Category: Colorado Court Opinions

(472 P.2d 183) Delbert F. Cramblit, d/b/a Hoyle’s Market v. Chateau Motel, Inc. No. 70-203 (Supreme Court No. 23295)Colorado Court of Appeals. Decided May 5, 1970. Action against lessor-corporation for goods sold and delivered to lessee-operator of coffee shop located in corporation’s motel. From a finding that if alleged oral guaranty were made by corporate […]

(381 P.2d 272) ARTHUR B. HAYUTIN v. ELAINE R. HAYUTIN. No. 20,341.Supreme Court of Colorado. Decided May 6, 1963. From an order for temporary alimony and attorney fees in a separate maintenance action, the defendant brings error. Affirmed. 1. CONFLICT OF LAWS — Divorce or Separate Maintenance — Action in Foreign Jurisdiction — Equity — […]

(368 P.2d 204) HARRY I. GARDNER, ET AL., D/B/A GARDNER CONSTRUCTION COMPANY, v. MID-CONTINENT COAL AND COKE COMPANY. No. 19,459.Supreme Court of Colorado. Decided January 22, 1962. Action to recover on contract for the hauling of coal. From a judgment for less than amount claimed the plaintiffs bring error. Affirmed. 1. CONTRACTS — Evidence — […]

Celebrity Custom Builders and CNA Insurance Company, Petitioners, v. The Industrial Claim Appeals Office of the State of Colorado and Richard J. Rapp, Jr., Respondents. No. 94CA1937Colorado Court of Appeals. June 15, 1995. Opinion Modified, and As Modified Petition for Rehearing DENIED October 12, 1995. Petition for Writ of Certiorari DENIED April 22, 1996 Review […]

James Rudd Pyles-Knutzen and Wendy C. Kidder, Plaintiffs-Appellees, v. The Board of County Commissioners of the County of Pitkin, Defendant-Appellant. No. 88CA0218Colorado Court of Appeals. Decided August 31, 1989. Rehearing Denied September 28, 1989. Appeal from the District Court of Pitkin County Honorable Gavin D. Litwiller, Judge Page 165 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

(365 P.2d 228) WILLIAM POSPICIL, ET AL. v. V. W. HAMMERS. No. 19,537.Supreme Court of Colorado. Decided October 9, 1961. Action for compensation claimed under contract of employment. Judgment for plaintiff. Affirmed in Part, Reversed in Part. 1. ACCORD AND SATISFACTION — Master and Servant — Employment Contract — General Rule. In order to constitute […]

17 P.2d 308 THOMPSON ET AL. v. SWEET. No. 12,717.Supreme Court of Colorado. Decided November 28, 1932. Rehearing denied December 29, 1932. Action for damages for breach of contract. Judgment for plaintiff. Affirmed. 1. CONTRACTS — Sale — Option. The character of a contract concerning a cattle deal, as to whether it is a sale […]

THE UNIVERSITY OF COLORADO, an institution of the State of Colorado, Petitioner v. DEBORAH EILEEN BOOTH, Respondent. No. 02SC738.Supreme Court of Colorado. En Banc. November 3, 2003. Certiorari to the Colorado Court of Appeals, Court of Appeals Case No. 01CA1577. JUDGMENT AFFIRMED No. 02SC738, University of Colorado v. Booth — Service of Notice ofClaim Pursuant […]

(595 P.2d 1050) Joseph F. Eggert v. Arnold L. Miller, Sheriff of Arapahoe County No. 28178Supreme Court of Colorado. Decided June 11, 1979. Extradition proceeding. Petitioner-appellant was arrested in Colorado and held for extradition to Pennsylvania. His petition for writ of habeas corpus was discharged and he appealed. Affirmed 1. EXTRADITION — Probable Cause — […]

(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 […]

Pioneer Real Estate, Inc., Plaintiff-Appellee, v. Heini Larese, a/k/a Heinrich Larese, Defendant, Consolidated With Land Title Guarantee Co., Plaintiff, v. United States Department of the Treasury, Internal Revenue Service, Defendant-Appellant, and Pioneer Real Estate, Inc., Arthur Odell, Carl Gray, Victor Kinnonen and Heini Larese, Defendants. No. 85CA1682Colorado Court of Appeals. Decided May 5, 1988. Rehearing […]

William L. Harvey, Plaintiff-Appellee, v. Ruth L. Harvey, William R. Harvey and Harlan L. Colburn, as Trustee, Defendants-Appellants. No. 91CA1539Colorado Court of Appeals. Decided September 24, 1992. Rehearing Denied October 22, 1992. Appeal from the District Court of Arapahoe County Honorable James F. Macrum, Judge Page 376 Douglas D. Auer, for Plaintiff-Appellee. Stephen M. Munsinger, […]

(283 P.2d 1085) THE DENCO REALTY COMPANY, ETC. v. JOE PANEK, JR. No. 17,511.Supreme Court of Colorado. Decided May 23, 1955. Action for real-estate commission. From judgment dismissing the complaint the plaintiff brings error. Affirmed. Error to the District Court of the City and County of Denver, Hon. Robert W. Steele, Judge. Mr. H. GORDON […]

Adalilia ARTEAGA-LANSAW, Petitioner v. The PEOPLE of the State of Colorado, Respondent. No. 05SC763.Supreme Court of Colorado. May 21, 2007. Rehearing Denied June 11, 2007.[*] [*] Justice Eid does not participate. Page 108 Douglas K. Wilson, Colorado State Public Defender, Shann Jeffery, Deputy State Public Defender, Denver, Colorado, Attorneys for Petitioner. John W. Suthers, Attorney […]

Carmen J. Chellsen, Michelle T. Collins, Howard N. Hall, James W. Roy, Sr., Mark R. Zemke, Steven M. Kenfield, Plaintiffs-Appellants, v. Federico Pena, Mayor, City and County of Denver; Richard Gonzales, Chief of the Denver Fire Department; Manuel Martinez, Manager of Safety, City and County of Denver; Civil Service Commission, City and County of Denver, […]

63 P.2d 1235 PEOPLE EX REL. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF JEFFERSON v. KOENIG ET AL. No. 13,823.Supreme Court of Colorado. Decided November 30, 1936. Suit on bond of a county treasurer. Judgment for defendants. Reversed. 1. COUNTY OFFICERS — Treasurer — School Districts. A county treasurer can have no concern as […]

The People of the State of Colorado, Plaintiff-Appellee, v. James Naulls, Defendant-Appellant. No. 95CA0009Colorado Court of Appeals. Decided May 16, 1996 Opinion Modified, and As Modified, Petition for Rehearing DENIED October 10, 1996. Certiorari Denied May 19, 1997. Appeal from the District Court of Adams County, Honorable Thomas R. Ensor, Judge, No. 94CR58. JUDGMENT REVERSED […]

The City of Arvada, a municipal corporation; All Water Users in the Arvada Service Area, Class I; and All Persons who claim an interest in the escrowed System Development Charges, Class II, Plaintiffs-Appellees, v. The City and County of Denver, acting by and through its Board of Water Commissioners, Defendant-Appellant. The City of Arvada, a […]

Richard D. Varner v. The District Court for the Fourth Judicial District, State of Colorado, and the Honorable Bernard R. Baker, as one of the Judges of the District Court No. 80SA344Supreme Court of Colorado. Decided November 3, 1980. Original Proceeding Page 1389 Bennett, Heinicke Hollaway, Dale A. Gerlach, for petitioner. Rector, Retherford, Mullen Johnson, […]

(281 P.2d 1019) FRED REIN, JR., AS REIN MILK TRANSPORT COMPANY, ET AL v. DEWEY JARVIS. No. 17,486.Supreme Court of Colorado. Decided April 4, 1955. Rehearing denied April 25, 1955. Action for damages arising out of automobile collision. Judgment for plaintiff. Affirmed. 1. NEGLIGENCE — Contributory Negligence — Last Clear Chance. The doctrine of last […]

Doug T. HOANG, Hieu T. Van, Gregory Storbakken, Joan Storbakken, Allan Walts, Marsha Walts; and Monterra Homes (Powderhorn) LLC, a Colorado limited liability corporation, Petitioners v. ASSURANCE COMPANY OF AMERICA, a New York corporation; and Maryland Casualty Company, a Maryland corporation, Respondents. No. 05SC389.Supreme Court of Colorado. January 8, 2007. As Modified March 5, 2007. […]

City of Boulder and Colorado Independent Energy Association, Petitioners-Appellants, v. The Colorado Public Utilities Commission; Commissioner Robert J. Hix; Commissioner Vincent Majkowski; Commissioner R. Brent Alderfer; Public Service Company of Colorado; and The Office of Consumer Counsel, Respondents-Appellees. No. 98SA216Supreme Court of Colorado. March 27, 2000 Appeal from the District Court, City and County of […]

(564 P.2d 424) Damon Christopher v. Dan Cronin, Manager of Safety and Excise, Wayne K. Patterson, Warden of the Jail, City and County of Denver, State of Colorado No. 27295Supreme Court of Colorado. Decided May 23, 1977. Defendant appeals from denial of a writ of habeas corpus. District court determined that requisition papers tendered by […]

(536 P.2d 1134) Mark L. Levine, a/k/a Mark Lee Levine, and Elen S. Levine, formerly known as Ellen Sachter, on behalf of themselves and all others similarly situated v. Empire Savings and Loan Association, James B. Nutter Company, Midland Federal Savings and Loan Association, Mile High Savings and Loan Association and Western Federal Savings and […]

(528 P.2d 1309) The People of the State of Colorado v. Oliver Rogers, Jr. No. 25590Supreme Court of Colorado. Decided December 9, 1974. Defendant was convicted of aggravated robbery and appealed. Affirmed 1. CRIMINAL LAW — Handcuffing — Presence of Jury — Misconduct — Contemptuous — Curative Instruction — Failure — Error — Negative. Where […]

State Bank of Wiley, Wiley, Colorado, a corporation, Plaintiff-Appellee. v. Donald E. States, a/k/a Donald States; Betty J. States, a/k/a Betty States, Defendants-Appellants. No. 85CA0611Colorado Court of Appeals. Decided June 19, 1986. Appeal from the District Court of Prowers County Honorable John C. Statler, Judge Page 160 Lefferdink Davis, John S. Lefferdink, for Plaintiff-Appellee. Dixon […]

(482 P.2d 101) Linda Sue Schott v. The People of the State of Colorado No. 23423Supreme Court of Colorado. Decided March 8, 1971. Defendant was convicted of aggravated robbery and brought error. Affirmed 1. INSTRUCTIONS, CRIMINAL — Theft by Threat — Aggravated Robbery — Lesser Included Offense — Negative. In prosecution for aggravated robbery, where […]

The People of the State of Colorado, Plaintiff-Appellee, v. Timothy James, Defendant-Appellant. No. 97CA1466Colorado Court of Appeals. October 29, 1998 Rehearing Denied December 10, 1998. Certiorari Denied July 26, 1999.[*] [*] Justice SCOTT does not participate. Appeal from the District Court of Weld County, Honorable Roger A. Klein, Judge, No. 96CR743 JUDGMENT AFFIRMED IN PART, […]

(499 P.2d 1184) Glen P. McCune, a/k/a Glen Perkins McCune v. The People of the State of Colorado No. 24191Supreme Court of Colorado. Decided August 8, 1972. Defendant was convicted of second-degree murder and brought error. Affirmed 1. HOMICIDE — Common-law Marriage — Refusal to Instruct — Elements — Lack of Error. In homicide prosecution, […]

The People of the State of Colorado, Plaintiff-Appellee, v. Thomas W. McQuarrie, Defendant-Appellant. No. 01CA1966.Colorado Court of Appeals. Division II. November 7, 2002. Rehearing Denied January 2, 2003. Adams County District Court No. 94CR1623; Honorable John J. Vigil, Judge ORDER AFFIRMED IN PART, REVERSED IN PART Page 182 Ken Salazar, Attorney General, Deborah I. Pratt, […]

The People of the State of Colorado, Plaintiff-Appellee, v. Ronald Elwood Myers, Defendant-Appellant. No. 83CA1387Colorado Court of Appeals. Decided November 21, 1985. Rehearing Denied January 9, 1986. Certiorari Denied June 9, 1986. Appeal from the District Court of Adams County Honorable Philip F. Roan, Judge Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney […]

(568 P.2d 90) Helen E. MacMahon v. William R. Nelson, M.D. No. 76-437Colorado Court of Appeals. Decided May 26, 1977. Rehearing denied June 23, 1977. Certiorari denied August 29, 1977. Medical malpractice action premised on defendant’s failure to diagnose for some months that lump under plaintiff’s earlobe was a malignant tumor. From directed verdict for […]

41 P.2d 1109 CITY AND COUNTY OF DENVER ET AL. v. COLORADO SEMINARY. No. 13,396.Supreme Court of Colorado. Decided December 21, 1934. Action to enjoin assessment and levy of taxes upon property used for educational purposes and alleged to be exempt from taxation. Judgment for plaintiff. Affirmed. 1. JUDGMENTS — Res Judicata. A former adjudication […]

(574 P.2d 81) The People of the State of Colorado v. Michael Anthony Fink No. C-997Supreme Court of Colorado. Decided January 30, 1978. Defendant was convicted of reckless manslaughter which the trial court later vacated and entered a corrected judgment of guilty of the lesser included offense of criminally negligent homicide. On appeal, the court […]

144 P.2d 992 PEOPLE EX REL. ROSENBERG v. KEATING. No. 15,427.Supreme Court of Colorado. Decided January 10, 1944. A proceeding in the nature of quo warranto challenging the right of defendant in error to hold the office of election commission in Denver. Judgment of dismissal. Affirmed. On Application for Supersedeas. 1. PUBLIC OFFICERS — Resignation. […]

The People of the State of Colorado, Plaintiff-Appellee, v. John L. Rosales, a/k/a Juan L. Rosales, a/k/a Kango, Defendant-Appellant. No. 93CA0938Colorado Court of Appeals. Decided March 23, 1995 Petitions for Rehearing DENIED May 18, 1995 Certiorari Denied February 26, 1996. Page 645 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

Steven Carpenter, M.D., Petitioner, v. Kayla Young, a minor, by and through her parents and next friends, Charlotte Young and Carl Young, Respondents. No. 88SC158Supreme Court of Colorado. Decided May 15, 1989. Certiorari to the Colorado Court of Appeals. Page 562 Pryor, Carney and Johnson, Susan T. Smith, for Petitioner. McDermott, Hansen, Anderson Reilly, William […]

People of the State of Colorado, Plaintiff-Appellant in 84SA271 and Petitioner in 84SA322, v. Martin Zamora, Defendant-Appellee in 84SA271, and The District Court of the Second Judicial District and Lynne M. Hufnagel, one of the judges thereof, Respondents in 84SA322 No. 84SA271 No. 84SA322Supreme Court of Colorado. Decided February 11, 1985 . Interlocutory Appeal from […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Willie BOYKINS, Defendant-Appellant. No. 03CA2278.Colorado Court of Appeals. October 20, 2005. Rehearing Denied January 12, 2006. Certiorari Denied July 17, 2006.[*] [*] Justice EID does not participate. Appeal from the District Court, Mesa County, David A. Bottger, J. Page 88 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

The People of the State of Colorado v. Alfred Madson No. 80SA370Supreme Court of Colorado. Decided November 16, 1981. Rehearing denied December 7, 1981. Appeal from the District Court of the County of Otero, Honorable Lewis T. Babcock, Judge. Page 19 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

The People of the State of Colorado, Plaintiff-Appellee, v. Santos Romero, Jr., Defendant-Appellant. No. 82CA0581Colorado Court of Appeals. Decided August 15, 1985. Rehearings Denied September 5, 1985. Certiorari Granted People January 13, 1986 (85SC382). Certiorari Granted Romero January 13, 1986 (85SC389). Appeal from the District Court of Larimer County Honorable William F. Dressel, Judge Page […]

General Cable Company, Petitioner, v. The Industrial Claim Appeals Office of the State of Colorado and Rita J. Turzanski, Respondents. No. 93CA1318Colorado Court of Appeals. Decided June 16, 1994 Review of Order from the Industrial Page 119 Claim Appeals Office of the State of Colorado WC No. 4-020-647 ORDER AFFIRMED Page 120 Lavinder, Jolliffe Chambers, […]

Linda C. Yates, Petitioner, v. Sinton Dairy, CNA Insurance Companies, and The Industrial Claim Appeals Office of the State of Colorado, Respondents. No. 93CA0567Colorado Court of Appeals. Decided May 19, 1994. Rehearing denied June 16, 1994. Petition for Writ of Certiorari DENIED November 7, 1994. Review of Order from the Industrial Claim Appeals Office of […]

(538 P.2d 433) The People of the State of Colorado v. Clinton Todd and Thaylen Todd No. 26209Supreme Court of Colorado. Decided July 14, 1975. Defendants were convicted of theft by deception and conspiracy to commit theft and appealed. Affirmed 1. CRIMINAL EVIDENCE — Theft by Deception — Department Store Refund Check — — Foundation […]

Farmers Insurance Co., and Mid-Century Insurance Co., its subsidiary, Plaintiffs-Appellees, v. Patrice Plunkett, Defendant-Appellant. No. 82CA0058Colorado Court of Appeals. Decided February 16, 1984. Rehearing Denied April 5, 1984. Certiorari Denied September 4, 1984. Appeal from the District Court of Pitkin County Honorable J.E. DeVilbiss, Judge Page 471 Rector, Retherford, Mullen Johnson, Neil C. Bruce, for […]

Sondra A. Holliday, Petitioner v. Bestop, Inc.; Colorado Compensation Insurance Authority; and The Industrial Claim Appeals Office, Respondents. No. 99SC742Supreme Court of Colorado. May 14, 2001 As Modified on Denial of Rehearing June 4, 2001. Certiorari to the Colorado Court of Appeals Court of Appeals No. 98CA2199. JUDGMENT VACATED AND CASE DISMISSED No. 99SC742 Holliday […]

The People of the State of Colorado, In the Interest of C.C.G., a Child, Upon the petition of the Denver Department of Social Services, Petitioner-Appellee, and Concerning M.J.G., n/k/a M.J.M., Respondent-Appellant. No. 93CA0303Colorado Court of Appeals. Decided March 10, 1994 Page 42 Appeal from the Juvenile Court of the City and County of Denver, Honorable […]

Colorado Office of Consumer Counsel and The Colorado Municipal League, Intervenors-Appellants, v. The Mountain States Telephone and Telegraph Company, Petitioner-Appellee, and The Public Utilities Commission of the State of Colorado and Arnold H. Cook, Ronald L. Lehr, and Andra Schmidt, the individual Commissioners thereof, Respondents-Appellees, and ATT Communications of the Mountain States, Inc.; MCI Telecommunications […]

Young Properties, a California general partnership, and Doris Y. Coates, Trustee of the Doris W. Young Survivors Trust, Plaintiffs-Appellees, v. Gregory D. Wolflick, Trustee of the Wolflick Survivors Trust, Defendant-Appellant. No. 02CA2130.Colorado Court of Appeals. December 4, 2003. Rehearing Denied February 5, 2004. Ouray County District Court No. 00CV0041, Honorable Charles R. Greenacre, Judge. JUDGMENT […]

Mission Viejo Company, a California corporation; Highlands Ranch Development Corporation, a Colorado corporation; and Centennial Water and Sanitation District, a quasi-municipal corporation and political subdivision of the State of Colorado, Objectors-Appellants, v. Willows Water District, a quasi-municipal corporation and political subdivision of the State of Colorado, Applicant-Appellee. No. 90SA217 No. 90SA218Supreme Court of Colorado. Decided […]

48 P.2d 805 FRINK v. CARMAN DISTRIBUTING COMPANY. No. 13,448.Supreme Court of Colorado. Decided June 24, 1935. Action against a corporate stockholder on his statutory liability by reason of stock owned, but not paid for, by him. Judgment for plaintiff. Reversed in Part. 1. CORPORATIONS — Stockholders — Unpaid Stock — Liability. Under the statute […]

In re the Marriage of Cynthia I. Helmich, Appellee, and Miles R. Blount, Appellant. No. 95CA1658Colorado Court of Appeals. March 6, 1997 Petition for Rehearing DENIED April 10, 1997 Appeal from the District Court of the City and County of Denver Honorable Robert S. Hyatt, Judge No. 87DR3113 ORDER AFFIRMED AND CAUSE REMANDED WITH DIRECTIONS […]

(618 P.2d 675) The People of the State of Colorado v. Edward J. Mattas No. 77-477Colorado Court of Appeals. Decided March 27, 1980. Opinion modified and as modified petition for rehearing denied April 24, 1980. Certiorari granted September 29, 1980. Convicted of first degree sexual assault and first degree burglary, defendant appealed. Affirmed 1. CRIMINAL […]

The People of the State of Colorado, Plaintiff-Appellee, v. Donald Penrod, Defendant-Appellant. No. 91CA2084Colorado Court of Appeals. Decided August 11, 1994. Petitions for Rehearing DENIED September 15, 1994. Petition and Cross-Petition for Writ of Certiorari DENIED March 20, 1995. Appeal from the District Court of Boulder County Honorable Oyer G. Leary, Judge No. 90CR0686 JUDGMENT […]

The People of the State of Colorado, Plaintiff-Appellee v. John Trujillo, Defendant-Appellant. No. 99CA0406.Colorado Court of Appeals. May 25, 2000. Appeal from the District Court of the City and County of Denver, Honorable Warren O. Martin, Judge, No. 94CR4676. ORDER AFFIRMED Page 1105 Ken Salazar, Attorney General, John J. Fuerst, III, Assistant Attorney General, Denver, […]

The People of the State of Colorado v. David Emmert No. 80SA254Supreme Court of Colorado. Decided May 26, 1981. Original Proceedings in Discipline Linda Donnelly, Disciplinary Prosecutor, Philip A. Harley, Disciplinary Prosecutor, for complainant. David Emmert, pro se. En Banc. CHIEF JUSTICE HODGES delivered the opinion of the Court. [1] David Emmert, attorney-respondent, is suspended […]

The People of the State of Colorado, Plaintiff-Appellee, v. John William Bossert, Defendant-Appellant. No. 86SA493Supreme Court of Colorado. Decided May 1, 1989. Appeal from District Court, Jefferson County Honorable Gaspar F. Perricone, Judge. Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, Solicitor General, John Milton Hutchins, First Assistant Attorney […]

In re the MARRIAGE OF Holly Budean WHITE, Appellee, and David D. MARTIN, Appellant. No. 09CA0596.Colorado Court of Appeals. June 10, 2010. Appeal from the District Court, El Paso County, Deborah J. Grohs, J. Page 535 Beltz West, P.C., Daniel A. West, Colorado Springs, Colorado, for Appellee. The Law Office of Kelly A-R McCurley, Kelly […]

(265 P.2d 226) RIVERA v. THE PEOPLE. No. 17,131.Supreme Court of Colorado. Decided December 28, 1953. Plaintiff in error was convicted of the crime of burglary, and sentenced to serve a term in the state penitentiary. Reversed. 1. CRIMINAL LAW — Statutes — Applicability. “The law applicable at the time of the commission of an […]

Taylor Hawes and Colorado Health Care Conversions Project, Petitioners, and Kelly, Haglund, Garnsey, Kahn LLC; and Colorado Center on Law Policy, Attorney-Petitioners, v. Colorado Division of Insurance, William J. Kirven III, in his capacity as Commissioner of Insurance; Rocky Mountain Hospital and Medical Service, Inc., d/b/a Anthem Blue Cross Blue Shield of Colorado, a Colorado […]

THE PEOPLE OF THE STATE OF COLORADO, Complainant, v. EUGENE A. STEINMAN, Attorney-Respondent. No. 96SA157Supreme Court of Colorado. January 13, 1997 Original Proceeding in Discipline ATTORNEY DISBARRED Linda Donnelly, Disciplinary Counsel, James S. Sudler, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. No Appearance by Attorney-Respondent EN BANC PER CURIAM [1] The hearing board in […]

(388 P.2d 758) ESTHER C. HENNESY v. TINA MARIE HOMES, INC. No. 20,657.Supreme Court of Colorado. Decided December 9, 1963. Action for damages resulting from fall in model home. Judgment for defendant. Affirmed. 1. NEGLIGENCE — Model Home — Step-down — Visitors — Walking Backward — Contributory Negligence — Directed Verdict. Where evidence disclosed that […]

(431 P.2d 783) Wayne Ashley and Industrial Commission of the State of Colorado v. John J. Roche and A. Unrein, Jr., as Co-Partners, d/b/a Ambulance Service Company; Herbert G. McCormick and (First Name Unknown) Frome. No. 21684.Supreme Court of Colorado. Decided September 18, 1967. Action by automotive machinist to recover damages for second injury sustained […]

Linda Giddings, Petitioner, v. Industrial Claim Appeals Office of the State of Colorado, Northern Telecom, and Liberty Mutual Insurance Company, Respondents. No. 01CA0077Colorado Court of Appeals. September 13, 2001 Rehearing Denied October 18, 2001. Certiorari Denied February 11, 2002. Industrial Claim Appeals Office W.C. No. 4-293-203 ORDER SET ASIDE AND CASE REMANDED WITH DIRECTIONS Page […]

The People of the State of Colorado, Plaintiff-Appellant, v. Roberto Ramos, Defendant-Appellee. No. 00SA159Supreme Court of Colorado. September 11, 2000 Interlocutory Appeal from the District Court, Logan County, Honorable Joseph Weatherby, Judge. JUDGMENT REVERSED AND CASE REMANDED Page 296 Mark T. Adams, District Attorney, Thirteenth Judicial District, Derek Regensburger, Deputy District Attorney, Sterling, Colorado, Attorneys […]

118 P.2d 769 MOFFAT COAL COMPANY ET AL. v. INDUSTRIAL COMMISSION ET AL. No. 14,968.Supreme Court of Colorado. Decided October 6, 1941. Rehearing denied October 27, 1941. A proceeding under the Workmen’s Compensation Act. Judgment for claimants. Affirmed. 1. MARRIAGE — Common-law — Evidence. While habit and repute of marriage are not essential to the […]

(576 P.2d 167) Bert J. Johnson, Sheriff of Adams County, and all others acting for and on his behalf v. District Court of the Seventeenth Judicial District in and for the County of Adams, State of Colorado, and The Honorable Jean J. Jacobucci, one of the judges thereof No. 27491Supreme Court of Colorado. Decided March […]

(506 P.2d 1243) Johann Gerhard Michels v. Motor Vehicle Division of the Department of Revenue, State of Colorado No. 72-341Colorado Court of Appeals. Decided February 27, 1973. In action to review department of revenue order suspending plaintiff’s driver’s license, district court determined that hearing officer had abused his discretion and reversed the order of suspension. […]

THE PEOPLE OF THE STATE OF COLORADO, Complainant, v. RAUL N. RODRIGUEZ, Attorney-Respondent. No. 97SA110Supreme Court of Colorado. May 19, 1997 Original Proceeding in Discipline PUBLIC CENSURE Linda Donnelly, Disciplinary Counsel, Kenneth B. Pennywell, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. Michael D. Gross, Colorado Springs, Colorado, Attorney for Attorney-Respondent. EN BANC JUSTICE SCOTT […]

The People of the State of Colorado, Plaintiff-Appellee, v. Thomas Whatley, Defendant-Appellant. No. 98CA2085Colorado Court of Appeals. February 17, 2000 Appeal from the District Court of Otero County, Honorable M. Jon Kolomitz, Judge, No. 97CR85 JUDGMENT AFFIRMED Page 669 Ken Salazar, Attorney General, Barbara McDonnell, Chief Deputy Attorney General, Michael E. McLachlan, Solicitor General, David […]

American Television and Communications Corporation, a Delaware corporation, Plaintiff-Appellant, v. John Manning, individually and d/b/a Micro-King Electronics; Edward Stoker, individually and d/b/a Micro-Wave Antenna Sales; Larry Wagster and Bob Doe, a person whose first name is Bob and whose last name is presently unknown, individually and d/b/a Video Headquarters; and Steven Ritter, individually and d/b/a […]

(568 P.2d 84) Reba Casselman v. (1) Denver Tramway Corporation, (2) Eugene H. Adams, W. A. Alexander, G. B. Aydelott, M. F. Craney, R. B. Danks, Chris Dobbins, Montgomery Dorsey, John Evans, Jr., and A. R. Phipps, (3) W. A. Alexander, Trustee, and (4) Travelers Indemnity Company and City and County of Denver No. 76-335Colorado […]

109 P.2d 646 PATTRIDGE v. YOUMANS. No. 14,762.Supreme Court of Colorado. Decided January 13, 1941. An action for damages for fraud and deceit. Judgment for plaintiff. Affirmed. On Application for Supersedeas. 1. FRAUD AND DECEIT — False Representations. It is not necessary, in order to constitute a fraud, that the party who makes a false […]

(293 P.2d 967) WILLIAM HENRY WISDOM v. INDUSTRIAL COMMISSION OF COLORADO, ET AL. No. 17,863.Supreme Court of Colorado. Decided February 20, 1956. Claim for compensation resulting from altercation with fellow employee. The district court affirmed an award of the Commission dismissing the claim and the claimant brings error. Affirmed. 1. WORKMEN’S COMPENSATION — Co-employee — […]

Colorado National Bank-Arvada, a national banking association formerly known as The Arvada State Bank, a state banking association, Plaintiff-Appellee, v. William F. Greaney, Jr., Defendant-Judgment Debtor, and First Charter Bank, a state banking association, Garnishee-Appellant. No. 84CA1048Colorado Court of Appeals. Decided January 2, 1986. Rehearing Denied February 13, 1986. Certiorari Denied June 2, 1986 (86SC86). […]

(599 P.2d 881) The People of the State of Colorado, In the Interest of H.A.C., a child v. D.C.C. No. 79SA217Supreme Court of Colorado. Decided August 20, 1979. Opinion modified and as modified rehearing denied September 17, 1979. District court terminated mother’s parental relationship with her daughter and mother appealed. Affirmed 1. PARENT AND CHILD […]

(590 P.2d 492) Raymond J. Garcia v. Dan Cronin, Manager of Safety and Excise and Ex-Officio Sheriff of the City and County of Denver, and Wayne K. Patterson, Warden of the Jail, City and County of Denver, State of Colorado No. 28105Supreme Court of Colorado. Decided December 4, 1978. Rehearing denied December 26, 1978. District […]

Lewis Rosenberg, Petitioner, v. The Board of Education of School District No. 1, Denver Public Schools, Respondent. No. 83SC321Supreme Court of Colorado. Decided December 9, 1985. Rehearing Denied January 13, 1986. Certiorari to the Colorado Court of Appeals Page 1096 Larry F. Hobbs, William P. Bethke, Vonda G. Hall, Hobbs/Bethke Associates, for Petitioner. Martin Semple, […]

The People of the State of Colorado, Complainant, v. Michael J. Guyerson, Attorney-Respondent. No. 94SA452Supreme Court of Colorado. Decided June 30, 1995 Original Proceeding in Discipline. ATTORNEY DISBARRED. Linda Donnelly, Disciplinary Counsel, Kenneth B. Pennywell, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. Theodore A. Borillo, Denver, Colorado, Attorney for Attorney-Respondent. EN BANC PER CURIAM. […]

Allstate Insurance Company, an Illinois Corporation, Plaintiff-Appellee, v. Frank B. Hall Co. of California, a California Corporation, and Industrial Indemnity Co., a California Corporation, Defendants-Appellants. No. 87CA1308Colorado Court of Appeals. Decided January 5, 1989. Rehearing Denied February 16, 1989. Appeal from the District Court of Jefferson County Honorable Christopher J. Munch, Judge. Page 1343 Madden […]

(243 P.2d 762) RAY v. THE PEOPLE. No. 16,770.Supreme Court of Colorado. Decided April 14, 1952. Rehearing denied April 28, 1952. Plaintiff in error was convicted of the crime of embezzlement. Affirmed 1. CRIMINAL LAW — Evidence — Other Similar Transactions. In a criminal case, “It is competent to show that a defendant on trial […]

Richard S. CARMICHAEL, Petitioner v. The PEOPLE of the State of Colorado, Respondent. No. 07SC478.Supreme Court of Colorado. April 13, 2009. Rehearing Denied May 11, 2009.[*] [*] Justice Coats would grant the petition; Justice Eid does not participate. Appeal from the District Court, Arapahoe County, Frederick B. Skillern, J. PGPage 801 [EDITORS’ NOTE: THIS PAGE […]

Margaret H. Munson, individually, and as co-trustee for the William R. Munson Trust; W.A. Munson, as co-trustee, and as attorney-in-fact for Marion Gotschall, co-trustee of the William R. Munson Trust, Plaintiffs-Appellants, v. Boettcher Company, Inc. and Craig L. Carson, Defendants-Appellees. No. 89CA1627Colorado Court of Appeals. Decided November 7, 1991. Rehearing Denied December 19, 1991. Certiorari […]

(488 P.2d 877) Hugh H. C. Weed, Jr., as Director of Revenue of the State of Colorado, John Heckers, Substituted Defendant v. Joe Occhiato, Carlo Occhiato, Rose Occhiato, Jenny Gersick, Helen Perrino, and Theresa Rossi, Co-partners doing business as Pepsi-Cola Bottling Company, Pueblo, Colorado, and Pepsi-Cola Bottling Company of Pueblo, a Colorado Corporation No. 24015Supreme […]

42 P.2d 197 WINDOLPH ET AL. v. PEOPLE. No. 13,670.Supreme Court of Colorado. Decided February 25, 1935. Rehearing denied March 18, 1935. Plaintiffs in error were convicted of burglary. Affirmed. On Application for Supersedeas. 1. CRIMINAL LAW — Burglary — Warehouse. A structure originally built and used as a barn, but subsequently utilized solely for […]

119 P.2d 610 RITCHIE ET AL. v. FERRELLI ET AL. No. 14,793.Supreme Court of Colorado. Decided September 29, 1941. Rehearing denied December 1, 1941. An action involving the ownership of real property and to quiet title thereto. Judgment for defendants. Affirmed. 1. APPEAL AND ERROR — Findings — Fact. Fact findings of the trial court, […]

(447 P.2d 221) William E. Andersen v. Industrial Commission of the State of Colorado (Ex Officio Unemployment Compensation Commission of Colorado); and Metropolitan Pontiac; Leo Payne Pontiac, Inc.; and Pinkerton’s Incorporated (Interested Employers). No. 23513.Supreme Court of Colorado. Decided November 18, 1968. From judgment of district court affirming a denial of unemployment compensation benefits to […]

108 P.2d 224 PEOPLE EX REL. WADE v. DOWNEN. No. 14,691.Supreme Court of Colorado. Decided September 16, 1940. Rehearing denied December 9, 1940. A proceeding in quo warranto involving the office of a member of the real estate brokers board. Judgment for respondent. Reversed. 1. STATUTES — Repeal by Implication. Repeals by implication are not […]

A.C. EXCAVATING; Brady Son Bonded Roof Co.; NDF Company; Formex Concrete Forming, Inc.; Frank’s Finish Grading, Inc.; Hesterly Holland Construction, LLC; K.J. Woodworks, Ltd.; Rocky Mountain Flatwork, Inc.; Stevens Excavating, Inc.; Watren Concrete Forming, Inc.; and Yeager Concrete Corporation, Petitioners, v. YACHT CLUB II HOMEOWNERS ASSOCIATION, INC., Respondent. No. 03SC842.Supreme Court of Colorado. En Banc. […]

(552 P.2d 10) The People of the State of Colorado v. Hoyt Allen Harris No. 27092Supreme Court of Colorado. Decided July 6, 1976. Interlocutory appeal by the prosecution after the district court granted the defendant’s motion to suppress certain statements which he made in the course of a custodial interrogation by the police. Affirmed 1. […]

(313 P.2d 314) AUDREY I. CUTTING v. EDWARD O. GEER, ET AL. No. 18,203.Supreme Court of Colorado. Decided June 24, 1957. From discharge of a writ of habeas corpus in an extradition proceeding the petitioner brings error. Affirmed. 1. HABEAS CORPUS — Extradition — United States Territory. Although the United States Constitution is silent as […]

In Re the Matter of Summit Trust Services, Inc., Upon the Petition of the Colorado State Banking Board, Petitioner-Appellee, and Concerning Law Offices of Bernard J. Hittner Money Purchase Plan and Law Offices of Bernard J. Hittner Profit Sharing Plan, Objectors-Appellants, v. Andrew C. Snyder, Receiver, Movant-Appellee. No. 96CA0200Colorado Court of Appeals. March 20, 1997 […]

(361 P.2d 616) ROY L. CLEERE, ET AL., AS COLORADO BOARD OF FUNERAL DIRECTORS AND EMBALMERS v. GLENNA MASON BULLOCK. No. 19,284.Supreme Court of Colorado. Decided April 24, 1961. From a judgment ordering Board of funeral Directors and Embalmers to issue license to plaintiff as a funeral director, the defendants bring error. Affirmed in Part, […]

The People of the State of Colorado, Plaintiff-Appellee v. Derek Lavan Jackson, Defendant-Appellant. No. 98CA2496.Colorado Court of Appeals. May 25, 2000. Appeal from the District Court of Adams County, Honorable Donald W. Marshall, Jr., Judge, No. 97CR3276. JUDGMENT REVERSED AND CAUSE REMANDED WITH DIRECTIONS Page 839 Ken Salazar, Attorney General, Barbara McDonnell, Chief Deputy Attorney […]