Category: Colorado Court Opinions

The People of the State of Colorado, Plaintiff-Appellant, v. Cesar Caro, Defendant, and concerning Marta Caro, Surety-Appellee. No. 86SA312Supreme Court of Colorado. Decided March 14, 1988. Rehearing Denied April 4, 1988. Appeal from District Court, City and County of Denver Honorable John Brooks, Jr., Judge Page 197 Norman S. Early, Jr., District Attorney, Second Judicial […]

(565 P.2d 538) Governor Richard Lamm, State Treasurer Sam Brown, Secretary of State Mary Estill Buchanan, Attorney General J. D. MacFarlane, and State Auditor John Proctor, acting as the State Board of Equalization v. Ray Barber, Clear Creek County Assessor, Eugene Drinkhouse, Garfield County Assessor, and Fred Fernandez, Las Animas County Assessor No. 27448Supreme Court […]

Pamela Jean Moore, Plaintiff-Appellant, v. Fred Grossman, Defendant-Appellee. No. 90CA0366Colorado Court of Appeals. Decided April 25, 1991. Rehearing Denied August 29, 1991. Certiorari Denied February 3, 1992 (91SC573). Page 8 Appeal from the District Court of the City and County of Denver Honorable Daniel B. Sparr, Judge. Olsen and Brown, John R. Olsen, for Plaintiff-Appellant. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Phillip M. Montoya, Defendant-Appellant. No. 95CA0265Colorado Court of Appeals. December 27, 1996 Petition for Rehearing DENIED January 30, 1997 Certiorari Denied September 8, 1997. Appeal from the District Court of Pueblo County, Honorable John R. Tracey, Judge, No. 93CR1050. JUDGMENT AFFIRMED. Page 1288 [EDITORS’ NOTE: THIS […]

(394 P.2d 345) PHILIP C. PRATT v. BARBARA J. PRATT. No. 20625.Supreme Court of Colorado. Decided July 27, 1964. By writ of error divorced husband seeks reversal of order requiring him to pay certain sum monthly as alimony and support. Affirmed. 1. DIVORCE — Alimony — Support — Evidence — Sufficiency. Evidence was sufficient to […]

(371 P.2d 786) JOHN BIZUP, JR., v. PEOPLE OF THE STATE OF COLORADO No. 19,777.Supreme Court of Colorado. Decided May 28, 1962. Defendant was convicted of murder in the first degree and brings error. Affirmed. 1. HOMICIDE — Degree — Commission of Felony. Where the uncontradicted evidence is that a murder was perpetrated in the […]

Dean Graham, individually and d/b/a Elkhorn Stables; Jerry Zahourek, individually and d/b/a Elkhorn Lodge; and Associated Property Consultants, Petitioners, v. State of Colorado, acting by and on behalf of The University of Northern Colorado, Respondent. No. 96SC650Supreme Court of Colorado. April 6, 1998 Page 557 Certiorari to the Colorado Court of Appeals JUDGMENT AFFIRMED Clark […]

In re the Marriage of Lucia C. Schwaab, Appellant, and Donald R. Rollins, Appellee. No. 89CA0734Colorado Court of Appeals. Decided June 14, 1990. Appeal from the District Court of Larimer County Honorable James H. Hiatt, Judge Page 1113 Frey, Lach Michaels, P.C., Susan M. Lach, for Appellant. Wood, Herzog, Osborn Bloom, P.C., Charles S. Bloom, […]

488 P.2d 83 Colorado Civil Rights Commission, and Gerald M. Quiat, Willie Anthony, Winford M. Griffin, Rabbi Nathaniel Pollack, Mrs. Armando J. Sisneros, Max Torres, and Mrs. Ulys (Mahlon T.) White, Commissioners of said Commission, and Margarita I. (R.) Gallegos v. State of Colorado, by and through School District No. 1, Bent County, Stephen J. […]

(580 P.2d 1268) James W. Phelps v. Jaspar D. Gates a/k/a Jasper D. Gates and Mildred L. Gates No. 76-927Colorado Court of Appeals. Decided March 30, 1978. Petition for rehearing granted and prior opinion of December 15, 1978, withdrawn Rehearing denied June 1, 1978. Certiorari denied July 10, 1978. From summary judgment entered in favor […]

Edward D. Schmidt, Plaintiff-Appellant, v. Wendy Curtis Langel, Defendant-Appellee. No. 92CA2031Colorado Court of Appeals. Decided December 2, 1993. Rehearing Denied January 13, 1994. Certiorari Denied June 13, 1994. Appeal from the District Court of Gunnison County Honorable Thomas A. Goldsmith, Judge No. 92CV22 JUDGMENT REVERSED AND CAUSE REMANDED WITH DIRECTIONS Page 448 Jim Starr Associates, […]

(527 P.2d 890) World of Sleep, Inc., and Division of State Compensation Insurance v. Larry Paul Davis, and Industrial Commission of Colorado No. 74-068Colorado Court of Appeals. Decided August 13, 1974. Rehearing denied September 4, 1974. Certiorari granted November 4, 1974. From workmen’s compensation award based on finding that claimant had a 20 percent total […]

1 P.2d 925 MOISE BROTHERS COMPANY, INC. v. JAMISON. No. 12,487.Supreme Court of Colorado. Decided June 29, 1931. Action on draft and agreement to dismiss suit. Judgment for defendant. Affirmed. 1. TRIAL — Findings. A general finding of the court is equivalent to a special finding on every disputed fact. 2. APPEAL AND ERROR — […]

The People of the State of Colorado, In The Interest of M.C., Minor Child, Petitioner, and Concerning V.C., Respondent. No. 87SC379Supreme Court of Colorado. Decided May 30, 1989. Rehearing Denied June 26, 1989 (See 778 P.2d 1370) Certiorari to the Colorado Court of Appeals. Page 858 David F. Vela, Colorado State Public Defender, Victor E. […]

William Mamula, Petitioner, v. The People of the State of Colorado, Respondent. No. 91SC801Supreme Court of Colorado. Decided March 8, 1993. Certiorari to the Colorado Court of Appeals Page 1136 David F. Vela, Colorado State Public Defender, Patrick J. Mulligan, Deputy State Public Defender, for Petitioner. Donald E. Mielke, District Attorney, Donna Skinner Reed, Chief […]

The PEOPLE of the State of Colorado, Complainant v. Ronald Lawrence ROBERTS, Respondent. No. 10PDJ017.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. August 26, 2010. Page 556 Attorney Regulation. Following a Sanctions Hearing, the Presiding Disciplinary Judge disbarred Ronald Lawrence Roberts (Attorney Registration No. 21459) from the practice of law, effective […]

John L. Moss, Plaintiff-Appellee, v. Michael J. McDonald and Betty P. McDonald, Defendants-Appellants and Cross-Appellees, v. Union Oil Company of California, Additional Defendant-Appellee and Cross-Appellant. No. 87CA0854Colorado Court of Appeals. Decided October 13, 1988. Rehearing Denied November 17, 1988. Certiorari Denied 04/24/89 (88SC617). Appeal from the District Court of Mesa County Honorable William M. Ela, […]

137 P.2d 1023 PUTERBAUGH v. ODD FELLOWS BUILDING AND INVESTMENT COMPANY OF ENGLEWOOD, COLORADO. No. 15,331.Supreme Court of Colorado. Decided April 26, 1943. Rehearing denied May 17, 1943. Judgment affirmed en banc without written opinion. Error to the District Court of Arapahoe County, Hon. Samuel W. Johnson, Judge. Mr. JOHN T. DUGAN, for plaintiff in […]

Thomas E. Margenau, Plaintiff-Appellee, v. Leah M. Bowlin, Defendant-Appellant. No. 99CA0059Colorado Court of Appeals. August 31, 2000 Appeal from the District Court of Douglas County, Honorable John P. Leopold, Judge, No. 94CV477. JUDGMENT AFFIRMED Page 1215 Law Offices of David W. Doyle, LLC, David W. Doyle, Wheat Ridge, Colorado, for Plaintiff-Appellee Seaman and Giometti, P.C., […]

(571 P.2d 1086) Arthur Friedman v. Motor Vehicle Division of the Department of Revenue, State of Colorado No. 27565Supreme Court of Colorado. Decided November 7, 1977. Motor Vehicle Division suspended driver’s license for seven months and denied his request for a probationary license. On appeal, district court dismissed driver’s complaint, and he appealed. Reversed 1. […]

(589 P.2d 1385) The People of the State of Colorado v. Jose Reyes No. 77-736Colorado Court of Appeals. Decided January 11, 1979. Convicted of vehicular homicide, defendant appealed. Affirmed 1. AUTOMOBILES — Accident Reports — Persons Involved in Accident — Not Admissible — Distinguished — Police Investigation Reports — Public Records — — Admissible. Under […]

“Al” Hurricane, Plaintiff-Appellee, v. Public Employees’ Retirement Association of Colorado, and Public Employees’ Retirement Association Board, Defendants-Appellants. No. 83CA0403Colorado Court of Appeals. Decided December 6, 1984. Rehearing Denied January 17, 1985. Certiorari Denied August 19, 1985. Appeal from the District Court of the City and County of Denver Honorable Roger Cisneros, Judge Barry D. Roseman, […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Jeremy GARDNER, Defendant-Appellant. No. 09CA0085.Colorado Court of Appeals. March 4, 2010. Rehearing Denied April 22, 1010. Appeal from the District Court, City and County of Denver, Martin F. Egelhoff, J. Page 1263 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

(508 P.2d 782) The People of the State of Colorado v. Thomas Maestas No. 25273Supreme Court of Colorado. Decided April 2, 1973. Defendant was convicted of receiving stolen property knowing it to be stolen and appealed. Reversed 1. CRIMINAL LAW — Corpus Delicti — Proof — Extra-Judicial Confession — Insufficient. An accused’s extra-judicial confession or […]

(429 P.2d 279) Stanley R. Orth v. Carl F. Bauer. No. 21389.Supreme Court of Colorado. Decided June 19, 1967. Action by truck driver against automobile driver to recover damages for personal injuries arising out of an automobile collision. Judgment for defendant. Affirmed. 1. AUTOMOBILES — Collision — Highway — Car — Truck — Personal Injuries […]

In re the Marriage of Karen L. Fifield, Appellee, and William E. Fifield, Appellant. No. 88CA0522Colorado Court of Appeals. Decided June 22, 1989. Appeal from the District Court of San Miguel County Honorable Richard J. Brown, Judge. Page 1168 Tisdel Hockersmith, Robert B. Burns, for Appellee. Cashen Cheney, Thomas F. Cheney, for Appellant. Division III. […]

In the Matter of the Estate of: Geneva Roddy, Deceased. Ruth Kenney, Claimant-Appellant and Cross-Appellee, v. Helen Peitersen, Personal Representative-Appellee and Cross-Appellant. No. 88CA1392Colorado Court of Appeals. Decided October 12, 1989. Rehearing Denied November 24, 1989. Page 842 Appeal from the District Court of Jefferson County Honorable Winston W. Wolvington, Judge Keene, Munsinger Smith, Stephen […]

(434 P.2d 412) Buck Realty, Truman B. Buchanan, and Dolores B. Kopel, Trustee in Bankruptcy for Franklin E. Bauserman v. John G. Wilson and Margaret A. Wilson. No. 21400.Supreme Court of Colorado. Decided November 13, 1967. Rehearing denied December 18, 1967. Action by vendors to enforce payment of check received by them from realty company […]

195 P.2d 975 CROSS v. McNICHOLS, AUDITOR. No. 16,020.Supreme Court of Colorado. Decided June 28, 1948. Rehearing denied July 26, 1948. An action to compel an auditor to issue a city warrant for the payment of money to plaintiff alleged to be due as a moral obligation. Judgment of dismissal. Affirmed. 1. PUBLIC OFFICERS — […]

The People of the State of Colorado, Plaintiff-Appellee, v. Richard Guy Deeds, Defendant-Appellant. No. 83CA0080Colorado Court of Appeals. Decided July 3, 1985. Rehearing Denied August 15, 1985. Certiorari Granted Deeds January 27, 1986 (85SC336). Appeal from the District Court of Baca County Honorable John C. Statler, Judge Page 1056 Duane Woodard, Attorney General, Charles B. […]

47 P.2d 412 WADE ET AL. v. STATE OF COLORADO. No. 13,658.Supreme Court of Colorado. Decided May 6, 1935. Rehearing denied July 1, 1935. Suit by the state against a distributor of motor fuel and sureties on its bond to recover amount of state tax collected. Judgment for plaintiff. Affirmed. 1. TAXES AND TAXATION — […]

205 P.2d 236 LOUNDER v. JACOBS. No. 16,043.Supreme Court of Colorado. Decided April 4, 1949. An action for damages for malicious prosecution. Judgment for plaintiff. Affirmed. 1. APPEAL AND ERROR — Evidence — Verdicts. Verdicts which are based upon conflicting evidence, and which are sufficiently supported thereby, will not be disturbed on review. 2. ACTIONS […]

(260 P.2d 608) ZLATIN v. LEYNER ET AL. No. 16,992.Supreme Court of Colorado. Decided July 20, 1953. An action for damages for injuries resulting to plaintiff in a personal assault upon him by defendants. Judgment for defendants. PER CURIAM. Judgment affirmed en banc without written opinion; Mr. Justice Bradfield not participating. Error to the District […]

96 P.2d 889 McNEIL COAL CORPORATION ET AL. v. INDUSTRIAL COMMISSION ET AL. No. 14,651.Supreme Court of Colorado. Decided November 27, 1939. A proceeding under the Workmen’s Compensation Act. Judgment for claimant. Affirmed. 1. WORKMEN’S COMPENSATION — Safety Rules. Although the adoption of a safety rule by an employer does not have to be in […]

(572 P.2d 493) Melvin R. Hoagland, Jr., and Arlene S. Hoagland v. Celebrity Homes, Inc., a Delaware corporation No. 77-147Colorado Court of Appeals. Decided November 17, 1977. In action for breach of warranty of workmanlike construction, trial court entered judgment in favor of homeowners against builder-vendor of the house, and builder-vendor appealed. Affirmed 1. VENDOR […]

Electron Corporation, Petitioner, v. Alex Wuerz, The Industrial Claim Appeals Office of the State of Colorado, and The Colorado Division of Labor, Respondents. No. 90CA2156Colorado Court of Appeals. Decided September 26, 1991. Review of Order from the Industrial Claim Appeals Office of the State of Colorado. Glasman, Jaynes McBride, Pamela L. Musgrave, for Petitioner. Thomas […]

Ash Apartments, a Limited Partnership, Pine Apartments, a Limited Partnership, Willow Apartments, a Limited Partnership, and Ranbir Sahni, Plaintiffs-Appellants, v. Benjamin Martinez, a/k/a D. Benjamin Martinez, Defendant-Appellee. No. 82CA0271Colorado Court of Appeals. Decided September 2, 1982. Rehearing denied October 14, 1982. Certiorari denied January 10, 1983. Appeal from the District Court of the City and […]

72 P.2d 1118 COUNTY COURT IN AND FOR THE COUNTY OF CONEJOS v. PEOPLE EX REL. BOOTH. No. 14,210.Supreme Court of Colorado. Decided October 18, 1937. Judgment affirmed en banc on application for supersedeas without written opinion. Mr. Justice Young not participating. Error to the District Court of Conejos County, Hon. John B. O’Rourke, Judge. […]

The People of the State of Colorado, Complainant, v. Brian K. Fahselt, Attorney-Respondent. No. 90SA447Supreme Court of Colorado. Decided March 18, 1991. Original Proceeding in Discipline. Linda Donnelly, Disciplinary Counsel, John S. Gleason, Assistant Disciplinary Counsel, for Complainant. Bender Treece, P.C., Michael L. Bender, for Respondent. EN BANC JUSTICE VOLLACK delivered the Opinion of the […]

Jim Gruntmeir, Petitioner, v. Tempel Esgar, Inc.; State Compensation Insurance Fund; The Industrial Commission of the State of Colorado; Charles McGrath, Director of the Division of Labor; Gary B. Rose, Mike Baca, and Robert Knous, Sr., as Commissioners of the Industrial Commission of the State of Colorado, Respondents. No. 85CA1277Colorado Court of Appeals. Decided September […]

The People of the State of Colorado, Plaintiff-Appellee, v. Andrew J. Olson, Defendant-Appellant. No. 94CA1716Colorado Court of Appeals. Decided April 18, 1996 Petition for Rehearing DENIED June 27, 1996 Appeal from the District Court of Jefferson County, Honorable Michael C. Villano, Judge, No. 94CR578. JUDGMENT AFFIRMED Page 52 Gale A. Norton, Attorney General, Stephen K. […]

Carolynne M. Smith, Plaintiff-Appellant, v. Board of Education of School District Fremont RE-1, a/k/a Canon City RE-1 School District, in its official capacity; and Frank Cooper, Ron Minty, and Jack Brown, in their individual capacities, Defendants-Appellees. No. 02CA0552.Colorado Court of Appeals. July 17, 2003. Certiorari denied February 9, 2004 Page 1158 Fremont County District Court […]

(357 P.2d 358) C. V. HALLENBECK v. GRANBY DITCH AND RESERVOIR COMPANY. No. 18,921.Supreme Court of Colorado. Decided November 28, 1960. Rehearing denied December 23, 1960. Petition for a decree permitting storage of decreed water in reservoirs in sequence or location desired by petitioner within system. Reversed. 1. WATER RIGHTS — Reservoirs — Storage — […]

James B. Potter and Mescal J. Potter, Plaintiffs-Appellants, v. Willard Thieman, Vicki Corley and Lynn Kaatz, d/b/a Daddio’s Lounge, Defendants-Appellees and Third-Party Plaintiffs-Appellants, v. C.B. Potter, and the City of Colorado Springs, Third-Party Defendants-Appellees. No. 87CA1021 No. 87CA1081Colorado Court of Appeals. Decided January 5, 1989. Rehearing Denied February 2, 1989. Appeal from the District Court […]

(501 P.2d 1041) The People of the State of Colorado v. Raymond Paul Barker No. 25020Supreme Court of Colorado. Decided October 10, 1972. Defendant was convicted of three robberies which did not occur on the same days and which involved three different victims. All three cases were consolidated for trial over defendant’s objection and a […]

The Douglas County Board of Commissioners, Petitioner-Appellee, v. The Public Utilities Commission of the State of Colorado and Commissioners Arnold H. Cook, Ronald L. Lehr, and Gary L. Nakarado, Respondents-Appellants, and The Public Service Company of Colorado, Respondent-Appellant. No. 91SA79Supreme Court of Colorado. Decided May 11, 1992. Opinion Modified, and as Modified Rehearing Denied June […]

Leonard Roy Merritt, Petitioner, v. The People of the State of Colorado, Respondent. No. 91SC597Supreme Court of Colorado. Decided November 23, 1992. Rehearing Denied January 11, 1993. Certiorari to the Colorado Court of Appeals Page 163 David F. Vela, Colorado State Public Defender, David M. Furman, Deputy State Public Defender, for Petitioner. Gale A. Norton, […]

The People of the State of Colorado, Plaintiff-Appellee, v. Edward Flysaway, Defendant-Appellant. No. 88CA1899Colorado Court of Appeals. Decided August 30, 1990. Rehearing Denied October 4, 1990. Certiorari Denied March 25, 1991 (90SC673). Appeal from the District Court of the City and County of Denver Honorable Larry J. Naves, Judge. Page 1180 Duane Woodard, Attorney General, […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Christine Anita GALLEGOS, Defendant-Appellant. No. 07CA1299.Colorado Court of Appeals. February 19, 2009. Appeal from the District Court, Arapahoe County, Cheryl L. Post, J. Page 1113 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]

Helen D. Knight, Claimant in the Matter of the Death of William S. Knight, Petitioner, v. Department of Natural Resources, Division of Wildlife and State Compensation Insurance Fund, and The Industrial Commission of Colorado, Respondents. No. 83CA1242Colorado Court of Appeals. Decided September 6, 1984. Review of Order from the Industrial Commission of the State of […]

J. Brian Ehrle, Complainant-Appellee, and State Personnel Board, Appellee, v. Department of Administration, Respondent-Appellant. No. 91CA0091Colorado Court of Appeals. Decided October 8, 1992. Rehearing Denied December 3, 1992. Appeal from the Colorado State Personnel Board Page 1268 George C. Price, for Complainant-Appellee. No Appearance for Appellee. Page 1269 Gale A. Norton, Attorney General, Raymond T. […]

M Life Insurance Company, a Colorado corporation, doing business in Colorado, Plaintiff-Appellant, v. Sapers Wallack Insurance Agency, Inc., Defendant-Appellee, and concerning Rebecca G. Gannon and Frederick Y. Yu, Appellants. No. 97CA0512Colorado Court of Appeals. Division V. August 6, 1998 Appeal from the District Court of the City and County of Denver, Honorable Robert P. Fullerton, […]

(363 P.2d 492) GLENN B. WILSON, D/B/A GLENN B. WILSON EMPLOYMENT SPECIALISTS v. GRADY W. PERKINS. No. 19,374.Supreme Court of Colorado. Decided July 10, 1961. Rehearing denied July 31, 1961. Action by employment agency to recover placement fee. Judgment for defendant. Affirmed 1. CONTRACTS — Employment Agency — Placement — Fees. In action for fee […]

117th Associates, Petitioner-Appellee, and The State Board of Assessment Appeals, Appellee, v. Jefferson County Board of Equalization, Respondent-Appellant. No. 90CA0622Colorado Court of Appeals. Decided April 25, 1991. Appeal from the Jefferson County Board of Assessment. Page 462 No Appearance for Petitioner-Appellee. Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, […]

(611 P.2d 969) The People of the State of Colorado v. Michael Coto and Janie Coto No. 80SA30Supreme Court of Colorado. Decided May 19, 1980. Interlocutory appeal by the People after trial judge suppressed evidence seized in a search of the residence of the defendants. Ruling Affirmed 1. ARREST — Private Residence — Entry — […]

Genevieve Armstead, Plaintiff-Appellant, v. Memorial Hospital and the City of Colorado Springs, Defendants-Appellees. No. 94CA0420Colorado Court of Appeals. Decided February 23, 1995 Appeal from the District Court of El Paso County Honorable Steven T. Pelican, Judge No. 93CV1787. JUDGMENT AFFIRMED. Page 451 Turman Associates, Robert Lloyd Turman, Colorado Springs, Colorado, for Plaintiff-Appellant. Retherford, Mullen, Johnson […]

C. Carlton Smith, Petitioner, v. The Industrial Commission of the State of Colorado; Shull Construction Company; and West American Insurance Company, Respondents. No. 86CA0958Colorado Court of Appeals. Decided December 24, 1986. Rehearing Denied January 29, 1987. Certiorari Denied Smith April 20, 1987 (87SC69). Review of Order from the Industrial Commission of the State of Colorado […]

The People of the State of Colorado, Petitioner, v. Norman Wayne Wilson, Respondent. No. 91SC338Supreme Court of Colorado. Decided September 21, 1992. Opinion Modified, and as Modified Rehearing Denied October 13, 1992. Certiorari to the Colorado Court of Appeals David F. Vela, Colorado State Public Defender, Beth L. Krulewitch, Deputy State Public Defender, for Petitioner. […]

60 P.2d 225 LUTTRELL ET AL. v. LONDON AND PROVINCIAL MARINE AND GENERAL INSURANCE COMPANY. No. 13,936.Supreme Court of Colorado. Decided July 27, 1936. On motion to dismiss writ of error. Motion Denied. 1. APPEAL AND ERROR — Appellate Practice. Where a case is tried upon a written stipulation of facts, on presentation for review, […]

Arthur M. Nieto, Plaintiff-Appellee and Cross-Appellant, v. State of Colorado and Department of Corrections, Defendants-Appellants and Cross-Appellees, and Marian Norman and Mike Farrow, Defendants and Cross-Appellees. No. 96CA0982Colorado Court of Appeals. October 2, 1997 Petition for Rehearing DENIED October 10, 1997 Petition for Writ of Certiorari GRANTED March 23, 1998. Appeal from the District Court […]

The People of the State of Colorado, Plaintiff-Appellant, v. Damon Lamar Ware, Defendant-Appellee. No. 00CA1954Colorado Court of Appeals. December 20, 2001 Arapahoe County District Court No. 99CR1692, Honorable Gerald J. Rafferty, Judge ORDER AFFIRMED Page 1278 James J. Peters, District Attorney, John A. Topolnicki, Chief Deputy District Attorney, Englewood, Colorado, for Plaintiff-Appellant Seawell, Gilbertson Buckmelter, […]

87 P.2d 751 SMITH-McCORD-TOWNSEND COMPANY v. CAMENGA. No. 14,351.Supreme Court of Colorado. Decided February 20, 1939. Action to recover interest on an open book account. Judgment of dismissal. Affirmed. 1. PRINCIPAL AND AGENT — Knowledge of Agent — Evidence. A court may rightfully assume that the manager of a mercantile corporation is conversant with its […]

James G. Schnell and Ann H. Schnell v. Velmar O. Gustafson and Barbara Lee Gustafson, and Homequity, Inc. No. 80CA0879Colorado Court of Appeals. Decided December 24, 1981. Appeal from the District Court of LaPlata County, Honorable Frederic B. Emigh, Judge. Page 851 Duncan and Chew, Rick Chew, for plaintiffs-appellants. Hamilton, Hamilton, Shand McLachlan, P.C., E. […]

(389 P.2d 589) J. B. BUCHANAN, D/B/A BUCK REALTY CO., ET AL., v. THE DISTRICT COURT OF THE CITY AND COUNTY OF DENVER, ET AL. No. 21,093.Supreme Court of Colorado. Decided February 24, 1964. Original proceeding challenging validity of appeal from County to District Court. Rule to show cause issued. Rule Discharged. 1. APPEAL AND […]

(382 P.2d 191) LILLIAN GREENBERG v. IRENE TAYLOR. No. 20,122.Supreme Court of Colorado. Decided May 20, 1963. Rehearing denied June 17, 1963. Action to establish easement. From a judgment of dismissal entered on motion for summary judgment the plaintiff brings error. Reversed. 1. EASEMENTS — Prior Action — Issues — Res Judicata. An action to […]

148 P.2d 581 TALLMAN v. SMITH ET AL. No. 15,107.Supreme Court of Colorado. Decided April 10, 1944. An action to obtain a declaratory judgment defining the rights of the parties to a sales contract. Judgment for defendants. Affirmed. 1. CONTRACTS — Breach — Waiver — Consideration. Where a party to a contract waives a breach […]

(367 P.2d 896) ALBERT JOHNSON v. THE PEOPLE OF THE STATE OF COLORADO. No. 19,853.Supreme Court of Colorado. Decided December 18, 1961. Rehearing denied January 29, 1962. Defendant was convicted of aggravated robbery and brings error. Affirmed. 1. CRIMINAL LAW — Defendant — Cross-examination — Prejudice — Motion for Mistrial — Denial. In a prosecution […]

Shelter Mutual Insurance Company, Petitioner, v. Winnie Tam, Respondent. No. 90SC188Supreme Court of Colorado. Decided May 20, 1991. Rehearing Denied June 10, 1991. Certiorari to the Colorado Court of Appeals. Page 389 Greengard, Senter, Goldfarb Rice, Thomas S. Rice, Mark C. Overturf, Ross L. Libenson, Peter H. Doherty, for Petitioners. Moyer, Beal Vranesic, John R. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Jeanette McCarty, Defendant-Appellant. No. 91CA1378Colorado Court of Appeals. Decided August 13, 1992. Rehearing Denied October 29, 1992. Certiorari Granted May 10, 1993 (92SC782). Certiorari Granted on the following issues: Whether a new sentencing hearing is required on resentencing after revocation of probation. Whether the trial court […]

249 P.2d 540 CARROLL v. FIRST NATIONAL BANK IN LOVELAND ET AL. No. 16,723.Supreme Court of Colorado. Decided October 14, 1952. An action on a promissory note and for foreclosure of a chattel mortgage securing payment of same. Judgment for plaintiff. Affirmed. 1. TRIAL — Summary Judgment. Where “there appears to be no genuine issue […]

(525 P.2d 1161) The People of the State of Colorado v. Jack LaRoy Hosier No. 25918Supreme Court of Colorado. Decided September 3, 1974. Defendant was convicted of second-degree murder of a two-year-old child and appealed. Affirmed 1. HOMICIDE — Second-Degree Murder — Malice — Implied — Question of Fact. Whether malice is to be implied […]

(596 P.2d 70) Amco Electric Company, Inc., a Colorado corporation v. First National Bank of Denver and Percy Wilson Mortgage Finance Corporation v. Franklin Contract Sales Co. No. 77-1065Colorado Court of Appeals. Decided January 25, 1979. Rehearing denied March 8, 1979. Certiorari granted June 18, 1979. Holders of deeds of trust appealed a judgment approving […]

50 P.2d 531 COMSTOCK, EXECUTRIX v. OLNEY SPRINGS DRAINAGE DISTRICT. No. 13,464.Supreme Court of Colorado. Decided October 7, 1935. Suit to quiet title, involving the question as to whether a treasurer’s deed to land, issued on default of payment of assessments levied for drainage district purposes, conveyed to the grantee water rights, and certificates of […]

(591 P.2d 91) The People of the State of Colorado v. James A. Weeks No. 28190Supreme Court of Colorado. Decided February 26, 1979. Rehearing denied March 19, 1979. Appeal by the prosecution to review an order dismissing five counts of an information which charged violations of section 18-9-111(1)(e), C.R.S. 1973 (1976 Supp.) (telephone harassment). Ruling […]

75 P.2d 144 NATIONAL LUMBER AND CREOSOTING COMPANY ET AL. v. KELLY ET AL. No. 14,239.Supreme Court of Colorado. Decided December 27, 1937. Rehearing denied January 17, 1938. Proceeding under the Workmen’s Compensation Act. Judgment for claimant. Affirmed. 1. WORKMEN’S COMPENSATION — Medical Treatment — Commission Discretion. Whether or not a claimant under the Workmen’s […]

32 P.2d 832 DETROIT FIRE AND MARINE INSURANCE COMPANY v. GAGLIARDI ET AL. No. 13,027.Supreme Court of Colorado. Decided March 12, 1934. Rehearing denied April 30, 1934. Dissenting opinion filed June 2, 1934. Action on fire insurance policy. Judgment for plaintiffs. Affirmed. 1. INSURANCE — Fire Loss — Harmless Misrepresentation. In an action on a […]

(342 P.2d 642) LEE VERNON REED, ET AL. v. CITY AND COUNTY OF DENVER. No. 18,258.Supreme Court of Colorado. Decided August 3, 1959. Defendants were convicted of operating a gambling house and of vagrancy under a city ordinance and bring error. Affirmed in Part, Reversed in Part. 1. GAMING — Keeping Gambling House — Findings […]

John Kriss, individually and as Personal Representative of the Estate of Stella Kriss, Deceased, Plaintiff-Appellant, v. Mineral Rights, Inc., a Colorado corporation; Jack D. Larsen; Cross Timbers Oil Company, a Delaware corporation; Frances E. Rader; Charles F. Doornbos, individually and as Trustee of the Charles F. Doornbos Revocable Trust; Coleman Morton; Louis Taubman, individually and […]

The People of the State of Colorado, Plaintiff-Appellee, v. Terry Lynn Franklin, Defendant-Appellant. No. 86CA1260Colorado Court of Appeals. Decided January 26, 1989. Rehearing Denied March 9, 1989. Certiorari Denied July 31, 1989 (89SC194). Appeal from the District Court of El Paso County Honorable Matt M. Railey, Judge Page 1203 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

4 P.2d 917 TRIPP v. INDUSTRIAL COMMISSION ET AL. No. 12,867.Supreme Court of Colorado. Decided October 13, 1931. Rehearing denied November 9, 1931. Proceeding under the Workmen’s Compensation Act. Judgment of district court affirming holding of the commission that it had no jurisdiction. Affirmed. 1. WORKMEN’S COMPENSATION — Employee — Residence. Under the Colorado Workmen’s […]

Safeway Stores, Inc., Petitioner, v. Robert J. Husson, Director of the Division of Labor, The Industrial Commission of the State of Colorado, and Tammy Tucker Nelson, Respondents. No. 86CA0538Colorado Court of Appeals. Decided October 30, 1986. Rehearing Denied November 20, 1986. Certiorari Denied Nelson February 17, 1987 (86SC411). Review of Order from the Industrial Commission […]

Cheryl Erbe, Plaintiff-Appellant, v. Colorado Department of Revenue, Motor Vehicle Division, Hearing Section; and Kenneth Wynkoop, Chief Hearing Officer, Defendants-Appellees. No. 01CA0566Colorado Court of Appeals. June 20, 2002 Page 1097 Boulder County District Court Nos. 00CV0272 00CV0372; Honorable Daniel C. Hale, Judge. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS. Wollrab and Associates, P.C., James C. […]

(301 P.2d 719) SCIENTIFIC PACKAGES, INC., ET AL. v. M. B. GWINN, ET AL. No. 17,743.Supreme Court of Colorado. Decided September 24, 1956. Action to compel compliance with restrictive covenant in option contract. Judgment for defendants. Affirmed. 1. CONTRACTS — Specific Performance — Option. One who seeks specific performance of a contract, must allege and […]

520 P.2d 596 Jordon PERLMUTTER et al., Plaintiffs-Appellees, v. Warren A. FLICKINGER, d/b/a Warren A. Flickinger Associates, Defendant-Appellant, and Riebe and Bowman, Inc., a Colorado corporation, Defendant. No. 72-415.Colorado Court of Appeals. Division II. Rehearing Denied February, 13, 1974, Certiorari Denied April 15, 1974. January 22, 1974. Not Selected for Official Publication. 1. Evidence 538 […]

Cheryl A. KENDRICK, Plaintiff-Appellant, v. Holly L. PIPPIN, Defendant-Appellee. No. 08CA1487.Colorado Court of Appeals. August 6, 2009. Appeal from the District Court, Larimer County, Stephen J. Schapanski, J. Page 381 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 382 [EDITORS’ NOTE: THIS […]

Robert E. Bresciani; Annette Bresciani; Shannon Minnerly and Melanie Minnerly, minor children, by and through their next friends, Robert E. Bresciani and Annette Bresciani, Plaintiffs-Appellees, v. William Haragan, Deputy with El Paso County Sheriff’s Department; Les Milligan, Deputy with El Paso County Sheriff’s Department; and Jim Catazaro, Deputy with El Paso County Sheriff’s Department, Defendants-Appellants. […]

(532 P.2d 51) Board of County Commissioners of Pitkin County v. Friedl Pfeifer and Capital Improvement Corporation, a Texas corporation No. 74-128Colorado Court of Appeals. Decided December 10, 1974. Rehearing denied December 31, 1974. Certiorari granted March 10, 1975. Because sale of property was allegedly in violation of certain county subdivision regulations and state subdivision […]

246 P.2d 616 KISTLER v. NORTHERN COLORADO WATER CONSERVANCY DISTRICT. No. 16,736.Supreme Court of Colorado. Decided June 23, 1952. A proceeding in eminent domain. The jury returned its verdict describing the property taken, fixing the compensation for the lands taken, and damage to the residue. Affirmed. 1. WATER CONSERVANCY DISTRICTS — Definition. A water conservancy […]

(501 P.2d 744) The City of Lakewood, a municipal corporation of the State of Colorado v. Charles Edward Pillow No. C-164Supreme Court of Colorado. Decided October 10, 1972. Respondent was convicted in municipal court of violation of city ordinance which makes it unlawful to possess a dangerous or deadly weapon and appealed. The district court […]

The People of the State of Colorado, Plaintiff-Appellee, v. Ronald B. Tippett, Defendant-Appellant. No. 86SA3Supreme Court of Colorado. Decided March 9, 1987. Rehearing Denied April 6, 1987. Appeal from District Court, Boulder County Honorable Richard C. McLean, Judge Page 1184 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

Robert Lee Van Gerpen v. Maurice Peterson, Hearing Examiner for the State of Colorado, Department of Revenue, Motor Vehicle Division No. 79SA546Supreme Court of Colorado. Decided November 17, 1980. Appeal from the District Court of the County of Larimer, Honorable William F. Dressel, Judge. King and Wallin, Tad Wallin, for plaintiff-appellant. J. D. MacFarlane, Attorney […]

(457 P.2d 698) The People of the State of Colorado in the Interest of an Unborn Child, upon the Petition of Shelba J. Estergard v. Gerald Edward Estergard. No. 23952.Supreme Court of Colorado. Decided August 5, 1969. Action to determine paternity of an unborn child and for an order of support. Juvenile court dismissed the […]

(365 P.2d 893) NICHOLAS J. LANDFORD v. THE PEOPLE OF THE STATE OF COLORADO. No. 19,699.Supreme Court of Colorado. Decided October 30, 1961. Rehearing denied November 20, 1961. Defendant was convicted of aggravated robbery and brings error. Affirmed. 1. CRIMINAL LAW — Trial — Plea — Failure to Enter — Statute. Where defendant proceeded to […]