Category: Colorado Court Opinions

Curtis L. BROWN, in his capacity as Trustee for the Heritage Ministries, Plaintiff-Appellant and Cross-Appellee, v. Martille FAATZ, as Trustee of the Martille Shawcroft Trust, and Brett Shawcroft, as Trustee of the Oscar Shawcroft Trust B, Defendants-Appellees and Cross-Appellants. No. 06CA2121.Colorado Court of Appeals. October 2, 2008. Rehearing Denied November 6, 2008. Appeal from the […]

(616 P.2d 969) Don McKee, Sally Collins, John Leary, Jeannine Malmsbury and James A. Cederberg, individually and as the representatives of Qualified Electors of the City of Louisville, Colorado v. The City of Louisville, a Colorado municipal corporation, Howard Berry, Lawrence Caranci, Anthony Del Pizzo, Eugene Di Carlo, Robert Kelker and Norbert Meier, as Members […]

(597 P.2d 584) The People of the State of Colorado v. Max James Rael No. 28337Supreme Court of Colorado. Decided July 23, 1979. Appeal by the People from the district court’s dismissal of the charge of first-degree assault on a police officer. Ruling Disapproved 1. ASSAULT AND BATTERY — Police Officer — Court — Interpretation […]

The People of the State of Colorado, Plaintiff-Appellee, v. Matthew Wayne Wright, Defendant-Appellant. No. 99CA0287Colorado Court of Appeals. January 3, 2002 Rehearing Denied February 21, 2002 Certiorari Denied September 16, 2002 Boulder County District Court Nos. 95CR481 96CR45, Honorable Morris W. Sandstead, Jr., Judge ORDER AFFIRMED Page 731 Ken Salazar, Attorney General, Linda K. Baker, […]

(297 P.2d 267) HART-BARTLETT-STURTEVANT GRAIN COMPANY v. H. T. BURTON, ET AL. HIGH PLAINS GRAIN COMPANY v. H. T. BURTON, ET AL. No. 17,772.Supreme Court of Colorado. Decided May 14, 1956. Appeal by taxpayers from decision of Board of County Commissioners denying relief from claimed erroneous valuation of property. From a judgment of dismissal the […]

(503 P.2d 163) American Factors Associates, Limited, a corporation doing business as Silver Steel Company v. Triangle Heating and Sheet Metal Company, a corporation; International Business Machines Corporation, a corporation; William E. Ingram; Carl G. Pendleton, doing business as Pendleton Construction Company; Air Purification Company, a corporation; and Boulder Steel and Masonry Supply, Inc. No. […]

The People of the State of Colorado, ex rel. J.D. MacFarlane, Attorney General and his Successor in Office, Duane Woodard, Complainant-Appellee, v. Richard E. Pfeiffer, M.D., F.A.C.O.G., Respondent-Appellant. No. 84CA0366Colorado Court of Appeals. Decided February 20, 1986. Rehearing Denied April 10, 1986. Certiorari Denied People September 29, 1986 (86SC152). Appeal from the Colorado State Board […]

(568 P.2d 105) Kimtruss Corporation, a corporation v. Westland Manor Nursing Home North, Inc. et al., and Minshall-Bettger Construction Company No. 77-464Colorado Court of Appeals. Decided July 28, 1977. Trial court determined that agricultural real estate purchased at sale following foreclosure of mechanics’ liens could be redeemed for period of six months. Purchaser at that […]

Angela K. De Jiacomo, Petitioner, v. The Industrial Claim Appeals Office of the State of Colorado, Hyland Hills Recreation District, and Colorado Compensation Insurance Authority, Respondents. No. 90CA1083Colorado Court of Appeals. Decided March 14, 1991. Rehearing Denied April 11, 1991. Certiorari Denied October 7, 1991 (91SC246). Review of Order from the Industrial Claim Appeals Office […]

(445 P.2d 901) The Public Utilities Commission of the State of Colorado, Henry E. Zarlengo, Ralph C. Horton, and Howard S. Bjelland, the individual members of said Commission and Ruan Transport Corporation and Ward Transport, Inc. v. T.L. Tucker. No. 22572.Supreme Court of Colorado. Decided October 7, 1968. Rehearing denied November 4, 1968. From judgment […]

60 P.2d 927 ROBINSON v. AETNA CASUALTY AND SURETY COMPANY OF HARTFORD. No. 13,786.Supreme Court of Colorado. Decided July 27, 1936. Rehearing denied September 21, 1936. Suit on bond. Judgment for defendant. Affirmed. 1. MINES AND MINING — Ore Buyers — Bond — Liability of Surety. Surety on a bond given under the provisions of […]

(517 P.2d 392) The People of the State of Colorado v. Mark Wayne Hutton No. 25621Supreme Court of Colorado. Decided December 24, 1973. From denial of his motion for relief under Crim. P. 35(b) the defendant appealed. Affirmed 1. CRIMINAL PROCEDURE — Plea Agreement — Plea of Guilty — Aggravated Robbery — Knowledge of Elements […]

The People of the State of Colorado, Plaintiff-Appellee, v. Darrell W. Cruz, Defendant-Appellant. No. 93CA1198Colorado Court of Appeals. Decided May 4, 1995.[*] Petition for Rehearing DENIED May 25, 1995. Certiorari GRANTED October 10, 1995.[**] [*] Prior opinion announced March 2, 1995, WITHDRAWN. Petition for Rehearing GRANTED. [**] Petition for Writ of Certiorari GRANTED, and the […]

Dynalectron Corporation, and National Union Fire Insurance Company, Petitioners, v. Industrial Commission of the State of Colorado, Director, Department of Labor and Employment, Division of Labor, State of Colorado and Andrea Moore, Respondents. No. 82CA0641Colorado Court of Appeals. Decided December 23, 1982. Rehearing denied January 20, 1983. Certiorari Denied March 14, 1983. Review of Order […]

The PEOPLE of the State of Colorado, Plaintiff v. Timothy TRUJILLO, Defendant. No. 05SA318.Supreme Court of Colorado. October 2, 2006. Appeal from the District Court, City and County of Denver, No. 05CR2672, Michael A. Martinez, J. Page 540 David S. Kaplan, Colorado State Public Defender Kevin Pauly, Deputy Public Defender, Denver, Colorado, Attorneys for Petitioner […]

Gail Terry, individually and as the Personal Representative of the Estate of Bill Powers, Jr., a/k/a William B. Powers, Jr., Plaintiff-Appellant and Cross-Appellee, v. Fernando Salazar and Richard Pretto, Defendants-Appellees and Cross-Appellants. No. 93CA0982Colorado Court of Appeals. Decided August 11, 1994 Petition for Rehearing DENIED October 27, 1994. Certiorari Granted April 3, 1995. Appeal from […]

(551 P.2d 206) The People of the State of Colorado v. Hayward Curtis Lawson No. 75-067Colorado Court of Appeals. Decided March 25, 1976. Rehearing denied April 15, 1976. Certiorari denied June 21, 1976. Defendant appealed from jury conviction of first degree murder. Affirmed 1. CRIMINAL LAW — Witnesses — Expert Testimony — Within Juror Experience […]

(349 P.2d 137) MARTHA WITHERSPOON, ET AL. v. MAUDENA M. PUSCH. No. 18,333.Supreme Court of Colorado. Decided February 8, 1960. Action for breach of contract to purchase real property. Judgment for defendant. Affirmed. 1. CONTRACTS — Conditional Acceptance — Parol Evidence — Admissibility. In an action by seller and real estate broker for breach of […]

184 P.2d 297 HEISELT v. BROWN ET AL. No. 15,383.Supreme Court of Colorado. Decided July 28, 1947. An action on contract and for damages. Judgment for defendants. Affirmed. 1. JUDGMENTS — Dismissals — Res Judicata. A judgment of dismissal is as conclusive as a judgment entered on a verdict finding the facts, and is res […]

Pamela J. DEWHURST, Petitioner, v. INDUSTRIAL CLAIM APPEALS OFFICE OF the STATE OF COLORADO and Wal-Mart Associates, Inc., Respondents. No. 06CA0118.Colorado Court of Appeals. September 7, 2006. Page 379 Pamela J. Dewhurst, Pro Se. John W. Suthers, Attorney General, Mark N. McMullen, Assistant Attorney General, Denver, Colorado, for Respondent Industrial Claim Appeals Office of the […]

The People of the State of Colorado, Plaintiff-Appellee, v. Willis Corpening, Defendant-Appellant. No. 90CA0656Colorado Court of Appeals. Decided April 9, 1992. Rehearing Denied June 11, 1992. Certiorari Denied October 13, 1992 (92SC448). Appeal from the District Court of Adams County Honorable Thomas Ensor, Judge Page 250 Gale A. Norton, Attorney General, Raymond T. Slaughter, Chief […]

The People of the State of Colorado, Plaintiff-Appellee, v. Edmundo Hernandez, Defendant-Appellant. No. 93CA0464Colorado Court of Appeals. Decided January 12, 1995. Petition for Rehearing DENIED February 16, 1995. Petition for Writ of Certiorari DENIED July 31, 1995. Appeal from the District Court of El Paso County Honorable Douglas E. Anderson, Judge No. 92CR1122. JUDGMENT AFFIRMED. […]

(395 P.2d 16) JOHN DORAN RUSSELL v. THE PEOPLE OF THE STATE OF COLORADO. No. 20402.Supreme Court of Colorado. Decided August 31, 1964. Defendant was convicted of assault with deadly weapon and simple robbery and brings error. Affirmed. 1. CRIMINAL LAW — Plea — Insanity — Withdrawal — Testimony — Mental Condition — Jury — […]

(485 P.2d 123) Public Service Company of Colorado, a Colorado corporation v. The Public Utilities Commission of the State of Colorado, Henry E. Zarlengo, Ralph C. Horton and Howard S. Bjelland, the individual members of said Commission and Grand Valley Rural Power Lines, Inc., a cooperative corporation. Grand Valley Rural Power Lines, Inc., a Colorado […]

QUIZNO’S FRANCHISING II, LLC, Plaintiff-Appellant, v. ZIG ZAG RESTAURANT GROUP, LLC, a Pennsylvania limited liability company, Ellen Blickman, and Richard Piotrowski, Defendants-Appellees. Nos. 09CA0315, 09CA1477.Colorado Court of Appeals. June 10, 2010. Appeal from the District Court, City and County of Denver, Morris B. Hoffman, J. Moye White LLP, William F. Jones, Denver, Colorado, for Plaintiff-Appellant. […]

(476 P.2d 299) The Denver and Rio Grande Western Railroad Company v. Glenn Wood and Julia Wood No. 70-312 (Supreme Court No. 23195)Colorado Court of Appeals. Decided September 22, 1970. Rehearing denied October 14, 1970. Action resulting from night-time accident in which plaintiff’s automobile collided with flat-bed railroad car as train of such cars crossed […]

(482 P.2d 380) Massachusetts Mutual Life Insurance Company v. Frances DeSalvo. No. 22930.Supreme Court of Colorado. Decided March 22, 1971. Action by plaintiff, as beneficiary of deceased husband-employee, against insurance carrier to recover on a non-contributory group life policy provided by employer for its non-bargaining employees. Trial court found that policy covered plaintiff’s husband at […]

Lana Lea Davison, Petitioner v. The Industrial Claim Appeals Office of the State of Colorado, The City of Loveland Police Department, and Cirsa, Respondents. Cheryl Mobley, Petitioner v. The Industrial Claim Appeals Office of the State of Colorado and King Soopers, Respondents. Nos. 03SC83, 03SC179.Supreme Court of Colorado. February 9, 2004. As Modified on Denial […]

(273 P.2d 730) WHEELOCK BROTHERS, INC. v. LINDNER PACKING AND PROVISION COMPANY. No. 17,371.Supreme Court of Colorado. Decided August 16, 1954. Rehearing denied September 7, 1954. An action for damages growing out of a loss sustained in connection with the shipment of perishable goods. Judgment for plaintiff. Reversed. 1. TRIAL — Evidence — Hearsay. In […]

Chester Jones and Audrey Jones, Plaintiffs-Appellants, v. AIU Insurance Company, a foreign insurance company licensed in Colorado, Defendant-Appellee. No. 00CA2364Colorado Court of Appeals. December 6, 2001 Rehearing Denied February 21, 2002 Certiorari Denied July 22, 2002 Mesa County District Court No. 00CV0183. Honorable Charles A. Buss, Judge JUDGMENT AFFIRMED Page 1045 William P. Godsman, Denver, […]

(365 P.2d 681) FRANKLIN W. BAUMGARTNER v. JOHN C. BURT, ET AL. No. 19,640.Supreme Court of Colorado. Decided September 25, 1961. Rehearing denied November 6, 1961. Action by agents to recover insurance premiums. Judgment for plaintiffs. Reversed. 1. PRINCIPAL AND AGENT — Relationship — Contract. The relationship between an agent and his principal is a […]

(526 P.2d 151) William Louis Jobe and Sondra Kay Jobe v. The Writer Corporation, a Colorado corporation No. 73-384Colorado Court of Appeals. Decided July 16, 1974. Rehearing denied July 30, 1974. Certiorari denied September 23, 1974. From a judgment awarding plaintiffs liquidated damages because of defendant’s failure to complete its performance of a written contract […]

43 P.2d 158 FRANK v. INDUSTRIAL COMMISSION ET AL. No. 13,573.Supreme Court of Colorado. Decided March 18, 1935. Proceeding under the Workmen’s Compensation Act. Judgment denying compensation. Reversed. On Rehearing. 1. WORKMEN’S COMPENSATION — Evidence — Findings. Where the only witness in a workmen’s compensation case is the injured employee who supports his case by […]

(623 P.2d 411) The People of the State of Colorado v. Monika Blehm No. 78-733Colorado Court of Appeals. Decided July 17, 1980. Rehearing denied August 14, 1980. Certiorari denied January 5, 1981. Defendant appealed her conviction of conspiracy to commit escape. Affirmed 1. CRIMINAL LAW — Defendant’s Conversations — With Husband — In County Jail […]

Merchants Mortgage Trust Corp., Plaintiff-Appellee, v. Ivan R. and Molly H. Jenkins, Defendants-Appellants. No. 82SA358Supreme Court of Colorado. Decided March 7, 1983. Page 691 Appeal from the District Court of the City and County of Denver, Honorable Harold D. Reed, Judge. Davis, Morehead Ceriani, Luther K. Branting, Gary J. Ceriani, for plaintiff-appellee. Inman Flynn, P.C., […]

32 P.2d 1119 SMITH v. SCHREIBER ET AL. No. 13,510.Supreme Court of Colorado. Decided April 23, 1934. Rehearing denied May 28, 1934. Judgment affirmed en banc on application for supersedeas without written opinion. Error to the District Court of Douglas County, Hon. John C. Young, Judge. Mr. GRANBY HILLYER, for plaintiff in error. Mr. WILLIAM […]

Margaret P. Oliver, Plaintiff-Appellant, v. Homestake Enterprises, Inc., a Colorado corporation, Defendant-Appellee. No. 89CA0127Colorado Court of Appeals. Decided April 12, 1990. Rehearing Denied May 10, 1990. Certiorari Granted December 10, 1990 (90SC355). Certiorari Granted on the following issues: Whether the court of appeals erred in reversing the trial court’s holding that the two-year statute of […]

Board of Education Arapahoe County School District No. 6, State of Colorado Petitioner v. Roger Lockhart Respondent No. 83SC130Supreme Court of Colorado. Decided September 10, 1984. Rehearings Denied October 9, 1984. Certiorari, Colorado Court of Appeals Banta, Hoyte, Banta, Greene, Hannen Everall, Stephen G. Everall for Petitioner Hobbs/Bethke Associates, Larry F. Hobbs, P.C., William P. […]

(481 P.2d 424) Lincoln P. Tague v. Coors Porcelain Company and The Industrial Commission of the State of Colorado (Ex-Officio Unemployment Compensation Commission of Colorado) No. 70-586Colorado Court of Appeals. Decided February 16, 1971. Industrial Commission referee awarded unemployment compensation to draftsman after finding that his unsatisfactory work which led to his discharge was the […]

Margaret Fuerst Gaskie, personal representative of John Joseph Gaskie, deceased v. Eleanor Hugins No. 79CA1022Colorado Court of Appeals. Decided August 20, 1981. Opinion modified as as modified petition for rehearing denied September 17, 1981. Certiorari denied February 1, 1982. Appeal from the District Court of the City and County of Denver, Honorable Alvin D. Lichtenstein, […]

The People of the State of Colorado, Complainant, v. Alvin Dillings, Attorney-Respondent. No. 94SA265Supreme Court of Colorado. Decided September 19, 1994 Original Proceeding in Discipline PUBLIC CENSURE Linda Donnelly, Disciplinary Counsel, James C. Coyle, Assistant Disciplinary Counsel, Denver, Colorado, Attorney for Complainant Gary M. Jackson, Denver, Colorado, Attorney for Respondent EN BANC PER CURIAM [1] […]

(603 P.2d 940) John Baca v. The District Court in and for the County of Jefferson, First Judicial District, and The Honorable Joseph P. Lewis, One of the Judges Thereof No. 79SA369Supreme Court of Colorado. Decided November 5, 1979. Rehearing denied December 3, 1979. Original proceeding involving three consolidated criminal cases wherein defense counsel sought […]

Ajay Sports, Inc., a Delaware corporation, Plaintiff-Appellee, v. Michael S. Casazza, Defendant-Appellant. No. 98CA1010Colorado Court of Appeals. March 16, 2000 Appeal from the District Court of the City and County of Denver, Honorable J. Stephen Phillips, Judge, No. 96CV5847 JUDGMENT AFFIRMED Page 268 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

(450 P.2d 653) George H. Brooks, R. C. Husman, Mary L. Wilkinson, Richard A. Perchlik, and Carlos Leal, Jr., Aka Charlie Leal, Jr. v. Dorothy M. Zabka, George W. Hall, Thomas A. Rapp, Jr., James P. Rucker, Jr., L. Wayne Wells, Charles A. Gregory, and Harold L. Hyde, individually and as Members of the City […]

(402 P.2d 79) TONY ARMIJO v. THE PEOPLE OF THE STATE OF COLORADO. No. 20999.Supreme Court of Colorado. Decided May 17, 1965. Defendant was convicted of assault with a deadly weapon and brings error. Reversed and Remanded. 1. CRIMINAL LAW — General Intent — Specific Intent — Distinction. In criminal law the distinction between a […]

(350 P.2d 189) SAFECO INSURANCE COMPANY OF AMERICA v. FRANKLIN RALPH GONACHA, ET AL. No. 18,552.Supreme Court of Colorado. Decided March 14, 1960. Rehearing denied March 28, 1960. Action by judgment creditor of insured against insurance company under automobile liability policy. Judgment for plaintiffs. Reversed 1. AUTOMOBILES — Insurance — Application — Representations — Policy […]

The People of the State of Colorado, Plaintiff-Appellee, v. David C. Gould, Defendant-Appellant. No. 91CA2012Colorado Court of Appeals. Decided October 22, 1992. Rehearing Denied December 31, 1992. Appeal from the District Court of Lake County Honorable Richard H. Hart, Judge Page 1274 Gale A. Norton, Attorney General, Raymond T. Slaughter, Chief Deputy Attorney General, Timothy […]

Luis SILVA, Plaintiff-Appellee, v. Maria WILCOX, Defendant-Appellant. No. 08CA2717.Colorado Court of Appeals. November 25, 2009. Appeal from the District Court, City and County of Denver, Michael A. Martinez, J. Page 128 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 129 [EDITORS’ NOTE: […]

(464 P.2d 872) John Francis Stout v. The People of the State of Colorado. No. 23492.Supreme Court of Colorado. Decided February 9, 1970. Defendant was convicted of first degree rape involving two victims and was sentenced on each conviction. Judgment Affirmed. 1. CRIMINAL PROCEDURE — Venue — Burden — People — Proof — Testimony — […]

Sylvester Immanuel Hopkins, Appellant, v. The People of the State of Colorado, Appellee. No. 87CA1757Colorado Court of Appeals. Decided August 18, 1988. Rehearing Denied September 15, 1988. Certiorari Denied April 17, 1989 (88SC509). Appeal from Probate Court for the City and County of Denver Honorable Joseph P. Lewis, Judge. LeRoy L. Miller, for Appellant. Stephen […]

76 P.2d 743 GARDEN FARM DAIRY ET AL. v. DORCHAK ET AL. No. 14,124.Supreme Court of Colorado. Decided February 7, 1938. Rehearing denied March 7, 1938. Proceeding under the Workmen’s Compensation Act. Judgment for claimant. On Rehearing. Reversed. 1. WORKMEN’S COMPENSATION — Limitation of Actions — Waiver. In a workmen’s compensation case contention of claimant, […]

(307 P.2d 466) JAMES ROBERT WILLIAMS, ET AL. v. PEOPLE OF THE STATE OF COLORADO. No. 18,126.Supreme Court of Colorado. Decided February 18, 1957. Rehearing denied March 11, 1957. Defendants pled guilty to a charge of aggravated robbery. From the judgment and sentence entered thereon they bring error. Affirmed. 1. CRIMINAL LAW — Plea — […]

In Re: The People of the State of Colorado, Plaintiff-Respondent, v. Thomas Mason, Defendant-Petitioner. No. 98SA453Supreme Court of Colorado. November 1, 1999 As Modified on Denial of Rehearing December 13, 1999.[1] [1] Chief Justice MULLARKEY, Justice KOURLIS, and Justice RICE would grant the petition. Original Proceeding Pursuant to C.A.R. 21 District Court, City and County […]

The People of the State of Colorado v. Nelson Joe Martinez No. 80SA56Supreme Court of Colorado. Decided August 17, 1981. Opinion modified and as modified rehearing denied September 21, 1981. Appeal from the District Court of Mesa County, Honorable James J. Carter, Judge. J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy, Mary J. Mullarkey, […]

In the Matter of the Petition of W.D.A. For the Adoption of an Adult, A.G.P. v. The City and County of Denver, Anthony H. Jansen, Zoning Administrator for the City and County of Denver; and The Board of Adjustment-Zoning for the City and County of Denver No. 80SA191Supreme Court of Colorado. Decided August 10, 1981. […]

Estate of Rick Harry, by and through its Personal Representative, Catherine Harry, Plaintiff-Appellee, v. Hawkeye-Security Insurance Company, Defendant-Appellant. No. 97CA0507Colorado Court of Appeals. April 16, 1998 Petition for Rehearing DENIED May 14, 1998. Petition for Writ of Certiorari DENIED. EN BANC February 25, 1999 Page 280 Appeal from the District Court of the City and […]

(568 P.2d 467) Wesley E. Graf v. Marc E. Tracy No. C-970Supreme Court of Colorado. Decided September 6, 1977. Negligence action by plaintiff preceding driver against defendant following driver seeking recovery for personal injuries sustained in rear-end automobile collision. The district court found defendant 30% negligent and the plaintiff 70% negligent and plaintiff appealed. The […]

James B. DiChellis v. Peterson Chiropractic Clinic and Joseph Dick Peterson. No. 80CA0936Colorado Court of Appeals. Decided May 21, 1981. Appeal from the District Court of Pueblo County, Honorable Thomas Phelps, Judge. Page 104 James M. Croshal, for Plaintiff-Appellant Petersen Fonda, P. C., Garrett Fonda, David W. Crockenberg, for Defendants-Appellees. Division II. Opinion by JUDGE […]

156 P.2d 132 RESLER TRUCK LINE v. INDUSTRIAL COMMISSION ET AL. No. 15,452.Supreme Court of Colorado. Decided February 5, 1945. Rehearing denied February 26, 1945. A proceeding under the Workmen’s Compensation Act. Judgment for claimant. Reversed. 1. WORKMEN’S COMPENSATION — Findings — Possibilities or Probabilities. Awards for compensation in proceedings under the Workmen’s Compensation Act […]

(578 P.2d 1053) The People of the State of Colorado v. John James Montano No. 27900 No. 27947Supreme Court of Colorado. Decided May 22, 1978. Defendant was charged with second-degree sexual assault and second-degree burglary and the People appeal after trial judge granted a judgment of acquittal and dismissed the prosecution’s prima facie case. Ruling […]

Roberta L. Rogers, Petitioner, v. The Industrial Claim Appeals Office of the State of Colorado and Safeway Stores, Inc., a Self-Insured Employer, Respondents. No. 87CA0534Colorado Court of Appeals. Decided October 29, 1987. Review of Order from the Industrial Claim Appeals Office of the State of Colorado Page 566 Eldridge, Lindstrom, Wilcox and Ogden, Ralph Ogden, […]

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Randy James CARR, Defendant-Appellee. No. 07CA1799.Colorado Court of Appeals. October 30, 2008. As Modified on Denial of Rehearing February 19, 2009. Appeal from the District Court, Moffat County, Michael A. O’Hara, J. Page 472 Bonnie Roesink, District Attorney, Brett Barkey, Chief Deputy District Attorney, Matthew D. […]

The People of the State of Colorado, Plaintiff-Appellant, v. Valerio Ernest Miranda, Defendant-Appellee. No. 86SA396Supreme Court of Colorado. Decided April 25, 1988. Appeal from District Court, Larimer County Honorable Arnaud A. Newton, Judge Stuart A. VanMeveren, District Attorney, Loren B. Schall, Assistant District Attorney, for Plaintiff-Appellant. Gerash, Robinson, Miller Miranda, P. C., Scott H. Robinson, […]

(356 P.2d 237) LAS ANIMAS COUNTY HIGH SCHOOL DISTRICT v. HARRY RAYE, COUNTY SUPERINTENDENT OF SCHOOLS, ET AL. No. 18,942.Supreme Court of Colorado. Decided October 31, 1960. Action by school district claiming uncollected revenues from tax levied prior to reorganization and division of original district. Judgment for defendants. Affirmed. 1. SCHOOLS AND SCHOOL DISTRICTS — […]

(395 P.2d 998) ALBERTINE O. AGUILAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, v. JOHN HENRY HOLCOMB. No. 21058.Supreme Court of Colorado. Decided October 13, 1964. Rehearing denied November 9, 1964. Action under Reciprocal Support Act by alleged mother seeking support and by out of state county seeking reimbursement. From a judgment dismissing the complaint […]

(268 P.2d 407) TETER v. THE PEOPLE. No. 17,326.Supreme Court of Colorado. Decided March 15, 1954. A proceeding involving the issuance of a writ of habeas corpus. The trial court ordered the writ discharged. Reversed. 1. RESTRAINT OF LIBERTY — Habeas Corpus. In a proceeding in which petitioner alleged that, “he was unlawfully restrained of […]

Edward E. Swim, Jr., Plaintiff-Appellant, v. Alan Charnes, as Director of the Department of Revenue, Motor Vehicle Division, State of Colorado, Defendant-Appellee. No. 85CA0195Colorado Court of Appeals. Decided February 27, 1986. Rehearing Denied March 27, 1986. Appeal from the District Court of Mesa County Honorable William M. Ela, Judge Harshman, Deister, Larson McBee, Thomas M. […]

In the Matter of the Water Rights of John M. May, Frances M. May, and Rock Creek Canyon Corporation in Rock Creek and Rock Creek Alluvium in El Paso County. John M. May, Frances May, and Rock Creek Canyon Corporation, Appellants/Cross-Appellees, v. United States of America, Rock Creek Park Association, and Division Engineer, Appellees, and […]

175 P.2d 807 PORTER, ADMINISTRATOR v. BLACK, JUDGE. No. 15,818.Supreme Court of Colorado. Decided December 9, 1946. Rehearing denied December 30, 1946. A proceeding to compel a judge of the district court to permit petitioner to intervene in a pending legal proceeding. Alternative writ granted. Alternative Writ Made Permanent. 1. INTERVENTION — Federal Statutes. Section […]

The People of the State of Colorado, Plaintiff-Appellee, v. Andrew Espinoza, Defendant-Appellant. No. 82CA0468Colorado Court of Appeals. Decided July 14, 1983. Rehearing Denied September 1, 1983. Certiorari Granted January 23, 1984. Appeal from the District Court of Conejos County, Honorable O. John Kuenhold, Judge. Page 143 J. D. MacFarlane, Attorney General, Charles B. Howe, Deputy […]

The People of the State of Colorado, Plaintiff-Appellee, v. Damon E. Slayton, Defendant-Appellant. No. 93CA1145Colorado Court of Appeals. Decided June 2, 1994 Appeal from the District Court of Arapahoe County Honorable DeAnna E. Hickman, Judge No. 92CR1715 ORDER AFFIRMED Gale A. Norton, Attorney General, Stephen K. Erkenbrack, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor […]

445 P.2d 214 Samuel Nemirow, Ted Jackson and B. Kahl, as Incorporators of the Proposed Colorado Industrial Bank of Colorado Springs v. Harry Bloom, as State Bank Commissioner of the State of Colorado and Successor in Such Office to Frank E. Goldy. No. 22537.Supreme Court of Colorado. Decided September 23, 1968. From an affirmance of […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Paul Michael HARLAND, Defendant-Appellant. No. 06CA0782.Colorado Court of Appeals. July 8, 2010. Appeal from the District Court, Arapahoe County, J. Mark Hannen, J. Page 516 John W. Suthers, Attorney General, Katherine A. Aidala, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee. Douglas K. Wilson, Colorado State Public […]

(349 P.2d 368) TOWN OF CHERRY HILLS VILLAGE v. MORRISON SHAFROTH, ET AL. No. 18,454.Supreme Court of Colorado. Decided February 16, 1960. Statutory proceeding to disconnect agricultural land from town. Judgment for petitioners. Affirmed. 1. ANNEXATION — Towns — Farm Land — Disconnection — Statute. C.R.S. ’53, 139-13-2 (4), providing for the disconnection of tracts […]

190 P.2d 584 THE PEOPLE v. BYRNES. No. 15,808.Supreme Court of Colorado. Decided February 16, 1948. In a criminal proceeding in which defendant was charged with misrepresentations to effect sales of certain merchandise and service, the trial court directed the jury to return a verdict of not guilty. Ruling Disapproved. 1. CRIMINAL LAW — False […]

(363 P.2d 1050) ARTHUR V. BRACKETT, ET AL. v. JOHN M. CLEVELAND, ET AL. No. 19,238.Supreme Court of Colorado. Decided July 24, 1961. Rehearing denied August 21, 1961. Proceeding top establish dispute boundary. From the judgment entered the defendant bring error. Affirmed. 1. BOUNDARIES — Dispute — Survey — Corners — Establishment — Method. In […]

Timothy LAQUEY, Petitioner, v. The PEOPLE of the State of Colorado, Respondent. No. 06PDJ035.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. Court of Colorado. February 29, 2008. Page 1032 Attorney Regulation. Following a Readmission Hearing, a Hearing Board granted a Petition for Readmission filed by Timothy LaQuey and readmitted him to […]

State Farm Mutual Automobile Insurance Company, Plaintiff-Appellee, v. Jicky Hernandez Mendiola, Executrix of the Estate of Gary Hernandez; April Hernandez; and Kelly Hernandez, Defendants-Appellants. No. 92CA2104Colorado Court of Appeals. Decided November 4, 1993 Page 910 Appeal from the District Court of Arapahoe County Honorable Kenneth Stuart, Judge No. 91CV3973 JUDGMENT AFFIRMED Anderson, Campbell Laugesen, P.C., […]

Howard Rosenthal and Rudy L. and Judy J. Bettmann, on behalf of themselves and all others similarly situated, Petitioners/Cross-Respondents, v. Dean Witter Reynolds, Inc.; Frank B. Waller; Jack A. Vickers, III; William B. Graham; and Kutak Rock Campbell, Respondents/Cross-Petitioners, and Castle Pines Land Company, Helen McMaster Coulson, and Larry Reichert, Respondents. No. 94SC403Supreme Court of […]

(473 P.2d 715) John C. McLean v. The People of the State of Colorado. No. 23399.Supreme Court of Colorado. Decided August 10, 1970. Defendant was convicted of simple robbery and brought error. Affirmed. 1. COURTS — United States Supreme Court — United States v. Wade — Right to Counsel — Lineup Identification — Suspect — […]

Lawrence Rotenberg, Plaintiff-Appellant, v. Robert M. Richards, Defendant-Appellee. No. 94CA1358Colorado Court of Appeals. June 15, 1995 Appeal from the District Court of the City and County of Denver Honorable John N. McMullen, Judge No. 94CV1586 JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CAUSE REMANDED WITH DIRECTIONS Page 366 Lawrence Rotenberg, Pro Se. Randall M. […]

The People of the State of Colorado, Complainant, v. Joseph P. Genchi, Attorney-Respondent. No. 91SA336 No. 91SA351Supreme Court of Colorado. Decided February 3, 1992. Original Proceeding in Discipline. Page 816 Linda Donnelly, Disciplinary Counsel, John S. Gleason, Assistant Disciplinary Counsel, for Complainant. Joseph P. Genchi, Pro Se. EN BANC PER CURIAM [1] These two attorney […]

(427 P.2d 331) Wayne Hugh Burnette v. Hugh J. McClearn, Manager of Safety and Excise and Ex-Officio Sheriff of the City and County of Denver, and Harold Dill, Chief of Police of the City and County of Denver. No. 22108.Supreme Court of Colorado. Decided May 8, 1967. Habeas corpus proceeding in which petitioner sought to […]

CONCERNING THE APPLICATION FOR WATER RIGHTS OF: Hines Highlands Limited Partnership and Aspen Highlands Mountain Limited Liability Company, in Pitkin County: ASPEN WILDERNESS WORKSHOP, INC.; CONSTANCE HARVEY; and JOY and SAMUEL CAUDILL, Objectors-Appellants, v. HINES HIGHLANDS LIMITED PARTNERSHIP and ASPEN HIGHLANDS MOUNTAIN LIMITED LIABILITY COMPANY, Applicants-Appellees, and THE CITY OF ASPEN; BOARD OF COUNTY COMMISSIONERS […]

MFA Mutual Insurance Company, Petitioner, v. Government Employees Insurance Company, Respondent. No. 89SC75Supreme Court of Colorado. Decided January 16, 1990. Certiorari to the Colorado Court of Appeals Douglas K. Goss, Goss Waltz, for Petitioner. James M. Dieterich, White and Steele, P.C., for Respondent. EN BANC PER CURIAM. [1] We granted certiorari to review an unpublished […]

(549 P.2d 1335) Lawrence Waldo Weigel v. Willard B. Hardesty and Mildred Weigel Robertson No. 75-548Colorado Court of Appeals. Decided April 29, 1976. In action against plaintiff’s former wife and her attorney alleging that wife violated property settlement agreement by not paying off mortgage on family home as she had promised and alleging that her […]

(496 P.2d 1016) Farmers Acceptance Corporation v. Howard K. DeLozier, d/b/a Howard K. DeLozier Construction Co. No. 23672Supreme Court of Colorado. Decided May 15, 1972. Action by materialman against general contractor to recover cost of materials which were supplied to subcontractor, and third-party complaint filed by general contractor against finance corporation, as assignee of subcontractor, […]

(612 P.2d 1130) Michael Joseph Clark v. Brad Leach, Sheriff of Boulder County and State of Colorado No. 79SA572Supreme Court of Colorado. Decided June 23, 1980. Petitioner-appellant appeals from trial court order discharging writ of habeas corpus in an extradition proceeding. Affirmed 1. EXTRADITION AND DETAINERS — Warrant — Valid — Authentication — Made — […]

Concerning the Application for Underground Water Rights, for Change in Water Rights and for Approval of a Plan for Augmentation Including Exchange Involving Tributary Water from Cherry Creek, a Tributary of the South Platte River, and Nontributary Water from the Dawson, Denver, Arapahoe and Laramie-Fox Hills Nontributary Aquifers of James L. Orr; Cogito N.V., a […]

(534 P.2d 624) Michael L. Briones v. The Juvenile Court for the City and County of Denver, and the Honorable John L. Lawritson, one of the Judges thereof No. 26745Supreme Court of Colorado. Decided April 7, 1975. Rehearing denied May 5, 1975 Original proceeding wherein petitioner seeks a writ of prohibition restraining juvenile court from […]

The People of the State of Colorado, Petitioner-Appellee, In the Interest of T.G., a Child, and Concerning T.C., Respondent-Appellant. No. 91CA1346Colorado Court of Appeals. Decided August 27, 1992. Rehearing September 24, 1992. Certiorari Denied March 22, 1993 (92SC690). Appeal from the District Court of El Paso County Honorable D. Richard Toth, Judge Page 844 John […]

The People of the State of Colorado, Plaintiff-Appellee, v. Raymond Lloyd Ball, Defendant-Appellant. No. 88CA1711Colorado Court of Appeals. Decided September 26, 1991. Rehearing Denied November 7, 1991. Page 906 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 907 Appeal from the District […]

503 P.2d 1040 James Ball v. The Industrial Commission of Colorado; The Director of the Division of Labor; Berkeley Moving Storage; and State Compensation Insurance Fund No. 71-429Colorado Court of Appeals. Decided May 2, 1972. Rehearing denied June 20, 1972. Certiorari denied November 13, 1972. Recipient of workmen’s compensation benefits for 1956 industrial accident was […]