Category: Colorado Court Opinions

Ruth Michaelson, Petitioner, v. Ervin Michaelson, Respondent. No. 93SC438Supreme Court of Colorado. Decided November 7, 1994. Petition for Rehearing DENIED December 5, 1994. Certiorari to the Colorado Court of Appeals JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Page 696 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

The People of the State of Colorado, Plaintiff-Appellant, v. Clifford C. Stewart, Defendant-Appellee. No. 85SA388Supreme Court of Colorado. Decided July 20, 1987. Appeal from District Court, El Paso County Honorable William E. Rhodes, Judge. Barney Iuppa, District Attorney, David H. Zook, Chief Deputy District Attorney, for Plaintiff-Appellant. Tegtmeier Sears, P.C., Richard L. Tegtmeier; Moline, Ottsen, […]

Robert P. Hilberg, a Minor, by and through his father and next friend, Robert F. Hilberg; and Robert F. Hilberg, Plaintiffs-Appellants, v. F. W. Woolworth Co., a New York corporation; Savage Industries, Inc., a Massachusetts corporation; and William Jack Myers, Defendants-Appellees. No. 86CA0109Colorado Court of Appeals. Decided March 24, 1988. Rehearing Denied April 21, 1988. […]

The People of the State of Colorado v. Raymond Ressin No. 79SA554Supreme Court of Colorado. Decided November 24, 1980. Rehearing denied January 12, 1980. Appeal from the District Court of the City and County of Denver, Honorable Harold Reed, Judge. Page 718 J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy, Mary J. Mullarkey, Solicitor […]

(356 P.2d 487) JAMES B. WIGGINS v. GERALD E. McAULIFFE, JUDGE OF THE MUNICIPAL COURT, CITY AND COUNTY OF DENVER No. 19,043.Supreme Court of Colorado. Decided October 31, 1960. Action in nature of prohibition to restrain municipal court from proceeding in traffic ordinance violation charge. Judgment for defendant. Affirmed. 1. MUNICIPAL CORPORATIONS — Ordinance — […]

The People Of The State Of Colorado, Petitioner v. Daniel J. Tuck, Respondent. No. 96SC717Supreme Court of Colorado. February 13, 1998 Prior report: Colo.App., 937 P.2d 810. ORDER OF COURT Upon consideration of the Record on Appeal, together with the written and oral Arguments of Counsel, and now being sufficiently advised in the premises, IT […]

The Board of County Commissioners of La Plata County, Colorado, Petitioner, v. Thomas Moga and Diedra Moga, Respondents. No. 96SC576Supreme Court of Colorado. November 10, 1997 Certiorari to the Colorado Court of Appeals Page 1386 JUDGMENT REVERSED McLachlan Goldman, LLC, Michael E. McLachlan, Jeffery P. Robbins, Durango, Colorado, Attorneys for Petitioner. Abadie Zimsky, Lon W. […]

(563 P.2d 1) The People of the State of Colorado v. Dennis L. Blewitt No. 27345Supreme Court of Colorado. Decided February 18, 1977. Original proceeding in discipline. Public Censure 1. ATTORNEY AT LAW — Gross Negligence — Failure to Appear — Pretrial — Trial — Dismissal — Public Censure. Attorney who failed to appear for […]

(366 P.2d 136) ALVIN L. KNUPPEL v. STANLEY MORELAND, ET AL. No. 19,392.Supreme Court of Colorado. Decided October 23, 1961. Rehearing denied November 27, 1961. Action on written instrument relating to sale of equipment. Judgment for defendants on counterclaim. Reversed. 1. EVIDENCE — Parol Evidence — Written Instrument — Admissibility. The patrol evidence rule excludes […]

(382 P.2d 995) GLEN WILLIAM PHELPS v. THE PEOPLE OF THE STATE OF COLORADO. No. 20,036.Supreme Court of Colorado. Decided June 17, 1963. Defendant was convicted of driving an automobile while under the influence of intoxicating liquor and brings error. Affirmed. 1. CRIMINAL LAW — Appeal and Error — Matters not Raised at Trial. The […]

(480 P.2d 602) Pope Heating and Air Conditioning Company v. Garrett-Bromfield Mortgage Company, Travis Investment Company, Carroll S. Delaney, Coleman Electric Company No. 70-371 (Supreme Court No. 22888)Colorado Court of Appeals. Decided January 26, 1971. In mechanic’s lien action, claimant’s lien was ordered forfeited as being fraudulently inflated claim. Claimant appealed and certain other claimants […]

The People of the State of Colorado, Plaintiff-Appellee, v. James Wayne Holt, Defendant-Appellant. No. 92CA1633Colorado Court of Appeals. Decided October 7, 1993. Rehearing Denied November 18, 1993. Certiorari Denied May 23, 1994. Appeal from the District Court of Douglas County Honorable Thomas J. Curry, Judge Page 411 Gale A. Norton, Attorney General, Raymond T. Slaughter, […]

Crosby L. Powell, Crosby L. Powell Associates, Michael Townes, Betty Lou Townes, Donzell Rosenberg, and all other inmates similarly situated in the Colorado Department of Corrections, Petitioners-Appellants, v. Colorado Public Utilities Commission; Robert J. Hix, Vincent Majkowski, R. Brent Alderfer, Commissioners thereof; Colorado Inmates’ Phone System; Colorado Department of Corrections; and Sprint Communications Company, L.P., […]

(553 P.2d 382) In Re Question Submitted by the United States Court of Appeals for the Tenth Circuit, Concerning the Nature of a Future Interest Subject to a Condition in Civil Action No. C-4205 in the United States District Court for the District of Colorado Entitled United States of America v. United Banks of Denver, […]

Cory Morrison, Petitioner, v. The People of the State of Colorado, Respondent. No. 99SC306Supreme Court of Colorado. June 26, 2000 Certiorari to the Colorado Court of Appeals JUDGMENT AFFIRMED. EN BANC Page 669 David S. Kaplan, Colorado State Public Defender, Alan M. Kratz, Deputy State Public Defender, Denver, Colorado, Attorneys for Petitioner Ken Salazar, Attorney […]

(505 P.2d 47) Bernard Wayne Lorance v. The Colorado State Board of Examiners of Architects, Robert W. Kindig, Carl F. Groos, Jr., Robert G. Childress, William C. Muchow, and Edward A. Devilbiss as members of the Colorado State Board of Architects No. 71-458 (Supreme Court No. 25238)Colorado Court of Appeals. Decided October 3, 1972. Rehearing […]

Walter J. GRUND, Plaintiff In Error, v. Wilbur D. WOOD et al., Defendants In Error. No. 71-178.Colorado Court of Appeals, Division II. Filed: September 14, 1971. Certiorari Denied November 29, 1971.Rehearing Denied October 5, 1971. Not Selected for Official Publication. Action by withdrawing partner to recover his share of medical partnership assets and for determination […]

(402 P.2d 169) GAME AND FISH COMMISSION OF COLORADO, ET AL. v. CLELAND N. FEAST, ET AL. No. 20489.Supreme Court of Colorado. Decided May 24, 1965. Action by purchasers of Game and Fish licenses seeking to have certain legislation declared unconstitutional and also seeking a declaratory judgment and injunctive relief with reference to license fees […]

(349 P.2d 699) EUGENE MARZEC v. FREMONT COUNTY SCHOOL DISTRICT NO. 2, ET AL. No. 19,292.Supreme Court of Colorado. Decided February 29, 1960. Action to compel school district to grant right of tenure to teacher. Judgment for defendants. Affirmed. 1. SCHOOLS AND SCHOOL DISTRICTS — Teachers Tenure Act — Construction. The teacher’s tenure act (C.R.S. […]

Sally Defeyter and James Defeyter, Plaintiffs-Appellees and Cross-Appellants, v. Sandra K. Riley and Ronn H. Mayer, Defendants-Appellants and Cross-Appellees. No. 81CA0277Colorado Court of Appeals. Decided April 28, 1983. Rehearing Denied May 26, 1983. Certiorari Denied October 31, 1983. Appeal from the District Court of the City and County of Denver Honorable Edward E. Carelli, Judge […]

493 P.2d 683 Colorado Department of Agriculture, and Division of State Compensation Insurance Fund v. Horace H. Wayne, and Industrial Commission of Colorado No. 71-374Colorado Court of Appeals. Decided December 14, 1971. Rehearing denied January 25, 1972. Certiorari granted February 28, 1972. Award of permanent-partial disability compensation was not appealed, but claimant’s employer and its […]

(394 P.2d 610) MELVIN G. EARNEST v. DOROTHY I. EARNEST. No. 20528.Supreme Court of Colorado. Decided August 10, 1964. From a judgment denying modification of support order, the father brings error. Affirmed. 1. PARENT AND CHILD — Support — Reduction — Burden. Movant seeking reduction of monthly support for minor children has burden of producing […]

Pepcol Manufacturing Co., a Colorado corporation, Plaintiff-Appellee, v. Denver Union Corporation, a corporation, and Western Stock Center, Inc., a corporation, Defendants-Appellants. No. 81CA0446Colorado Court of Appeals. Decided March 31, 1983. Rehearing Denied April 21, 1983. Certiorari Granted August 29, 1983. Appeal from the District Court of the City and County of Denver Honorable John F. […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Joshua J. WHITMAN, Defendant-Appellant. No. 04CA1428.Colorado Court of Appeals. November 29, 2007. As Modified on Denial of Rehearing December 27, 2007. Appeal from the District Court, Larimer County, Daniel J. Kaup, J. Page 372 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

(601 P.2d 1388) The People of the State of Colorado v. David Wayne Tooker No. 79SA232Supreme Court of Colorado. Decided November 13, 1979. Interlocutory appeal from an order of suppression of evidence by the district court. Ruling Affirmed 1. ARREST — Stone Case Doctrine — Stop and Detain — Questioning — Reasonable Suspicion — Offense. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Roger R. Clements, Defendant-Appellant. No. 85CA0007Colorado Court of Appeals. Decided November 6, 1986. Rehearings Denied December 24, 1986. Appeal from the District Court of Jefferson County Honorable Joseph P. Lewis, Judge Page 1246 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

Cablevision of Breckenridge, Inc., a Colorado corporation, Petitioner, v. Tannhauser Condominium Association, a Colorado corporation; Tannhauser II Management Association, a Colorado corporation; Jerry O. White; Dorothy M. White; Alfred S. Leger; John R. Rademacher; Gloria Rademacher; Donald V. Bean; John Heyvaert; Ruth Heyvaert; Computercraft Services, Inc., a Colorado corporation; Bruce S. Waldo; Gwendolyn W. Waldo; […]

Karina KNOLL, Plaintiff-Appellant, v. ALLSTATE FIRE AND CASUALTY INSURANCE, Defendant-Appellee. No. 08CA0021.Colorado Court of Appeals. July 23, 2009. Appeal from the District Court, City and County of Denver, Herbert L. Stern, III, J. Page 616 Darrell S. Elliott, P.C., Darrell S. Elliott, Jerold Hart, Denver, Colorado, for Plaintiff-Appellant. Hall Evans, L.L.C., Alan Epstein, Denver, Colorado; […]

Lenco Leasing Company, and State Compensation Insurance Fund, Petitioners, v. Lorita Mae O’Dell, claimant in the Matter of the Death of Ronald R. O’Dell, and The Industrial Commission of the State of Colorado, Respondents. No. 84CA0622Colorado Court of Appeals. Decided June 20, 1985. Review of Order from the Industrial Commission of the State of Colorado […]

Board of County Commissioners of the County of Arapahoe, State of Colorado, Plaintiff-Appellant, v. City of Greenwood Village; City Council of the City of Greenwood Village; and Cherry Creek Vista Holding Partnership, a Colorado limited partnership, Defendants-Appellees. No. 00CA1634Colorado Court of Appeals. July 5, 2001 Arapahoe County District Court No. 98CV3236, Honorable Thomas C. Levi, […]

Everitt Lumber Co., Inc., a Kansas Corporation; Wayne’s Electric, Inc., a Colorado Corporation; and Concrete Contractors, Inc., a Colorado corporation, Plaintiffs, v. Prudential Insurance Co. of America, A New Jersey Corporation, Donald A. Roth, Judith F. Roth, IFG Leasing Company, a Minnesota corporation, Bert Johnson, Lyle Johnson, Allan C. Thompson Defendants-Appellees, and Manuel P. Silva, […]

Colorado Counties Casualty and Property Pool, Board of County Commissioners of the County of Cheyenne, Board of County Commissioners of the County of Kiowa, Board of County Commissioners of the County of Baca, and Ronald E. Foster, in his official capacity as District Attorney for the 15th Judicial District, Plaintiffs-Appellees, v. Board of County Commissioners […]

(476 P.2d 36) Vern M. Adams and Frances O. Adams v. Tony L. White and Martha L. White, Byron C. Angevine, Ruth M. Angevine, and Leon O. Hill. No. 22786.Supreme Court of Colorado. Decided October 26, 1970. From judgment dismissing their claim for deficiency judgment on a promissory note, plaintiffs brought error. Affirmed. 1. TRIAL […]

(270 P.2d 764) INTERNATIONAL TRUST COMPANY, AS EXECUTOR OF THE ESTATE OF McLAUGHLIN v. MORRISON. No. 17,134.Supreme Court of Colorado. Decided May 10, 1954. Rehearing denied June 1, 1954. An action to set aside a tax deed and to remove a cloud from the title of mineral rights claimed by plaintiff. Judgment for defendant. PER […]

(384 P.2d 731) BONNIE JEAN BECK v. RAYMOND RUSSELL BECK No. 20,446.Supreme Court of Colorado. Decided August 26, 1963. Action by wife against husband to establish paternity of child. Judgment for defendant. Affirmed. 1. INFANTS — Paternity — Presumption — Statute. The presumption of legitimacy is one of the strongest known to law, and prior […]

(255 P.2d 753) ESHE v. ESHE, EXECUTRIX. No. 16,905.Supreme Court of Colorado. Decided March 30, 1953. An action to have a bill of sale and deeds declared void. Judgment for plaintiff. Affirmed. 1. APPEAL AND ERROR — Fact Findings. Where there is ample, sufficient evidence to support the findings of the trial court, they will […]

Urban Sisneros and Cynthia Sisneros, Plaintiffs-Appellants, v. City of Grand Junction and Does I through V, Defendants-Appellees. No. 95CA0753Colorado Court of Appeals. September 5, 1996 Petition for Rehearing DENIED November 14, 1996 Petition for Writ of Certiorari GRANTED. July 21, 1997. Appeal from the District Court of Mesa County, Honorable David A. Bottger, Judge, No. […]

PEOPLE of the State of Colorado, Plaintiff. v. Matthew Gene MAESTAS, Defendant. No. 08SA170.Supreme Court of Colorado. January 12, 2009. Appeal from the District Court, Adams County, Edward Moss, J. Page 714 Don Quick, District Attorney, 17th Judicial District, Michael J. Milne, Sr., Deputy District Attorney, Brighton, Colorado, Attorneys for Plaintiff. Springer and Steinberg, P.C., […]

The People of the State of Colorado, In the Interest of A.W.; R.D., Jr.; M.D.; and V.D., Children, Upon the Petition of the El Paso County Department of Human Services, Petitioner-Appellee, and Concerning S.D., Respondent-Appellant, and R.D., Respondent. No. 02CA1071.Colorado Court of Appeals. Div. IV. May 22, 2003. Certiorari Denied August 4, 2003. El Paso […]

(423 P.2d 582) Harold E. Eyrich v. The People of the State of Colorado. No. 22340.Supreme Court of Colorado. Decided February 14, 1967. Defendant was convicted of various traffic charges arising out of an automobile accident. The conviction was affirmed by the district court and the Supreme Court granted certiorari. Reversed. 1. SEARCHES and SEIZURES […]

The People of the State of Colorado, Plaintiff-Appellee, v. Jason C. Falls, Defendant-Appellant. No. 00CA2169.Colorado Court of Appeals. Division A July 18, 2002. Certiorari Denied December 16, 2002. Mesa County District Court No. 97CR595; Honorable Amanda D. Bailey, Judge. ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Ken Salazar, Attorney General, John J. Fuerst, III, Assistant […]

(262 P.2d 261) GENERAL OUTDOOR ADVERTISING CO. v. GOODMAN, INSPECTOR. No. 17,028.Supreme Court of Colorado. Decided October 13, 1953. An action to test the validity of a resolution adopted by the Arapahoe county zoning board in relation to signs. Plaintiff was denied a declaratory judgment. Reversed. 1. COUNTIES — Resolutions — Constitutional Law. A resolution […]

Marjorie Guynn and Harry Guynn, Plaintiffs-Appellants, v. State Farm Mutual Auto Insurance Company, Defendant-Appellee. No. 85CA0155Colorado Court of Appeals. Decided August 14, 1986. Appeal from the District Court of Larimer County Honorable John A. Price, Judge Malman and Malman, P.C., Jerome S. Malman; Irvin M. Kent, for Plaintiffs-Appellants. Anderson, Sommermeyer, Wick Dow, Samuel L. Anderson, […]

Sunstone at Colorado Springs Homeowners Association, Inc., Plaintiff-Appellant, v. Joseph P. White and Patricia A. White, Defendants-Appellees. No. 01CA2035Colorado Court of Appeals. August 15, 2002 El Paso County District Court No. 00CV2058; Honorable Timothy J. Simmons, Judge. JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS. Alpern, Myers, Stuart, Scheuerman, Levinson, LLC, […]

55 P.2d 703 VAN DeVEGT v. BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY. No. 13,818.Supreme Court of Colorado. Decided February 3, 1936. Proceeding in mandamus to compel a board of county commissioners to issue to petitioner a license permitting him to sell intoxicating liquors in his drugstore located outside the limits of an incorporated city. […]

(458 P.2d 754) Rhoda Jasinski v. Ginley-Soper Construction Company, a Colorado corporation, State Compensation Insurance Fund, and Industrial Commission of Colorado, a body politic organized and existing under the laws of the State of Colorado. No. 23985.Supreme Court of Colorado. Decided September 22, 1969. From judgment of district court affirming Industrial Commission which found that […]

The People of the State of Colorado, Plaintiff-Appellee, v. Bradley H. Oglethorpe, Defendant-Appellant. No. 02CA0347.Colorado Court of Appeals. June 19, 2003 As Modified on Denial of Rehearing August 14, 2003. Certiorari Denied April 12, 2004. Page 130 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

(443 P.2d 373) Cedar Mesa Reservoir Company, Park Reservoir Company and Y and S Reservoir Company v. Orchard City Irrigation District. No. 22174.Supreme Court of Colorado. Decided June 10, 1968. Opinion modified and as modified rehearing denied August 6, 1968. Petition seeking to vacate portion of decree abandoning district’s 1937 priority on Dry Creek and […]

(552 P.2d 504) The People of the State of Colorado v. Wayne A. Bourg No. 26387Supreme Court of Colorado. Decided July 26, 1976. Defendant was convicted of selling a narcotic drug with intent to induce and aid another to unlawfully use and possess the drug and appealed. Reversed 1. DRUGS AND DRUGGISTS — Evidence — […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Roy Lee JAMES, Jr., Defendant-Appellant. No. 03CA0409.Colorado Court of Appeals. December 16, 2004. Certiorari Denied August 8, 2005. Appeal from the District Court, El Paso County, Richard V. Hall, J. Page 92 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

The People of the State of Colorado, Plaintiff-Appellee, v. Kenneth Eugene Wilson, Defendant-Appellant. No. 90CA1018Colorado Court of Appeals. Decided January 16, 1992. Appeal from the District Court of La Plata County Honorable James D. Childress, Judge. Gale A. Norton, Attorney General, Raymond T. Slaughter, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, Robert P. […]

(467 P.2d 273) Luis Coppa and Son, a partnership, Anastacio Lucero, Joe Marquez, B. B. McEnerney, L. C. McEnerney, Louis Vezzani, Charles Vialpando, Bridwell Hereford Ranch, A partnership, Richard Henderson, doing business as Henderson Ranch Co., a sole proprietorship, John Pais, John Salapich, and Joe Salapich v. C. J. Kuiper, State Engineer of the State […]

51 P.2d 594 HOWARD v. THE PEOPLE. No. 13,755.Supreme Court of Colorado. Decided November 4, 1935. Plaintiff in error was convicted as an accessory after the fact to murder. Affirmed. 1. CRIMINAL LAW — Accessory After the Fact. Under Colorado laws, accessory after the fact is a statutory offense and a person may be convicted […]

Billy BUNCH (decedent) and Dorothy Bunch (dependent spouse), Petitioners, v. INDUSTRIAL CLAIM APPEALS OFFICE OF the STATE OF COLORADO, Dow Chemical Company, and Travelers Property and Casualty Company, Respondents. No. 05CA2328.Colorado Court of Appeals. September 7, 2006. Page 382 Patrick Law Firm, LLC, Michael A. Patrick, Berthoud, Colorado, for Petitioners. John W. Suthers, Attorney General, […]

Porter Industries, Inc., a Colorado corporation, Plaintiff-Appellant, v. George A. Higgins, Defendant-Appellee. No. 83CA0122Colorado Court of Appeals. Decided April 5, 1984. Appeal from the District Court of Larimer County Honorable John-David Sullivan, Judge Page 1340 Burton Busch, P.C., W.M. Busch, Jr., for plaintiff-appellant. Swain Paulter, Marcia Swain, for defendant-appellee. Division II. Opinion by JUDGE BERMAN. […]

The PEOPLE of the State of Colorado, Plaintiff-Appellant v. Angela Ruth McDANIEL, Defendant-Appellee. No. 07SA36.Supreme Court of Colorado. June 25, 2007. Appeal from the District Court, Adams County, Philip F. Roan, J. Page 248 Don Quick, District Attorney Seventeenth Judicial District, Michael J. Milne, Senior Deputy District Attorney, Brighton, Colorado Attorneys for Plaintiff-Appellant. Timothy Kelly […]

Rocky Mountain Hospital and Medical Service, d/b/a Blue Cross and Blue Shield of Colorado, a Colorado Corporation in Good Standing, Petitioner, v. Diana I. Mariani, Respondent. No. 95SC209Colorado Court of Appeals. Decided April 29, 1996 Certiorari to the Colorado Court of Appeals JUDGMENT AFFIRMED AND CASE REMANDED WITH DIRECTIONS Page 520 Kennedy Christopher, P.C., Richard […]

(452 P.2d 762) Shamin Sheikh v. Lorraine C. Bach, Administratrix of the Estate of Earl Charles Bach, and Lalit Kumar Srivastava. No. 22178.Supreme Court of Colorado. Decided April 7, 1969. Opinion modified and as modified rehearing denied April 28, 1969. Action by passenger against his driver and also against operator of oncoming vehicle for personal […]

Colorado Department of Revenue, Motor Vehicle Division, Petitioner, v. Eric Hans Brakhage, Respondent. No. 85SC413Supreme Court of Colorado. Decided April 13, 1987. Certiorari to the Colorado Court of Appeals Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, Solicitor General, Steven M. Bush, Assistant Attorney General, General Legal Services Section, […]

(498 P.2d 953) Wesley Massey v. The People of the State of Colorado No. 24753Supreme Court of Colorado. Decided July 17, 1972. Defendant was convicted of aggravated robbery and appealed. Affirmed 1. CRIMINAL PROCEDURE — Right to Challenge — Legality of Arrest — Failure to Comply — Rules — Waiver. A defendant waives his right […]

Upon the Petition of Board of County Commissioners of the County of Arapahoe, Colorado, Petitioner-Appellee, and Concerning Tracy Baker, Clerk and Recorder, Arapahoe County, and Leesa Sale, Assistant Deputy Clerk, Respondents-Appellants, and Denver Publishing Company, d/b/a Rocky Mountain News, a Colorado corporation, Intervenor-Appellee. No. 03CA0074.Colorado Court of Appeals. July 17, 2003. Opinion Modified and, As […]

(355 P.2d 77) FAYE M. KERSHNER v. TOWN OF WALDEN, ET AL. No. 18,811.Supreme Court of Colorado. Decided September 6, 1960. Action against town for damages resulting from allegedly negligent construction and operation of sanitary sewer. Judgment for defendants. Affirmed. 1. MUNICIPAL CORPORATIONS — Sewer System — Construction — Maintenance — Findings. In an action […]

(374 P.2d 353) JOHN M. SCHOOLEY, MANAGER OF SAFETY, ETC., ET AL., v. MORLAN ROBERT WILSON. No. 20,152.Supreme Court of Colorado. Decided September 4, 1962. From the discharge of parolee in habeas corpus proceedings, the respondents bring error. Affirmed. 1. CRIMINAL LA — Probation and Parole — Prisoner — Status. A paroled prisoner is one […]

Dee Enterprises, d/b/a DD Electric; and Mid-Century Insurance Company, Petitioners, v. Industrial Claim Appeals Office of the State of Colorado and Ronald Nations, Respondents. No. 02CA2040.Colorado Court of Appeals. July 31, 2003. Industrial Claim Appeals Office of the State of Colorado; W.C. No. 4-523-008. ORDER AFFIRMED. Page 431 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

Ira J. Rojhani and Sherri L. Rojhani, Individually, and as Parents and Next Friend of Seth Rojhani, a Minor, Plaintiffs-Appellants, v. Edward Arenson, M.D. and Carol Rumack, M.D., Defendants-Appellees. No. 94CA1816Colorado Court of Appeals. Decided May 16, 1996 Petition and Cross-Petition for Writ of Certiorari DENIED December 23, 1996 Page 24 Appeal from the District […]

(471 P.2d 421) The People of the State of Colorado v. Ralph Arnold Collman. No. 24750.Supreme Court of Colorado. Decided June 29, 1970. Interlocutory appeal involving motion filed in trial court by defendant-appellant in which he sought to suppress certain evidence found in his possession after arrest. Trial court denied motion to suppress. Affirmed. 1. […]

(554 P.2d 302) The People of the State of Colorado In The Interest of A.A.T., a Child, Upon the Petition of D.K.T. And Concerning D.A.G. No. 27089Supreme Court of Colorado. Decided September 7, 1976. Rehearing denied September 27, 1976. Appeal from a finding of paternity and from a subsequent order to pay child support entered […]

(372 P.2d 160) RICHARD R. HELMICK v. CONSOLIDATED MUTUAL WATER COMPANY. No. 20,001.Supreme Court of Colorado. Decided June 11, 1962. From a judgment for defendant in an action for injunction, the plaintiff brings error. Writ of Error Dismissed. 1. APPEAL AND ERROR — Order Dispensing with Motion for New Trial — Requisite to Review — […]

(273 P.2d 888) PIONEER MUTUAL COMPENSATION COMPANY v. VERNON CASUALTY INSURANCE COMPANY ET AL. No. 17,333.Supreme Court of Colorado. Decided August 30, 1954. An action on insurance policies. Judgment for plaintiff. Affirmed in part. Reversed in part. 1. INSURANCE — Reformation of Policies. Where an insurance company, by its actions, acquiesces is mistakes in a […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Rodney v. SOMMERS, Defendant-Appellant. No. 06CA1335.Colorado Court of Appeals. September 4, 2008. Appeal from the District Court, Arapahoe County, William B. Sylvester, J. Page 1090 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]

Suzanne A. Fasing, Plaintiff-Appellee and Cross-Appellant, and Gregory J. Fasing, Plaintiff-Appellee, v. Richard C. LaFond, Defendant-Appellant and Cross-Appellee. No. 95CA0927Colorado Court of Appeals. January 30, 1997 Rehearing Denied March 27, 1997 Certiorari Denied October 20, 1997 Appeal from the District Court of the City and County of Denver Honorable Frank Martinez, Judge No. 93CV506 JUDGMENT […]

(576 P.2d 1020) The People of the State of Colorado v. Niel L. Good No. 27787Supreme Court of Colorado. Decided April 3, 1978. Original proceedings in discipline. Attorney Suspended 1. ATTORNEYS AT LAW — Findings — Delay — Procrastination — Neglect — Misrepresentation — Suspension. Findings of fact amply supported by the record — which […]

(458 P.2d 760) The United States of America v. The District Court in and for the County of Eagle and State of Colorado and the Judge thereof, the Honorable Harold A. Grant, The Colorado River Water Conservation District, City and County of Denver, acting by and through its Board of Water Commissioners, Central Colorado Water […]

137 P.2d 420 WARNER v. MULLENS ET AL. No. 15,309.Supreme Court of Colorado. Decided April 19, 1943. Rehearing denied May 10, 1943. A proceeding under the Workmen’s Compensation Act. The judgment was adverse to claimant. Affirmed. 1. WORKMEN’S COMPENSATION — Commission Powers — Referees. Under the Colorado Workmen’s Compensation Act the Industrial Commission is not […]

Dynasty, Inc., a Colorado corporation, Counterclaim-Defendant and Plaintiff-Appellee, v. Winter Park Associates, Inc., a Colorado corporation, Counterclaimant-Crossclaimant and Defendant-Appellant. No. 99CA1068Colorado Court of Appeals. June 22, 2000 Appeal from the District Court of Gilpin County, Honorable Henry E. Nieto, Judge, No. 96CV82, Division V JUDGMENT AFFIRMED Casebolt and Vogt, JJ., concur Brown, Berardini Dunning, P.C., […]

15 P.2d 1082 HOME INSURANCE COMPANY ET AL v. HEPP ET AL. No. 13,156.Supreme Court of Colorado. Decided October 31, 1932. Proceeding under the Workmen’s Compensation Act. Judgment for claimants. Affirmed. 1. WORKMEN’S COMPENSATION — Practice — Fact Findings. Where the district court cannot decide a workmen’s compensation case because of lack of evidence, the […]

(287 P.2d 275) INDUSTRIAL COMMISSION OF COLORADO, ET AL. v. INTERNATIONAL MINERALS AND CHEMICAL CORP., ET AL. No. 17,712.Supreme Court of Colorado. Decided August 29, 1955. Rehearing denied September 19, 1955. Proceeding under Workmen’s Compensation Act for death resulting from heart failure. From a judgment vacating an award the Commission and the claimant bring error. […]

Raquel BACKSTREET, Plaintiff-Appellant, v. HOPP FLESCH, LLC and Kevin C. Flesch, in his corporate and individual capacities, Defendants-Appellees. No. 03CA1522.Colorado Court of Appeals. Division IV. September 9, 2004. Certiorari Granted February 22, 2005. Appeal from the District Court, City and County of Denver, No. 02CV5299, J. Stephen Phillips, J. Page 1023 LaFond Sweeney, LLC, Richard […]

Board of Assessment Appeals of the State of Colorado, and Logan County Board of Equalization, Petitioners, v. E. E. Sonnenberg Sons, Inc., Respondent. No. 88SC558Supreme Court of Colorado. Decided September 10, 1990. Certiorari to the Colorado Court of Appeals Page 28 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

The Cooperative Finance Association, Inc., a Kansas corporation, successor in interest to Farmland Financial Services Company, Plaintiff-Appellee, v. B J Cattle Co. and Brett Bybee, Defendants-Appellants. No. 96CA0236Colorado Court of Appeals. April 17, 1997 Appeal from the District Court of Morgan County Honorable Douglas R. Vannoy, Judge No. 94CV54 Page 916 JUDGMENT AFFIRMED Kerr Friedrich […]

14 P.2d 1076 HAMMOND ET AL. v. HAMMOND, ADMINISTRATRIX ET AL. No. 12,715.Supreme Court of Colorado. Decided September 19, 1932. Action to set aside deeds. Judgment for plaintiffs. Affirmed. 1. DEEDS — Delivery. Where one executed deeds and delivered them to a third party with instructions to record them after his death, but continued to […]

The People of the State of Colorado, Complainant, v. Douglas Pooley, Attorney-Respondent. No. 96SA107Supreme Court of Colorado. Decided April 22, 1996 Original Proceeding in Discipline PUBLIC CENSURE Linda Donnelly, Disciplinary Counsel, John S. Gleason, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. Douglas Pooley, Pro Se, Denver, Colorado. EN BANC PER CURIAM [1] This lawyer […]

Jefferson County Board of County Commissioners, Petitioner-Appellee, and Colorado State Board of Assessment Appeals, Appellee, v. Property Tax Administrator, Respondent-Appellant, and Lutheran Medical Center, Intervenor-Appellant. No. 98CA0248Colorado Court of Appeals. June 24, 1999 Certiorari Denied December 6, 1999. OPINION PREVIOUSLY ANNOUNCED AS “NOT SELECTED FOR PUBLICATION” ON MAY 13, 1999 IS NOW SELECTED FOR PUBLICATION. […]

Concrete Contractors, Inc., and American Employers’ Insurance Company v. City of Arvada, Colorado, a municipal corporation No. 79SC307Supreme Court of Colorado. Decided January 5, 1981. Certiorari to the Colorado Court of Appeals Daniel, McCain Brown, Edward A. Brown, for petitioners. Benjamin King, Deputy City Attorney, for respondent. En Banc. CHIEF JUSTICE HODGES delivered the opinion […]

(356 P.2d 489) ESTHER CRYSTLE PICKETT v. CITY OF BOULDER. No. 18,585.Supreme Court of Colorado. Decided November 7, 1960. Defendant was convicted of violation of city traffic ordinance and brings error. Reversed. 1. MUNICIPAL CORPORATIONS — Traffic Ordinance — Violation — Summons — Sufficiency. A summons issued for a traffic ordinance violation, which is nothing […]

The People of the State of Colorado, Plaintiff-Appellee, v. Cris V. Caldwell, Defendant-Appellant. No. 99CA1092.Colorado Court of Appeals. September 13, 2001. Rehearing Denied November 29, 2001 Certiorari Denied April 15, 2002 El Paso County District Court No. 98CR4167 Honorable Douglas E. Anderson, Judge. JUDGMENT AFFIRMED Division II Plank and Ney, JJ., concur Page 664 [EDITORS’ […]

Jerry R. Bergeson and Sharon Bergeson, Plaintiffs-Appellees, v. Midway Development Co. No. 3, a Colorado limited partnership; Mike A. Leprino, individually, and as a general partner of Midway Development Co. No. 3; Ridgewood Realty, Inc., a Colorado corporation; and Elbert Wilcox, Defendants-Appellants. No. 90CA1085Colorado Court of Appeals. Decided August 1, 1991. Appeal from the District […]

The People of the State of Colorado, Plaintiff-Appellant, v. James Archie Barton, Defendant-Appellee. No. 83SA385Supreme Court of Colorado. Decided January 9, 1984. Page 1006 Interlocutory Appeal from the District Court of Adams County Honorable Philip F. Roan, District Judge James F. Smith, District Attorney, Steven L. Bernard, Chief Trial Deputy District Attorney, for plaintiff-appellant. David […]

(608 P.2d 378) In re the Marriage of: Theresa Lynn Lawson and Paul Brandt Lawson No. 79CA0166Colorado Court of Appeals. Decided March 6, 1980. In custody dispute, husband appealed an order denying his request to convert a one-year award of temporary custody of a child into a permanent award of custody. Order Set Aside 1. […]

(585 P.2d 932) Stephen V. Lipira v. City of Thornton No. 77-787Colorado Court of Appeals. Decided October 12, 1978. In personal injury action against city, trial court granted summary judgment for city on basis that its home rule charter requirement relative to notice of claim had not been complied with. Plaintiff appealed. Reversed 1. MUNICIPAL […]