Category: Colorado Court Opinions

(344 P.2d 179) IN RE ESTATE OF VIRGINIA K. JEFFERSON, ETC., RICHARD M. DOWNING, AS ADMINISTRATOR, ETC. v. KATHERINE S. HOUGH No. 18,835.Supreme Court of Colorado. Decided September 28, 1959. From an order of removal the administrator of an estate brings error. Affirmed. 1. EXECUTORS AND ADMINISTRATORS — Removal — Statute — Discretion of Court. […]

In the Matter of the Death of Fred D. Peterkin (Deceased). Gloria Peterkin, Petitioner, v. The Industrial Commission of the State of Colorado; Curtis, Inc.; Great West Casualty Co.; and Director of Division of Labor and Employment, Respondents. No. 83CA1295Colorado Court of Appeals. Decided January 17, 1985 Petition for Rehearing Granted January 17, 1985, and […]

(269 P.2d 707) HAWKEYE SECURITY INSURANCE COMPANY v. LEE. No. 17,196.Supreme Court of Colorado. Decided April 5, 1954. Rehearing denied April 26, 1954. An action on an automobile insurance policy. Judgment for plaintiff. PER CURIAM. Judgment affirmed en banc without written opinion. Error to the District Court of Pueblo County, Hon. J. Arthur Phelps, Judge. […]

(575 P.2d 439) City and County of Denver School District No. 1, and Division of State Compensation Insurance Fund v. Industrial Commission of Colorado, and Edward A. Brandhorst and City and County of Denver School District No. 1, and Division of State Compensation Insurance Fund v. Industrial Commission of Colorado, and LeRoy William Bonger No. […]

Jack O’Connor and Dan O’Connor, Plaintiffs-Appellants, v. Proprietors Insurance Company and CTH Aviation, Defendants-Appellees. No. 82CA0079Colorado Court of Appeals. Decided September 30, 1982. Rehearing denied October 21, 1982. Certiorari Granted March 28, 1983. Appeal from the District Court of Mesa County, Honorable William M. Ela, Judge. Sherman Howard, Michael W. Williams, Ellen W. Reath, for […]

(577 P.2d 284) J. Joseph Reed, Individually and d/b/a Best Remodeling v. Joseph F. Dolan, Individually and as Executive Director, Department of Revenue, State of Colorado No. 27723Supreme Court of Colorado. Decided April 10, 1978. Rehearing denied May 8, 1978. Plaintiff taxpayer commenced this action in the district court attacking certain tax assessments made against […]

(380 P.2d 905) LEE GIRON v. THE PEOPLE OF THE STATE OF COLORADO. No. 20,513.Supreme Court of Colorado. Decided April 22, 1963. Defendant was convicted of passing a forged instrument with intent to defraud and brings error. Writ of Error Dismissed. 1. CRIMINAL LAW — Appeal and Error — Motion for New Trial — Rules […]

(261 P.2d 228) STEARNS-ROGER MANUFACTURING COMPANY ET AL. v. CASTEEL ET AL. No. 17,155.Supreme Court of Colorado. Decided September 21, 1953. Rehearing denied October 19, 1953. A proceeding under the Workmen’s Compensation Act. Judgment for claimant. Affirmed. 1. WORKMEN’S COMPENSATION — Commission Findings — Petitions for Review. In workmen’s compensation cases, “An award of the […]

The People of the State of Colorado, Complainant, v. Andrew J. Regan, Attorney-Respondent. No. 94SA15Supreme Court of Colorado. Decided April 4, 1994 Original Proceeding in Discipline ATTORNEY SUSPENDED Page 1185 Linda Donnelly, Disciplinary Counsel, James C. Coyle, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant Andrew J. Regan, Pro Se, Denver, Colorado EN BANC PER […]

138 P.2d 276 MEYER, ADMINISTRATRIX v. MILLIKEN. No. 15,052.Supreme Court of Colorado. Decided May 10, 1943. A proceeding involving a claim against the estate of a deceased person. Claim allowed, to be paid from any uninventoried property of the estate. Affirmed. 1. EXECUTORS AND ADMINISTRATORS — Claims — Records. Where a claim against the estate […]

David E. Graven, Petitioner, v. Vail Associates, Inc., Respondent. No. 94SC416Supreme Court of Colorado. Decided December 18, 1995 As Modified on Denial of Rehearing January 16, 1996. Certiorari to the Colorado Court of Appeals JUDGMENT REVERSED AND CASE REMANDED Page 515 Kenneth Dresner, Colorado Springs, Colorado, Attorney for Petitioner. White Steele, P.C., John M. Lebsack, […]

(577 P.2d 1092) Wheeler Lewis v. Cecil S. Slifer No. C-1282Supreme Court of Colorado. Decided April 24, 1978. Rehearing denied May 15, 1978. Action by plaintiff, a welder-carpenter and employee of subcontractor, against architects to recover for injuries sustained as a result of high school building construction accident when roof collapsed allegedly due to lack […]

The People of the State of Colorado, Complainant, v. Russell Edward Yates, Respondent. No. 97SA467Supreme Court of Colorado. February 2, 1998 Original Proceeding in Discipline PUBLIC CENSURE Linda Donnelly, Disciplinary Counsel, Kenneth B. Pennywell, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. John M. Richilano, Denver, Colorado, Attorney for Respondent. EN BANC JUSTICE BENDER does […]

Honorable Governor Roy Romer, and Gale A. Norton, Attorney General for the State of Colorado, on their own behalf and on behalf of the People and Electors of the State of Colorado, and the State of Colorado, Petitioners, v. Fountain Sanitation District, a Colorado Special District, Respondent. No. 94SA302Supreme Court of Colorado. Decided June 19, […]

(583 P.2d 305) James H. Roberts and Rita Roberts v. David Wayland May, and Daniel R. Peterson and Nissan Motor Corporation in U.S.A., a California corporation No. 77-714Colorado Court of Appeals. Decided May 11, 1978. Rehearing denied June 8, 1978. Certiorari denied August 28, 1978. Plaintiff sustained injuries in accident while a passenger in automobile […]

Silverview at Overlook, LLC, a Colorado limited liability company, Plaintiff-Appellee, v. Overlook at Mt. Crested Butte Limited Liability Company, Defendant-Appellant, and Overlook at Mt. Crested Butte Condominium Association, Defendant-Appellee. No. 03CA0114.Colorado Court of Appeals. February 12, 2004. Certiorari Denied August 16, 2004[*] [*] JUSTICE KOURLIS would grant as to the following issues: Whether the court […]

The People of the State of Colorado v. William R. Hebeler No. 81SA428Supreme Court of Colorado. Decided November 17, 1981. Original Proceedings in Discipline Linda Donnelly, Disciplinary Prosecutor, for complainant. Joseph H. Paulin, for attorney-respondent. En Banc. CHIEF JUSTICE HODGES delivered the opinion of the Court. [1] Mr. Hebeler, you appear before this Court at […]

124 P.2d 757 HAMILTON v. CITY OF MONTROSE. No. 15,040.Supreme Court of Colorado. Decided March 16, 1942. Rehearing denied April 20, 1942. Plaintiff in error was found guilty of the violation of a city ordinance. Affirmed. On Application for Supersedeas. 1. CONSTITUTIONAL LAW — Municipal Ordinances — Freedom of Speech — Religion. Each case involving […]

448 P.2d 963 Industrial Commission of Colorado, State Compensation Insurance Fund, and J. L. Williams v. George A. Seastone. No. 23330.Supreme Court of Colorado. Decided January 13, 1969. From a judgment of the district court reversing the Industrial Commission which ruled that claimant’s claim for award on basis of working unit disability be denied, error […]

(570 P.2d 236) The People of the State of Colorado v. John F. Gallagher, District Court Judge, Fourth Judicial District, State of Colorado No. 27749Supreme Court of Colorado. Decided September 26, 1977. Original proceeding in which petitioner sought relief in the nature of prohibition arguing that trial court abused its discretion in granting new trial […]

The People of the State of Colorado, Complainant, v. J. Richard Calder, Attorney-Respondent. No. 95SA136Supreme Court of Colorado. Decided June 19, 1995 Original Proceeding in Discipline. ATTORNEY DISBARRED. Linda Donnelly, Disciplinary Counsel, John S. Gleason, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. J. Richard Calder, Pro Se, Salt Lake City, Utah. EN BANC PER […]

(589 P.2d 924) Andrew Joe Garcia v. The District Court, 21st Judicial District, Honorable William M. Ela, and County Court, 21st Judicial District, Honorable Harold P. Moss Kenneth Ray Feland v. The People of the State of Colorado No. C-1551 No. C-1504Supreme Court of Colorado. Decided January 22, 1979. Opinion modified and as modified petitions […]

(521 P.2d 780) The People of the State of Colorado ex rel. Terrance Lee Farina, District Attorney in and for the 21st Judicial District, State of Colorado v. The District Court of the 21st Judicial District and the Honorable William M. Ela, a judge thereof No. 26377Supreme Court of Colorado. Decided April 22, 1974. Original […]

(224 P.2d 932) STRUBLE ET AL. v. HICKS. No. 16,538.Supreme Court of Colorado. Decided November 6, 1950. In a habeas corpus proceeding, defendant in error was released from custody of a sheriff by order of court. Reversed. On Application for Supersedeas. 1. HABEAS CORPUS — Proceedings. “Final determination of a habeas corpus proceeding is not […]

(549 P.2d 1096) In the matter of the Estate of Mike Colacci, a/k/a Michael Arcangelo Colacci, United Bank of Boulder, Colorado, Administrator C.T.A. of the Estate of the Deceased, and Joseph Colacci, a son of the Deceased v. Mrs. Mary Stanton, Mrs. Pattie Dondelinger, Mrs. Toni M. Musgrove and Miss Sally Colacci, children of Anthony […]

The People of the State of Colorado, Plaintiff-Appellant, Cross-Appellee, v. James A. Drake, Defendant-Appellee, Cross-Appellant. No. 86SA205Supreme Court of Colorado. Decided January 16, 1990. Opinion Modified and, as Modified, Rehearing Denied February 20, 1990. Page 1258 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

Denise L. Stern, Petitioner, v. The Industrial Commission of the State of Colorado (Ex-Officio Unemployment Compensation Commission of Colorado) and The University of Colorado, UMC Food Service, Respondents. No. 80CA1005Colorado Court of Appeals. Decided April 21, 1983. Opinion Modified and as Modified Rehearing Denied May 12, 1983. Review of Order from the Industrial Commission of […]

The People of the State of Colorado, Plaintiff-Appellee, v. Louis L. Gutierrez, Defendant-Appellant. No. 94CA0396Colorado Court of Appeals. Decided September 14, 1995 Petition for Rehearing DENIED October 12, 1995 Petition for Writ of Certiorari DENIED April 22, 1996 Appeal from the District Court of Boulder County Honorable Murray Richtel, Judge No. 93CR462. JUDGMENT AFFIRMED. Page […]

Josefita P. Hesson, Petitioner, v. The Industrial Commission of the State of Colorado; Division of Employment and Training; Colorado Department of Labor and Employment; and Great West Life Assurance Co., Respondents. No. 86CA0380Colorado Court of Appeals. Decided June 4, 1987. Page 527 Review of Order from the Industrial Commission of the State of Colorado. Linda […]

181 P.2d 360 THE PEOPLE v. HILL. No. 15,803.Supreme Court of Colorado. Decided May 19, 1947. Defendant in error was sentenced to the penitentiary for life, no minimum term being included therein. On his motion for resentence, the term of imprisonment was fixed at fifty-nine years to life. Affirmed. 1. CRIMINAL LAW — Resentence — […]

(589 P.2d 497) Dye Construction Co., a Colorado corporation v. Joseph F. Dolan, Executive Director of the Department of Revenue, in his official capacity, the Department of Revenue of the State of Colorado, and the State of Colorado No. 77-929Colorado Court of Appeals. Decided August 31, 1978. Rehearing denied October 5, 1978. Certiorari denied January […]

(351 P.2d 825) JAMES VALENTINE v. HARRY C. TINSLEY, WARDEN, ETC. No. 19,308.Supreme Court of Colorado. Decided May 9, 1960. Rehearing denied May 23, 1960. From denial of his petition for a writ of habeas corpus the petitioner brings error. Affirmed. 1. HABEAS CORPUS — Petition — Grounds for Issuance — Denial. Where a petition […]

74 P.2d 1245 ISOM v. ISOM ET AL. No. 14,129.Supreme Court of Colorado. Decided December 27, 1937. Suit for damages for alleged fraud and conspiracy on the part of defendants to hinder plaintiff in the collection from defendant Isom of alimony claimed to be due her under a judicial decree. Judgment of dismissal. Affirmed. 1. […]

84 P.2d 823 EISIMINGER v. ELLIOTT, CITY TREASURER OF ROCKY FORD, ET AL. No. 14,321.Supreme Court of Colorado. Decided November 21, 1938. Suit in mandamus by the holder of municipal improvement district bonds to enforce payment of matured interest thereon. Judgment for respondents. Reversed. 1. MUNICIPAL CORPORATIONS — Bonds — Statutes. Proceedings incident to the […]

David Alan Sommer, Plaintiff-Appellant, v. Department of Revenue, State of Colorado, Alan N. Charnes, Executive Director of the Department of Revenue, State of Colorado, R.W. Skeen and C. Nielsen, Hearing Officers for the Department of Revenue, State of Colorado, Defendants-Appellees. No. 85SA80Supreme Court of Colorado. Decided March 3, 1986. Appeal from the District Court of […]

134 P.2d 332 BLACK FOREST FOX RANCH, INC. ET AL. v. GARRETT ET AL. No. 15,251.Supreme Court of Colorado. Decided February 1, 1943. Rehearing denied February 23, 1943. A proceeding under the Workmen’s Compensation Act. Judgment for claimants. Reversed. 1. WORKMEN’S COMPENSATION — Disease — Accident. Death of an employee which ensues as a result […]

The People of the State of Colorado v. Charles Eugene Mason No. 79CA1030Colorado Court of Appeals. Decided April 2, 1981. Rehearing denied April 30, 1981. Certiorari denied August 24, 1981. Appeal from the District Court of Arapahoe County, Honorable William B. Naugle, Judge. J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy Attorney General, Mary […]

24 P.2d 980 AMERICAN EQUITABLE ASSURANCE COMPANY v. HALL CADILLAC COMPANY. No. 12,853.Supreme Court of Colorado. Decided August 7, 1933. Action in replevin to recover possession of an automobile. Judgment for defendant. Affirmed. 1. SALES — Conditional — Comity. A conditional sale contract, even though valid outside of Colorado, cannot be here asserted against one […]

The People of the State of Colorado, Plaintiff-Appellant, v. Larry G. Retallack, Defendant-Appellee. No. 89CA1447Colorado Court of Appeals. Decided December 6, 1990. Appeal from the District Court of El Paso County Honorable Bernard R. Baker, Judge John Suthers, District Attorney, Robert M. Brown, Chief Deputy District Attorney, Jeanne M. Smith, Assistant District Attorney, for Plaintiff-Appellant. […]

(469 P.2d 131) Public Utilities Commission of the State of Colorado and Southern Union Gas Company v. City of Durango, a Municipal Corporation. No. 24067.Supreme Court of Colorado. Decided May 11, 1970. Rehearing denied June 1, 1970. From order of trial court prohibiting Public Utilities Commission from taking further action by way of regulation or […]

The People of the State of Colorado Plaintiff-Appellant, v. Frank Atkin, Defendant-Appellee. No. 83SA345Supreme Court of Colorado. Decided May 21, 1984. Appeal, District Court, Boulder County Honorable Murray Richtel, Judge Alexander M. Hunter, District Attorney, Richard F. Good, Deputy District Attorney, for plaintiff-appellant. No Appearance for defendant-appellee. EN BANC PER CURIAM [1] The People, pursuant […]

(268 P.2d 1031) SMITH v. WHITLOW ET AL. No. 17,138.Supreme Court of Colorado. Decided March 29, 1954. Rehearing denied April 19, 1954. An action for balance alleged to be due on a building contract. Judgment was entered against plaintiff Smith. Affirmed. 1. CONTRACTS — Reformation — Mutual Mistakes. In an action for balance alleged to […]

In re the Marriage of: Renate Manzo, Petitioner, and Lawrence D. Manzo, Respondent. No. 81SC25Supreme Court of Colorado. Decided February 28, 1983. Page 670 Certiorari to the Colorado Court of Appeals Jim Travis Tice, for petitioner. Brian Maguire, for respondent. En Banc. JUSTICE DUBOFSKY delivered the opinion of the Court. [1] We granted certiorari to […]

(272 P.2d 287) SILVOLA v. ROWLETT. No. 17,222.Supreme Court of Colorado. Decided June 21, 1954. Rehearing denied July 19, 1954. An action for compensation for accountancy services allegedly rendered to defendant by plaintiff. Judgment for defendant. Affirmed. 1. PARTNERSHIPS — Words and Phrases — Contributions. The word “contributions” as used in section 47, chapter 123, […]

(344 P.2d 449) HAZEL I. KEMPER v. ARTHUR J. KEMPER. No. 18,411.Supreme Court of Colorado. Decided September 28, 1959. Action for divorce. Judgment for plaintiff. Affirmed. 1. DIVORCE — Interlocutory Decree — Entry — Close of Trial — Statute. Under C.R.S. ’53, 46-1-9, providing that within forty-eight hours after the close of the trial of […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, George Cecil ROBERTS, Defendant-Appellant. No. 03CA1787.Colorado Court of Appeals. April 5, 2007. Certiorari Granted October 22, 2007. Appeal from the District Court, Arapahoe County, Gerald J. Rafferty, J. Page 130 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

In re: THE PEOPLE OF THE STATE OF COLORADO, Plaintiff v. RICHARD E. NEWMAN, Defendant. No. 03SA320.Supreme Court of Colorado. May 24, 2004. Original Proceeding Pursuant to C.A.R. 21, Jefferson County District Court, Case No. 97CR1915, Honorable Frank J. Plaut, Judge. RULE TO SHOW CAUSE DISCHARGED. No. 03SA320, In re the People of the State […]

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Michael Keith McCANN, Defendant-Appellee. No. 04CA0471.Colorado Court of Appeals. September 22, 2005. Appeal from the El Paso County, Richard V. Hall, J. Page 1086 John R. Newsome, Jr., District Attorney, Ann C. Joyce, Deputy District Attorney, Doyle Baker, Deputy District Attorney, Colorado Springs, Colorado, for Plaintiff-Appellant. […]

Colorado Motor Vehicle Dealer Board, Petitioner-Appellee, v. Steven Anthony Brinker, Respondent-Appellant. No. 00CA1936Colorado Court of Appeals. December 20, 2001 Colorado Motor Vehicle Dealer Board No. 521-92-2853. ORDER AFFIRMED IN PART, REVERSED IN PART Page 1270 Ken Salazar, Attorney General, Robert L. Pastore, Assistant Attorney General, Denver, Colorado, for Petitioner-Appellee. Messner Reeves, LLC, Russell E. Carparelli, […]

Petitioner/Cross-Respondent: City Of Boulder, a Colorado municipal corporation, v. Respondent/Cross-Petitioner: Leanin’ Tree, Inc., a Colorado corporation. No. 01SC797.Supreme Court of Colorado. En Banc. June 30, 2003. Certiorari to the Colorado Court of Appeals, Court of Appeals Case No. 99CA0990. JUDGMENT AFFIRMED. No. 01SC797, City of Boulder v. Leanin’ Tree, Inc.: Use Tax — TangiblePersonal Property […]

81 P.2d 770 LOGSDON v. QUIAT ET AL., RECEIVERS. No. 14,270.Supreme Court of Colorado. Decided July 11, 1938. Proceeding involving petition of plaintiff in error to sue receivers. Petition denied. Reversed. 1. CONTRACTS — Ambiguity — Evidence. Where a contract is ambiguous, evidence dehors the contract is admissible to explain the intent and understanding of […]

In re the MARRIAGE OF Robert L. GOODBINDER, Appellant, and Gayle S. Goodbinder, n/k/a Gayle S. Strauss, Appellee. No. 03CA2111.Colorado Court of Appeals. June 30, 2005. Page 585 Kaplan Law, L.L.C., Marc J. Kaplan, Rebecca K. Wagner, Denver, Colorado, for Appellant. Litvak Litvak Mehrtens Epstein, P.C., Janine C. Treu, Michael V. Switzer, Denver, Colorado, for […]

(475 P.2d 329) The People of the State of Colorado v. Bobby Gean Drumright. No. 24838.Supreme Court of Colorado. Decided October 13, 1970. Interlocutory appeal from decision of district court denying motion to suppress as evidence articles recovered as result of search and seizure conducted pursuant to search warrant. Reversed. 1. SEARCHES AND SEIZURES — […]

Ann Shaball, Claimant-Appellant, v. State Compensation Insurance Authority, Department of Labor and Employment and the State of Personnel Board, Respondents-Appellees. No. 88CA1242Colorado Court of Appeals. Decided February 22, 1990. Opinion Modified and as Modified Rehearing Denied July 5, 1990. Certiorari Denied October 22, 1990 (90SC475). Review of an Order of the State Personnel Board. Page […]

Mesa Manor and Colorado Compensation Insurance Authority, Petitioners, v. The Industrial Claim Appeals Office of the State of Colorado and Wendy A. Trimm, Respondents. No. 93CA0586Colorado Court of Appeals. Decided May 19, 1994. Rehearing Denied June 9, 1994. Petition for Writ of Certiorari DENIED September 19, 1994. Review of Order from the Industrial Claim Appeals […]

West American Insurance Company, Plaintiff-Appellee, v. F. W. Baumgartner d/b/a Baumgartner Oil Company, Defendant-Appellant. No. 89CA1751Colorado Court of Appeals. Decided December 20, 1990. Rehearing Denied January 24, 1991. Certiorari Granted June 17, 1991 (91SC122) and the judgment of the court of appeals is vacated. The case is remanded to the court of appeals for reconsideration […]

30 P.2d 863 THOMAS v. BEIRNE. No. 13,170.Supreme Court of Colorado. Decided March 12, 1934. Action in replevin. Judgment for defendant. Affirmed. 1. APPEAL AND ERROR — Assignments — Waiver. Where a plaintiff in error discusses only a few of his assigned errors, the others will be taken as waived. 2. CHATTEL MORTGAGES — Default […]

141 P.2d 893 PEOPLE EX REL. BURKE v. DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT ET AL. No. 15,348.Supreme Court of Colorado. Decided June 1, 1943. Rehearing denied October 4, 1943. Suit by the people on the relation of a district attorney to compel a district court to impose sentence on one convicted of a […]

556 P.2d 80 The People of the State of Colorado v. Donald F. Meyers No. 27319Supreme Court of Colorado. Decided November 15, 1976. Original proceeding in discipline. Attorney Disbarred 1. ATTORNEYS AT LAW — Gross Neglect — Flagrant Disregard of Professional Responsibilities — Disbarred. Attorney — who was found guilty of gross neglect and a […]

American Heritage Bank and Trust Co. v. James B. Isaac and Cash Cattle Company, and Mike Sadler No. 79CA0826Colorado Court of Appeals. Decided July 16, 1981. Rehearing denied August 27, 1981. Certiorari granted November 23, 1981. Appeal from the District Court of El Paso County, Honorable William M. Calvert, Judge. Otto K. Hilbert, for plaintiff-appellant […]

The People of the State of Colorado, Plaintiff-Appellee v. Terry Scearce, Defendant-Appellant. No. 01CA1660.Colorado Court of Appeals. December 4, 2003. Rehearing Denied January 15, 2004. Jefferson County District Court No. 99CR3113, Honorable Frank Plaut, Judge. Defendant, Terry Scearce, appeals the judgment of conviction, habitual offender sentence, and order of restitution, entered following a jury verdict […]

(573 P.2d 547) Harry J. Masterson, and Lorraine M. Masterson v. A. I. McCroskie No. C-1088Supreme Court of Colorado. Decided January 16, 1978. Action for damages for an alleged infringement of a common law copyright in architectural plans for a house. Judgment for defendant. The court of appeals, 38 Colo. App. 239, 556 P.2d 1231, […]

(569 P.2d 875) Security National Bank as executor of the Estate of George W. Brower, deceased, (by substitution); Mrs. Mary I. White; Mrs. Helen Bingham Salzer as trustee under the last will and testament of Addie Ludlow Bingham, deceased; Robert E. Stewardson and Rosemary Stewardson; and Dr. Earl A. Engle; individually, and as preferred shareholders […]

68 P.2d 1117 McMULLIN, RECEIVER v. BROWN ET AL. No. 13,994.Supreme Court of Colorado. Decided May 12, 1937. Rehearing denied June 1, 1937. At the close of the argument of counsel for plaintiff in error the court held the assignments without merit and affirmed the judgment. Mr. Chief Justice Burke, Mr. Justice Knous and Mr. […]

(438 P.2d 686) Phillip Demesio Gonzales v. The People of the State of Colorado. No. 22215.Supreme Court of Colorado. Decided March 25, 1968. Defendant was convicted of first degree murder and brought error. Affirmed. 1. HOMICIDE — First Degree — Television Camera — Use — Regulation — Rule of Court. In prosecution for first degree […]

201 P.2d 905 McKINLEY v. DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY No. 15,972.Supreme Court of Colorado. Decided January 10, 1949. An action against a carrier for damage to, and loss of, sheep in transit. Judgment for defendant. Affirmed. 1. CARRIERS — Goods in Transit — Damages — Pleadings. In an action against a carrier […]

The People of the State of Colorado, Plaintiff-Appellee, v. James Bolton, Defendant-Appellant. No. 92CA0162Colorado Court of Appeals. Decided July 1, 1993. Rehearing Denied August 26, 1993. Petition for Writ of Certiorari DENIED January 8, 1996. Appeal from the District Court of the City and County of Denver Honorable Federico Alvarez, Judge Page 312 [EDITORS’ NOTE: […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Travis Lavern MOORE, Defendant-Appellant. No. 07CA1315.Colorado Court of Appeals. May 27, 2010. Rehearing Denied July 15, 2010. Appeal from the District Court, Jefferson County, Dennis J. Hall and Peter A. Weir, JJ. Page 452 John W. Suthers, Attorney General, Katherine A. Aidala, Assistant Attorney General, Denver, […]

Andrea S. Kandt, Plaintiff-Appellant, v. E. B. Evans; National Icee, a corporation; and Terry Goldstein, individually, Defendants-Appellees. No. 81SA50Supreme Court of Colorado. Decided May 24, 1982. Appeal from the District Court of the City and County of Denver, Honorable Henry E. Santo, Judge. Page 1301 David J. Mintz, William A. Powers, for plaintiff-appellant. Zarlengo, Mott […]

(351 P.2d 819) FAYE HANDY, ET AL. v. EMMA ROGERS. No. 19,207.Supreme Court of Colorado. Decided May 9, 1960. Action on promissory note secured by deed of trust on real property. Judgment for plaintiff. Affirmed in Part, Reversed in Part. 1. VENDOR AND PURCHASER — Fraud — Representations — Findings. Whether defendant could have justifiably […]

Jimmy VASQUEZ, Petitioner v. The PEOPLE of the State of Colorado, Respondent. No. 07SC50.Supreme Court of Colorado. November 13, 2007. Appeal from the District Court, Adams County, Harlan R. Bockman and John J. Vigil, JJ. Page 1100 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

The People of the State of Colorado, Plaintiff-Appellee, v. Alexander Cardenas, Defendant-Appellant. No. 98CA1944Colorado Court of Appeals. November 9, 2000 Rehearing Denied January 4, 2001 Certiorari Denied July 2, 2001 Appeal from the District Court of the City and County of Denver, Honorable Richard T. Spriggs, Judge, No. 97CR4097. JUDGMENT AFFIRMED Page 1259 [EDITORS’ NOTE: […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, Darrell Lee COUSINS, Defendant-Appellant. No. 05CA1524.Colorado Court of Appeals. November 15, 2007. Certiorari Denied April 28, 2008. Appeal from the District Court, Arapahoe County, Marilyn Leonard Antrim, J. Page 366 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

The People of the State of Colorado v. Robert Chavez No. 79SA551Supreme Court of Colorado. Decided August 10, 1981. Appeal from the District Court of the County of Jefferson, Honorable Anthony F. Vollack, Judge. Page 575 Nolan L. Brown, District Attorney, Frederick B. Skillern, Deputy, for plaintiff-appellee. J. Gregory Walta, State Public Defender, Shelley Gilman, […]

The People of the State of Colorado, Plaintiff-Appellee, v. Gordon Kelly Stark Defendant-Appellant. No. 83SA302Supreme Court of Colorado. Decided November 26, 1984. Appeal from District Court, Logan County Honorable James R. Leh, Judge Page 335 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

The People of the State of Colorado, Complainant, v. Winchel Wayne Reed, Attorney-Respondent. No. 98SA7Supreme Court of Colorado. March 9, 1998 Original Proceeding in Discipline ATTORNEY SUSPENDED Linda Donnelly, Disciplinary Counsel, Kenneth B. Pennywell, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. Waldbaum, Corn, Koff, Berger Cohen, P.C., Nancy L. Cohen, Scot M. Peterson, Denver, […]

The People of the State of Colorado, Plaintiff-Appellee, v. Myron Lee Standish, Defendant-Appellant. No. 83CA0622Colorado Court of Appeals. Decided February 7, 1985. Rehearing Denied March 7, 1985. Certiorari Denied June 24, 1985. Appeal from the District Court of Jefferson County Honorable Joseph P. Lewis, Judge Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney […]

(472 P.2d 203) Sterling Community Federal Credit Union v. Wilcox Skelly Service of Sterling, Colorado No. 70-246 (Supreme Court No. 23625)Colorado Court of Appeals. Decided May 26, 1970. Defendant obtained default judgment in an action on account and garnisheed bank which had acted as clerk at a sale of debtor’s machinery. Plaintiff intervened claiming the […]

Jarvis D. Ryals, M.D., Petitioner, v. ST. Mary-Corwin Regional Medical Center, a Colorado not-for-profit corporation; Pueblo Radiological Group, P.C., a Colorado professional corporation; Michael E. Ball, M.D., individually and as President of Pueblo Radiological Group, P.C.; Lynn Phelps, M.D.; Mark Forte, M.D.; Marc Johnson, M.D.; Gary Lamonte, M.D.; Mark Mountford, M.D.; Stan W. Jonas, individually […]

The People of the State of Colorado, Plaintiff-Appellee, v. Crystal A. Lutz, Defendant-Appellant. No. 85CA1124Colorado Court of Appeals. Decided April 28, 1988. Rehearing Denied May 19, 1988. Certiorari Denied October 11, 1988 (88SC294). Appeal from the District Court of the City and County of Denver Honorable J. Stephen Phillips, Judge Duane Woodard, Attorney General, Charles […]

The People of the State of Colorado, Plaintiff-Appellee, v. Ricky C. Perryman, Defendant-Appellant. No. 90CA1760Colorado Court of Appeals. Decided February 25, 1993. Rehearing Denied April 1, 1993. Certiorari extension pending 05/19/93 (93SC292). Appeal from the District Court of El Paso County Honorable Jane Looney, Judge Page 264 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

(452 P.2d 379) Berae Company v. John M. Gorman, John J. Gorman, and George Kersten. No. 22331.Supreme Court of Colorado. Decided April 1, 1969. Action by landlord against tenants seeking to recover alleged unpaid rent. From an adverse judgment, the landlord brought error. Affirmed. 1. LANDLORD AND TENANT — Unpaid Rent — Issue — Abandonment […]

Orin D. Eychner and Julia I. Eychner, Plaintiffs-Appellees, v. Richard Van Vleet, Defendant-Appellant. No. 92CA1071Colorado Court of Appeals. Decided February 25, 1993. Certiorari extension pending 05/11/93 (93SC276). Opinion Modified, and as Modified Rehearing Denied April 1, 1993. Page 487 Appeal from the District Court of Larimer County Honorable William F. Dressel, Judge Page 488 Sommermeyer, […]

Ruth Ebke, Lillie M. Parker, Lucy Smith, Pat Snyder, Wilbur H. Mead, Brenda Nielsen, Gerald Lammers, Michelene Svanda, Jane Kaltenback, Phil Snyder, Jean Williamson, Marvin Trennepohl, Sam Kobayaski, Ed Kippes, Dennis Thuringer, Carlene Burrow, Glenna M. Kizer, and Bruce K. Yearous v. Julesburg School District No. RE-1, in the County of Sedgewick and State of […]

Betty Sanchez, Plaintiff-Appellant, v. Jerome Lauffenburger, D.D.S., Defendant-Appellee. No. 87CA1949Colorado Court of Appeals. Decided November 16, 1989. Appeal from the District Court of the City and County of Denver Honorable Paul A. Markson, Judge Kathleen M. Cronan, Harry A. King, Jr., for Plaintiff-Appellant. Higgins and Goodhue, Stephen R. Higgins, for Defendant-Appellee. Division III. Opinion by […]

The People of the State of Colorado, Plaintiff-Appellant, v. Bettie Fisher, Defendant-Appellee. No. 86SA495Supreme Court of Colorado. Decided July 5, 1988. Appeal from the District Court, Denver County Honorable Connie L. Peterson, Judge Page 34 Norman S. Early, Jr., District Attorney, David Dansky, Deputy District Attorney, for Plaintiff-Appellant. David F. Vela, Colorado State Public Defender, […]

The People of the State of Colorado, Petitioner, v. The District Court of El Paso County, Colorado, and Honorable Matt Railey, on of the Judges thereof, Respondent. No. 87SA493Supreme Court of Colorado. Decided September 12, 1988. Original Proceeding Page 207 Barney Iuppa, District Attorney, Robert M. Brown, Chief Deputy District Attorney, for Petitioner. Roland P. […]

(485 P.2d 889) William C. Jacob v. City of Colorado Springs, Colorado, a Municipal Corporation No. 23292Supreme Court of Colorado. Decided June 14, 1971 Writ of error seeking review of order granting motion to dismiss complaint — alleging negligent operation of a power line of defendant city — on ground that plaintiff failed to give […]

NEW DESIGN CONSTRUCTION COMPANY, INC., a Colorado corporation, Plaintiff-Appellee and Cross-Appellant, v. HAMON CONTRACTORS, INC., a Colorado corporation, and United States Fidelity and Guaranty Company, a foreign corporation, Defendants-Appellants and Cross-Appellees. No. 06CA2011.Colorado Court of Appeals. June 26, 2008. Appeal from the District Court, City and County of Denver, Morris B. Hoffman, J. Page 1173 […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. David Henry WOOD, Defendant-Appellant. No. 06CA2581.Colorado Court of Appeals. October 15, 2009. Appeal from the District Court, City and County of Denver, Herbert L. Stern, J. Page 1224 John W. Suthers, Attorney General, Katherine A. Aidala, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee. Sandra Saltrese-Miller Associates, […]