Category: Colorado Court Opinions

(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 […]

Jake Gonzales, Petitioner, v. Industrial Commission of the State of Colorado, Director, Department of Labor and Employment, Division of Labor, State of Colorado and Barnett Construction Company and Royal Insurance Company, Respondents. No. 83CA1041Colorado Court of Appeals. Decided April 19, 1984. Rehearing Denied May 17, 1984. Certiorari Granted October 15, 1984 (84SC204). Certiorari Dismissed Pursuant […]

Concerning the Application for Water Rights of: Purgatoire River Water Conservancy District, in Las Animas County. The Fort Lyon Canal Company, Appellant and Cross-Appellee, v. Purgatoire River Water Conservancy District, Appellee and Cross-Appellant, and The Southeastern Colorado Water Conservancy District, Steven J. Witte, Division Engineer, Water Division No. 2, District 67 Irrigating Canals Association, individually, […]

City of Idaho Springs, a municipal corporation, Plaintiff-Appellee, v. Ben Blackwell, Blaine Thomas, and Max L. Martin, individually and as Representatives of a Class of Persons Signing that Certain Referendum Petition Protesting Any Ordinance, Resolution or other Measure of the City Council of the City of Idaho Springs Regarding Appropriation or Allocation of Revenues, Funds, […]

(213 P.2d 836) MUMM ET AL. v. TAYLOR ET AL. No. 16,096.Supreme Court of Colorado. Decided January 9, 1950. An action to recover payment on a draft. Judgment for plaintiffs. Affirmed. 1. TRIAL — Instructions. In an action on a draft, objection to the giving of an instruction, because it referred to matters not covered […]

(531 P.2d 635) Esther M. Moss v. George Wayne Moss No. 73-259Colorado Court of Appeals. Decided November 26, 1974. Rehearing denied December 17, 1974. Certiorari granted February 24, 1975. In divorce action, trial court ordered payment of periodic alimony for period of five years and ordered a division of the marital property. Wife appealed. Affirmed […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Rosten Lee CLARK, Defendant-Appellant. No. 07CA0157.Colorado Court of Appeals. March 19, 2009. Certiorari Granted August 17, 2009. Appeal from the District Court, Mesa County, Amanda D. Bailey, J. Page 532 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

138 P.2d 930 COREY v. LONG ET AL. No. 15,298.Supreme Court of Colorado. Decided May 17, 1943. Rehearing denied June 21, 1943. A suit involving the use of water from a natural stream. Title to water right quieted in defendants. Affirmed. On Application for Supersedeas. 1. WATER RIGHTS — Change of Point of Diversion — […]

The PEOPLE of the State of Colorado, Petitioner-Appellee, In the Interest of K.T., a/k/a K.P., a Child, and Concerning C.T., Respondent-Appellant. No. 05CA1123.Colorado Court of Appeals. December 1, 2005. Rehearing Denied February 2, 2006. Appeal from the District Court, Mesa County, Brian J., Flynn, J. Page 1081 Maurice Lyle Dechant, County Attorney. David Frankel, Assistant […]

Wayne Cope v. Vermeer Sales and Service of Colorado, Inc. No. 81CA0438Colorado Court of Appeals. Decided April 8, 1982. Rehearing denied May 20, 1982. Certiorari denied August 9, 1982. Appeal from the District Court of El Paso County, Honorable Joe A. Cannon, Judge. Page 1308 Howard Morrison, for plaintiff-appellant. Kane, Donley Wills, Earl William Shaffer, […]

Steven M. Fueston, d/b/a Peppermint Lounge, Plaintiff-Appellant, v. City of Colorado Springs, Defendant-Appellee. No. 84CA0897Colorado Court of Appeals. Decided July 18, 1985. Rehearing Denied September 12, 1985. Certiorari Denied Fueston February 24, 1986 (85SC396). Appeal from the District Court of El Paso County Honorable David D. Parrish, Judge Page 1324 Don H. Meinhold, P.C., Don […]

National Junior College Athletic Association, Petitioner-Appellee, and Board of Assessment Appeals of the State of Colorado, Appellee, v. Mary Huddleston, in her official capacity as Property Tax Administrator of the State of Colorado, Respondent-Appellant. No. 96CA1359Colorado Court of Appeals. May 1, 1997 Appeal from the Colorado State Board of Assessment Appeals, No. 30724 ORDER AFFIRMED […]

2 P.2d 1081 LUTZ v. BECKER. No. 12,465.Supreme Court of Colorado. Decided July 6, 1931. Rehearing denied September 14, 1931. Action for conversion. Judgment for plaintiff. Affirmed. 1. CONVERSION — Defined. Conversion is any distinct unauthorized act of dominion or ownership exercised by one person: over personal property belonging to another. 2. Offer to Return […]

The People of the State of Colorado, Plaintiff-Appellant, v. Everett Fred Allen, Defendant-Appellee. No. 81SA472Supreme Court of Colorado. Decided January 24, 1983. Page 448 Appeal from the District Court of Pueblo County, Honorable Jack F. Seavy, Judge. Robert R. Gallagher, Jr., District Attorney, Catherine P. Richardson, Deputy District Attorney, for plaintiff-appellant. Davis Fritsche, William J. […]

37 P.2d 1095 BOSICK v. YOUNGBLOOD. No. 13,152.Supreme Court of Colorado. Decided June 12, 1934. Rehearing denied November 26, 1934. Action for damages for fraud and deceit in a real estate trade. Judgment for plaintiff. Reversed. 1. PRINCIPAL AND AGENT — Brokers — Evidence. The fact that a party to a real estate trade paid […]

(599 P.2d 887) The Board of County Commissioners of Boulder County, a Colorado body corporate and politic, and as the Boulder County Board of Equalization; and Margaret B. Markey; John P. Murphy; and Walden D. Toevs, individually and as members of the Board of County Commissioners and the Board of Equalization; and the Board of […]

Becker Tenenbaum, an Illinois general partnership; J. Samuel Tenenbaum, an individual, Tenenbaum Senderowitz, an Illinois general partnership, and Stephen J. Senderowitz, an individual, Plaintiffs-Appellees, v. Eagle Restaurant Company, Inc., a Colorado corporation, and David C. Dowell, an individual, Defendants-Appellants. No. 96CA1313Colorado Court of Appeals. October 2, 1997 Petition for Writ of Certiorari DENIED May 4, […]

In Re: Plaintiff: CLPF-PARKRIDGE ONE, L.P., a Delaware limited partnership, f/k/a Clarion Lion Properties Fund — Parkridge One, LLC, a Delaware limited liability company, v. Defendants: HARWELL INVESTMENTS, INC., f/k/a Denver Architectural Precast, a Colorado corporation; and FDG, Inc., a Colorado corporation. No. 04SA182.Supreme Court of Colorado. En Banc. January 31, 2005. Appeal from the […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Blanch Cleveland HODGE, a/k/a Blanch Cleveland Hodge, Jr., Defendant-Appellant. No. 06CA1936.Colorado Court of Appeals. October 30, 2008. Rehearing Denied March 12, 2009. Page 482 Appeal from the District Court, El Paso County, David Gilbert, J. Page 483 John W. Suthers, Attorney General, Rebecca A. Adams, Assistant […]

The People of the State of Colorado, Complainant, v. William Hedges Robinson, III, Attorney-Respondent. No. 93SA140Supreme Court of Colorado. Decided June 7, 1993. Original Proceeding in Discipline Linda Donnelly, Disciplinary Counsel, John S. Gleason, Assistant Disciplinary Counsel, for Complainant. William Hedges Robinson, III, Pro Se. EN BANC PER CURIAM. [1] An inquiry panel of the […]

141 P.2d 173 OGDEN FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION v. ARMSTRONG, TREASURER ET AL. No. 15,030Supreme Court of Colorado. Decided August 17, 1943. Action by a savings and loan association to secure a release of cash and securities deposited with and held by state officials as security for Colorado investors in the association. Judgment […]

(364 P.2d 588) MAX TOLAND, JUSTICE OF THE PEACE, ETC. v. LAWRENCE A. STROHL. No. 19,340.Supreme Court of Colorado. Decided September 5, 1961. Certiorari to review proceedings before a justice of the peace. From a judgment vacating the proceedings, the defendant brings error. Reversed. 1. PRACTICE AND PROCEDURE. — Rules — Certiorari — Justice of […]

The People of the State of Colorado, Plaintiff-Appellee, v. Neal A. Harris, a/k/a Andre Neal Harris, Defendant-Appellant. No. 93CA0784Colorado Court of Appeals. Decided August 4, 1994. Opinion Modified, and as Modified, Petitions for Rehearing DENIED September 1, 1994. Petition for Writ of Certiorari DENIED March 20, 1995. Appeal from the District Court of Arapahoe County […]

The People of the State of Colorado, Plaintiff-Appellee, v. Rodney D. Tow, Defendant-Appellant. No. 98CA0450Colorado Court of Appeals. July 22, 1999 Appeal from the District Court of Weld County, Honorable Roger A. Klein, Judge, No. 97CR383. JUDGMENT AFFIRMED Page 666 Ken Salazar, Attorney General, Barbara McDonnell, Chief Deputy Attorney General, Michael E. McLachlan, Solicitor General, […]

(405 P.2d 744) Donald L. Isbell v. The People of The State of Colorado. No. 20493Supreme Court of Colorado. Decided September 13, 1965. Rehearing Denied October 4, 1965. Defendant was convicted of the crime of incest and brings error. Affirmed. 1. INCEST — Record — Finding — Confession — Admissibility. In a prosecution for incest, […]

(270 P.2d 751) STATE HIGHWAY DEPARTMENT v. SWIFT ET AL. No. 17,122.Supreme Court of Colorado. Decided May 17, 1954. Rehearing denied June 7, 1954. A proceeding under the Eminent Domain Statute to condemn property for state highway purposes. The trial court denied a motion to Construe or withdraw a stipulation of the parties. Affirmed. 1. […]

(559 P.2d 1108) The People of the State of Colorado v. Carol D. Henderson No. 75-917Colorado Court of Appeals. Decided October 21, 1976. Rehearing denied November 26, 1976. Certiorari denied February 14, 1977. Convicted of felony theft (shoplifting), defendant appealed. Affirmed 1. CRIMINAL LAW — Evidence — Constitutional Prohibition — Searches and Seizures — By […]

76 P.2d 1113 OLSON ET AL. v. TAX SERVICE CORPORATION. No. 14,200.Supreme Court of Colorado. Decided February 21, 1938. Rehearing denied March 14, 1938. Suit to quiet title. Judgment for plaintiff. Affirmed. 1. TAXES AND TAXATION — Deed — Validity — Assessment — Quieting Title. In a suit to quiet title to property held under […]

Fred J. JOSEPH, Securities Commissioner for the State of Colorado, Plaintiff-Appellant, v. EQUITY EDGE, LLC, Equity Edge Preferred Income Fund I, LLC, Equity Edge Companies, LLC, Equity Edge Communities, LLC, Equity Edge Communities Arizona, LLC, Equity Edge Private Holdings, LLC, Mark Lane, Christopher Brenner, Virginia Ryan, Equity Edge Wealth Advisors, LLC, Daniel Spiranac, Spiranac Corporation, […]

Public Service Company of Colorado, Petitioner/Cross-Respondent, v. Wallis and Companies, Respondent/Cross-Petitioner. No. 97SC792Supreme Court of Colorado. September 13, 1999 Certiorari to the Colorado Court of Appeals JUDGMENT REVERSED AND CASE REMANDED Page 925 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 926 […]

201 P.2d 371 IOWA MUTUAL INSURANCE COMPANY v. HAYUTIN. No. 16,050.Supreme Court of Colorado. Decided November 29, 1948. Rehearing denied January 3, 1949. An action on a fire insurance policy. Judgment for plaintiff. Reversed. 1. INSURANCE — Fire — Policy Construction. In an action on a fire insurance policy, it is held, under the disclosed […]

The People of the State of Colorado, Plaintiff-Appellant, v. Robert Jay Foster, Defendant-Appellee. No. 89SA293Supreme Court of Colorado. Decided March 19, 1990. Interlocutory Appeal from District Court Mesa County Honorable Harold Moss, Judge Page 826 Stephen K. ErkenBrack, District Attorney, Frank J. Daniels, Chief Deputy District Attorney, for Plaintiff-Appellant. Robb, Skinner, Achziger Nugent, Edward J. […]

Richard D. Krow, Plaintiff-Appellant, v. Union Pacific Railroad Company, a corporation, Defendant-Appellee. No. 83CA0639Colorado Court of Appeals. Decided May 17, 1984. Rehearing Denied June 14, 1984. Appeal from the District Court of the City and County of Denver Honorable Sandra I. Rothenberg, Judge Morrisard Rossi, P.C., John J. Rossi, John H. Inderwish, for plaintiff-appellant. Gorsuch, […]

494 P.2d 115 Willard Klipfel v. Bernard Neill No. 71-361Colorado Court of Appeals. Decided February 15, 1972. Action for labor and materials by plaintiff who had, by agreement, constructed for defendant two water stock tanks that complied with Department of Agriculture specifications. Contract price awarded plaintiff on quantum meruit basis. Defendant appealed. Affirmed 1. CONTRACTS […]

CITY OF COLORADO SPRINGS, Colorado, Petitioner-Appellant, v. ANDERSEN MAHON ENTERPRISES, LLP, Respondent-Appellee. No. 09CA1467.Colorado Court of Appeals. July 22, 2010. Appeal from the District Court, El Paso County, No. 08CV4195, 2009 WL 5788611, Kirk S. Samelson, J. Page 537 Patricia K. Kelly, City Attorney, William B. Bain, Assistant City Attorney, Colorado Springs, Colorado; Welborn Sullivan […]

J. Craig Ellis, Plaintiff-Appellant, v. The City of Lakewood, a municipal corporation and Home Rule City; Larry Rice, in his official capacity as City Manager of the City of Lakewood; Donald Rose, Dennis Matesky, H.W. Scatterday, David Larkin, Kathy Stapleton, Carol Bacher, Norma Beard, Thomas D. Leadabrand, Linda Morton, and Richard Myers, in their official […]

(430 P.2d 83) Rudolph R. Bartosik v. The People of the State of Colorado. No. 22144.Supreme Court of Colorado. Decided July 17, 1967. Defendant was charged with the crime of taking indecent liberties with the person of a minor child and was adjudged insane. From a denial of his petition for restoration to competency, the […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Richard Eugene STANLEY, a/k/a Rick Eugene Stanley, Jr., Defendant-Appellant. No. 04CA2164.Colorado Court of Appeals. April 5, 2007. Rehearing Denied June 14, 2007. Certiorari Denied November 19, 2007. Appeal from the District Court, Adams County, Joseph R. Quinn, J. Page 783 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

72 P.2d 274 SCOTT v. BOMA INVESTMENT COMPANY. No. 14,035.Supreme Court of Colorado. Decided September 20, 1937. Action for money had and received. Judgment of dismissal. Reversed. 1. CONTRACTS — Implied — Actions. Where one has received money which in equity and good conscience he ought to pay over to another, the law creates a […]

129 P.2d 292 DRY CREEK No. 2 DITCH COMPANY ET AL. v. COAL RIDGE DITCH COMPANY. No. 14,764.Supreme Court of Colorado. Decided June 1, 1942. Rehearing denied September 28, 1942. A proceeding to change the point of diversion of water used for irrigation. Decree for petitioner. Affirmed Conditionally. 1. WATER RIGHTS — Change of Point […]

In Re Reapportionment of the General Assembly. No. 92SA19Supreme Court of Colorado. Decided March 30, 1992. Original Proceeding Pursuant to the Rules Regarding Reapportionment. Page 214 Holme, Roberts Owen, Daniel S. Hoffman, Daniel J. Dunn, Stephen P. Ward; Colorado Reapportionment Commission, Rebecca C. Lennahan, for the Colorado Reapportionment Commission. Charles H. Richardson, Christopher K. Daly, […]

25 P.2d 1113 HEINI ET AL. v. BANK OF KREMMLING. No. 12,941.Supreme Court of Colorado. Decided October 9, 1933. Action for value of gravel removed from real property; cross-complaint for reformation of deed and to quiet title. Judgment for defendant. Affirmed. 1. APPEAL AND ERROR — Deficient Abstract — Presumption. Where the evidence is not […]

State Farm Mutual Automobile Insurance Company, Plaintiff-Appellant, v. Renee W. Stein, Brent Stein, Monte Stein, Dionne Stein, and Sarah Stein, Defendants-Appellees. No. 93CA1143Colorado Court of Appeals. Decided November 17, 1994 Appeal from the District Court of Douglas County Honorable Thomas J. Curry, Judge No. 92CV249. JUDGMENT REVERSED AND CAUSE REMANDED WITH DIRECTIONS Levy and Lambdin, […]

(369 P.2d 786) JOSE A. GONZALES v. THE PEOPLE OF THE STATE OF COLORADO. No. 19,905.Supreme Court of Colorado. Decided March 19, 1962. Defendant was convicted of passing a fictitious check with intent to defraud, and brings error. Affirmed. 1. CRIMINAL LAW — Fictitious Check — Intent to Defraud. The act of making or passing […]

(373 P.2d 940) SHELIA MATHER NUNNALLY, ET AL., v. AL HILDERMAN, JR. No. 19,842.Supreme Court of Colorado. Decided July 2, 1962. Rehearing denied August 27, 1962. Action for specific performance of alleged contract for the conveyance of land. Judgment for plaintiff. Reversed. 1. PRINCIPAL AND AGENT — Conveyance of Land — Authority of Agent — […]

The People of the State of Colorado, Complainant, v. James W. Phelps, Attorney-Respondent. No. 92SA63Supreme Court of Colorado. Decided September 21, 1992. Original Proceeding in Discipline Linda Donnelly, Disciplinary Counsel, Jay P.K. Kenney, Assistant Disciplinary Counsel, for Complainant. James W. Phelps, Pro Se. EN BANC PER CURIAM [1] In this attorney disciplinary proceeding, a hearing […]

Martin A. Pleasant, Petitioner, v. Dan Tihonovich, Sheriff of the County of Pueblo, State of Colorado, Respondent. No. 82SA233Supreme Court of Colorado. Decided June 28, 1982. Original Proceeding J. Gregory Walta, Colorado State Public Defender, Daniel W. Edwards, Deputy State Public Defender, for petitioner. G. F. Sandstrom, Jr., District Attorney, Matthew Martin, Deputy District Attorney, […]

(384 P.2d 946) HENRY C. GLISAN v. ROBERT J. KURTH, ET AL. No. 20,610.Supreme Court of Colorado. Decided September 3, 1963. From dismissal of his third party complaint on ground that he failed to obey pre-trial order, the defendant brings error. Reversed. 1. TRIAL — Pre-trial Order — Purpose — Limitation. While pre-trial procedure contributes […]

The People of the State of Colorado, Plaintiff-Appellee, v. Ralph Simmons, Defendant-Appellant. No. 85SA102Supreme Court of Colorado. Decided September 2, 1986. Appeal from District Court, City and County of Denver Honorable Leonard P. Plank, Judge Page 1351 Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, Solicitor General, Cynthia Nimerichter, […]

The People of the State of Colorado, Plaintiff-Appellee, v. Robert D. Gandy, Defendant-Appellant. No. 92CA0728Colorado Court of Appeals. Decided February 24, 1994. The opinion was Modified, and as Modified Petition for Rehearing Denied June 16, 1994. Petition for Rehearing DENIED July 13, 1995. Petition for Writ of Certiorari DENIED January 8, 1996. Appeal from the […]

(431 P.2d 859) Basil Leo McKinley v. Colorado Farm Bureau Mutual Insurance Company, a Colorado corporation. No. 21216.Supreme Court of Colorado. Decided September 25, 1967. Action by plaintiff seeking to recover additional sum of money under terms of policy insuring car he was not driving at time of accident. Judgment for defendant. Affirmed. 1. CONTRACTS […]

(395 P.2d 19) THE PEOPLE OF THE STATE OF COLORADO v. ROMAN JOHNSON, ET AL. No. 20688.Supreme Court of Colorado. Decided August 31, 1964. From an ex parte order entered by the trial court directing the release of an appearance bond, the People brought error. Reversed and Remanded 1. BAIL — District Attorney — Duties […]

(355 P.2d 938) JOHN PANION v. GEORGE J. CRICHTON, ET AL. No. 18,898.Supreme Court of Colorado. Decided September 26, 1960. Rehearing denied October 24, 1960. Action for damages resulting from automobile collision. Judgment for defendants. Affirmed. 1. AUTOMOBILES — Trial — Motion for Directed Verdict — Evidence —How Viewed. A party making a motion for […]

(498 P.2d 923) North Eastern Motor Freight, Inc. v. The Public Utilities Commission of the State of Colorado and J.B. Montgomery, Inc. No. 25222Supreme Court of Colorado. Decided June 12, 1972. Action by motor freight corporation seeking review of decision of Public Utilities Commission which granted a certificate of public convenience and necessity to applicant […]

The People of the State of Colorado, Plaintiff-Appellee, v. Frank Woertman, Defendant-Appellant. No. 86CA1069Colorado Court of Appeals. Page 444 Decided July 6, 1989. Rehearing Denied August 17, 1989. Certiorari Granted January 8, 1990 (89SC492). Page 445 Appeal from the District Court of the City and County of Denver Honorable William G. Meyer, Judge Duane Woodard, […]

(396 P.2d 730) GEORGE L. RAY v. JOHN M. SCHOOLEY AND JAMES SLAVIN. No. 20830.Supreme Court of Colorado. Decided November 23, 1964. Action upon a habeas corpus petition. Writ of Error Dismissed. 1. APPEAL AND ERROR — Rules — Dismissal. Upon plaintiff in error’s failure to move for substitution of successors in office for the […]

(324 P.2d 378) JOHN C. BARTELL v. PEOPLE OF THE STATE OF COLORADO. No. 18,564.Supreme Court of Colorado. Decided April 21, 1958. Petition for a writ of habeas corpus by inmate of State Penitentiary. From denial of the writ the petitioner brings error. Affirmed. 1. CRIMINAL LAW — Sentence — Age — Statute. Under C.R.S. […]

13 P.2d 260 NATIONAL SURETY COMPANY v. MORLAN. No. 12,702.Supreme Court of Colorado. Decided June 27, 1932. Action on burglary insurance policy. Judgment for plaintiff. Reversed. 1. TRIAL — Insurance Corporations. An insurance company is entitled to the same fair trial as an individual. 2. Misconduct of Counsel. Unjustified remarks of counsel in argument to […]

(543 P.2d 1249) The People of the State of Colorado v. R. T. Thomas No. 26292Supreme Court of Colorado. Decided December 29, 1975. Defendant was convicted of possession of a narcotic drug, heroin, and appealed. Affirmed 1. SEARCHES AND SEIZURES — Affidavit — Statement — Informant Was Reliable — — Standing Alone — Insufficient — […]

Leila Jeanne Hill, Audrey Himmelmann, and Everitt W. Simpson, Jr., Plaintiffs-Appellants, v. City of Lakewood, Colorado; Gale A. Norton, in her official capacity as Attorney General of the State of Colorado; and the State of Colorado, Roy Romer, Governor, Defendants-Appellees. No. 94CA0856Colorado Court of Appeals. June 26, 1997 Petition for Rehearing DENIED July 24, 1997 […]

52 P.2d 1152 KNAUS v. YODER. No. 13,613.Supreme Court of Colorado. Decided November 12, 1935. Rehearing denied December 23, 1935. Action for damages for personal injuries resulting from an automobile accident. Judgment for plaintiff. Affirmed. 1. APPEAL AND ERROR — Fact Findings. Fact findings by a jury, based on conflicting evidence, will not be disturbed […]

(344 P.2d 440) EDITH EVERY MARSHALL v. EDWARD O. GEER, MANAGER OF SAFETY, ETC. No. 18,805.Supreme Court of Colorado. Decided September 21, 1959. Rehearing denied October 13, 1959. Petition for writ of habeas corpus. Writ discharged and petitioner remanded to custody. Affirmed. 1. HABEAS CORPUS — Successive Applications. The same court will not ordinarily entertain […]

The People of the State of Colorado, Plaintiff-Appellee, v. Joseph Padilla, Defendant-Appellant. No. 92CA1227Colorado Court of Appeals. Decided December 2, 1993. Rehearing Denied February 10, 1994. Certiorari Granted August 14, 1994. Cross-Petition for Certiorari Denied August 15, 1994. Appeal from the District Court of the City and County of Denver Honorable Federico C. Alvarez, Judge […]

Kent Hytken; Future Residential, LLC; Hytken Partnership I, LLC; and Hytken Partnership, LLC, Plaintiffs-Appellants, v. Daniel F. Wake; J. S. Horowitz; Krendl, Horowitz Krendl; Horowitz Wake; James J. Peters; Christopher L. Tureson; Riggs, Abney, Neal, Turpen, Orbison Lewis; and Vranesic, Peters McBride, P.C., Defendants-Appellees. No. 01CA2107.Colorado Court of Appeals. Division II. September 26, 2002. Certiorari […]

(423 P.2d 7) John H. Kehmeier and Norman Kehmeier v. Harolson R. Gilger and Rose Baker. No. 21014.Supreme Court of Colorado. Decided January 23, 1967. Action to recover damages for the killing or injuring of plaintiff’s sheep by dogs harbored by defendants. Judgment for plaintiffs. Affirmed. 1. ANIMALS — Findings of Jury — Evidence — […]

(476 P.2d 38) Colorado Polytechnic College v. State Board for Community Colleges, and Occupational Education and State Department of Education. No. 24221.Supreme Court of Colorado. Decided October 26, 1970. Rehearing denied November 16, 1970. Declaratory judgment action by private educational institution seeking to have declared unconstitutional and void certain provisions of degree-regulating statute and proprietary […]

14 P.2d 1098 DRIVERLESS CAR COMPANY ET AL. v. ARMSTRONG, SECRETARY OF STATE. No. 13,078.Supreme Court of Colorado. Decided September 19, 1932. Action to restrain secretary of state from enforcing certain provisions of the motor vehicle act relating to driverless car owners. Judgment of dismissal. Affirmed. 1. CONSTITUTIONAL LAW — Motor Vehicles — Title of […]

In re the Marriage of Diana Jo Larsen, Appellant and Cross-Appellee, and Ray W. Larsen, Appellee and Cross-Appellant. No. 89CA1465Colorado Court of Appeals. Decided January 31, 1991. Appeal from the District Court of Larimer County Honorable William F. Dressel, Judge. Page 1196 Frey, Lach Michaels, P.C., Susan M. Lach, for Appellant and Cross-Appellee. Bullard, Larsen, […]

Mull Drilling Company, Inc., Michael R. Kidwell, Dallas E. Donner, Robert D. Swann, Robert Martin and Ann Amsden Martin, Plaintiffs-Appellees, v. Medallion Petroleum, Inc., Charlotte M. Smyth a/k/a Marie Smyth, Stanley M. Smyth a/k/a Mike Smyth, C.R. Murphy and Beuna Murphy, Defendants-Appellants. No. 90CA0026Colorado Court of Appeals. Decided March 28, 1991. Appeal from the District […]

The People of the State of Colorado, Complainant, v. Gregory G. Vernon, Attorney-Respondent. No. 89SA218Supreme Court of Colorado. Decided October 23, 1989. Original Proceeding in Discipline Linda Donnelly, Disciplinary Counsel, John S. Gleason, Deputy Disciplinary Counsel, for Complainant. Neal K. Dunning, for Respondent. EN BANC JUSTICE ROVIRA delivered the Opinion of the Court. [1] In […]

Warren H. Gibbs, Plaintiff-Appellant, v. Colorado Mined Land Reclamation Board, Division of Minerals and Geology, formerly The Colorado Mined Land Reclamation Division, Michael Long, in his capacity as Director, Division of Minerals and Geology, formerly The Colorado Mined Land Reclamation Division; Colorado Department of Natural Resources; The Division of Central Services, Central Collection Service as […]

The People of the State of Colorado, Plaintiff-Appellee, v. Georgina E. Merrill, Defendant-Appellant. No. 90CA0832Colorado Court of Appeals. Decided July 18, 1991. Appeal from the District Court of Arapahoe County Honorable James F. Macrum, Judge. Page 959 Robert R. Gallagher, Jr., District Attorney, James C. Sell, Chief Deputy District Attorney, Brian K. McHugh, Deputy District […]

The People of the State of Colorado, Plaintiff-Appellee v. Robert A. Lopez, Defendant-Appellant. No. 02CA0444.Colorado Court of Appeals. January 29, 2004. Certiorari Granted September 7, 2004. City and County of Denver District Court No. 00CR3822 Honorable H. Jeffrey Bayless, Judge. Defendant, Robert A. Lopez, appeals from the sentence imposed upon revocation of his deferred judgment […]

Ronald Madrid, Petitioner, v. Mountain States Telephone and Telegraph Company, and The Industrial Commission of the State of Colorado, Respondents. No. 85CA1295Colorado Court of Appeals. Decided October 30, 1986. Review of Order from the Industrial Commission of the State of Colorado Page 1300 Podoll Podoll, P.C., Richard B. Podoll, Rhonda J. Watson, for Petitioner. Eiberger, […]

(509 P.2d 810) Nationwide Mutual Insurance Company v. Elizabeth Blanche Hillyer No. 72-156Colorado Court of Appeals. Decided March 20, 1973. Opinion modified and as modified rehearing denied April 10, 1973. Certiorari denied May 29, 1973. Entire sum awarded insured pursuant to uninsured motorist provisions of insured’s policy was not paid by insurer, and insurer brought […]

(615 P.2d 35) The People of the State of Colorado v. Robert Scott No. 79SA473Supreme Court of Colorado. Decided August 18, 1980. Appeal by defendant contending that his sentence to a term of twenty-five to thirty-five years for attempted murder in the first degree is excessive; he also seeks re-sentencing under the presumptive sentencing provisions […]

The People of the State of Colorado, Complainant, v. Bradley Paul Viar, Attorney-Respondent. No. 93SA43Supreme Court of Colorado. Decided March 22, 1993. Original Proceeding in Discipline Page 935 Linda Donnelly, Disciplinary Counsel, James C. Coyle, Assistant Disciplinary Counsel, for Complainant. Bradley Paul Viar, Pro Se. EN BANC PER CURIAM. [1] This attorney disciplinary case comes […]

The People of the State of Colorado, Plaintiff-Appellee, v. Thomas Rogers, Defendant-Appellant. No. 88CA0920Colorado Court of Appeals. Decided April 5, 1990. Rehearing Denied May 31, 1990. Certiorari Denied December 10, 1990 (90SC399). Appeal from the District Court of the City and County of Denver Honorable Lynne M. Hufnagel, Judge. Page 1328 Duane Woodard, Attorney General, […]

(595 P.2d 225) Dave Pinelli and Phil Pinelli v. The District Court in and for the Eighteenth Judicial District and the Honorable Richard L. Eason No. 79SA5Supreme Court of Colorado. Decided May 21, 1979. Rehearing denied June 4, 1979. Original proceeding. Rule to show cause issued why the criminal action — conspiracy to commit professional […]

175 P.2d 386 SHAPIRO v. SHAPIRO. No. 15,756Supreme Court of Colorado. Decided December 2, 1946. An action for divorce. Judgment was entered in favor of plaintiff wife for defaulted payments due her under an award of alimony. Affirmed. 1. DIVORCE AND ALIMONY — Employment of Wife — Alimony. In divorce proceedings, employment of plaintiff wife […]

(370 P.2d 154) ROY F. HARPER, CHIEF OF POLICE, CITY OF PUEBLO, v. TOM A. MONTEZ. No. 20,115.Supreme Court of Colorado. Decided March 26, 1962. Rehearing denied April 16, 1962. Writ of error to the judgment discharging petitioner on writ of habeas corpus. Affirmed. 1. HABEAS CORPUS — Violation of Ordinance — Appeal — Dismissal […]

(565 P.2d 935) Basil David Glazier v. The People of the State of Colorado No. C-863Supreme Court of Colorado. Decided June 6, 1977. Defendant was convicted under then applicable law for a felony based on possession of over one-half ounce of cannabis and he was sentenced to five to eight years in the penitentiary. The […]

Mary Patricia BRODEUR, survivor of Dennis Brodeur, deceased, Petitioner, v. INDUSTRIAL CLAIM APPEALS OFFICE of the State of Colorado, Interstate Distributor Company, and American Home Assurance, Respondents. No. 05CA2176.Colorado Court of Appeals. March 8, 2007. Rehearing Denied April 26, 2007. Page 811 Irwin Boesen, P.C., Chris L. Ingold, Denver, Colorado, for Petitioner. John W. Suthers, […]

64 P.2d 602 PERDEW v. PERDEW. No. 14,045.Supreme Court of Colorado. Decided December 31, 1936. Rehearing denied January 25, 1937. Suit for divorce. Findings of fact and conclusions of law were for plaintiff. Subsequent petition for entry in her favor of a final decree nunc pro tunc denied. Reversed. On Application for Supersedeas. 1. EVIDENCE […]

78 P.2d 625 McFERSON, BANK COMMISSIONER v. WESTERN COLORADO POWER COMPANY ET AL. No. 14,298.Supreme Court of Colorado. Decided April 18, 1938. Proceeding involving a claim against a defunct state bank. The claim was given preference in payment by the trial court. Reversed. 1. ACTIONS — Banks and Banking — Statutes — Appeal and Error. […]

106 P.2d 352 THE PEOPLE v. WILSON. No. 14,655.Supreme Court of Colorado. Decided October 7, 1940. Defendant in error was found not guilty of selling intoxicating liquor to a minor. Judgment Disapproved. 1. CRIMINAL LAW — Intoxicating Liquor — Sale to Minor. One charged with the sale of intoxicating liquor to a minor may not […]

(269 P.2d 1070) COLORADO FUEL AND IRON CORPORATION v. INDUSTRIAL COMMISSION ET AL. No. 17,354.Supreme Court of Colorado. Decided April 26, 1954. A proceeding under the Workmen’s Compensation Act. Judgment for claimant. Affirmed in Part. Reversed in Part. 1. WORKMEN’S COMPENSATION — Accidents — Physicians. Where an employee, who is subject to the provisions of […]

72 P.2d 693 PEOPLE EX REL. ATTORNEY GENERAL v. LASKA. No. 14,097.Supreme Court of Colorado. Decided September 20, 1937. Original proceeding in disbarment. Demurrer to answer sustained with leave to respondent to file an amended answer. 1. ATTORNEYS AT LAW — Conviction of Felony — Disbarment. When a member of the Colorado bar is convicted […]

The People of the State of Colorado, Plaintiff-Appellant, v. Walter Marston, Defendant-Appellee. No. 88SA19Supreme Court of Colorado. Decided April 24, 1989. Rehearing Denied May 15, 1989. Appeal from District Court, Prowers County Honorable Durant Davidson, Judge. Page 616 Philip Bienvenu, for Plaintiff-Appellant. David F. Vela, Colorado State Public Defender, Tad Overturf, Deputy State Public Defender, […]

557 P.2d 1186 King’s Mill Homeowners Association, Inc., a Colorado nonprofit corporation; Arbor Green Townhomes Association, Inc., a Colorado nonprofit corporation; Lake Arbor Homeowners Association, Inc., a Colorado nonprofit corporation; Pomona Lake Homeowners Association, Inc., a Colorado nonprofit corporation; The City of Arvada, Colorado, a municipal corporation; Joseph E. Casselman; Janice R. Mellberg; Roy Lee […]

Poudre Valley Rural Electric Association, Inc., a Colorado nonprofit corporation, Plaintiff-Appellee, v. City of Loveland, a Colorado municipal corporation, Defendant-Appellant, and United States of America, Department of Agriculture, Rural Electrification Administration; and National Rural Utilities Cooperative Finance Corporation, a District of Columbia corporation, Third-Party Defendants-Appellees. No. 90SA26Supreme Court of Colorado. Decided March 18, 1991. Rehearing […]

(277 P.2d 951) AMERICAN NATIONAL BANK OF DENVER v. FIRST NATIONAL BANK OF DENVER ET AL. No. 17,267.Supreme Court of Colorado. Decided December 20, 1954. An action by one bank against another, involving liability on bank checks. Judgment of dismissal. Affirmed in Part. Reversed in Part. 1. BANKS AND BANKING — Depositors — Relationship. It […]

The People of the State of Colorado, Plaintiff-Appellee, v. Daniel R. Hartkemeyer, Defendant-Appellant. No. 91CA0304Colorado Court of Appeals. Decided July 2, 1992. Rehearing Denied August 20, 1992. Certiorari Denied January 11, 1993 (92SC539). Appeal from the District Court of Grand County Honorable Richard P. Doucette, Judge. Gale A. Norton, Attorney General, Raymond T. Slaughter, Chief […]

492 P.2d 860 Helen B. HURSCH, Plaintiff-Appellant, v. Jack L. HURSCH, Defendant-Appellee. No. 70-593.Colorado Court of Appeals. Division I. December 28, 1971. Not Selected for Official Publication [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Wife brought suit against divorced husband for expenses and attorney’s fees, incurred in returning children from […]