Category: Colorado Court Opinions

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 […]

(321 P.2d 623) MONTIE THOMPSON, ET AL. v. FRANK HILLEWEART, ET AL. No. 18,111.Supreme Court of Colorado. Decided February 10, 1958. Action on promissory notes. From judgment for plaintiffs the defendants bring error. Affirmed 1. BILLS AND NOTES — Due Date — Temporary Loan — Demand. In an action on promissory notes the words “temporary […]

(393 P.2d 735) HARRY HARRIS v. EMANUEL G. PAVLAKIS, ET AL. No. 20,374.Supreme Court of Colorado. Decided May 4, 1964. July 27, 1964, on petition for rehearing, opinion modified and as modified adhered to and rehearing denied. From the granting of defendants’ motion to dismiss, the plaintiff brings error. Affirmed. 1. PRACTICE AND PROCEDURE — […]

National Casualty Company, Plaintiff-Appellant, v. Great Southwest Fire Insurance Company and Hartford Accident and Indemnity Company, Defendants-Appellees. No. 90CA1017Colorado Court of Appeals. Decided July 18, 1991. Rehearing Denied August 29, 1991. Certiorari Granted January 13, 1992 (91SC562). Certiorari Granted on the following issues: Did the court of appeals err when it held that an employee’s […]

(519 P.2d 1216) Marie Rodrigue, by Dorothy Rodrigue and E. A. Rodrigue v. Thomas Hausman No. 73-186Colorado Court of Appeals. Decided February 5, 1974. In personal injury negligence action, trial court restricted plaintiff’s closing argument. From judgment for plaintiff for $2,200, plaintiff appealed. Reversed 1. TRIAL — Closing Statement — Counsel May Suggest — Per […]

In the Matter of the Trust under the last Will and Testament of: J. Louis Killin, Deceased. Esther M. Higby and Ladis John Higby, Petitioners-Appellants, v. The First National Bank of Colorado Springs, Trustee; William Frank Higby; Michael Higby; Heather Higby; and Sarah Ann Higby Beck, Respondents-Appellees. No. 84CA0195Colorado Court of Appeals. Decided June 6, […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Jimmy J. VASQUEZ, Defendant-Appellant. No. 04CA0729.Colorado Court of Appeals. November 30, 2006. Appeal from the County, No. 03CR190, Harlan R. Bockman and John J. John W. Suthers, Attorney General, Laurie A. Booras, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee. Page 566 Douglas K. Wilson, Colorado State […]

BOARD OF EDUCATION OF WEST YUMA SCHOOL DISTRICT RJ-1, Petitioner, v. CAROL L. FLAMING, Respondent. No. 95SC524Supreme Court of Colorado. May 19, 1997 Certiorari to the Colorado Court of Appeals JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Page 152 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

12 P.2d 351 COLORADO INVESTMENT AND REALTY COMPANY v. STUBBS. No. 12,422.Supreme Court of Colorado. Decided May 23, 1932. Rehearing denied June 20, 1932. Action against investment company for damages for negligent failure to notify customer of default under mortgage by reason of which he lost the amount of his investment. Judgment for plaintiff. Affirmed. […]

207 P.2d 816 CHANEY v. INDUSTRIAL COMMISSION ET AL. No. 16,218.Supreme Court of Colorado. Decided May 23, 1949. Rehearing denied June 13, 1949. A proceeding under the Workmen’s Compensation Act. Judgment for claimant. Reversed. 1. WORKMEN’S COMPENSATION — Commission Findings — Appeal and Error. Fact findings of the Industrial Commission which are supported by sufficient […]

(259 P.2d 861) SCHELL v. KULLHEM. No. 16,949.Supreme Court of Colorado. Decided June 15, 1953. Rehearing denied July 13, 1953. An action for damages for personal injuries resulting from an auto-pedestrian accident. Judgment for defendant. Affirmed. 1. DAMAGES — Inadequacy. “The question of inadequacy of damages can become an issue only in event that the […]

9 P.2d 1118 DEBRAS v. VOSMERA. No. 12,973.Supreme Court of Colorado. Decided March 28, 1932. Judgment affirmed en banc on application for supersedeas without written opinion. MR. JUSTICE MOORE not participating. Error to the District Court of Weld County, Hon. Claude C. Coffin, Judge. Mr. W. E. CLARK, for plaintiff in error. Mr. G. H. […]

(524 P.2d 1387) James Robert Sauer v. John C. Heckers, Executive Director of Revenue, and The Department of Revenue, Hearing Section, State of Colorado No. 73-308Colorado Court of Appeals. Decided July 16, 1974. In action for review of department of revenue’s decision revoking plaintiff’s driver’s license pursuant to the implied consent law, district court affirmed […]

Hawkeye Security Insurance Co., Plaintiff-Appellee, v. Walter K. Woodward and Eva Jo Woodward, both individually and d/b/a Double Diamond Partnership, Defendants-Appellees, and Ricky Dean Kerber and Linda Kerber, Defendants-Appellants. No. 87CA0980Colorado Court of Appeals. Decided October 27, 1988. Rehearing Denied November 25, 1988. Certiorari Denied February 13, 1989 (88SC610). Appeal from the District Court of […]

(424 P.2d 387) Johnny Joe Gomez v. The People of the State of Colorado No. 22395.Supreme Court of Colorado. Decided March 6, 1967. Defendant was convicted of feloniously, wilfully and maliciously breaking and entering a particular building with intent then and there to commit a crime, and brought error. Reversed. 1. INDICTMENT AND INFORMATION — […]

Thomas Williamson, Jr., by his mother and next friend, Irma Williamson, and Irma Williamson, Plaintiffs-Appellants, v. School District No. 2, in the County of El Paso, and State of Colorado; and Alfredo Duran, a minor, Defendants-Appellees. No. 83CA0838Colorado Court of Appeals. Decided June 28, 1984. Rehearing Denied August 2, 1984. Certiorari Denied February 4, 1985. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Philip Bustamante, Defendant-Appellant. No. 84CA0044Colorado Court of Appeals. Decided December 13, 1984. Appeal from the District Court of Pueblo County Honorable Richard D. Robb, Judge Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, Solicitor General, Maureen Phelan, Assistant Attorney General, […]

Defendant-Appellant: Michael VAUGHN, v. Plaintiffs-Appellees: The PEOPLE of the State of Colorado, ex rel. Harold D. SIMPSON, State Engineer for the State of Colorado, and James R. Hall, Division Engineer for Water Division 1. No. 04SA381.Supreme Court of Colorado. May 15, 2006. Appeal from the District Court, Water Division 1, No. 03CW431, Roger A. Klein, […]

(515 P.2d 1121) The People of the State of Colorado, ex rel. Duke W. Dunbar, Attorney General of the State of Colorado, and The State Board of Land Commissioners of the State of Colorado v. City of Littleton, Colorado No. 24921Supreme Court of Colorado. Decided November 12, 1973. Appeal from judgment entered in favor of […]

Hyland Hills Park and Recreation District, Adams County, Colorado, Petitioner, v. The Denver and Rio Grande Western Railroad Company, a Delaware corporation, Respondent. No. 92SC843Supreme Court of Colorado. Decided December 13, 1993 Page 570 Certiorari to the Colorado Court of Appeals JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Richard L. […]

Mead Associates, Inc., a Colorado corporation, Plaintiff-Appellant, v. Clarence Antonsen, d/b/a Antonsen Excavating, Defendant-Appellee. No. 82CA1297Colorado Court of Appeals. Decided January 5, 1984. Page 435 Appeal from the District Court of Arapahoe County Honorable George B. Lee Jr., Judge Doyle Biesterfeld, P.C., M. Dee Biesterfeld, for plaintiff-appellant. Michael V. Makaroff, for defendant-appellee. Division II. Opinion […]

Larry M. Forness, Plaintiff-Appellant, v. Bruce Blum, an individual, and Doral Hotel Resort Management Company, Defendants-Appellees, and Concerning Ted J. Gengler, Gengler Gengler, P.C., Appellants. No. 89CA0850Colorado Court of Appeals. Decided July 26, 1990. Appeal from the District Court of the City and County of Denver Honorable Clifton A. Flowers, Judge Page 497 Gengler Gengler, […]

State Farm Mutual Automobile Insurance Company, Plaintiff-Appellant, v. Edward Sanditen, Defendant-Appellee. No. 84CA0066Colorado Court of Appeals. Decided April 4, 1985. Appeal from the District Court of Pitkin County Honorable J. E. DeVilbiss, Judge Robert A. Francis, P.C., Robert A. Francis, for Plaintiff-Appellant. Anstine and Hill, Ronald C. Hill, Ty L. Foster, for Defendant-Appellee. Division III. […]

(599 P.2d 970) The People of the State of Colorado v. Barry James Wilson No. 78-399Colorado Court of Appeals. Decided July 26, 1979. Defendant pled guilty to two counts of second degree sexual assault and received a sentence of two concurrent terms of thirty-five to thirty-nine years. He appealed arguing the sentence was too severe. […]

St. Mark Coptic Orthodox Church of Colorado, Petitioner-Appellant, v. The Colorado State Board of Assessment Appeals, Mary Anne Maurer, State of Colorado Property Tax Administrator, Respondents-Appellees. No. 87CA1183Colorado Court of Appeals. Decided September 15, 1988. Appeal from the District Court of Arapahoe County Honorable George B. Lee, Jr., Judge Page 776 Henry and Henry, P. […]

Tivoli Ventures, Inc., Plaintiff-Appellee, v. Douglas Tallman, Defendant-Appellant. No. 91CA1904Colorado Court of Appeals. Decided October 22, 1992. Opinion Modified, and as Modified Rehearing Denied November 27, 1992. Certiorari Granted June 7, 1993 (92SC838). Certiorari Granted on the following issue: Whether the statute of limitations set forth in 28 U.S.C. § 2415(a) (1988) extends to a […]

The People of the State of Colorado, Plaintiff-Appellee, v. Andrew T. McCoy, Defendant-Appellant. No. 94CA1941Colorado Court of Appeals. December 27, 1996 Rehearing Denied January 30, 1997 Certiorari Denied October 20, 1997 Appeal from the District Court of Adams County, Honorable Thomas R. Ensor, Judge, No. 93CR1674. JUDGMENTS AFFIRMED. Page 585 [EDITORS’ NOTE: THIS PAGE CONTAINS […]

Richard PALMER, Plaintiff-Appellant, v. Chuck DIAZ, Diane Herwitz, and Sandra Burrill, Defendants-Appellees. No. 08CA0198.Colorado Court of Appeals. May 14, 2009. Appeal from the District Court, City and County of Denver, Herbert L. Stern, III, J. Page 547 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

207 P.2d 1185 DAVIS ET AL., DOING BUSINESS AS LEONARD-DAVIS COAL COMPANY v. CITY AND COUNTY OF DENVER. No. 16,122.Supreme Court of Colorado. Decided June 13, 1949. An action by a coal company to recover an amount of money paid to a municipal corporation by it for a license to engage in business. Judgment for […]

(606 P.2d 455) Platte Valley Bank of Brighton, a Colorado Banking Corporation v. B J Construction, Inc., a Colorado corporation; Ft. Lupton Modular Builders, Inc., a Colorado Corporation; Ft. Lupton State Bank, a Colorado Banking Corporation; Robert E. Knight; and Terry L. Eisenman No. 79CA0465Colorado Court of Appeals. Decided January 17, 1980. From trial court […]

(412 P.2d 895) John Lorenz v. The People of the State of Colorado. No. 21169Supreme Court of Colorado. Decided April 4, 1966. Defendant was convicted of the felony of non-support of two minor children and brings error. Reversed. 1. CRIMINAL LAW. — Indigent Defendant — Appointment of Counsel — Duty of Court. If a defendant […]

(451 P.2d 756) Paul Gilliland v. Hugh J. McClearn, Manager of Safety and Ex-Officio Sheriff of the City and County of Denver, and The People of the State of Colorado. No. 22906.Supreme Court of Colorado. Decided March 10, 1969. Rehearing denied April 1, 1969. From a judgment dismissing his petition for a writ of habeas […]

Circle K Corporation and Home Insurance Company, Petitioners, v. The Industrial Claim Appeals Office of the State of Colorado, and G. Thomas White, Respondents. No. 90CA0900Colorado Court of Appeals. Decided March 14, 1991. Review of Order from the Industrial Claim Appeals Office of the State of Colorado. Page 1117 Halaby McCrea, Thomas L. Kanan, for […]

In Re the Marriage of Deborah Marie Lucas and Michael John Lucas No. 80CA0919Colorado Court of Appeals. Decided June 4, 1981. Appeal from the District Court of El Paso County, Honorable William Calvert, Judge. Page 1176 Tegtmeier, Bennett Sears, P.C., Lance M. Sears, for appellee. Rebecca Snyder Bromley, P.C., Rebecca S. Bromley, for appellant. Division […]

(615 P.2d 726) The People of the State of Colorado v. Bobbie G. Moore No. 28404Supreme Court of Colorado. Decided September 2, 1980. Defendant appeals from orders denying certain motions for post-conviction relief directed to his conviction for driving after judgment prohibited. Reversed 1. INDICTMENT AND INFORMATION — Advise of Charge — Sufficient — Defend. […]

(412 P.2d 232) Joseph Lewis, v. The People of the State of Colorado, No. 21489Supreme Court of Colorado. Decided March 21, 1966. Defendant was convicted of the crime of felonious escape and brings error. Reversed. 1. ESCAPE. — Definition — Instruction — Meaning — Propriety. Where, in prosecution for felonious escape, and that escape means […]

CAMP BIRD COLORADO, INC., a Colorado corporation, Plaintiff-Appellant, v. BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF OURAY, Colorado, Defendant-Appellee. No. 08CA0852.Colorado Court of Appeals. July 23, 2009. Appeal from the District Court, Ouray County, John J. Mitchel, J. Page 1278 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

Diane Gay Abouzari, Plaintiff-Appellee, v. Robert Foster, Defendant-Appellant. No. 88CA1336Colorado Court of Appeals. Decided July 19, 1990. Appeal from the District Court of the City and County of Denver Honorable John W. Coughlin, Judge Page 1387 Gary M. Jackson, Lucy Hojo, for Plaintiff-Appellee. Hall Evans, William F. Eggert, for Defendant-Appellant. Division IV. Opinion by JUDGE […]

Petitioner: The People of the State of Colorado, v. Respondent: Eric Lanzieri. No. 99SC596Supreme Court of Colorado. June 11, 2001 Certiorari to the Colorado Court of Appeals Court of Appeals No. 98CA480. JUDGMENT REVERSED No. 99SC596 — People v. Lanzieri — Criminal Law — Escape —Custody — Community Corrections Eric Lanzieri, an offender who was […]

(363 P.2d 700) SCHOOL DISTRICT 38, EL PASO COUNTY v. HORACE G. THOMAS. No. 19,709.Supreme Court of Colorado. Decided July 24, 1961. Action by school teacher to recover salary under contract of employment. Judgment for plaintiff. Affirmed. 1. SCHOOLS AND SCHOOL DISTRICTS — Teacher — Contract — Termination — Good Cause. Where no specific charges […]

75 P.2d 780 HANAGAN ET AL. v. ROCKY FORD KNIGHTS OF PYTHIAS BUILDING ASSOCIATION. No. 14,102.Supreme Court of Colorado. Decided January 10, 1938. Action to have certain property, alleged to be used for charitable purposes, declared to be exempt from taxation. Judgment for plaintiff. Reversed. 1. APPEAL AND ERROR — Findings. Where it cannot be […]

125 P.2d 633 McLAUGHLIN ET AL. v. COLLINS, EXECUTOR, ET AL. No. 14,973.Supreme Court of Colorado. Decided April 27, 1942. A proceeding involving the construction of a will. Judgment for defendants. Affirmed. 1. WILLS — Construction. The first rule in the interpretation of wills is that the intention of the testator governs. That intent must, […]

(400 P.2d 433) JOE T. RICHARDSON, ET AL., v. APPLEWOOD VILLAGE. No. 21549.Supreme Court of Colorado. Decided March 22, 1965. Action by plaintiffs in error seeking to assert an interest in a parcel of land. From an adverse judgment, the plaintiffs in error brought error. Affirmed. 1. MORTGAGES — Deed of Trust — Foreclosure — […]

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Petitioner, v. Gloria J. BREKKE, Respondent. State Farm Mutual Automobile Insurance Company, Petitioner, v. Clinton Shaffer and Laura Shaffer, Respondents. No. 03SC585, 03SC719.Supreme Court of Colorado. En Banc. December 6, 2004. As Modified on Denial of Rehearing January 31, 2005. Appeal from the District Court, Pueblo County, Victor I. […]

Anacleto Gonzales and Donna Gonzales, Plaintiffs-Appellants, v. Allstate Insurance Company, Defendant-Appellee. No. 01CA1507Colorado Court of Appeals. June 20, 2002 Page 1104 Boulder County District Court No. 00CV9156; Honorable Morris B. Hoffman, Judge. JUDGMENT AFFIRMED. Jeffrey S. Auxier, AAL, PC, Jeffrey S. Auxier, Salida, Colorado, for Plaintiffs-Appellants. Zupkus Angell, P.C., Robert A. Zupkus, Laura W. Trask, […]

Mitchell Hergenreter, by and through his mother and next friend, Diana Hergenreter, Plaintiff-Appellant, v. Morgan County School District R-3, Defendant-Appellee. No. 93CA2185.Colorado Court of Appeals. Decided December 1, 1994. Appeal from the District Court of Morgan County Honorable Douglas R. Vannoy, Judge No. 93CV70. Page 347 JUDGMENT AFFIRMED. Turner and Meiklejohn, P.C., Scott A. Meiklejohn, […]

Denver Association of Educational Office Personnel, Plaintiff-Appellant and Cross-Appellee, v. School District No. 1 in the City and County of Denver, State of Colorado; and The Board of Education of School District No. 1, Defendant-Appellee and Cross-Appellant. No. 96CA1491Colorado Court of Appeals. May 14, 1998 Petition for Rehearing DENIED June 11, 1998. Petiton for Writ […]

(595 P.2d 272) Kenneth L. Varady, and Wanda Y. Varady v. Robert J. White, and Marilyn I. White v. James L. Marr, Public Trustee of Douglas County, Colorado No. 78-278 No. 78-533Colorado Court of Appeals. Decided April 26, 1979. In action alleging fraud in the sale of a house, purchasers appealed trial court finding that […]

The People of the State of Colorado, Plaintiff-Appellee, v. Christopher Lashawn Jones, Defendant-Appellant. No. 94CA0291Colorado Court of Appeals. Decided March 23, 1995. Petitions for Rehearing DENIED May 25, 1995. Certiorari denied December 11, 1995. Petition and Cross-Petition for Writ of Certiorari DENIED December 11, 1995. Appeal from the District Court of the City and County […]

(616 P.2d 185) The People of the State of Colorado v. Larry Lee Shaw, a/k/a Larry Singleton, a/k/a Larry Westwood No. 79CA0398Colorado Court of Appeals. Decided July 31, 1980. Defendant challenged his conviction of second degree burglary, conspiracy to commit second degree burglary, and criminal impersonation. Affirmed in Part Reversed in Part 1. CRIMINAL LAW […]

(585 P.2d 593) The People of the State of Colorado ex rel. Nolan L. Brown, District Attorney for the First Judicial District, State of Colorado v. The District Court in and for the First Judicial District and the Honorable Joseph P. Lewis, one of the Judges thereof No. 28247Supreme Court of Colorado. Decided October 10, […]

Gennaro DeSANTIS, individually and as representative of the Estate of Virginia DeSantis; Pamela Buckner; Terry Elliott; and Cynthia Naeb, Plaintiffs v. John S. SIMON, M.D. and Michael Fenoglio, M.D., Defendants. No. 08SA321.Supreme Court of Colorado. June 1, 2009. As Modified on Denial of Rehearing June 22, 2009. Appeal from the District Court, Adams County, John […]

C.J. Berardini, Plaintiff-Appellant, v. G. Phillip Hart, Defendant-Appellee. No. 83CA0597Colorado Court of Appeals. Decided May 17, 1984. Appeal from the District Court of the City and County of Denver Honorable Robert P. Fullerton, Judge Page 520 Brian J. Berardini, for plaintiff-appellant. No appearance for defendant-appellee. Division II. Opinion by JUDGE KELLY. [1] Plaintiff appeals from […]

200 P.2d 931 JOHNSON ET AL. v. GEORGE. No. 16,108.Supreme Court of Colorado. Decided December 13, 1948. An action to compel specific performance of a contract for the sale and purchase of certain real property. On motion to dismiss writ of error. Motion Denied. 1. APPEAL AND ERROR — Practice and Procedure — Motions to […]

(574 P.2d 79) The People of the State of Colorado v. Wright J. Morgan, Jr. No. 27352Supreme Court of Colorado. Decided November 15, 1977. Original proceedings in discipline. Indefinite Suspension 1. ATTORNEYS AT LAW — Personal Problems — Excuse — Negligence — Negative. An attorney’s personal problems cannot excuse his negligence or professional misconduct, for […]

212 P.2d 848 PERRY ET AL. v. O’FARRELL. No. 16,063.Supreme Court of Colorado. Decided October 31, 1949. Rehearing denied December 12, 1949. A proceeding involving an amendment to section 14, article XII, of the state Constitution, concerning a five-point addition to the grades of veterans in civil service examinations. The trial court held that defendant […]

In re the Marriage of Christine Joy Zisch, Appellant, and Robert Bradley Zisch, Appellee. No. 97CA1138Colorado Court of Appeals. September 17, 1998 Appeal from the District Court of Jefferson County, Honorable Leland P. Anderson, Judge, No. 95DR0621 Page 200 ORDER AFFIRMED IN PART, REVERSED IN PART, AND CAUSE REMANDED WITH DIRECTIONS Page 201 Inman, Flynn […]

Golden Animal Hospital and Colorado Compensation Insurance Authority, Petitioners, v. Lawrence D. Horton and The Industrial Claim Appeals Office of the State of Colorado, Respondents. No. 94SC323Supreme Court of Colorado. Decided June 26, 1995 Certiorari to the Colorado Court of Appeals. JUDGMENT REVERSED AND CASE REMANDED. Page 834 Colorado Compensation Insurance Authority, Paul Tochtrop, Michael […]

The People of the State of Colorado, Complainant, v. Lawrence A. Wright, Attorney-Respondent. No. 97SA76Supreme Court of Colorado. November 10, 1997. Original Proceeding in Discipline ATTORNEY SUSPENDED Linda Donnelly, Disciplinary Counsel, James S. Sudler, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. Lawrence A. Wright, Pro Se, Kiowa, Colorado. Page 942 PER CURIAM [1] The […]

Oscar HINOJOS-MENDOZA, Petitioner v. The PEOPLE of the State of Colorado, Respondent. No. 05SC881.Supreme Court of Colorado. September 10, 2007. Rehearing Denied November 5, 2007.[*] [*] Justice Martinez and Justice Bender would grant; Justice Eid does not participate. Appeal from the District Court, Adams County, Donald W. Marshall and Thomas R. Ensor, JJ. Page 663 […]

(571 P.2d 1110) Arthur Keegan v. State of Colorado, Department of Revenue No. 27573Supreme Court of Colorado. Decided December 5, 1977. Driver of motor vehicle appeals decision of district court affirming the suspension of his driver’s license, after he had accumulated twenty points on his license within twenty-four months. Driver challenges the constitutionality of section […]

Janice Marie Bondi, Plaintiff-Appellant, v. Liberty Mutual Insurance Company, Defendant-Appellee. No. 86CA0738Colorado Court of Appeals. Decided March 31, 1988. Rehearing Denied April 14, 1988. Certiorari Denied July 18, 1988 (88SC177). Appeal from the District Court of City and County of Denver Honorable Edward E. Carelli, Judge Green Josefiak, P. C., Mary M. Josefiak, for Plaintiff-Appellant. […]

The People of the State of Colorado, Complainant, v. Richard W. Johnston, Jr., Attorney-Respondent. No. 89SA154Supreme Court of Colorado. Decided November 13, 1989. Original Proceeding in Discipline Linda Donnelly, Disciplinary Counsel, John S. Gleason, Deputy Disciplinary Counsel, for Complainant. Respondent not appearing. EN BANC JUSTICE KIRSHBAUM delivered the Opinion of the Court. [1] The respondent, […]

(599 P.2d 257) People of the State of Colorado v. Dwight A. Young No. 79SA131Supreme Court of Colorado. Decided June 11, 1979. Original proceedings in discipline. Public Censure 1. ATTORNEYS AT LAW — Order of Master — Failure to Comply — Court Enforcement Order — Disregard — Censure. Attorney-respondent publicly censured for his unjustified failure […]

79 P.2d 270 CITY AND COUNTY OF DENVER v. PILO. No. 14,204.Supreme Court of Colorado. Decided May 9, 1938. Action for damages. Judgment for plaintiff. Reversed. 1. APPEAL AND ERROR — Verdict — Facts. Facts having a basis in the evidence and necessary to support the jury’s verdict will be assumed on review to have […]

195 P.2d 932 AUTO SALES COMPANY v. GENERAL CREDIT CORPORATION. No. 16,060.Supreme Court of Colorado. Decided June 14, 1948. An action in replevin by a mortgagee to obtain possession of an automobile, or for judgment for its value. The trial court ruled in favor of plaintiff. PER CURIAM. Judgment affirmed en banc without written opinion, […]

(355 P.2d 1076) ROBERT W. STAUSS v. INDUSTRIAL COMMISSION OF COLORADO, ET AL. No. 19,387.Supreme Court of Colorado. Decided October 17, 1960. From a judgment affirming an order of the Industrial Commission denying compensation, the claimant brings error. Affirmed. 1. WORKMEN’S COMPENSATION — Claim — Filing — Payment of Wages — Limitations. To establish payment […]

The Dow Chemical Company, Rockwell International Corporation, and The Travelers Insurance Company, Petitioners, v. The Industrial Claim Appeals Office of the State of Colorado, The Subsequent Injury Fund, James R. Downing (deceased), Carol Downing, Michael Downing, and Mary Kathleen Downing, Respondents. No. 91CA1248Colorado Court of Appeals. Decided August 27, 1992. Rehearing Denied August 27, 1992. […]

Farmers Insurance Exchange, Plaintiff-Appellee, v. Ardella Walther, Defendant-Appellant. No. 93CA1123Colorado Court of Appeals. Decided May 18, 1995 Petition for Rehearing DENIED June 8, 1995. Petition for Writ of Certiorari DENIED September 25, 1995. Page 931 Appeal from the District Court of El Paso County Honorable Jane Looney, Judge No. 92CV2146. JUDGMENT AFFIRMED. Page 932 Retherford, […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Donald L. GARCIA, Defendant-Appellant. No. 05CA0016.Colorado Court of Appeals. October 4, 2007. As Modified on Denial of Rehearing November 21, 2007. Certiorari Dismissed January 29, 2008. Appeal from the District Court, City and County of Denver, Larry J. Naves, J. Page 251 [EDITORS’ NOTE: THIS PAGE […]

Alma E. Card, Plaintiff-Appellant, v. Linda Blakeslee, Defendant-Appellee. No. 95CA1536Colorado Court of Appeals. August 22, 1996 Petition for Rehearing DENIED October 10, 1996. Petition for Writ of Certiorari DENIED June 12, 1997. Appeal from the District Court of Jefferson County, Honorable Gaspar F. Perricone, Judge, No. 94CV1353. JUDGMENT AFFIRMED Page 847 Themia E. Sandven, P.C., […]

(540 P.2d 1076) In Re the Marriage of Lewis A. Icke and Genevieve Icke No. C-628Supreme Court of Colorado. Decided September 15, 1975. Divorce case in which trial court ordered, inter alia, that life insurance be maintained by a parent obligated to pay child support. The Court of Appeals, 35 Colo. App. 60, 530 P.2d […]

Board of County Commissioners of Pitkin County, Colorado, Petitioner, v. Pennobscot, Inc., a Colorado Corporation and Fred Ramsey, Respondents. No. 81SC343Supreme Court of Colorado. Decided May 2, 1983. Certiorari to the Colorado Court of Appeals Page 1092 Sandra M. Stuller, Wesley A. Light, for petitioner. Erin Fernandez Hazen, for respondents. En Banc. JUSTICE ROVIRA delivered […]

Jill Hilton Fieger, Plaintiff-Appellant, v. East National Bank and Dan Rosendale, Defendants-Appellees. No. 83CA0086Colorado Court of Appeals. Decided June 6, 1985. Rehearing Denied July 3, 1985. Appeal from the District Court of the City and County of Denver Honorable Roger Cisneros, Judge Page 1135 G. E. Shields, P.C., G. E. Shields, for Plaintiff-Appellant. Rothgerber, Appel […]

(570 P.2d 542) The People of the State of Colorado v. Gerald O. Donelson No. 27595Supreme Court of Colorado. Decided October 24, 1977. Defendant was convicted of felony theft of rental property and appealed. Reversed and Remanded 1. THEFT — Refrigerated Semi-Trailer — Evidence — Suspicion — Conjecture — Insufficient — Acquittal. In prosecution for […]

Ronald G. Sanders, Plaintiff-Appellant, v. Robert Knapp and Barbara Knapp, Jointly and Severally, Defendants-Appellees. No. 81CA0919Colorado Court of Appeals. Decided July 14, 1983. Rehearing Denied August 18, 1983. Certiorari Denied November 15, 1983. Appeal from the District Court of Summit County, Honorable Richard H. Hart, Judge. Page 386 Patrick D. Williams, for appellant. Guy M. […]

(349 P.2d 370) THE TOWN OF GENOA v. GILBERT O. WESTFALL. No. 18,557.Supreme Court of Colorado. Decided February 8, 1960. Rehearing denied February 29, 1960. Action to enjoin wrongful diversion of water. Judgment for plaintiff. Affirmed. 1. WATER RIGHTS — Disputes — Courts — Jurisdiction. In an action to enjoin unlawful diversion of water, the […]

The People of the State of Colorado, Plaintiff-Appellee, v. Larry W. White, Defendant-Appellant. No. 80SA348Supreme Court of Colorado. Decided January 10, 1983. Rehearing denied January 24, 1983. Appeal from the District Court of the City and County of Denver, Honorable Harold D. Reed, Judge. Page 691 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]

(386 P.2d 52) JAMES VANDE LINE v. THE PEOPLE OF THE STATE OF COLORADO. No. 20,138.Supreme Court of Colorado. Decided October 28, 1963. Defendant was convicted of aggravated robbery and brings error. Affirmed. 1. CRIMINAL LAW — Witness — Voluntary Statement — Objection — Waiver. In criminal prosecution where witness for People volunteered statement relating […]

The People of the State of Colorado, Plaintiff-Appellee, v. Nelson Hernandez, Defendant, and Concerning Douglas Britten, Surety, Appellant. No. 93CA2169Colorado Court of Appeals. Decided February 9, 1995. Petition for Rehearing DENIED March 9, 1995. Petition for Writ of Certiorari DENIED August 28, 1995. Appeal from the District Court of Pitkin County Honorable Judson E. DeVilbiss, […]

(554 P.2d 317) Gold Run, Ltd., a Colorado Limited Partnership v. The Board of County Commissioners and the Regional Planning Commission of Summit County, Colorado, Carl Enyeart, Jr., Norman Evanger, Helen Collard, Lee Woosley, Charles Foster, James Blakenship, Scott Gould, Edie Cary, Paul Kuske, Jim Mahan, Jerry Young, Clay Simon, George Culbreath, Walter Taylor, Elizabeth […]

211 P.2d 827 MAHANEY ET AL. v. FIELD ET AL. No. 16,269.Supreme Court of Colorado. Decided October 24, 1949. An action in forcible entry and detainer. Judgment for plaintiffs. Affirmed. 1. FORCIBLE ENTRY AND DETAINER — Practice and Procedure — Judgment. In an action in forcible entry and detainer in which no answer is filed […]

(559 P.2d 249) The People of the State of Colorado v. Ralph Harold Wright No. 75-647Colorado Court of Appeals. Decided September 23, 1976. Rehearing denied October 14, 1976. Certiorari granted January 31, 1977. In second degree assault case, although trial court rejected sentence recommendation of the prosecutor made pursuant to plea bargain agreement, it refused […]

Leisure, Inc., a Colorado corporation, Plaintiff-Appellant, v. Burt Development Company, a joint venture comprised of Burt Chevrolet, Inc., a Colorado corporation, and Burt Toyota, Inc., a Colorado corporation, Defendant-Appellee. No. 84CA0999Colorado Court of Appeals. Decided October 24, 1985. Rehearing Denied November 21, 1985. Certiorari Denied January 13, 1986 (85SC470). Appeal from the District Court of […]

(344 P.2d 694) VELMAN SEAL v. FREDERICK E. LEMMEL. No. 18,363.Supreme Court of Colorado. Decided October 5, 1959. Action for damages for personal injuries arising out of automobile collision. Judgment for defendant. Reversed and Remanded With Directions. 1. NEGLIGENCE — Guest — Third Party — Instructions. In an action for damages for personal injuries by […]

(532 P.2d 944) The People of the State of Colorado v. John Vincent Connor No. 26640Supreme Court of Colorado. Decided March 3, 1975 Original proceeding in discipline. Public Censure 1. ATTORNEYS AT LAW — Failure to File — Income Tax Returns — State and Federal — Public Censure. Attorney — who failed to file state […]

(367 P.2d 352) JAMES GILBERT HARVEY, ET AL. v. JOSEPH H. MORRIS, ET AL. No. 19,420.Supreme Court of Colorado. Decided November 27, 1961. January 8, 1962, opinion modified and rehearing denied. Action for damages arising out of conveyance and other transactions relating to mining property. From the granting of a summary judgment in favor of […]

The PEOPLE of the State of Colorado, Petitioner-Appellee, In the Interest of D.Y., a Child, and Concerning T.Y., Respondent-Appellant. No. 07CA1434.Colorado Court of Appeals. December 27, 2007. Appeal from the District Court, Alamosa County, Pattie P. Swift and Joseph J. Weatherby, JJ. Page 875 No Appearance for Petitioner-Appellee. Margaret J. Russell, Guardian Ad Litem. Gretchen […]

Richard J. Goff, Petitioner, v. The People of the State of Colorado, Respondent. No. 00PDJ023.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. August 4, 2000. Page 488 [1] [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 489 OPINION […]

The People of the State of Colorado, Plaintiff-Appellee, v. Julio Cesar Gutierrez, Defendant-Appellant. No. 98CA0331Colorado Court of Appeals. September 16, 1999 Rehearing Denied November 12, 1999 Certiorari Denied May 22, 2000 Appeal from the District Court of Pueblo County, Honorable Dennis Maes, Judge, No. 96CR1430 JUDGMENT AFFIRMED Page 242 Ken Salazar, Attorney General, Barbara McDonnell, […]