Safety and Excise, and Ex-Officio Sheriff of the City and County of Denver v. Thomas M. Ballarby. No. 21707Supreme Court of Colorado. Decided August 30, 1965. Habeas corpus proceeding in extradition matter. From a judgment ordering the writ made permanent and petitioner discharged from custody, the respondent […]

(609 P.2d 116) The People of the State of Colorado v. L. A. Jr. No. 79SA520Supreme Court of Colorado. Decided March 31, 1980. Interlocutory appeal in a juvenile delinquency proceeding in which the People challenge the trial court’s order suppressing incriminating statements made to the police by the respondent, a minor. Reversed 1. INFANTS — […]

78 P.2d 979 NORTON v. RAY. No. 14,326.Supreme Court of Colorado. Decided April 25, 1938. Action to recover for rent due. Judgment for plaintiff. Affirmed. On Application for Supersedeas. 1. JUDGMENT — Confession. In an action for rent, defendant admitting that he had not paid the amount due for the months involved amounted to a […]

(257 P.2d 402) GROSS v. DREILING. No. 16,931.Supreme Court of Colorado. Decided April 27, 1953. An action in replevin. Judgment for plaintiff for damages for conversion. Affirmed. 1. ACTIONS — Replevin — Parties. In a replevin action, contention of defendant that plaintiff was not the proper party in interest, considered and overruled. 2. CHATTEL MORTGAGES […]

United States Fidelity Guaranty, Inc., and Beard Drilling Company, Petitioners and Cross-Respondents, v. Jim B. Kourlis, Respondent and Cross-Petitioner, and The Industrial Claim Appeals Office of the State of Colorado, Respondent. No. 92CA1083 No. 92CA1088Colorado Court of Appeals. Decided January 13, 1994 Review of Order from the Industrial Claim Appeals Office of the State of […]

(451 P.2d 750) Steve A. Valdez, also known as Stephen Albert Valdez v. The People of the State of Colorado. No. 23093.Supreme Court of Colorado. Decided March 17, 1969. Defendant was convicted of robbery and conspiracy and brought error. Affirmed. 1. PROSECUTING ATTORNEYS — Closing Argument — Comment — Accuracy — Witness — Testimony — […]

The People of the State of Colorado, Petitioner, v. District Court, Second Judicial District, Colorado, and Honorable J. Stephen Phillips, one of the judges thereof, Respondents. No. 84SA438Supreme Court of Colorado. Decided January 31, 1986. Original Proceeding Page 919 Norman S. Early, Jr., District Attorney, O. Otto Moore, Assistant District Attorney, Brooke Wunnicke, Chief Appellate […]

(485 P.2d 730) In the Matter of the Estate of James B. Maytag, Deceased, Cornelia H. Maytag and The First National Bank of Colorado Springs, Executors of the Estate of James B. Maytag, and Trustees appointed by Will of James B. Maytag v. William A. Baker, Guardian ad litem appointed to represent the interests of […]

George C. Darby, Appellant, v. All J Land and Rental Company, Roy F. Young and Division Engineer, Water Division No. 1, Appellees. No. 90SA512Supreme Court of Colorado. Decided November 25, 1991. Appeal from the District Court, Water Division No. 1 Honorable Connie L. Peterson, Judge. Krassa, Lindholm, Kumli Madsen, David C. Lindholm, for Appellant. Appellees […]

The People of the State of Colorado, Plaintiff-Appellant, v. Kimberly Lynne Morley, Defendant-Appellee. No. 00SA54Supreme Court of Colorado. June 26, 2000 Interlocutory Appeal from the Adams County District Court. Honorable Philip F. Roan, Judge. ORDER REVERSED AND CASE REMANDED. EN BANC. Robert S. Grant, District Attorney, Seventeenth Judicial District, Michael J. Milne, Senior Deputy District […]

15 P.2d 714 ALFRED ET AL. v. ESSER. No. 12,711.Supreme Court of Colorado. Decided October 24, 1932. Action against live stock inspection board to recover fund received from sale of estrays. Judgment for plaintiff. Affirmed. 1. ACTIONS — Against State Agencies. An action may be maintained against the state board of live stock inspection commissioners […]

175 P.2d 90 MOORE v. SECOND CONGREGATIONAL CHURCH OF COLORADO SPRINGS. No. 15,431.Supreme Court of Colorado. Decided November 18, 1946. Rehearing denied December 4, 1946. A suit involving the title to real estate. Judgment for defendant. Reversed. 1. DEEDS — Construction. In considering and construing written instruments — in the instant case a deed to […]

Terry L. Dikeman, Plaintiff-Appellant, v. Alan Charnes, as Director of the Department of Revenue, Motor Vehicle Division, State of Colorado, Defendant-Appellee. No. 85CA1366Colorado Court of Appeals. Decided February 26, 1987. Rehearing Denied April 2, 1987. Certiorari Denied Dikeman June 29, 1987 (87SC176). Appeal from the District Court of Jefferson County Honorable Anthony Vollack, Judge. Page […]

(505 P.2d 958) Joseph V. Famularo v. The Board of County Commissioners of Adams County, Colorado, and Jerry L. Yost, David P. Cran, and Glen Lancaster, as members thereof No. 25395Supreme Court of Colorado. Decided January 22, 1973. Zoning case. From district court ruling that Board of County Commissioners’ refusal to rezone landowner’s property was […]

The People of the State of Colorado, Petitioner, v. Robert Earl McNeese, Respondent. No. 93SC450Supreme Court of Colorado. Decided March 13, 1995. Rehearing Denied April 17, 1995. Certiorari to the Colorado Court of Appeals. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS. Page 305 A. William Ritter, Jr., District Attorney, Second Judicial District, Nathan B. Coats, […]

(512 P.2d 1157) Brian Alan Church v. James Bourne, Earl L. Sullivan, and William E. Thacker No. 25904Supreme Court of Colorado. Decided July 30, 1973. Question involving right to participation of retained counsel at preliminary hearing before parole officer to determine whether probable cause existed to re-incarcerate defendant for violation of parole. Trial court held […]

(600 P.2d 770) The People of the State of Colorado v. Orlando Baca No. 79SA74Supreme Court of Colorado. Decided October 9, 1979. Interlocutory appeal by the People from an order of the district court granting defendant’s motion to suppress evidence seized incident to a warrantless arrest. Reversed 1. ARREST — Warrantless — Fellow Officer Rule. […]

(328 P.2d 98) SABIO CONCIALDI, ET AL. v. PUEBLO GAS AND FUEL COMPANY, ET AL. No. 18,160.Supreme Court of Colorado. Decided July 14, 1958. Action on fire insurance policies to recover alleged loss. Judgment for defendants. Affirmed. 1. APPEAL AND ERROR — Claim of Error — Amended Complaint — Failure to Include in Record. A […]

(520 P.2d 751) The People of the State of Colorado v. Richard Andrew Sanchez No. 25780Supreme Court of Colorado. Decided April 1, 1974. Defendant was convicted of sodomy and of being an habitual offender and appealed. Affirmed and Remanded 1. CRIMINAL LAW — In-Court Identification — Proper — Sodomy — Jail — Suggestiveness — Lack […]

Lori’s Family Dining, Inc., and Colorado Compensation Insurance Authority, Petitioners, v. The Industrial Claim Appeals Office of the State of Colorado and Christopher Bingham, Respondents. No. 95CA0216Colorado Court of Appeals. Decided September 14, 1995 Petition for Rehearing DENIED October 12, 1995 Review of Order from the Industrial Claim Appeals Office of the State of Colorado […]

(511 P.2d 466) The People of the State of Colorado v. Raymond Romero No. 25320Supreme Court of Colorado. Decided June 11, 1973. Defendant was convicted of burglary and appealed. Page 51 Affirmed 1. BURGLARY — Specific Intent — Jury. In prosecution for burglary, the issue of specific intent was one for the jury to determine […]

(237 P.2d 1082) FIRST NATIONAL BANK OF DENVER v. JONES. No. 16,599.Supreme Court of Colorado. Decided November 19, 1951. An action for damages growing out of the sale of an automobile upon which there was a chattel mortgage. Judgment for plaintiff. Reversed. 1. TRIAL — Issues Not Pleaded. “While issues not pleaded may properly be […]

(388 P.2d 759) GEORGE J. ROBINSON, ETC., ET AL., v. JACOB CHISEN. No. 20,133.Supreme Court of Colorado. Decided January 20, 1964. Action to establish priorities of liens on parcel of real estate. Judgment for plaintiff. Reversed. 1. MORTGAGES — Payment by Third Party — Discharge of Obligation. Where property subject to note and deed of […]

(400 P.2d 920) ANN MILLER RIPPERE v. KENNETH H. RIPPERE. No. 20533.Supreme Court of Colorado. Decided April 12, 1965. From an order of trial court awarding custody and control of minor child of parties to child’s out of state paternal grandparents, mother of child brought error. Reversed and Remanded. 1. INFANTS — Custody — Paramount […]

67 P.2d 1038 IN RE INTERROGATORIES OF THE SENATE. No. 14,149.Supreme Court of Colorado. Answers filed April 19, 1937. In the matter of interrogatories of the Senate concerning the constitutionality of House bill No. 379, an act providing for additional revenue and imposing a tax upon services. Original Proceeding.En Banc. PER CURIAM. INTERROGATORY 1. Does […]

Boulder Country Club, Petitioner-Appellant, v. Boulder County Board of Commissioners, Respondent-Appellee, and Colorado State Board of Assessment Appeals, Appellee. No. 02CA0837Colorado Court of Appeals. April 24, 2003 Rehearing Denied August 14, 2003. Certiorari Denied August 16, 2004.[*] [*] Chief Justice MULLARKEY would grant as to the following issues: Whether “erroneous valuation for assessment” as used […]

33 P.2d 749 CITY AND COUNTY OF DENVER v. MOORMAN, ADMINISTRATRIX. No. 13,125.Supreme Court of Colorado. Decided May 21, 1934. Rehearing denied June 12, 1934. Action for value of architectural services rendered a municipality. Judgment for plaintiff. Reversed. 1. MUNICIPAL CORPORATIONS — Public Works — Contracts — Competitive Bids — Quantum Meruit. Under pertinent Denver […]

(484 P.2d 1203) The People of the State of Colorado v. Donald Dee Yount. No. 23996.Supreme Court of Colorado. Decided May 10, 1971. From judgment of district court reversing defendant’s conviction of driving a motor vehicle while his driver’s license was suspended, People brought error. Affirmed. 1. AUTOMOBILES — Motor Vehicle Department — Failure to […]

(471 P.2d 606) Town of Greenwood Village v. Ida P. Savage. No. 22859.Supreme Court of Colorado. Decided June 29, 1970. Statutory proceeding by landowner to disconnect a tract aggregating more than twenty acres of agricultural land from town. Disconnection ordered and town brought error. Affirmed. 1. TOWNS — Disconnection — Tract — Hearing — Petitions […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Ramiro BANUELOS-LANDA, Defendant-Appellant. No. 03CA0619.Colorado Court of Appeals. Division II. December 2, 2004. Certiorari Denied April 11, 2005. Appeal from the District Court, City and County of Denver, Gloria A. Rivera and Joseph E. Meyer, III, J. Ken Salazar, Attorney General, Melissa D. Allen, Assistant Attorney […]

(529 P.2d 313) The People of the State of Colorado v. Philip C. Musgrave, Jr. No. 26475Supreme Court of Colorado. Decided December 9, 1974. Rehearing denied January 6, 1975. Defendant was convicted of dispensing dangerous drugs and conspiracy to dispense dangerous drugs and appealed. Reversed 1. WITNESSES — Drugs — Conspiracy — Informant — Participant […]

56 P.2d 35 MORROW v. INDUSTRIAL COMMISSION ET AL. No. 13,815.Supreme Court of Colorado. Decided March 2, 1936. Rehearing denied March 30, 1936. Action under the Workmen’s Compensation Act. Judgment for defendants. On Rehearing. Reversed. 1. WORKMEN’S COMPENSATION — Statutes — Construction. The Workmen’s Compensation Act is to be liberally construed. 2. SCHOOLS — Teachers […]

Guido P. Meyer and Gertrude M. Meyer, Plaintiffs-Appellants and Cross-Appellees, v. Landmark Universal, Incorporated, a Delinquent Colorado corporation, Defendant-Appellee and Cross-Appellant. No. 82CA1015Colorado Court of Appeals. Decided May 31, 1984. Rehearing Denied July 26, 1984. Certiorari Denied December 17, 1984. Appeal from the District Court of Pitkin County Honorable Thomas W. Ossola, Judge Page 1130 […]

(351 P.2d 847) HARRY STEWART v. HOMER ACEL STOUT No. 18,661.Supreme Court of Colorado. Decided May 9, 1960. Action for damages resulting from automobile collision. Judgment for defendant. Affirmed. 1. NEGLIGENCE — Sudden Emergency. A person who through no fault of his own is confronted with a sudden emergency, is not chargeable with negligence if […]

Rebecca Ann Medina, Plaintiff-Appellant, v. Schmutz Manufacturing Company, a Kentucky corporation, Defendant-Appellee. No. 82CA1186Colorado Court of Appeals. Decided October 27, 1983. Appeal from the District Court of the City and County of Denver Honorable Robert Kingsley, Judge Page 954 Malman Malman, P.C., Robert L. Malman. Richard W. Yolles, P.C., Richard W. Yolles, for plaintiff-appellant. Long […]

(571 P.2d 1093) The People of the State of Colorado v. Sharon Linn Linn No. C-1181Supreme Court of Colorado. Decided November 15, 1977. Respondent was convicted of the offense of driving while her ability was impaired. Certiorari was granted to review the district court’s judgment which set aside the conviction of respondent because of the […]

(348 P.2d 150) CARL A. WAGNER, ET AL. v. THE PHOENIX INSURANCE COMPANY. No. 18,506.Supreme Court of Colorado. Decided January 4, 1960. Action on fire insurance policy. Judgment for defendant. Affirmed. 1. INSURANCE — Fire Insurance — Loss — Appraisal — Failure to Agree. In an action on a fire insurance policy in which it […]

The People of the State of Colorado, Complainant, v. Ronald J. Hindman, Attorney-Respondent. No. 98SA32Supreme Court of Colorado. April 27, 1998 Original Proceeding in Discipline. ATTORNEY DISBARRED Linda Donnelly, Disciplinary Counsel, James C. Coyle, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. No Appearance By or on Behalf of Attorney-Respondent. EN BANC PER CURIAM [1] […]

(358 P.2d 885) INDUSTRIAL COMMISSION OF COLORADO, ET AL. v. GLOBE INDEMNITY COMPANY. No. 19,469.Supreme Court of Colorado. Decided February 20, 1961. From a judgment directing dismissal of a claim for compensation the defendants bring error. Reversed. 1. WORKMEN’S COMPENSATION — Industrial Commission — Interlocutory Orders — Review — Statute. The Workmen’s Compensation Act, (C.R.S. […]

HOPP FLESCH, LLC; and Kevin C. Flesch, in his corporate and individual capacities, Petitioners, v. Raquel BACKSTREET, Respondent. No. 04SC697.Supreme Court of Colorado. November 21, 2005. As Modified on Denial of Rehearing December 19, 2005. Appeal from the District Court, City and County of Denver, No. 02CV5299, J. Stephen Phillips, J. Page 1177 [EDITORS’ NOTE: […]

The People of the State of Colorado, Petitioner-Appellee, In the Interest of: S.B., Minor Child, And Concerning: N.B., Respondent-Appellant. No. 85CA1128Colorado Court of Appeals. Decided March 19, 1987. Rehearing Denied April 23, 1987. Certiorari Granted N.B. September 8, 1987 (87SC185). Certiorari Denied As Improvidently Granted May 24, 1988. Page 936 [EDITORS’ NOTE: THIS PAGE CONTAINS […]

William J. Mackey, Petitioner, v. The Honorable Judge Hall of the Fourth Judicial District of the State of Colorado, Respondent. No. 84SA274Supreme Court of Colorado. Decided January 21, 1985. Rehearing Denied February 11, 1985. Original Proceeding Page 1276 William M. Lederer, for Petitioner. Alan F. Barton, for Respondent. EN BANC CHIEF JUSTICE ERICKSON delivered the […]

The People of the State of Colorado, Plaintiff-Appellee, v. Anthony Ray Griego, Defendant-Appellant. No. 97CA1351.Colorado Court of Appeals. December 24, 1998. Rehearing Denied February 18, 1999. Certiorari Granted August 30, 1999. Appeal from the District Court of Jefferson County, Honorable Tom Woodford, Judge No. 96CR1492. JUDGMENT AFFIRMED Page 100 Gale A. Norton, Attorney General, Martha […]

(488 P.2d 76) Wayne D. Stork v. The People of the State of Colorado. No. 23854.Supreme Court of Colorado. Decided August 3, 1971. Rehearing denied September 13, 1971 Defendant was convicted of possession of marijuana and brought error. Affirmed. 1. ARREST — Warrantless — People — Burden — Probable Cause. In Colorado, the People have […]