Category: Colorado Court Opinions

People v. Posselius No. 01PDJ062Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. March 20, 2002. [1] Attorney Regulation. The Presiding Disciplinary Judge and Hearing Board suspended Respondent, Edward J. Posselius from the practice of law for a period of six months with the requirement of reinstatement proceedings. Respondent neglected one legal […]

(348 P.2d 259) WARREN BRYCE ALLINGHAM v. VICTORIA ALLINGHAM. No. 18,446.Supreme Court of Colorado. Decided December 28, 1959. Action on foreign judgment for accrued alimony. Judgment for plaintiff. Affirmed. 1. CONFLICT OF LAWS — Divorce — Foreign Judgment — Accrued Alimony — Agreement. Under the laws of California a property settlement agreement containing provisions for […]

BURLINGTON DITCH RESERVOIR AND LAND COMPANY; Farmers Reservoir and Irrigation Company; United Water and Sanitation District; Henrylyn Irrigation District; and East Cherry Creek Valley Water and Sanitation District, Applicant-Appellants and City of Thornton; City of Brighton; and City and County of Denver, acting by and through its Board of Water Commissioners, Opposers-Appellants City of Englewood, […]

Charles Smith and Michael Smith, Defendants-Appellants, v. Ronald Zufelt and Katherine Zufelt, as parents and next friends of Kory Zufelt, and Kory Zufelt, Plaintiffs-Appellees, No. 91CA1061Colorado Court of Appeals. Decided September 24, 1992. Opinion Modified, and as Modified Rehearing Denied November 27, 1992. Certiorari Granted July 26, 1993 (92SC845). Certiorari Granted on the following issues: […]

The People of the State of Colorado, Plaintiff-Appellee, v. James T. Chesnick, Defendant-Appellant. No. 82CA0595Colorado Court of Appeals. Decided July 3, 1985. Rehearing Denied August 29, 1985. Appeal from the District Court of Arapahoe County Honorable Kenneth K. Stuart, Judge Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, Solicitor […]

201 P.2d 616 STATE CIVIL SERVICE COMMISSION ET AL. v. HAZLETT. No. 16,145.Supreme Court of Colorado. Decided December 20, 1948. Rehearing denied January 10, 1949. A proceeding involving the discharge of a state employee under the Civil Service Act. The trial Court ordered his reinstatement. Reversed. 1. CIVIL SERVICE — Commission Powers. The Constitution confers […]

Jonny A. Thayer and Pattie Thayer, Plaintiffs-Appellants, v. Douglas L. McDonald, Marjorie R. McDonald and McDonald Farms, Inc., Defendants-Appellees. No. 88CA0810Colorado Court of Appeals. Decided September 21, 1989. Appeal from the District Court of Boulder County Honorable Roxanne Bailin, Judge James E. Masson, for Plaintiffs-Appellees. Miller McCarren, P.C., John J. McHale, Jr., for Defendants-Appellees. Division […]

Jacqueline M. Buckmiller, Plaintiff-Appellant, v. Safeway Stores, Inc., Defendant-Appellee. No. 83CA1088Colorado Court of Appeals. Decided May 10, 1984. Rehearing Denied June 7, 1984. Certiorari Granted November 13, 1984. Page 884 Appeal from the District Court of El Paso County Honorable Bernard Baker, Judge Page 885 Jeffrey R. Wheeler, for plaintiff-appellant. Anstine and Hill, Ronald C. […]

Robert Thiret, Petitioner-Appellant, v. Walter Kautzky, Executive Director of the Colorado Department of Corrections, Respondent-Appellee. No. 89SA240Supreme Court of Colorado. Decided May 29, 1990. Rehearing Denied June 18, 1990. Appeal from District Court Fremont County Honorable John Anderson, District Judge Page 802 Philip A. Cherner, Stayton Brennan, for Petitioner-Appellant. Duane Woodard, Attorney General, Charles B. […]

The People of the State of Colorado v. Deborah M. Cerezo No. 81SA324Supreme Court of Colorado. Decided October 5, 1981. Interlocutory Appeal from the District Court of the County of Boulder, Honorable Rex Scott, Judge. Alexander M. Hunter, District Attorney, Peter A. Hofstrom, Chief Deputy, John E. Maas, Deputy, for plaintiff-appellant. I. Melvin Tatsumi, Carl […]

146 P.2d 218 MARSH v. THE PEOPLE. No. 15,258.Supreme Court of Colorado. Decided January 24, 1944. Rehearing denied February 28, 1944. Plaintiff in error was found guilty of failing and refusing to pay over money which he had received as county clerk and recorder to his successor in office, demand having been made for such […]

Mile High Greyhound Park, Inc., a Colorado corporation, and Racing Associates of Colorado, Ltd., a Colorado limited partnership, Plaintiffs-Appellants, v. Colorado Racing Commission and the Division of Racing Events of the Colorado Department of Revenue, Defendants-Appellees. No. 99CA0583Colorado Court of Appeals. April 27, 2000 Appeal from the District Court of the City and County of […]

In The Matter of the Estate of: Paul R. Tally a/k/a Paul Rogers Tally a/k/a Paul Tally, Deceased, The Church of Jesus Christ of Latter Day Saints, Petitioner-Appellant v. Anne Tally, Personal Representative of the Estate of Paul R. Tally, Respondent-Appellee. No. 81CA1235Colorado Court of Appeals. Decided October 28, 1982. Appeal from the District Court […]

Colonial Painting Company, a Colorado corporation, Plaintiff-Appellee, v. Georgian Health Center, Inc., a Colorado corporation, John B. Smith, Bernard J. Smith, Robert C. Smith, William B. Kortum, and Harry Krausman, individually, Defendants-Appellants. No. 81CA1253Colorado Court of Appeals. Decided February 16, 1984. Rehearing Denied March 15, 1984. Writ of Certiorari Denied August 13, 1984. Appeal from […]

In re the Marriage of Linda Marie Tessmer, Appellee, and George Walter Tessmer, Appellant. No. 94CA1013Colorado Court of Appeals. Decided April 27, 1995. Opinion Modified, and As Modified, Petition for Rehearing DENIED June 6, 1995. Petition for Writ of Certiorari DENIED October 10, 1995 Appeal from the District Court of El Paso County Honorable Michael […]

(328 P.2d 578) ANDREW WYSOWATCKY, AS ADMINISTRATOR OF THE ESTATE OF MAUDE LEE v. BENITA V. CLARKE. No. 18,244.Supreme Court of Colorado. Decided July 21, 1958. Claim against the estate of a decedent. From a judgment for claimant the administrator brings error. Reversed and Remanded With Directions. 1. ESTATES — Claims — Value of Services […]

The People of the State of Colorado v. Hoover Reynolds No. 80SA21Supreme Court of Colorado. Decided November 30, 1981. Rehearing denied December 21, 1981. Appeal from the District Court of El Paso County, Honorable Hunter D. Hardeman, Judge. Page 44 J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy, Mary J. Mullarkey, Solicitor General, R. […]

Cordia Booth, James Stamper, Eugene Copeland, and Bill King, on behalf of the proposed Thurgood Marshall Charter Middle School, Plaintiffs-Appellees, and The Colorado State Board of Education, Intervenor-Appellee and Cross-Appellant, v. The Board of Education of School District No. 1 in the City and County of Denver, and Thomas M. Mauro, Sharon R. Bailey, Lynn […]

The People of the State of Colorado, Complainant, v. Robert Ernest Schwartz, Attorney-Respondent. No. 91SA33Supreme Court of Colorado. Decided January 30, 1995. Motion for Reconsideration DENIED March 6, 1995. Original Proceeding in Discipline. ATTORNEY DISBARRED. Linda Donnelly, Disciplinary Counsel, Kenneth B. Pennywell, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. Robert Ernest Schwartz, Pro Se, […]

In re the Marriage of: Barbara T. Clarke, Appellant, and James G. Clarke, Appellee. No. 82CA0965Colorado Court of Appeals. Decided September 29, 1983. Appeal from the District Court of Arapahoe County Honorable Robert E. Kelley, Judge Page 1335 Miller Vogel, Lawrence M. Vogel, for appellant. David C. Addison, for appellee. Division III. Opinion by JUDGE […]

The People of the State of Colorado, Plaintiff-Appellee, v. Terry Lynn Adams, Defendant-Appellant. No. 83CA0154Colorado Court of Appeals. Decided February 9, 1984. Appeal from the District Court of the City and County of Denver Honorable Sandra I. Rothenberg, Judge Page 573 Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, […]

The People of the State of Colorado, Plaintiff-Appellee, v. Teofilo Serna, Defendant-Appellant. No. 85CA1678Colorado Court of Appeals. Decided February 26, 1987. Rehearing Denied March 19, 1987. Certiorari Denied Serna May 26, 1987 (87SC122). Appeal from the District Court of of Weld County Honorable Jonathan W. Hays, Judge Page 803 Duane Woodard, Attorney General, Charles B. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Nick San Emerterio, Defendant-Appellant. No. 89CA0870Colorado Court of Appeals. Decided March 14, 1991. Opinion Modified, and as Modified Rehearing Denied April 11, 1991. Rehearing on Modification Denied May 16, 1991. Certiorari Granted November 12, 1991 (91SC283). Page 517 Certiorari Granted on the following issues: Whether the […]

The People of the State of Colorado, Complainant, v. J.C. Martin, III, Attorney-Respondent. No. 94SA410Supreme Court of Colorado. Decided June 5, 1995 Original Proceeding in Discipline. ATTORNEY SUSPENDED. Linda Donnelly, Disciplinary Counsel, James C. Coyle, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. Elvin L. Gentry, P.C., Elvin L. Gentry, Colorado Springs, Colorado, Attorney for […]

In the Matter of Sophia Sabrosky, Incapacitated Person-Appellant, v. Denver Department of Social Services, Petitioner-Appellee. No. 87CA1968Colorado Court of Appeals. Decided May 4, 1989. Rehearing Denied 06/15/89 Certiorari Denied October 16, 1989 (89SC337). Appeal from the Probate Court of the City and County of Denver Honorable Field C. Benton, Judge Page 107 Jeffrey A. Adler, […]

Cathy Daniels, Petitioner-Appellee and Cross-Appellant, v. City of Commerce City, Custodian of Records, Respondent-Appellant and Cross-Appellee. No. 97CA1886Colorado Court of Appeals. February 18, 1999 Petition for Rehearing DENIED. May 6, 1999 Appeal from the District Court of Adams County Honorable Donald W. Marshall, Jr., Judge, No. 97CV2214 ORDER AFFIRMED Page 649 Clifton D. Hypsher Associates, […]

Suzan Zaner and Ray Owens, Petitioners, v. City of Brighton and United Power, Inc., Respondents. No. 95SC123Supreme Court of Colorado. Decided May 28, 1996 Certiorari to the Colorado Court of Appeals JUDGMENT AFFIRMED Page 281 The Pratt Law Firm, Kevin B. Pratt, Castle Rock, Colorado, Attorneys for Petitioners. Daniel, McCain, Brown, Wallace Brubaker, P.C., Margaret […]

City and County of Denver, Colorado, a municipal corporation and the Denver Department of Social Services, Petitioners, v. The District Court of the Second Judicial District, State of Colorado, and the Honorable Robert E. Kingsley, a Judge thereof, Respondents. No. 83SA412Supreme Court of Colorado. Decided January 30, 1984. Original Proceeding Page 313 Stephen H. Kaplan, […]

(250 P.2d 1015) STATE COMPENSATION INSURANCE FUND v. ALISHIO ET AL. No. 16,793.Supreme Court of Colorado. Decided March 3, 1952. A proceeding under the Workmen’s Compensation Act. Compensation was awarded claimant, widow of the deceased employee, by the Industrial Commission, which award was affirmed by the district court. Reversed. 1. WORKMEN’S COMPENSATION — Employees. Under […]

(554 P.2d 1362) Mansfield Development Co., a Colorado corporation, Anne Christine DuCharme, Jeanne Marie Potarf, Kathryn Lee Murphy, Ellen Mae Davis and Mary Patricia DuCharme v. Centennial Enterprises, Inc., a Colorado corporation No. 75-592Colorado Court of Appeals. Decided June 3, 1976. Rehearing denied July 15, 1976. Certiorari granted October 12, 1976. Action concerning interpretation of […]

THE PEOPLE OF THE STATE OF COLORADO, Complainant, v. SALLY S. TOWNSHEND, Attorney-Respondent. No. 97SA39Supreme Court of Colorado. March 24, 1997 Original Proceeding in Discipline ATTORNEY DISBARRED Linda Donnelly, Disciplinary Counsel, Kenneth B. Pennywell, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant No Appearance by Attorney-Respondent EN BANC JUSTICE KOURLIS does not participate. PER CURIAM […]

The People of the State of Colorado, Petitioner, v. The District Court, Arapahoe County, Colorado, and one of its judges, the Honorable Michael J. Watanabe, Respondents. No. 93SA282Supreme Court of Colorado. Decided February 14, 1994 Original Proceeding Under C.A.R. 21 Page 401 RULE MADE ABSOLUTE Page 402 Robert R. Gallagher, Jr., District Attorney, James C. […]

(599 P.2d 275) In re the Marriage of Vanell Campbell and Melva Campbell No. 78-421Colorado Court of Appeals. Decided July 26, 1979. Husband sought review of the trial court’s decree of dissolution of marriage and final order. Reversed 1. DISSOLUTION OF MARRIAGE — Separate Property — Acquired Before Marriage — — Award — Post-Dissolution Appreciation […]

(354 P.2d 605) ADJUSTMENT BUREAU, INC. v. WILLIAM H. ROGERS. No. 18,818.Supreme Court of Colorado. Decided August 2, 1960. Action on promissory note. Judgment for defendant. Reversed. 1. BILLS AND NOTES — Duress — Threat of Garnishment — Evidence. In an action on a promissory note given in lieu of a prior defaulted note, evidence […]

1 P.2d 919 INDUSTRIAL COMMISSION ET AL. v. PAPPAS. No. 12,813.Supreme Court of Colorado. Decided July 27, 1931. Proceeding under the Workmen’s Compensation Act. Judgment of the district court vacating the award of the Industrial Commission denying compensation. Affirmed. 1. WORKMEN’S COMPENSATION — Fact Findings. Where a witness, by mistake, gave a wrong date as […]

Platte River Power Authority, a public corporation and political subdivision of the State of Colorado, Petitioner-Appellant, v. David P. Nelson; Kent P. Nelson; Golden Gravel Company, a Colorado corporation; Nick Wimmershoff; Cathy Wimmershoff; Donald D. Kammerzell; Roseanne Kammerzell; Dale Herbert Klug; and Dale Herbert Klug, d/b/a Colorado Fertilizer Landscaping, Respondents-Appellees. No. 86CA1817Colorado Court of Appeals. […]

In re the Marriage of: Pamela A. Allen, Appellee, and Roger L. Allen. United Mortgage Company, Intervenor-Appellant. No. 81CA1026Colorado Court of Appeals. Decided March 8, 1984. Rehearing Denied April 26, 1984. Certiorari Granted November 26, 1984. Appeal from the District Court of Arapahoe County Honorable Joyce Steinhardt, Judge Page 750 Canges, Shaver, Volpe Licht, E. […]

Marvin H. Dare and Alice C. Dare, Petitioners, v. Marvin L. Sobule, Respondent. No. 82SC162Supreme Court of Colorado. Decided January 16, 1984. Certiorari to the Colorado Court of Appeals Podoll and Podoll, P.C., Richard B. Podoll, Robert J. Cunningham, for petitioners. Page 961 Hall Evans, James C. Perrill, Alan Epstein, for respondent. En Banc. CHIEF […]

(485 P.2d 928) The Colorado State Board of Barber Examiners v. Lynn G. White and Marvin L. Rushing No. 71-147 (Supreme Court No. 24534)Colorado Court of Appeals. Decided June 2, 1971. Board of Barber Examiners appealed order of district court reversing Board’s suspension of licenses of two barbers. Page 472 Affirmed 1. ADMINISTRATIVE LAW AND […]

C. Duane Coons and C. Duane Coons Associates, Plaintiffs-Appellants, v. Peterson Realty, Inc., d/b/a Re/Max East, Inc., a Colorado corporation, Defendant-Appellee. No. 83CA1287Colorado Court of Appeals. Decided January 10, 1985. Appeal from the District Court of the City and County of Denver Honorable Roger Cisneros, Judge Law Offices of John M. Franks, P.C., John M. […]

(554 P.2d 688) The People of the State of Colorado v. Warren Gilbert Wieckert No. 26585Supreme Court of Colorado. Decided September 7, 1976. Rehearing denied October 12, 1976. Defendant was convicted of two counts of menacing and two counts of reckless endangerment and appealed. Affirmed 1. SEARCHES AND SEIZURES — Consent to Search — Proof […]

The People of the State of Colorado, Plaintiff-Appellee, v. Jerico P. McMillan a/k/a Jerico Page McMillon, Defendant-Appellant. No. 91CA2130Colorado Court of Appeals. Decided March 25, 1993. Rehearing Denied April 22, 1993. Certiorari pending 06/01/93 (93SC336). Certiorari Granted (Petitioner and Cross-Petitioner) March 21, 1994. Appeal from the District Court of Jefferson County Honorable Christopher J. Munch, […]

(599 P.2d 917) James Erger, Charles A. Erger and Leo Wurtz v. The District Court, in and for the County of Adams, State of Colorado and The Honorable Abraham Bowling, one of the judges thereof; Thomas G. Vessels, Lola L. Ozman, Dale D. Ozman, David F. Lawrence, J. William Sorenson, E. Warren Willard, W. Howard […]

(482 P.2d 107) Letha June MacMillan v. Albert T. MacMillan No. 24684.Supreme Court of Colorado. Decided March 8, 1971. Rehearing denied March 29, 1971. Habeas corpus action by father to obtain custody of the two minor children of the parties from the mother. Writ made absolute and mother brought error. Affirmed 1. DIVORCE — Custody […]

The People of the State of Colorado, Plaintiff-Appellee, v. Troy M. Fennell, Defendant-Appellant. No. 98CA2459Colorado Court of Appeals. November 24, 2000 Prior Opinion Announced August 17, 2000, WITHDRAWN Petition for Rehearing GRANTED Appeal from the District Court of Jackson County, Honorable Richard D. Turelli, Judge, No. 92CR2. ORDER AFFIRMED Page 1093 Ken Salazar, Attorney General, […]

Robert L. Austin and Marquita Austin, Plaintiffs-Appellants, v. John Litvak, M.D. and St. Anthony’s Hospital, Defendants-Appellees. No. 82SA236Supreme Court of Colorado. Decided May 7, 1984. Rehearing Denied June 18, 1984. Appeal from the District Court of the City and County of Denver Hon. James C. Flanigan, Judge Page 42 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

L M Enterprises, Inc., a Colorado corporation, Plaintiff-Appellant, v. City of Golden, a Colorado municipal corporation, and Dan Hartman, Defendants-Appellees. No. 92CA0998Colorado Court of Appeals. Decided April 22, 1993. Appeal from the District Court of Jefferson County Honorable Michael C. Villano, Judge Page 1338 Stanley T. Matsunaka P.C., Stanley T. Matsunaka, for Plaintiff-Appellant. Hall Evans, […]

Canal Insurance Company, Plaintiff-Appellee, v. Randall S. Nix, Defendant-Appellant. No. 98CA2028Colorado Court of Appeals. November 12, 1999 Certiorari Denied August 21, 2000. Appeal from the District Court of Larimer County, Honorable Arnaud Newton, Judge, No. 97CV126 JUDGMENT AFFIRMED Page 1039 Wood, Ris Hames, P.C., Mark R. Davis, Dennis A. Hanson, Denver, Colorado, for Plaintiff-Appellee. Dwyer, […]

A. Joe Downing, as father and next friend of Jonlon J. Downing, a minor, Plaintiff-Appellant, v. Overhead Door Corporation, a Texas corporation, Defendant-Appellant. No. 83CA0171Colorado Court of Appeals. Decided May 2, 1985. Rehearing Denied June 6, 1985. Certiorari Denied October 15, 1985. Appeal from the District Court of Jefferson County Honorable Winston W. Wolvington, Judge […]

(406 P.2d 674) Luis Jose Monge v. The People of The State of Colorado. No. 21201Supreme Court of Colorado. Decided September 27, 1965 Rehearing denied November 1, 1965. Defendant was convicted of first degree murder and brings error. Affirmed. 1. HOMICIDE — Murder — First Degree — Jury — Discretion — Penalty — Evidence — […]

In Re Search Warrant for 2045 Franklin, Denver, Colorado. W. Bruce Wilson, M.D., and W. Bruce Wilson, M.D., P.C., Appellants, v. Norman Early, District Attorney, Second Judicial District, and Colorado Medicaid Fraud Control Unit, Appellees. No. 84CA0519Colorado Court of Appeals. Decided September 5, 1985. Appeal from the District Court of the City and County of […]

(575 P.2d 414) The People of the State of Colorado v. Edward William Hines No. 27953Supreme Court of Colorado. Decided February 27, 1978 Interlocutory appeal by the People challenging the district court’s order suppressing certain evidence and statements. Affirmed 1. SEARCHES AND SEIZURES — Warrantless — Prima Facie — Invalid — Exceptions. A search conducted […]

35 P.2d 852 DENVER TRAMWAY CORPORATION v. KUTTNER. No. 13,192.Supreme Court of Colorado. Decided July 23, 1934. Action against a street car company for damages for personal injuries sustained in an accident. Judgment for plaintiff. Reversed. 1. APPEAL AND ERROR — Assignments Not Argued. All assignments of error which are not presented to the court […]

M.D.C./Wood, Inc., a Colorado corporation, formerly known as Wood Bros. Homes, Inc., Petitioner, v. Gary Mortimer, Catherine L. Mortimer, Jayesh P. Patel, Bakula Patel, Dennis J. Perret, Clarice J. Perret, Deborah M. Klee, David J. Klee, and Howard P. Jones, Respondents. No. 93SC67Supreme Court of Colorado. Decided January 24, 1994 Certiorari to the Colorado Court […]

29 P.2d 1031 COLORADO TAX COMMISSION v. COLORADO CENTRAL POWER COMPANY. No. 12,990.Supreme Court of Colorado. Decided February 5, 1934. Rehearing denied March 5, 1934. Suit to set aside tax assessment of corporate property. Judgment for plaintiff. Reversed. 1. TAXES AND TAXATION — Assessment. This case ruled by Colorado Tax Commission v. Colorado Central Power […]

(413 P.2d 909) Joe Rosenthal v. William C. Whitehead. No. 21055Supreme Court of Colorado. Decided April 18, 1966. Action in foreclosure by pledgee of tractor consolidated with action in conversion by chattel mortgagee. From adverse judgments, mortgagee brings error. Reversed. 1. PRINCIPAL AND AGENT. — Authority to Pledge — Express — Implied. An agent has […]

Roque R. MORALES, Plaintiff-Appellee, v. CAMB, a Colorado general partnership; Max Garwood; Peterson Family, LLC, a Colorado limited liability company; and G B, a Nebraska partnership individually and as members of CAMB, Defendants-Appellants. No. 05CA1392.Colorado Court of Appeals. March 22, 2007. Appeal from the District Court, Grand County, Paul R. McLimans, J. Page 374 James […]

(405 P.2d 687) James Carlos Pigg v. Harry C. Tinsley, Warden of The Colorado State Penitentiary. No. 20832Supreme Court of Colorado. Decided September 13, 1965. From a denial of his petition for a writ of habeas corpus, the petitioner brings error. Affirmed. 1. HABEAS CORPUS — Insane Person — Restoration to Reason — Adjudication. An […]

(367 P.2d 335) COLORADO MANAGEMENT CORPORATION, ET AL. v. THE AMERICAN FOUNDERS LIFE INSURANCE COMPANY. No. 19,476.Supreme Court of Colorado. Decided December 4, 1961. Action against corporation for damages for refusal to honor options for the purchase of corporate stock. Judgment for defendant. Affirmed. 1. CORPORATIONS — Stock — Options to Purchase — Damages — […]

(609 P.2d 119) State of Colorado, Motor Vehicle Division v. Roger Edwin Dayhoff; State of Colorado, Department of Revenue, Motor Vehicle Division v. Michael Lee Emmer Thomas Robert McCoy v. State of Colorado, Department of Revenue, Motor Vehicle Division No. 79SC114, No. 79SC132Supreme Court of Colorado. Decided March 31, 1980. Certiorari granted in two consolidated […]

Longmont Turkey Processors, Inc., Petitioner, v. The Industrial Claim Appeals Office of the State of Colorado and Ricardo Manriquez, Respondents. No. 88CA0458Colorado Court of Appeals. Decided November 17, 1988. Review of Order from the Industrial Claim Appeals Office of the State of Colorado Daniel J. Collyar, for Petitioner. Duane Woodard, Attorney General, Charles B. Howe, […]

(530 P.2d 1290) Robert W. Seibel v. Colorado Real Estate Commission No. 74-104Colorado Court of Appeals. Decided October 22, 1974. Rehearing denied November 19, 1974. Certiorari denied February 10, 1975. Appeal of real estate commission disciplinary action against real estate broker presented issue of the Commission’s jurisdiction over acts of broker in negotiating the acquisition […]

27 P.2d 1038 PEOPLE EX REL. WAGNER v. TORRENCE. No. 13,047.Supreme Court of Colorado. Decided December 11, 1933. On petition for writ of habeas corpus to obtain custody of children. Judgment for respondent. Affirmed. 1. CHILDREN — Custody — Jurisdiction. Jurisdiction of courts over the custody of minor children does not depend on the domicile […]

(545 P.2d 1357) In re Petition of T.C.H. v. J.M.S.: James M. Seger v. Terry C. Huff, for the Adoption of a Child, D.L.S. No. C-632Supreme Court of Colorado. Decided February 9, 1976. Rehearing denied March 8, 1976. Adoption case in which the district court granted a stepparent adoption of child without consent of petitioner, […]

Eric McLeod, Petitioner-Appellant, v. James Brittain, Superintendent, Colorado Territorial Correctional Facility, Respondent-Appellee. No. 85SA163Supreme Court of Colorado. Decided December 15, 1986. Appeal from District Court, Fremont County Honorable Paul J. Keohane, Judge David F. Vela, Colorado State Public Defender; David R. Galindo, for Petitioner-Appellant. Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, […]

(546 P.2d 1275) Charles Hoffman and Patricia Hoffman v. Kiefer Concrete, Inc., a Colorado corporation No. 75-034Colorado Court of Appeals. Decided November 20, 1975. Rehearing denied December 11, 1975. Certiorari granted March 15, 1976. In action to recover for personal injuries sustained when a crane cable supporting a cement bucket carrying a plaintiff broke, the […]

(561 P.2d 1268) George Phillip Spann v. The People of the State of Colorado No. C-933Supreme Court of Colorado. Decided April 4, 1977. Petitioner pled guilty to violating section 35-43-128, C.R.S. 1973, by killing a neighbor’s calf. Trial court denied petitioner’s motion under Crim. P. 35(a) for probation or reduction of sentence. The Court of […]

Bert Bidwell, d/b/a The Mountain Shop, Plaintiff-Appellee, v. Jerry Jolly, Defendant-Appellant. No. 84CA1143Colorado Court of Appeals. Decided January 23, 1986. Rehearing Denied February 27, 1986. Certiorari Denied July 7, 1986 (86SC107). Appeal from the District Court of Pitkin County Honorable Thomas W. Ossola, Judge Page 482 Kevin R. O’Reilly, for Plaintiff-Appellee. Law Offices of Bernard […]

The People of the State of Colorado, Plaintiff-Appellee, v. Ralph William Truesdale, Defendant-Appellant. No. 87CA1458Colorado Court of Appeals. Decided December 20, 1990. Rehearing Denied May 2, 1991. Petition for Certiorari Dismissed July 30, 1991 (91SC340). Appeal from the District Court of Arapahoe County Honorable Charles A. Friedman, Judge Duane Woodard, Attorney General, Charles B. Howe, […]

Dean Hibbard and H.D. Garrison, Plaintiffs-Appellees and Cross-Appellants, v. County of Adams, State of Colorado; Robert J. Loew; and Darrel L. Matteson, Defendants-Appellants and Cross-Appellees. No. 93CA0593Colorado Court of Appeals. Decided November 3, 1994. Opinion Modified, and as Modified, Petition for Rehearing DENIED December 1, 1994. Certiorari Granted August 14, 1995. Appeal from the District […]

(606 P.2d 81) The People of the State of Colorado v. Anthony Abila No. 80CA0053Colorado Court of Appeals. Decided February 8, 1980. Non-adversary review of sentence exceeding presumptive range. Remanded 1. CRIMINAL LAW — Sentencing — Outside Presumptive Range — Specific Written Findings — Required by Statute — Transcript — Oral Findings — Not Satisfactory. […]

(539 P.2d 1343) John R. Sauer and Master Industries, Inc., a Colorado corporation v. Stanley R. Hays, Securities Commissioner of State of Colorado, The State of Colorado Division of Securities, Department of Regulation, and William J. Anderson, Assistant Securities Commissioner No. 73-315Colorado Court of Appeals. Decided June 24, 1975. Rehearing denied July 29, 1975. Securities […]

METAL MANAGEMENT WEST, INC., a Colorado corporation, d/b/a Sims Metal Management, LTD, Plaintiff-Appellant, v. STATE of Colorado; John R. Newsome, District Attorney for the 4th Judicial District of the State of Colorado; City of Colorado Springs, a municipal corporation; Terry Maketa, Sheriff of El Paso County, Colorado; Richard W. Myers, Chief of the Colorado Springs […]

The People of the State of Colorado v. Edward E. Dixon No. 80SA426Supreme Court of Colorado. Decided January 5, 1981. Original Proceedings in Discipline Page 323 Laird T. Milburn, Special Prosecutor. Robert B. Kane, Disciplinary Prosecutor. No appearance for attorney-respondent. En Banc. JUSTICE DUBOFSKY delivered the opinion of the Court. [1] This proceeding is the […]

The People of the State of Colorado, Plaintiff-Appellant, v. Henry R. Cole, Defendant-Appellee. No. 87SA293Supreme Court of Colorado. Decided June 5, 1989. Rehearing Denied July 17, 1989. Appeal from District Court, Teller County Honorable John F. Gallagher, Judge. Page 552 Barney Iuppa, District Attorney, David H. Zook, Chief Deputy District Attorney, for Plaintiff-Appellant. Elvin L. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Richard Ham, Defendant, and concerning The Colorado Department of Corrections, Intervenor-Appellant. No. 86SA177Supreme Court of Colorado. Decided March 23, 1987. Appeal from District Court, Larimer County Honorable William F. Dressel, Judge Page 624 Stuart A. Van Meveren, District Attorney, Jerome B. Roselle, Deputy District Attorney, for […]

Arthur Prax Ortega, Plaintiff-Appellant and Cross-Appellee, v. Board of County Commissioners of the County of Costilla, Office of the County Treasurer, and Cosme Sanchez, Jr., individually and as agent for the County of Costilla, Defendants-Appellees and Cross-Appellants. No. 83CA1002Colorado Court of Appeals. Decided May 24, 1984. Appeal from the District Court of Costilla County Honorable […]

POWERS ELECTRIC, INC. and Gary J. Powers, d/b/a Powers Electric, Inc., Defendants-Appellees. No. 09CA1869.Colorado Court of Appeals. June 24, 2010. Appeal from the District Court, Gunnison County, J. Steven Patrick, J. Ricardo Barrera, Denver, Colorado; Dworkin, Chambers, Williams, York, Benson Evans, P.C., Geri O’Brien Williams, Denver, Colorado, for Plaintiff-Appellant. Page 570 Anderson, Dude, Bailey Lebel, […]

(364 P.2d 565) MARION TOWER AND HENRY S. SHERMAN v. RALPH F. TOWER No. 19,704.Supreme Court of Colorado. Decided August 21, 1961. Rehearing denied September 18, 1961. Proceedings by attorney for wife in divorce action for allowance of attorney fees. From a judgment determining court to be without jurisdiction to allow such fees, the attorney […]

The People of the State of Colorado, Plaintiff-Appellant, v. Victor R. Krovarz, Defendant-Appellee. No. 82SA563Supreme Court of Colorado. Decided March 11, 1985. Appeal from the District Court, City and County of Denver Honorable Sandra Rothenberg, Judge Page 379 Norman S. Early, Jr., District Attorney, Second Judicial District, Brooke Wunnicke, Chief Appellate Deputy District Attorney, O. […]

(585 P.2d 580) Vern Hudson v. The People of the State of Colorado No. C-1380Supreme Court of Colorado. Decided August 21, 1978. Rehearing denied September 18, 1978. Defendant was convicted of attempting to dispense a dangerous drug. The court of appeals, 39 Colo. App. 442, 570 P.2d 839, affirmed and certiorari was granted. Affirmed 1. […]

Rick W. NEWSOM, Plaintiff-Appellee, v. FRANK M. HALL COMPANY, a Colorado corporation, Defendant-Appellant. No. 02CA1375.Colorado Court of Appeals. Division V. February 26, 2004. As Modified on Denial of Rehearing April 8, 2004. Certiorari Granted December 6, 2004. Appeal from the District Court, Douglas County, No. 00CV0666, Paul A. King, J. Page 1108 [EDITORS’ NOTE: THIS […]

(427 P.2d 873) Bayly Manufacturing Company, a corporation v. Christina Franks, Barbara K. Gash, Elline E. Kreager, Connie Joe Kuhl, Verna Rosella Midbo, Mary Sandoval, The Department of Employment of the State of Colorado, the State of Colorado, James M. Shaffer, Albert S. Mangan and Walter W. Johnson, as members of the Industrial Commission of […]

205 P.2d 239 BROWNE v. SMITH, CONSERVATOR. No. 15,994.Supreme Court of Colorado. Decided March 28, 1949. An action on a promissory note. Judgment for plaintiff. Affirmed. 1. LIMITATIONS OF ACTIONS — Incompetent Persons. The statute of limitations may not be invoked against one who is mentally incompetent. “As a general rule, it is not necessary […]

116 P.2d 195 LOVELAND CAMP No. 83, WOODMEN OF THE WORLD ET AL. v. WOODMEN BUILDING AND BENEVOLENT ASSOCIATION ET AL. No. 14,786.Supreme Court of Colorado. Decided July 21, 1941. A suit to remove a cloud from the title of real property. Judgment of dismissal. Reversed. 1. ASSOCIATIONS — Voluntary — Real Property. At common […]

(565 P.2d 967) Everitt Lumber Co., Inc., a Kansas corporation v. Industrial Commission of the State of Colorado (Ex-Officio Unemployment Compensation Commission of Colorado), and Donna M. Weiner Everitt Lumber Co., Inc., a Kansas corporation v. Industrial Commission of the State of Colorado (Ex-Officio Unemployment Compensation Commission of Colorado), and Elvah D. Brockman No. 76-549, […]

The People of the State of Colorado, Plaintiff-Appellant, v. Walter Lee Williams, Defendant-Appellee. The People of the State of Colorado, Petitioner, v. The District Court in and for the Second Judicial District of the State of Colorado, and the Honorable Karen S. Metzer, One of the Judges thereof, Respondents. Nos. 80SA533, 81SA38Supreme Court of Colorado. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Willie Fox, Jr., Defendant-Appellant. No. 91CA0388Colorado Court of Appeals. Decided May 6, 1993. Certiorari extension pending 07/13/93 (93SC423). Opinion Modified, and as Modified Rehearing Denied June 10, 1993. Appeal from the District Court of Adams County Honorable John E. Popovich, Judge Page 1001 Gale A. Norton, […]

Ahmed Abdelsamed, a/k/a John Adams, Plaintiff-Appellee, v. New York Life Insurance Company, Defendant-Appellant. No. 91CA0705Colorado Court of Appeals. Decided August 27, 1992. Rehearing Denied December 10, 1992. Certiorari Granted (Abdelsamed) August 23, 1993 (93SC3). Cross-Petition for Certiorari Denied August 23, 1993. Certiorari Granted on the following issues: Whether the court of appeals erred in reversing […]

32 P.2d 261 BECK v. CITY AND COUNTY OF DENVER. No. 13,225.Supreme Court of Colorado. Decided April 23, 1934. Action against a city for damages for personal injuries occasioned by a defective sidewalk. Judgment for defendant. Affirmed. 1. MUNICIPAL CORPORATIONS — Negligence — Sidewalks. Not every defect in a sidewalk by which injuries are occasioned […]

Eugene Lobato; Zack Bernal; Gabrielita Adeline Espinosa; Edward Espinosa; Pete E. Espinosa, Jr.; Corpus Gallegos, by and through his conservator Yvette Gallegos; GLORIA GALLEGOS; RUPERT GALLEGOS; RAYMOND GARCIA; CHARLIE JACQUEZ, JR.; ADOLPH J. LOBATO; BONIFACIO “BONNIE” LOBATO, by and through his conservator Teresa Lobato; CARLOS LOBATO; EMILIO LOBATO, JR.; JOSE F. LOBATO; PRESESENTACION J. LOBATO; […]

Pacific American Real Estate Fund, 1971-B, a California limited partnership, Plaintiff-Appellant, v. Federal Associates, a Colorado partnership, Defendant-Appellee. No. 80CA0470Colorado Court of Appeals. Decided August 12, 1982. Appeal from the District Court of the City and County of Denver, Honorable Clifton A. Flowers, Judge. Jack Levine, P.C., Jack Levine, for plaintiff-appellant. Fishman, Gengler Geman, P.C., […]

Raymond Deckert, Petitioner, v. The People of the State of Colorado, Respondent. No. 85SC183Supreme Court of Colorado, En Banc. Decided October 15, 1985 [1] Petition for Writ of Certiorari DENIED. [2] NEIGHBORS and KIRSHBAUM, JJ., would grant as to the following issue: [3] Whether the Arapahoe County trial court erroneously failed to dismiss the charges […]

In the Matter of the Estate of Allen T. Stevenson, Deceased, and Amanda Snow, a minor by her next friend, Elizabeth Talovich, Plaintiffs-Appellants, v. The Hollywood Bar and Cafe, Inc., d/b/a The Hollywood Bar, Defendant-Appellee. No. 91SA266Supreme Court of Colorado. Decided July 13, 1992. Appeal from the District Court, Montezuma County Honorable Grace S. Merlo, […]

(528 P.2d 228) The People of the State of Colorado v. James Edward Simms No. 25857Supreme Court of Colorado. Decided November 18, 1974. Defendant, who was convicted of two charges of aggravated robbery and sentenced to two consecutive terms in the state penitentiary of 30-40 years each — which was later commuted by the governor […]

498 P.2d 1166 The People of the State of Colorado In the Interest of D.R.B., Upon the Petition of A.R.B and Concerning G.L.P. No. 71-502Colorado Court of Appeals. Decided May 2, 1972. Rehearing denied May 23, 1972. Certiorari granted July 10, 1972. Paternity proceeding. Putative father personally served in North Carolina, but made no appearance […]

(514 P.2d 784) Metropolitan State Faculty Federation, American Federation of Teachers Local 2042, an unincorporated association, Charles A. Bursiel, Charles E. Page 421 Angeletti, and Robert L. Clifton v. State of Colorado, Metropolitan State College, and the Board of Trustees of the State Colleges of Colorado No. 72-081Colorado Court of Appeals. Decided July 31, 1973. […]