Category: Colorado Court Opinions

The People of the State of Colorado v. Frederick William Duemig No. 79SA150Supreme Court of Colorado. Decided November 24, 1980. Rehearing denied January 5, 1981. Appeal from the District Court in and for the County of Larimer, Honorable John A. Price, Judge. Page 241 Stuart A. Van Meveren, District Attorney, Donald E. Johnson, Jr., Chief […]

The State of Colorado and The Colorado Department of Highways, Petitioners, v. David J. Moldovan, Respondent. No. 91SC769Supreme Court of Colorado. Decided December 14, 1992. Certiorari to the Colorado Court of Appeals Page 221 Gale A. Norton, Attorney General, Raymond T. Slaughter, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, Gregg E. Kay, First […]

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Grover Edward BOSTON, Defendant-Appellee. No. 08CA0885.Colorado Court of Appeals. February 19, 2009. Certiorari Granted August 3, 2009. Appeal from the District Court, Weld County, No. 07CR2186, Julie C. Hoskins, J. Page 508 Kenneth R. Buck, District Attorney, Christian J. Schulte, Chief Deputy District Attorney, Greeley, Colorado, […]

People of the State of Colorado, Plaintiff-Appellee, v. Seth D. Lee, Defendant-Appellant. No. 98CA1156Colorado Court of Appeals. August 31, 2000 As Modified on Denial of Rehearing December 21, 2000 Certiorari Denied September 4, 2001 Appeal from the District Court of Mesa County, Honorable Nicholas R. Massaro, Judge, No. 97CR343. JUDGMENT AFFIRMED Page 687 [EDITORS’ NOTE: […]

University of Colorado, Colorado Springs, Petitioner, v. Industrial Claim Appeals Office of the State of Colorado and Dianne Harrison, Respondents. No. 02CA1998.Colorado Court of Appeals. Div. III. June 5, 2003. Industrial Claim Appeals Office of the State of Colorado; DD No. 14431-2002 ORDER AFFIRMED Page 511 Gary F. Burke, Arvada, Colorado, for Petitioner Ken Salazar, […]

(588 P.2d 375) Margaret M. Ekberg, individually and as mother and natural guardian of Michael Dale Ekberg, a Minor, and Raul and Wilma Talamantes, individually and as parents and natural guardians of Donald Wayne Talamantes, a Minor v. Kenneth C. Greene, individually and doing business as Greene’s Fina Service No. C-1386Supreme Court of Colorado. Decided […]

Jennifer RADIL, Cross-Claim Plaintiff-Appellant, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA, Cross-Claim Defendant-Appellee. No. 07CA1534.Colorado Court of Appeals. October 16, 2008. Appeal from the District Court, Park County, Charles M. Barton, J. Page 850 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

Iowa National Mutual Insurance Company of Cedar Rapids, Iowa, Plaintiff-Appellant, v. Central Mortgage Investment Company of Colorado Springs, Defendant-Appellee. No. 83CA0643Colorado Court of Appeals. Decided September 12, 1985. Appeal from the District Court of El Paso County Honorable Bernard R. Baker, Judge Page 481 Rector, Retherford, Mullen Johnson, Anthony A. Johnson, Leo W. Rector, for […]

Local Union No. 1 of the International Union of Operating Engineers, Plaintiff-Appellant, v. Metro Wastewater Reclamation District, Defendant-Appellee. No. 93CA0022Colorado Court of Appeals. Decided February 10, 1994. Rehearing Denied March 17, 1994. Certiorari Denied July 18, 1994. Appeal from the District Court of the City and County of Denver Honorable John N. McMullen, Judge, No. […]

(358 P.2d 43) ELSIE MORGAN, AND ALLEN ENTERPRISES, INC., v. MADELYN R. BRINKHOFF. No. 19,005.Supreme Court of Colorado. Decided December 19, 1960. Action to recover deposit on purchase of business property. Judgment for plaintiff. Affirmed. 1. PRACTICE AND PROCEDURE — Bill of Particulars — Rules — Discovery — Discretion of Court. Bills of particulars should […]

(585 P.2d 311) In re Matter of the Estate of: Clarence W. Light, Audrey Light Temple v. Frances E. Frank and Annabeth Lockhart and Margaret Cardy No. 77-842Colorado Court of Appeals. Decided September 21, 1978. Daughter of decedent appealed trial court’s construction of will relative to certain promissory notes executed by her and payable to […]

(525 P.2d 425) The People of the State of Colorado v. Walter Knight No. 25867Supreme Court of Colorado. Decided July 15, 1974. Rehearing denied August 26, 1974. Defendant pled guilty to the charge of aggravated robbery committed in February 1972, and was sentenced to thirty-five to thirty-eight year term of imprisonment in July 1972. Claiming […]

Martin Marietta Corporation, Petitioner, v. Paul M. Lorenz, Respondent. No. 90SC583Supreme Court of Colorado. Decided January 13, 1992. Opinion Modified, and as Modified Rehearing Denied February 3, 1992. Certiorari to the Colorado Court of Appeals. Page 101 Holme Roberts Owen, John R. Webb, Katherine J. Peck, Susan B. Prose, Edwin P. Aro; Karen M. Barry, […]

(510 P.2d 905) Benjamin E. Greer v. Sharon Greer, a/k/a Sharon A. Greer No. 72-270Colorado Court of Appeals. Decided April 10, 1973. Rehearing denied April 24, 1973. Certiorari denied June 25, 1973. Ordered to pay “alimony” of specific monthly sum for specific period, husband sought to terminate his obligation under such order upon the remarriage […]

(379 P.2d 628) O. C. KINNEY, INC., v. PAUL HARDEMAN, INC. No. 19,969.Supreme Court of Colorado. Decided March 11, 1963. Action by unsuccessful bidder against prime contractor for damages. From the granting of a summary judgment the plaintiff brings error. Affirmed. 1. JUDGMENT — Summary Judgment — Rules. Rule 56, R.C.P. Colo., permits a summary […]

Victor Leon Loper v. Industrial Commission of Colorado, Charles McGrath, Director, Division of Labor, Department of Labor Employment, State of Colorado, Jewett Scott Truck Lines, Inc., and Hartford Accident and Indemnity Company No. 81CA0969Colorado Court of Appeals. Decided April 15, 1982. Opinion modified and as modified petition for rehearing denied May 13, 1982. Review of […]

Rachel Lytle, formerly known as Rachel Ellerman, individually and as next friend of Carl H. Lytle, Jr., a Minor, Petitioners, v. Terrance Wayne Kite, individually and as agent for Anco Construction Company, Ltd., a Colorado corporation; and Yerby Banics, a/k/a Banks Yerby, Respondents. No. 85SC483Supreme Court of Colorado. Decided November 3, 1986. Rehearing Denied December […]

(509 P.2d 313) The People of the State of Colorado v. Berry A. Noreen No. 25365Supreme Court of Colorado. Decided April 30, 1973. Rehearing denied May 14, 1973. Defendant was convicted of possession of a dangerous drug and appealed. Remanded With Directions 1. SEARCHES AND SEIZURES — Warrantless — Seizure — Upheld — Prior — […]

(593 P.2d 982) Charles E. Rose v. Executive Director of the Department of Revenue No. 78-486Colorado Court of Appeals. Decided March 29, 1979. Taxpayer appealed the district court’s affirmance of the decision of the Department of Revenue that he owed use taxes, interest, and a 10 percent penalty. Affirmed 1. TAXATION — Resale Exemption — […]

In re the Marriage of Christine D. Long, Appellee and Cross-Appellant, and Jay Raymond Long, Appellant and Cross-Appellee. No. 95CA0729Colorado Court of Appeals. June 13, 1996 Page 68 Appeal from the District Court of El Paso County Honorable Thomas Kelly Kane, Judge No. 88DR0754 ORDER AFFIRMED IN PART, REVERSED IN PART, AND CAUSE REMANDED WITH […]

250 P.2d 1003 FERRY-MORSE SEED COMPANY v. BOARD OF COUNTY COMMISSIONERS. No. 16,602.Supreme Court of Colorado. Decided November 3, 1952. An action against a board of county commissioners to obtain a refund of an amount paid for taxes. Judgment for defendants. Affirmed. 1. CONTRACTS — Construction. If uncertainty exists concerning a written instrument as to […]

(408 P.2d 425) Roosevelt Watkins v. The People of the State of Colorado. No. 20906Supreme Court of Colorado. Decided December 6, 1965. Rehearing denied December 27, 1965. Defendant was convicted of second degree murder and brings error. Affirmed. 1. HOMICIDE — Instruction — Traumatic Amnesia — First Degree Murder — Second Degree Murder. Where as […]

(554 P.2d 291) The People of the State of Colorado v. Mary Ann Hernandez, also known as Mary Ann Landis No. 27151Supreme Court of Colorado. Decided September 27, 1976. Interlocutory appeal by the People from a district court ruling, which ordered the suppression of evidence seized from the defendant. Ruling Affirmed 1. ARREST — Warrant […]

The People of the State of Colorado, Complainant, v. David D. Belina, Attorney-Respondent. No. 88SA74Supreme Court of Colorado. Decided December 12, 1988. Original Proceeding in Discipline Linda Donnelly, Disciplinary Counsel, Susan L. Fralick, Assistant Disciplinary Counsel, for Complainant. Michael D. Gross, for Respondent. EN BANC JUSTICE ROVIRA delivered the Opinion of the Court. [1] In […]

John K. Fogg, II, Plaintiff-Appellant, v. Mario R. Macaluso and The County of Pueblo, Defendants-Appellees. No. 92CA1196Colorado Court of Appeals. Decided July 29, 1993. Rehearing Denied September 9, 1993. Certiorari Granted (Fogg) March 21, 1994. Cross-Petition for Certiorari Denied March 21, 1994. Appeal from the District Court of Pueblo County Honorable Alex J. Martinez, Judge […]

John GARCIA, Plaintiff-Appellant, v. Roxy HUBER, Executive Director of the Motor Vehicle Division, Department of Revenue, State of Colorado, Defendant-Appellee. No. 09CA1660.Colorado Court of Appeals. November 24, 2010. Appeal from the District Court, Douglas County, Paul A. King, J. Page 487 Law Firm of Dineen Deel, Dineen T. Deel, Robert T. Bettenberg, Denver, Colorado, for […]

Tamara L. STORY, Plaintiff-Appellee and Cross-Appellant, v. Richard W. BLY; Patsy A. Bly; and Bank of the West, f/n/a Community First National Bank, f/n/a The Bank, N.A., Defendants-Appellants and Cross-Appellees. No. 07CA2076.Colorado Court of Appeals. December 24, 2008. As Modified on Denial of Rehearing February 5, 2009. Appeal from the District Court, Jefferson County, Tamara […]

James R. Burkett, Jeri M. Burkett, and The Orin S. Richardson and Gene Richardson Family Trust, Plaintiffs-Appellants, v. Amoco Production Company, Defendant-Appellee. No. 02CA1104.Colorado Court of Appeals. August 14, 2003. Certiorari Denied March 15, 2004.[*] [*] Justice KOURLIS would grant as to the following issues: Whether the court of appeals erred when it held there […]

201 P.2d 609 SWIFT ET AL. v. SMITH ET AL. No. 16,087.Supreme Court of Colorado. Decided December 6, 1948. Rehearing denied January 10, 1949. On application for a writ of certiorari, involving eminent domain proceedings to acquire property for highway purposes. Writ Granted. 1. EMINENT DOMAIN — Statutes — Highways. Section 6, chapter 175, Session […]

(446 P.2d 423) Seferino Valdez and Jose Alfredo Valdez v. The People of the State of Colorado. No. 22674.Supreme Court of Colorado. Decided October 28, 1968. Rehearing denied November 18, 1968. Defendants were convicted of simple assault and brought error. Affirmed. 1. CRIMINAL LAW — Motion for New Trial — Arguments — Failure to Particularize […]

The People of the State of Colorado, Plaintiff-Appellee, v. Fred Quinonez, Defendant-Appellant. No. 83CA1166Colorado Court of Appeals. Decided November 1, 1984. Rehearing Denied November 29, 1984. Certiorari Granted May 6, 1985 (84SC478). Certiorari granted on following issue: Whether restitution can be imposed pursuant to section 16-11-204.5(1), 8 C.R.S. (1984 Supp.), as to a condition of […]

(358 P.2d 12) HENRY ABEYTA, JR. v. PEOPLE. No. 19,371.Supreme Court of Colorado. Decided December 23, 1960. Defendant was convicted of assault with attempt to commit robbery and brings error. Reversed. 1. CRIMINAL LAW — Instruction — Objection — First Presented in Motion for New Trial — Discretion of Court. Ordinarily objection should be made […]

(347 P.2d 915) JOHN K. BARNHISEL v. PEOPLE OF THE STATE OF COLORADO. No. 18,908.Supreme Court of Colorado. Decided December 14, 1959. Defendant was convicted of assault with intent to commit rape and brings error. Reversed. 1. CRIMINAL LAW — Instructions — Similar Offenses — Evidence. The rule is uniform that an instruction should in […]

(506 P.2d 1230) Western Paving Construction Co., a Colorado corporation v. The Board of County Commissioners of the County of Boulder, Colorado, and the members thereof, to wit: Wally Toevs, Jack Murphy and George Van Booven; and The Boulder County Planning Commission, and the members thereof, to wit: Richard T. Ekrem, George Baskos, Fran Wright, […]

67 P.2d 625 NORTH RIVER INSURANCE COMPANY OF THE CITY OF NEW YORK v. MILITELLO. No. 13,849.Supreme Court of Colorado. Decided April 26, 1937. Suit on fire insurance policy. Judgment for plaintiff. Reversed. 1. INSURANCE — Fire — Incendiary — Appeal and Error. The owner of property sued an insurance company and obtained judgment for […]

(426 P.2d 556) Mary Theresa Doogan, Deanna Lynn Doogan, William Theodore Doogan, and Patricia Marie Doogan, Minors by and through their maternal Grandmother and next friend, Ruth M. Wheeler v. Frank M. Doogan No. 22138.Supreme Court of Colorado. Decided April 17, 1967. Action by minors through their maternal grandmother and next friend seeking to compel […]

IN THE MATTER OF THE TITLE, BALLOT TITLE AND SUBMISSION CLAUSE, AND SUMMARY FOR 1999-00 ##245(b), 245(c), 245(d) and 245(e), BENNETT S. AISENBERG, Petitioner, v. DOUGLAS CAMPBELL and MARK DORN, Respondents, and WILLIAM HOBBS, MICHAEL McLACHLAN, and CHARLES W. PIKE, Title Board. No. 000SA35Supreme Court of Colorado. May 15, 2000 Original Proceeding Pursuant to § […]

(589 P.2d 953) Atlas Construction Company, Inc., a Wyoming corporation; M. V. Federer; Francis Ferguson; and Consolidated Construction Co., a Wyoming corporation v. The District Court in and for the County of Boulder, State of Colorado; and The Honorable Richard W. Dana, a Judge of said court No. 28373Supreme Court of Colorado. Decided January 29, […]

96 P.2d 12 PEOPLE EX REL. JORDAN v. DISTRICT COURT ET AL. No. 14,559.Supreme Court of Colorado. Decided October 23, 1939. Rehearing denied November 20, 1939. On petition for writ of prohibition. Writ granted. 1. MARRIAGE AND DIVORCE — Disregarding Decrees — Resultant Effect. Where parties are divorced, but disregarding the decree continue their former […]

55 P.2d 947 KASTNER v. KASTNER. No. 13,738.Supreme Court of Colorado. Decided February 24, 1936. Rehearing denied March 16, 1936. Action for divorce. Findings for plaintiff. Decree at instance of defendant. Affirmed. 1. DIVORCE AND ALIMONY — Findings for Plaintiff — Decree at Instance of Defendant. In an action for divorce, findings having been entered […]

The People of the State of Colorado, Plaintiff-Appellee, v. Reid Glazier Hansen, Defendant-Appellant. No. 93CA1133Colorado Court of Appeals. Decided November 9, 1995 Opinion Modified, and As Modified, Petition for Rehearing of Plaintiff-Appellee DENIED December 21, 1995. Petition for Writ of Certiorari DENIED August 19, 1996 Appeal from the District Court of Jefferson County Honorable Henry […]

Samir Dalal, Plaintiff-Appellant, v. Alliant Techsystems, Inc. d/b/a Metrum Information Storage; and Honeywell, Inc., Defendants-Appellees. No. 95CA0870Colorado Court of Appeals. Decided July 25, 1996 Petition for Rehearing DENIED August 22, 1996 Petition for Writ of Certiorari DENIED March 24, 1997. Page 831 Appeal from the District Court of Arapahoe County, Honorable Cheryl L. Post, Judge, […]

Donald O. Collier, Plaintiff-Appellee, v. The City and County of Denver, Defendant-Appellant. No. 83CA1188Colorado Court of Appeals. Decided August 23, 1984. Rehearing Denied September 27, 1984. Certiorari Granted March 11, 1985. Certiorari Dismissed April 24, 1986 as Improvidently Granted. Appeal from the District Court of the City and County of Denver Honorable John Brooks, Judge […]

Brian Keith HUGEN, Petitioner v. The PEOPLE of The State of Colorado, Respondent. No. 08PDJ036.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. Court of Colorado. December 17, 2008. Page 761 Attorney Regulation. Following a Readmission Hearing, a Hearing Board granted a Petition for Readmission filed by Brian Keith Hugen and readmitted […]

(551 P.2d 735) The People of the State of Colorado v. Edwin Darr No. 74-418Colorado Court of Appeals. Decided November 28, 1975. Rehearing denied April 1, 1976. Certiorari granted June 14, 1976. In a criminal case involving charges of attempted theft (receiving), the trial court ruled that the defendant was entitled to a judgment of […]

197 P.2d 318 PROSSER v. SCHMIDT ET AL. No. 16,070.Supreme Court of Colorado. Decided August 30, 1948. An action to compel specific performance of a contract to convey real property. Judgment of dismissal. Reversed. 1. CONTRACTS — Real Property — Specific Performance. In an action for specific performance of a contract to convey real estate, […]

(346 P.2d 307) RADIO STATION KTLN, INC., ET AL v. IRVA M. STEFFEN, ETC. No. 18,491.Supreme Court of Colorado. Decided November 9, 1959. Rehearing denied November 30, 1959. Action for injunction and damages against Radio Station involving use of name simulating call letters. Judgment for plaintiff. Reversed and Remanded With Directions. 1. TRADE MARKS AND […]

(547 P.2d 273) The People of the State of Colorado v. Mary Ann Norwood No. 75-060Colorado Court of Appeals. Decided November 28, 1975. Rehearing denied December 26, 1975. Certiorari denied March 8, 1976. Defendant was convicted of first degree murder in the shooting death of her husband, and she appealed. Affirmed 1. CRIMINAL LAW — […]

KELLY BONSER, Petitioner v. TODD H. SHAINHOLTZ, D.D.S., Respondent. No. 99SC301Supreme Court of Colorado. June 12, 2000 Certiorari to the Colorado Court of Appeals JUDGMENT REVERSED AND CASE REMANDED Heckman O’Connor, P.C. Brett Steven Heckman, Edwards, Colorado, Attorney for Petitioner. Pryor Johnson Montoya Carney Karr, P.C. Elizabeth C. Moran Daniel M. Hubbard, Englewood, Colorado, Attorneys […]

DEPARTMENT OF TRANSPORTATION OF the STATE of Colorado and Regional Transportation District, a political subdivision of the State of Colorado, Plaintiffs-Appellees, v. MARILYN HICKEY MINISTRIES, d/b/a Happy Church, Defendant-Appellant. No. 04CA0928.Colorado Court of Appeals. October 6, 2005. Appeal from the District Court, Arapahoe County, Marilyn Leonard, J. Page 1069 Duncan, Ostrander Dingess, P.C., Robert R. […]

In the matter of the Death of: Stephen William Kilian, Frontier Airlines, Inc., and Niagara Fire Insurance Company, Petitioners, v. Industrial Commission of Colorado, Charles McGrath, as Director of the Division of Labor, and Subsequent Injury Fund, Respondents. No. 81CA1002Colorado Court of Appeals. Decided June 24, 1982. Rehearing denied August 5, 1982. Certiorari denied December […]

The People of the State of Colorado, Plaintiff-Appellee, v. Jeffrey Fishback, Defendant-Appellant. No. 90CA0936Colorado Court of Appeals. Decided December 5, 1991. Rehearing Denied January 9, 1992. Certiorari Granted May 11, 1992 (92SC68). Certiorari Granted on the following issues: Whether the court of appeals erred in affirming the trial court’s admission of evidence of deoxyribonucleic acid […]

107 P.2d 241 STONE v. UNION FIRE INSURANCE COMPANY. No. 14,654.Supreme Court of Colorado. Decided November 4, 1940. Action on a fire insurance policy. Judgment for defendant. Reversed. 1. EVIDENCE — Hearsay. Principles underlying the rule concerning hearsay evidence reviewed, and applicability of the rule discussed. 2. INSURANCE — Fire — Evidence — Hearsay. In […]

(508 P.2d 1245) W. D. Enger, W. L. Beard, Clinton L. Kitson, John J. Arnhold, and Rose M. Beach, Individually and as Members and Representatives of the “Association of Voters of Colorado,” and Unincorporated Association v. The Walker Field, Colorado Public Airport Authority, a Colorado Body Corporate and Politic; The City of Grand Junction, Colorado, […]

The People of the State of Colorado, Plaintiff-Appellee, v. Ray Abila, Defendant-Appellant. No. 81CA1188Colorado Court of Appeals. Decided June 23, 1983. Rehearing Denied July 28, 1983. Appeal from the District Court of the City and County of Denver Honorable Sandra I. Rothenberg, Judge Page 433 Duane Woodard, Attorney General, Charles B. Howe, Deputy Attorney General, […]

In re the Custody of A.D.C., Child. Upon the Petition of Debra D. Miller and James L. Miller, Appellees, and Jodi V. Miller, Appellant. No. 96CA1663Colorado Court of Appeals. January 8, 1998 Appeal from the District Court of the City and County of Denver, Honorable Edward A. Simons, Judge, No. 95DR2175. ORDER AFFIRMED Page 709 […]

Santa Fe Trail Ranches Property Owners Association, Appellant, v. Harold D. Simpson, State Engineer; Steven J. Witte, Division Engineer; Purgatoire River Water Conservancy District; and City of Trinidad, Appellees. No. 99SA91.Supreme Court of Colorado. December 6, 1999. Appeal from the District Court, Water Division No. 2, Honorable John E. Anderson III. JUDGMENT AFFIRMED. Page 47 […]

(552 P.2d 18) Joseph C. Kuckler, Paige O. Lyda, The City and County of Denver, a Municipal corporation, Bill Davis, and Stout Street Electric Co., Inc., a Colorado corporation v. Russell D. Whisler No. C-753Supreme Court of Colorado. Decided July 12, 1976. Rehearing denied August 3, 1976. Action to recover for assault and battery, false […]

(355 P.2d 960) RALPH H. SPOMER, ET AL. v. CITY OF GRAND JUNCTION, ET AL. No. 19,436.Supreme Court of Colorado. Decided October 10, 1960. Action against city and another for wrongful removal of interred body in city cemetery. Judgment for defendants. Reversed. 1. PLEADING — Rules — Complaint — Purpose — Proof — Relief. Under […]

Mildred E. Trujillo, Petitioner, v. The Industrial Claim Appeals Office of the State of Colorado and Public Service Company of Colorado, Respondents. No. 97CA1791Colorado Court of Appeals. April 30, 1998 Page 1053 Review of Order from the Industrial Claim Appeals Office of the State of Colorado, WC No. 4-216-159. ORDER AFFIRMED Scott A. Meiklejohn, LLC, […]

Master Garage, Inc., Plaintiff-Appellant and Cross-Appellee, v. Mildred Bugdanowitz, Robert Bugdanowitz, and Raebern, Associates, Defendants-Appellees and Cross-Appellants. No. 82CA0061Colorado Court of Appeals. Decided April 12, 1984. Rehearing Denied May 10, 1984. Certiorari Denied November 5, 1984. Appeal from the District Court in and for the City and County of Denver Honorable Roger Cisneros, Judge Page […]

(546 P.2d 951) Terry J. Tucker v. Gary Shoemaker, Sheriff, Teller County, Colorado No. 26947Supreme Court of Colorado. Decided February 23, 1976. Opinion modified March 22, 1976. Appeal by prisoner from a discharge by the district court of a writ of habeas corpus attacking extradition proceedings. Affirmed 1. EXTRADITION — Res Judicata — Limited Application. […]

Freddie Lee Morris, Petitioner-Appellant, v. Ed Nelson, Sheriff of Arapahoe County, State of Colorado, Respondent-Appellee. No. 82SA13Supreme Court of Colorado. Decided March 14, 1983. Page 1387 Appeal from the District Court of Arapahoe County, Honorable Robert F. Kelley, Judge. J. Gregory Walta, Colorado State Public Defender, Philip A. Cherner, Deputy State Public Defender, for petitioner-appellant. […]

The May Department Stores Company, and May Centers, Inc., formerly the May Stores Shopping Center, Inc., Plaintiffs-Appellants and Cross-Appellees, v. University Hills, Inc., Hutchinson Sales Corporation and SLP, Inc., Defendants-Appellees, and ALC CO., Defendant-Appellee and Third-Party Plaintiff-Cross-Appellant, v. May Design and Construction Company, Third-Party Defendant and Cross-Appellee, and The May Department Stores Company, and May […]

The People of the State of Colorado, Plaintiff-Appellee, v. Donaciano Esquibel, Defendant-Appellant. No. 87CA1685Colorado Court of Appeals. Decided January 25, 1990. Petitions for Rehearing Denied March 8, 1990. Certiorari Denied July 16, 1990 (90SC201). Appeal from the District Court of Weld County Honorable Jonathan W. Hays, Judge Duane Woodard, Attorney General, Charles B. Howe, Chief […]

(220 P.2d 725) RING v. MARTZ No. 16,456.Supreme Court of Colorado. Decided July 1, 1950. An action to recover possession of an automobile, and for damages for its alleged wrongful detention by defendant. Judgment for plaintiff. PER CURIAM. Judgment affirmed en banc without written opinion. Error to the District Court Larimer County, Hon. James D. […]

(290 P.2d 223) ERWIN L. REGENNITTER v. FREEMAN D. FOWLER, ET AL. No. 17,647.Supreme Court of Colorado. Decided November 14, 1955. Rehearing denied December 12, 1955. Suit to restrain issuance of building permit claimed to be in violation of zoning ordinance. The trial court dismissed the complaint and the plaintiff brings error. Reversed and Remanded. […]

(543 P.2d 1307) In re the Matter of: The Golden State Bank, a Colorado corporation v. Joseph F. Dolan, Executive Director, Colorado Department of Revenue No. 75-127Colorado Court of Appeals. Decided October 9, 1975. Opinion modified and as modified petition for rehearing denied November 20, 1975. Certiorari denied January 12, 1976. Claiming a right under […]

Duane K. Adair, Petitioner, v. The People of The State of Colorado, Respondent. No. 80SC294Supreme Court of Colorado. Decided August 9, 1982. Certiorari to the Colorado Court of Appeals Page 390 J. Gregory Walta, Colorado State Public Defender, Samuel W. McClure, Deputy State Public Defender, for petitioner. J. D. MacFarlane, Attorney General, Richard F. Hennessey, […]

186 P.2d 581 SHORE ET AL. v. WALLACE. No. 15,790.Supreme Court of Colorado. Decided November 10, 1947. An action to recover balance alleged to be due for services rendered. Judgment for plaintiff. Affirmed. 1. CONTRACTS — Labor — Engineer’s Estimates. Where an agreement for the loading of rock on trucks does not provide that the […]

The People of the State of Colorado, Plaintiff-Appellee, v. John C. Harrison, Defendant-Appellant. No. 85CA0960Colorado Court of Appeals. Decided September 24, 1987. Rehearing Denied October 29, 1987. Certiorari Denied February 8, 1988 (87SC447). Appeal from the District Court of Pueblo County Honorable Thomas F. Phelps, Judge Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy […]

(550 P.2d 352) James F. Gladin and Faye J. Gladin v. R. D. Von Engeln, individually and as General Partner of Interstate Eighth Street Company, a limited partnership, and Interstate Eighth Street Company, a limited partnership and The City of Colorado Springs, a municipal corporation No. 75-072Colorado Court of Appeals. Decided March 25, 1976. Rehearing […]

96 P.2d 7 MARKER v. CITY SAVINGS, BUILDING AND LOAN ASSOCIATION, ET AL. No. 14,503.Supreme Court of Colorado. Decided October 23, 1939. Proceeding involving allowance of claims in a receivership matter. Judgment of dismissal. Reversed. 1. APPEAL AND ERROR — Reversal — Instructions. Where a trial court, disregarding instructions of the reviewing tribunal enters orders […]

(455 P.2d 874) Steel Placers, Inc., State Compensation Insurance Fund, and Industrial Commission of Colorado v. Russell Reese. No. 23549.Supreme Court of Colorado. Decided June 23, 1969. Workmen’s compensation proceedings. From judgment of trial court vacating award and directing Commission to enter findings consistent with written findings of fact and judgment of court, and ordering […]

164 P.2d 472 BRUNTON ET AL. v. INTERNATIONAL TRUST COMPANY, TRUSTEE ET AL. No. 15,442.Supreme Court of Colorado. Decided November 5, 1945. Rehearing denied December 17, 1945. A proceeding involving the construction of trust indentures. Judgment for plaintiff. Affirmed in Part. Reversed in Part. 1. TRUST INDENTURES — Construction — Beneficiaries. In an action involving […]

Erik Hans Brakhage, Plaintiff-Appellee, v. Colorado Department of Revenue, Motor Vehicle Division, Defendant-Appellant. No. 84CA0778Colorado Court of Appeals. Decided August 29, 1985. Rehearing Denied October 3, 1985. Certiorari Granted December 9, 1985 (85SC413). Appeal from the District Court of Boulder County Honorable Michael R. Enwall, Judge No Appearance for Plaintiff-Appellee. Duane Woodard, Attorney General, Charles […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. John Thomas BEILKE, Defendant-Appellant. No. 07CA0137.Colorado Court of Appeals. June 25, 2009. Appeal from the District Court, Mesa County, Edwin G. Ruland, J. Page 147 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]

(235 P.2d 997) DOLAN v. RUSSELL ET AL. No. 16,246.Supreme Court of Colorado. Decided July 30, 1951. Rehearing denied September 24, 1951 An action for accounting. Judgment of dismissal, and for defendants for costs. PER CURIAM. JUDGMENT affirmed en banc without written opinion. Error to the District Court of the City and County of Denver, […]

In re the Marriage of Virginia Dechant, Appellee, and Raymond Dechant, Sr., Appellant. No. 92CA1989Colorado Court of Appeals. Decided December 16, 1993 Page 194 Appeal from the District Court of Prowers County Honorable Norman L. Arends, Judge No. 91DR101 JUDGMENT AFFIRMED IN PART AND CAUSE REMANDED WITH DIRECTIONS George McLachlan, Lamar, Colorado, for Appellee Brinkley […]

(220 P.2d 551) OESTEREICK v. ROPER ET AL. No. 16,321.Supreme Court of Colorado. Decided June 5, 1950. Rehearing denied July 1, 1950. An action to restrain a public trustee from foreclosing a deed of trust on plaintiff’s property, and for an order declaring the trust deed void and of no effect as a lien against […]

130 P.2d 1053 WILSON ET AL. v. SMITH ET AL. No. 14,875.Supreme Court of Colorado. Decided October 19, 1942. Rehearing denied November 9, 1942. Action for damages for personal injuries for which an award had previously been made under the Workmen’s Compensation Act. Judgment of dismissal as to plaintiff Wilson. Reversed. 1. WORKMEN’S COMPENSATION — […]

(347 P.2d 518) FRANK E. LOHR v. ANNA E. WILLS, ETC. No. 18,362.Supreme Court of Colorado. Decided December 7, 1959. Action to cancel lease of water allegedly given as security for a loan of money. Judgment for plaintiff. Affirmed. 1. PLEADINGS — Complaint — Sufficiency. A complaint in an action for cancellation of a lease […]

(500 P.2d 1183) Walter Dean Erickson v. City and County of Denver No. C-172Supreme Court of Colorado. Decided September 18, 1972. Certiorari to Superior Court to review defendant’s conviction of reckless driving and drag racing. Certiorari Dismissed 1. CERTIORARI — Reckless Driving — Drag Racing — Factual — Dismissal. Where defendant’s conviction of reckless driving […]

(579 P.2d 618) Margaret Adams v. John D. Leidholt, Richert E. Quinn, Jr., and Sisters of Charity of Leavenworth, a non-profit corporation, d/b/a Saint Joseph’s Hospital No. C-1214Supreme Court of Colorado. Decided May 30, 1978. Modification of opinion granted June 19, 1978. Action by petitioner against two doctors and hospital seeking damages for alleged malpractice. […]

The People of the State of Colorado, Plaintiff-Appellant, v. Fran Margaret Allen Corley, Defendant-Appellee. No. 84SA239Supreme Court of Colorado. Decided April 29, 1985. Interlocutory Appeal, District Court, Jefferson County Honorable Ruthanne N. Polidori, Judge Nolan L. Brown, District Attorney, John R. Flanders, Deputy District Attorney, for Plaintiff-Appellant. Steven R. Newell, P.C., Steven R. Newell, Steven […]

(431 P.2d 97) Steven Lee Stubert v. The County Court for the County of Jefferson and Robert K. Willison, Judge of the County Court for the County of Jefferson. No. 22977.Supreme Court of Colorado. Decided September 25, 1967. Rehearing denied November 20, 1967. Original proceeding involving the issuance of an unverified summons and complaint for […]

(475 P.2d 629) In the Matter of the Estate of Charles Walter Allen, also known as C. Walter Allen, Deceased, Frank Allen v. The First National Bank of Denver as Special Administrator of the Estate of Charles Walter Allen, also known as C. Walter Allen, Deceased, and as Executor named in the Last Will and […]

The People of the State of Colorado, Plaintiff-Appellee, v. James Allen Cooper, Defendant-Appellant. No. 82SA454Supreme Court of Colorado. Decided May 2, 1983. Appeal from the District Court of Lincoln County, Honorable George M. Gibson, Judge. Page 479 J. D. MacFarlane, Attorney General, Charles B. Howe, Deputy Attorney General, Joel W. Cantrick, Solicitor General, Laura E. […]

State Farm Mutual Automobile Insurance Company, Petitioner, v. Louise Nissen, Respondent. No. 92SC207Supreme Court of Colorado. Decided April 19, 1993. Certiorari to the Colorado Court of Appeals Levy Lambdin, P.C., Marc R. Levy, Karen H. Wheeler, for Petitioner. Rotole, Jaunarajs, Blanchard Lumbye, Jack F. Rotole, Paul F. Lumbye, III, for Respondent. EN BANC JUSTICE MULLARKEY […]

(425 P.2d 259) Four Counties Water Users Association v. Colorado River Water Conservation District. No. 21358.Supreme Court of Colorado. Decided January 23, 1967. Rehearing denied April 10, 1967. Action involving an adjudication of water rights. From portions of conditional decrees for the appropriation of water, error was brought. Reversed. 1. WATERS and WATER COURSES — […]

178 P.2d 947 JORDAN v. JORDAN. No. 15,823.Supreme Court of Colorado. Decided March 24, 1947. An action for divorce. Judgment for plaintiff. Affirmed in department without written opinion, Mr. Chief Justice Burke, Mr. Justice Jackson and Mr. Justice Luxford, participating. Error to the District Court of Grand County, Hon. Charles E. Herrick, Judge. Mr. ADDISON […]

(592 P.2d 1355) The People of the State of Colorado ex rel. Robert Freed v. The County Court in and for the City and County of Denver and The Honorable L. Paul Weadick, One of the Judges thereof No. 78-1110Colorado Court of Appeals. Decided March 15, 1979. City sought reversal of an order granting relief […]

(530 P.2d 1274) James Edward Bryan v. Richard D. Conn, Sheriff of Gilpin County, Colorado No. 26161Supreme Court of Colorado. Decided January 13, 1975. Defendant after arrest in Colorado petitioned for a writ of habeas corpus with reference to Governor of Florida’s endeavor to have him extradited for a hearing to determine whether defendant violated […]