Category: Colorado Court Opinions

(536 P.2d 837) Colorado Springs Coach Company, a Colorado corporation, and Byron Cowart v. State of Colorado Civil Rights Commission and Raymond Wendell Holmes No. 74-426Colorado Court of Appeals. Decided March 11, 1975. Rehearing denied April 1, 1975. Certiorari denied July 7, 1975. Although Industrial Commission determined that discharged employee was not entitled to unemployment […]

The PEOPLE of the State of Colorado, Complainant v. Judith Anne EATON, Respondent. No. 09PDJ099.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. Court of Colorado. July 23, 2010. Page 1283 Attorney Regulation. Following a Sanctions Hearing, the Presiding Disciplinary Judge suspended Judith Anne Eaton (Attorney Registration No. 14783) from the practice […]

(443 P.2d 723) John Thomas Noonen v. Betty Lorene Noonen. No. 21984.Supreme Court of Colorado. Decided July 15, 1968. From an order of the trial court modifying, by way of increasing, an earlier order relating to support money for the three minor children of the parties, the ex-husband brought error. Affirmed in Part, Reversed in […]

(274 P.2d 602) FERKOVICH v. FERKOVICH. No. 17,295.Supreme Court of Colorado. Decided September 27, 1954. An action for divorce and for an order awarding custody of minor children. Judgment of dismissal, and an order entered awarding custody of the minor children to plaintiff wife. Reversed. 1. DIVORCE AND ALIMONY — Court Authority. In a divorce […]

Denver Area Labor Federation, AFL-CIO, a Colorado corporation; and Jack Hawkins, Petitioners-Appellants, v. Natalie Meyer, Secretary of State for the State of Colorado, and Colorado Compensation Insurance Authority, Respondents-Appellees. No. 94CA0319Colorado Court of Appeals. Decided March 9, 1995. Opinion Modified, and as Modified, Petition for Rehearing DENIED April 13, 1995. Certiorari granted November 28, 1995. […]

The People of the State of Colorado v. The Honorable Thomas R. Ensor, County Court Judge No. 80CA0833Colorado Court of Appeals. Decided July 23, 1981. Appeal from the District Court of Adams County, Honorable Jean J. Jacobucci, Judge. Paul Q. Beacom, District Attorney, Marc P. Mishkin, Deputy District Attorney, Steven Bernard, Deputy District Attorney, for […]

The People of the State of Colorado, Petitioner-Appellant, v. Robert Edward Walters, Respondent-Appellee. No. 87SA134Supreme Court of Colorado. Decided February 21, 1989. Appeal from District Court, Adams County Honorable Phillip F. Roan, Judge Page 1231 James F. Smith, District Attorney, Steven L. Bernard, Chief Trial Deputy, N. Lucinda Gilroy, Deputy District Attorney, for Petitioner-Appellant. David […]

(296 P.2d 460) WESTERN HOMES, INC., ET AL. v. DISTRICT COURT OF THE CITY AND COUNTY OF DENVER, ET AL. No. 17,834.Supreme Court of Colorado. Decided March 12, 1956. Rehearing denied March 26, 1956. Original proceeding in the nature of prohibition. Rule Discharged. 1. PLEADING — Parties — Allegations of Fraud. In an action by […]

Western Cities Broadcasting, Inc., Plaintiff-Appellee and Cross-Appellant, v. William J. Schueller d/b/a Eldorado Communications, Defendant-Appellant and Cross-Appellee. No. 89CA1590 No. 89CA1863Colorado Court of Appeals. Decided October 24, 1991. Rehearing Denied November 29, 1991. Certiorari Granted June 8, 1992 (91SC790). Certiorari Granted on the following issues: Whether the burden of establishing and proving damages announced by […]

The People of the State of Colorado, Complainant, v. James E. Tatum, Attorney-Respondent. No. 91SA107Supreme Court of Colorado. Decided July 15, 1991. Original Proceeding in Discipline. Linda Donnelly, Disciplinary Counsel, James C. Coyle, Assistant Disciplinary Counsel, for Complainant. Attorney-Respondent appearing pro se. EN BANC JUSTICE KIRSHBAUM delivered the Opinion of the Court. [1] A formal […]

Gold Star Sausage Company, a Colorado corporation, Plaintiff-Appellant, v. Jerry C. Kempf, Manager of Revenue, City and County of Denver, and the Department of Revenue, City and County of Denver, Defendants-Appellees. No. 83CA0626Colorado Court of Appeals. Decided March 8, 1984. Appeal from the District Court of the City and County of Denver Honorable Robert T. […]

(532 P.2d 335) Richard E. Drake, a minor, by and through his parents and next of kin, Eugene Drake and Carol Drake, and Eugene Drake and Carol Drake, individually v. Richard Theodore Albeke No. 26323Supreme Court of Colorado. Decided March 3, 1975. Action by plaintiff, a minor, by and through his parents to recover damages […]

(282 P.2d 1096) NORMAN EARL MILES v. THE PEOPLE OF THE STATE OF COLORADO. No. 17,489.Supreme Court of Colorado. Decided April 25, 1955. Rehearing denied May 16, 1955. Plaintiff in Error was found guilty of aggravated robbery. Affirmed. 1. CRIMINAL LAW — Confession — Admissibility. Where there is evidence, not sufficient to exclude an alleged […]

Carl Prutch and Sam Prutch, Co-Partners, d/b/a Diamond Trading Co. v. Ford Motor Company, a corporation No. C-1440Supreme Court of Colorado. Decided October 20, 1980. Rehearing denied November 10, 1980. Certiorari to the Colorado Court of Appeals Page 658 Charles J. Haase, for petitioners. Shafroth and Toll, P.C., Frank H. Shafroth, Herbert A. Delap, for […]

66 P.2d 536 ANNEAR, STATE AUDITOR ET AL. v. McKELVEY. No. 14,113.Supreme Court of Colorado. Decided March 22, 1937. A proceeding involving the application of defendant in error for an annuity under the provisions of a statutory act for the pensioning of certain state employees after retirement from service. The district court ordered the granting […]

(464 P.2d 859) Grant Investments Co., a Colorado corporation v. Fuller Company, a Colorado corporation. No. 23269.Supreme Court of Colorado. Decided February 2, 1970. Opinion modified and as modified rehearing denied February 24, 1970. Action by real estate broker to recover a commission. From an order of the trial court denying a motion to dissolve […]

(493 P.2d 1356) Bobby Eugene Salas v. The People of the State of Colorado No. 24107Supreme Court of Colorado. Decided February 22, 1972. Defendant was convicted of assault to rob and assault and brought error. Reversed 1. CRIMINAL LAW — Testimony — Witness — Previous Trial — Conviction — Prejudicial — Mistrial — Proper. Where […]

Richard W. Brace, Plaintiff-Appellee, v. The City of Lakewood, a Colorado municipal corporation; Walter C. Kane, individually and in his official capacity as City Manager; James M. Zelenski, individually and in his official capacity as Assistant City Manager; and Linda Shaw, Gordon Garrett, Norma Beard, David Larkin, Linda Morton, Tom Leadabrand, Harold Scatterday, Dennis Mateski, […]

David Lee Floyd, Petitioner in 85SC36, v. Michael J. Bartley, Respondent in 85SC36, and Skip’s Liquors, Inc., Petitioner in 85SC37, v. Michael J. Bartley, Respondent in 85SC37. No. 85SC36 No. 85SC37Supreme Court of Colorado. Decided November 17, 1986. Certiorari to the Colorado Court of Appeals Page 1110 Lance M. Sears, Benjamin S. Waxman, for Petitioner […]

Marvin Sherman and Marie Sherman, Plaintiffs-Appellants, v. The City of Colorado Springs Planning Commission and The City Council of the City of Colorado Springs, Defendants-Appellees. No. 85CA0363Colorado Court of Appeals. Decided July 17, 1986. Rehearing Denied August 14, 1986. Certiorari Granted Sherman December 15, 1986 (86SC306). Certiorari granted on following issues: Whether the relief sought […]

35 P.2d 1020 MYERS ET AL. v. COLORADO PULP AND PAPER COMPANY ET AL. No. 13,556.Supreme Court of Colorado. Decided July 23, 1934. Rehearings denied September 10, 1934. Suit by creditors to recover interest on adjudicated claims. Interest disallowed. Reversed. On Application for Supersedeas. 1. STIPULATIONS — Parties. Litigants who are not parties to a […]

40 P.2d 968 DAVIS v. THE PEOPLE. No. 13,606.Supreme Court of Colorado. Decided January 28, 1935. Plaintiff in error was convicted of obtaining property by means of a confidence game. Reversed. 1. CRIMINAL LAW — Confidence Game — Definition. A confidence game involves the use of some false or bogus means, token, symbol or device, […]

Westman Commission Company, Plaintiff-Appellee, v. Irma L. Schaerrer, Defendant-Appellant. No. 85CA1760Colorado Court of Appeals. Decided July 2, 1987. Rehearing Denied July 30, 1987. Certiorari Granted Schaerrer January 11, 1988 (87SC315). Appeal from the District Court of the City and County of Denver Honorable Edward E. Carelli, Judge Page 1317 Lirtzman Nehls, P.C., Joan M. Norman, […]

In re the Marriage of Kim M. Martin, Appellee, and Robert D. Martin, Appellant. No. 00CA0056Colorado Court of Appeals. January 3, 2002 Jefferson County District Court No. 96DR3750, Honorable Frank Plaut, Judge ORDERS VACATED AND CASE REMANDED WITH DIRECTIONS Page 76 Cox, Mustain-Wood, Walker and Schumacher, Timothy B. Walker, Littleton, Colorado, for Appellee Patricia Jo […]

INTERNATIONAL PAPER COMPANY, a New York corporation, successor in interest to Union Camp Corporation, a Delaware corporation, Plaintiff-Appellant, v. Cheryl D. COHEN, Manager of Revenue for the City and County of Denver, State of Colorado; and City and County of Denver, a municipal corporation, Defendants-Appellees. No. 04CA0314.Colorado Court of Appeals. June 16, 2005. Certiorari Denied […]

Donald F. Songer, Jr., Plaintiff-Appellee and Cross-Appellant, v. William J. Bowman, Defendant-Appellant and Cross-Appellee. No. 89CA0254 No. 89CA1302Colorado Court of Appeals. Decided August 16, 1990. Rehearing Denied September 27, 1990. Certiorari Granted January 28, 1991 (90SC643). Certiorari Granted on the following issues: Is there a time limitation under C.R.C.P. 59 for filing a motion to […]

17 P.2d 545 PEOPLE EX REL. ATTORNEY GENERAL v. ARMSTRONG. No. 13,051.Supreme Court of Colorado. Decided December 12, 1932. Original proceeding in contempt. Petition Dismissed. 1. SUPREME COURT — Original Proceeding — Divided Court. In an original proceeding in contempt in the Supreme Court, three members of the court being for conviction, three for acquittal, […]

Deborah Bevsek, Plaintiff-Appellant, v. Huerfano School District RE-1, Defendant-Appellee. No. 84CA1198Colorado Court of Appeals. Decided May 1, 1986. Rehearing Denied June 12, 1986. Certiorari Denied November 3, 1986 (86SC239). Appeal from the District Court of Huerfano County Honorable John E. Anderson, III, Judge Hobbs, Bethke Associates, Larry F. Hobbs, William P. Bethke, Vonda G. Hall, […]

134 P.2d 727 WALLICK ET AL. v. EATON. No. 15,028.Supreme Court of Colorado. Decided February 15, 1943. Action by real estate brokers to recover a commission on the sale of real property. Judgment of dismissal. Affirmed. 1. FRAUD — Proof. Fraud must be proved and is never to be presumed; but, as it can rarely […]

(576 P.2d 175) The People of the State of Colorado v. Ronald Howard Peterson No. 76-230Colorado Court of Appeals. Decided September 29, 1977. Rehearing denied November 17, 1977. Certiorari denied March 20, 1978. Convicted of theft of Volkswagen bus, defendant appealed. Affirmed 1. CRIMINAL LAW — Investigatory Stop — Police — Reasonable Suspicion — “Crime […]

Pacesetter Corporation and Liberty Mutual Insurance Company, Petitioners and Cross-Respondents, v. Brian Collett, Respondent and Cross-Petitioner, and The Industrial Claim Appeals Office of the State of Colorado, Respondent. No. 00CA2099Colorado Court of Appeals. May 10, 2001 Certiorari Denied November 10, 2001 Industrial Claim Appeals Office of the State of Colorado W.C. No. 4-414-586 ORDER AFFIRMED […]

The People of the State of Colorado, Plaintiff-Appellee, v. Jimmy Lee Waits, Defendant-Appellant. No. 81CA1312Colorado Court of Appeals. Decided August 23, 1984. Rehearing Denied September 20, 1984. Certiorari Granted February 11, 1985. Appeal from the District Court of the City and County of Denver Honorable Warren O. Martin, Judge Page 1177 Duane Woodard, Attorney General, […]

(504 P.2d 661) The People of the State of Colorado v. Stanley J. Lamirato No. 24969Supreme Court of Colorado. Decided December 18, 1972. Defendant was convicted of burglary, conspiracy to commit burglary, theft (by taking), conspiracy to commit theft (by taking), theft (by receiving), and conspiracy to commit theft (by receiving) and appealed. Affirmed in […]

The People of the State of Colorado, Plaintiff-Appellee, v. Kevin L. Blankenship, Defendant-Appellant. No. 97CA2225Colorado Court of Appeals. October 26, 2000 Certiorari Denied September 10, 2001 Appeal from the District Court of Adams County, Honorable Philip F. Roan, Judge, Nos. 96CR1953 and 96CR2081. JUDGMENTS AFFIRMED IN PART, AND VACATED IN PART, SENTENCES MODIFIED IN PART, […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Vernest JONES, Defendant-Appellant. No. 07CA1383.Colorado Court of Appeals. July 23, 2009. Page 378 Appeal from The District Court, City and County of Denver, Morris B. Hoffman, J. John W. Suthers, Attorney General, Wendy J. Ritz, First Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee. Douglas K. Wilson, […]

111 P.2d 1052 TOLER v. BARGAS. No. 14,616.Supreme Court of Colorado. Decided March 24, 1941. A suit for the partition of real property, division of certain personal property, and for an accounting. Judgment for equal division of the proceeds from sale of the personalty, the other issues being determined in favor of defendant. Affirmed in […]

The People of the State of Colorado, Petitioner-Appellant, In the Interest of R.T.L., Child, And Concerning R.L., Respondent-Appellee. No. 86CA1658Colorado Court of Appeals. Decided November 12, 1987. Rehearing Denied December 24, 1987. Certiorari Granted People June 6, 1988 (88SC28). Appeal from the District Court of Arapahoe County Honorable Richard L. Kaylor, Judge Robert R. Gallagher, […]

Brighton School District 27J, a political subdivision of the State of Colorado, Plaintiff-Appellee, v. Transamerica Premier Insurance Company, n/k/a TIG Premier Insurance Company, Defendant-Appellant. No. 94CA1566Colorado Court of Appeals. Decided February 8, 1996 Petition for Rehearing DENIED March 14, 1996 Petition for Writ of Certiorari GRANTED September 23, 1996 Appeal from the District Court of […]

(377 P.2d 132) JAMES EDWARD FURLOW v. HARRY C. TINSLEY, WARDEN OF COLORADO STATE PENITENTIARY. No. 20,217.Supreme Court of Colorado. Decided December 24, 1962. Affirmed. 1. PARDON AND PAROLE — Parolee — Violation of Parole — Maximum Sentence — Service — Statute. Under C.R.S. ’53, 39-18-2, a paroled convict returned to prison for violation of […]

Douglas L. Crawford, Plaintiff-Appellant, v. State of Colorado, Department of Corrections, and Colorado Territorial Correctional Facility, Defendants-Appellees. No. 94CA0765Colorado Court of Appeals. Decided April 6, 1995 Appeal from the District Court of Fremont County Honorable John Anderson, Judge No. 93CV25. JUDGMENT AFFIRMED. Page 1157 Max I. Exline, Pueblo, Colorado, for Plaintiff-Appellant. Gale A. Norton, Attorney […]

(400 P.2d 450) LILIAN PHILLIPS v. BYRON PHILLIPS, ET AL. No. 20549.Supreme Court of Colorado. Decided October 13, 1964. From granting of motion and application to charge separate and partnership property of former partner with amount of judgment entered against her, former partner brought error. Judgment Vacated and Cause Remanded. 1. PARTNERSHIP — Statute — […]

Shanna Cassidy, Plaintiff-Appellant, v. Barry J. Reider and Mountain View Fire Protection District, a quasi-municipal Colorado corporation, Defendants-Appellees. No. 92CA0478Colorado Court of Appeals. Decided March 11, 1993. Appeal from the District Court of Boulder County Honorable Richard C. McLean, Judge Fogel, Keating and Wagner, P.C., Charles R. Free, for Plaintiff-Appellant. Page 287 Sandblom Schader, Gary […]

The People of the State of Colorado, Plaintiff-Appellant, v. Carroll D. Byrum, Defendant-Appellee. No. 89CA0074Colorado Court of Appeals. Decided June 29, 1989. Rehearing Denied July 20, 1989. Appeal from the District Court of Boulder County Honorable Morris W. Sandstead, Judge Alexander M. Hunter, District Attorney, C. Phillip Miller, Assistant District Attorney, for Plaintiff-Appellant. David F. […]

Adam SHOTKOSKI and Anita Shotkoski, Plaintiffs-Appellees, v. DENVER INVESTMENT GROUP INC.; Gary Clark; Zone 93, Inc.; and Victoria Thomas, Defendants-Appellants. No. 04CA1729.Colorado Court of Appeals. February 23, 2006. Appeal from the District Court, Adams County, John J. Vigil, J. Page 514 Underhill Underhill, P.C., Joanne P. Underhill, Dana M. Arvin, Greenwood Village, Colorado, for Plaintiffs-Appellees. […]

(588 P.2d 874) Richard F. Goodwin v. The District Court in and for the Tenth Judicial District, State of Colorado; and the Honorable Richard Conour, specially appointed as a District Judge in and for the Tenth Judicial District, State of Colorado No. 28202Supreme Court of Colorado. Decided January 15, 1979. Original proceeding in which defendant […]

(590 P.2d 72) In the Matter of the Incorporation of the Town of Eastridge v. City of Aurora, Colorado, a municipal corporation No. 77-1071Colorado Court of Appeals. Decided August 31, 1978. Rehearing denied September 29, 1978. Certiorari granted January 29, 1979. Trial court refused to set aside incorporation proceedings for an area entirely within and […]

FIFTH THIRD BANK, Plaintiff-Appellant, v. Monay N. JONES, Defendant-Appellee. No. 06CA0296.Colorado Court of Appeals. July 12, 2007. Appeal from the District Court, City and County of Denver, Catherine A. Lemon, J. Page 2 Castle Meinhold Stawiarski LLC, Deanna L. Westfall, Denver, Colorado; Faegre Benson LLP, Michael S. Freeman, Denver, Colorado, for Plaintiff-Appellant. Berenbaum, Weinshienk Eason, […]

R. Lynne McCallum, Petitioner, v. Dana’s Housekeeping, State Farm Fire and Casualty Insurance Company, and the Industrial Claim Appeals Office, Respondents. No. 96CA0459Colorado Court of Appeals. October 24, 1996 Petition for Rehearing DENIED November 21, 1996. Certiorari Denied August 4, 1997. Review of Order from the Industrial Claim Appeals Office, of the State of Colorado, […]

The PEOPLE of the State of Colorado, Petitioner-Appellee, In the Interest of D.P., Child and Concerning M.S., Respondent-Appellant. No. 07CA1342.Colorado Court of Appeals. February 21, 2008. Appeal from the District Court, Arapahoe County, Timothy L. Fasing, J. Page 404 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

143 P.2d 270 CARPENTER, DIRECTOR OF REVENUE v. MAY DEPARTMENT STORES COMPANY. No. 15,206.Supreme Court of Colorado. Decided November 8, 1943. A suit to recover a refund of service taxes paid. Judgment for plaintiff. Reversed. On Application for Supersedeas. 1. TAXES AND TAXATION — Exemption — Proof. Where a taxpayer claims an exemption under a […]

The People of the State of Colorado, Complainant, v. Ted L. Hansen, Attorney-Respondent. No. 90SA483Supreme Court of Colorado. Decided June 17, 1991. Original Proceeding in Discipline. Page 817 Linda Donnelly, Disciplinary Counsel, George S. Meyer, Deputy Disciplinary Counsel, Jay P.K. Kenney, Assistant Disciplinary Counsel, for Complainant. No Appearance on Behalf of Respondent. EN BANC PER […]

(335 P.2d 285) PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO, ET AL. v. JAMES F. DONAHUE, DOING BUSINESS AS AIRLINES CAB SERVICE. No. 18,165.Supreme Court of Colorado. Decided February 9, 1959. Rehearing denied March 2, 1959. From a judgment setting aside an order of the Public Utilities Commission authorizing a service by the Pikes […]

Susan L. Edge, Plaintiff-Appellant, v. Department of Revenue, Motor Vehicle Division of the State of Colorado, and Fred Fisher, Executive Director, Defendants-Appellees. No. 00CA1469Colorado Court of Appeals. August 30, 2001 Rehearing Denied October 18, 2001 Certiorari Denied September 9, 2002 Boulder County District Court No. 99CV1814, Honorable Joyce S. Steinhardt, Judge JUDGMENT REVERSED AND CASE […]

(275 P.2d 949) SIEGAL v. LECHLER. No. 17,383.Supreme Court of Colorado. Decided November 1, 1954. An action involving promissory notes in which plaintiff seeks judgment for overpayments which he claims he made. Summary judgment was entered in plaintiff’s favor on one claim, and a dismissal of the second claim was entered. Reversed. 1. JUDGMENTS — […]

The People of the State of Colorado, Plaintiff-Appellee, v. James Bolton, Defendant-Appellant. No. 91CA2077Colorado Court of Appeals. Decided July 1, 1993. Rehearing Denied August 26, 1993. Petition for Writ of Certiorari DENIED January 8, 1996. Appeal from the District Court of the City and County of Denver Honorable Federico Alvarez, Judge Page 304 [EDITORS’ NOTE: […]

The People of the State of Colorado, Plaintiff-Appellee, v. Earl William Campbell, Defendant-Appellant. No. 92CA2065Colorado Court of Appeals. Decided October 6, 1994. Petition for Rehearing DENIED January 19, 1995. Petition for Writ of Certiorari DENIED July 31, 1995. Appeal from the District Court of Douglas County Honorable Thomas J. Curry, Judge No. 86CR174 JUDGMENTS AFFIRMED […]

(516 P.2d 119) The People of the State of Colorado v. James C. Heath No. 25880Supreme Court of Colorado. Decided November 26, 1973. Defendant appeals from an order of the district court denying him postconviction relief under Crim. P. 35(b). Reversed 1. CRIMINAL PROCEDURE — Plea of Guilty — Evidentiary Hearing — Determination — Elements […]

(392 P.2d 650) CLAYTON POTTER, ET AL., v. BYRON A. ANDERSON, ETC., ET AL. No. 20594.Supreme Court of Colorado. Decided May 18, 1964. Rehearing denied June 22, 1964. Proceeding in the nature of mandamus to compel Secretary of State to show cause why he should not hold public hearing with regard to demand for revocation […]

(488 P.2d 57) The People of the State of Colorado v. Jess Roy Bordeaux No. 25147Supreme Court of Colorado. Decided August 30, 1971 Interlocutory appeal by defendant charged with unlawful possession of cannabis sativa L. From trial court’s denial of defendant’s motion to suppress the introduction of the marijuana in evidence, error was brought. Ruling […]

(387 P.2d 421) REX EDWIN KELLER, JR., v. THE PEOPLE OF THE STATE OF COLORADO. No. 20,772.Supreme Court of Colorado. Decided December 16, 1963. Defendant was convicted of burglary and brings error. Affirmed. 1. CRIMINAL LAW — Burglary — Evidence — Circumstantial — Sufficiency. In a prosecution for burglary where the evidence was circumstantial but […]

The People of the State of Colorado, In the Interest of: R.E., Child-Appellee, And Concerning: D.E., Respondent-Appellee, and B.T., Respondent-Appellant. No. 85CA0409Colorado Court of Appeals. Decided May 29, 1986. Page 1234 Appeal from the District Court of Adams County Honorable Richard Borchers, Judge Judith R. Caro, Guardian ad Litem for Child-Appellee. Bill Myers, for Respondent-Appellee. […]

Robert Cecil Moody, Petitioner-Appellant, v. Dan Corsentino, Sheriff of Pueblo County, Colorado, Respondent-Appellee. No. 91SA277Supreme Court of Colorado. Decided January 11, 1993. Appeal from District Court, Pueblo County Honorable Richard D. Robb, Judge Page 1356 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

The People of the State of Colorado, Plaintiff-Appellee, v. John Lopez, Defendant-Appellant. No. 94CA1171Colorado Court of Appeals. January 23, 1997 Opinion Modified, and As Modified, Petitions for Rehearing DENIED May 8, 1997 Petition and Cross-Petition for Writ of Certiorari DENIED November 10, 1997 Appeal from the District Court of Adams County Honorable Thomas R. Ensor, […]

(463 P.2d 448) Susan D. Troiano, individually, and d/b/a Colonial Manor Motel v. The Colorado Department of Highways; The Colorado State Highway Commission, a body corporate; Charles Shumate, Colorado State Highway Engineer; and City and County of Denver, State of Colorado, a Municipal Corporation. No. 23596Supreme Court of Colorado. Decided December 22, 1969. Rehearing denied […]

J.D. Lobb v. Kent Hodges No. 81CA0545Colorado Court of Appeals. Decided February 4, 1982. Appeal from the District Court of Arapahoe County, Honorable M. O. Shivers, Jr., Judge. No appearance for plaintiff-appellee. Daniel F. Boyle, for defendant-appellant. Division III. Opinion by JUDGE TURSI. [1] Defendant, Kent Hodges, appeals from the trial court’s judgment holding him […]

The People of the State of Colorado, Complainant, v. Napoleon S. Crews, Attorney-Respondent. No. 95SA187Supreme Court of Colorado. Decided August 28, 1995 Original Proceeding in Discipline. ATTORNEY SUSPENDED. Page 473 Linda Donnelly, Disciplinary Counsel, Kenneth B. Pennywell, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. Napoleon S. Crews, Pro Se, Black Forest, Colorado. EN BANC […]

(354 P.2d 586) FRANKLIN W. BAUMGARTNER v. JOHN B. TWEEDY, ET AL. No. 18,761.Supreme Court of Colorado. Decided August 8, 1960. Action against members of partnership to recover for legal services. Judgment for plaintiffs. Affirmed. 1. PARTNERSHIP — Limited Partnership — Evidence — Sufficiency. Evidence that a limited partnership was discussed by members of a […]

In re the Marriage of: Susan Sinclair Burkey, Petitioner-Appellee. and J. Brent Burkey, Respondent-Appellant. No. 83CA0701Colorado Court of Appeals. Decided September 6, 1984. Appeal from the District Court of Mesa County Honorable Charles A. Buss, Judge Page 727 Susan Sinclair Burkey, Pro Se. Harshman, Deister, Larson McBee, T.J. Harshman for Respondent-Appellant. Stephen A. Hodge, Guardian […]

(429 P.2d 274) Irving B. Levine and Merrill B. Levine by his next friend, Irving B. Levine v. Colorado Transportation Co., a Corporation, and “John Doe” a person whose true name is unknown, and Times-Call Newspaper. No. 21561.Supreme Court of Colorado. Decided July 3, 1967. Action by father and son to recover damages for personal […]

(349 P.2d 381) PEOPLE OF THE STATE OF COLORADO EX REL. GEORGE O. CORY, ET AL. v. THE COLORADO HIGH SCHOOL ACTIVITIES ASSOCIATION, ET AL. No. 18,519.Supreme Court of Colorado. Decided January 11, 1960. February 23, 1960, on petition for rehearing, opinion modified and rehearing denied. Taxpayers’ action to determine status of High School Activities […]

32 P.2d 841 RISHEL, ADMINISTRATOR v. CRAWFORD. No. 13,501.Supreme Court of Colorado. Decided May 7, 1934. Proceeding involving a claim against the estate of a deceased person. Judgment for claimant. Affirmed. On Application for Supersedeas. 1. EXECUTORS AND ADMINISTRATORS — Claims — Pleading. No formal pleadings are required in exhibiting claims against estates. 2. Actions […]

CITY OF GOLDEN, a Colorado municipal corporation; City Council of the City of Golden; Interplaza West Associates, LLP, a Colorado limited liability partnership; Sullivan Three Limited liability Company, a Colorado limited liability company; Kohl’s Department Stores, Inc., a Delaware corporation; Home Depot U.S.A., Inc., a Delaware corporation; Christopher Hall Realty, LLC; Golden Properties, Ltd., a […]

(597 P.2d 580) The People of the State of Colorado v. Ruben Joe Muniz No. 79SA184Supreme Court of Colorado. Decided July 16, 1979. Interlocutory appeal by the People from an adverse ruling of the district court on a motion to suppress evidence, namely, a sawed-off shotgun seized in a search of a shed at defendant’s […]

(377 P.2d 552) CLARENCE J. BIGLER, ET AL., v. ANNE NADINE RICHARDS. No. 20,070.Supreme Court of Colorado. Decided January 7, 1963. From a judgment allegedly awarding inadequate damages, the plaintiffs bring error. Affirmed. 1. TRIAL — Damages — Proof — Quantum — Remarks of Court. In an action for damages for personal injuries resulting from […]

3 P.2d 414 STATE COMPENSATION INSURANCE FUND v. INDUSTRIAL COMMISSION ET AL. No. 12,883.Supreme Court of Colorado. Decided September 21, 1931. Proceedings under the Workmen’s Compensation Act. Judgment for claimants. Affirmed. 1. WORKMEN’S COMPENSATION — Course of Employment. An employee lived at a distance from the place of his employment; he was requested by his […]

Raymond H. Haugen and Lois Haugen v. Western Federal Savings Loan Association of Denver No. 80CA0551Colorado Court of Appeals. Decided April 30, 1981. Rehearing denied June 4, 1981. Certiorari granted August 31, 1981. Appeal from the District Court of the City and County of Denver, Honorable James C. Flanigan, Judge. Page 498 Robert A. Lehman, […]

Barno Mavashev and Rubin Mavashev, Plaintiffs-Appellants, v. Windsor Insurance Company, Defendant-Appellee. No. 02CA1244.Colorado Court of Appeals. Div. I. May 8, 2003. Page 470 City and County of Denver District Court No. 01CV2300; Honorable Robert S. Hyatt, Judge Reversed and remanded with directions. Frankl Kabler, P.C., Keith E. Frankl, Steven R. Kabler, Denver, Colorado, for Plaintiffs-Appellants […]

State of Colorado, for the use of the Department of Corrections, Petitioner, v. Federico Pena, Mayor of City and County of Denver; J.D. MacFarlane, Manager of Safety, City and County of Denver, John Simonet, Director of Corrections for the City and County of Denver; Mose Trujillo, Warden of the Jail for the City and and […]

(491 P.2d 59) The People of the State of Colorado v. Steve A. Maes, a/k/a Steve Alvin Maes. No. 25247.Supreme Court of Colorado. Decided December 6, 1971. Interlocutory appeal by the People from an adverse ruling sustaining a motion to suppress evidence seized under a search warrant. Reversed. 1. CONSTITUTIONAL LAW — Fourth Amendment — […]

City of Arvada, Colorado, a municipal corporation v. Concrete Contractors, Inc., and American Employers’ Insurance Company No. 79CA0074Colorado Court of Appeals. Decided April 9, 1981. Appeal from the District Court of Jefferson County, Honorable Winston W. Wolvington, Judge. Page 171 Benjamin King, Deputy City Attorney, for plaintiff-appellee. Daniel, McCain Brown, Edward A. Brown, for defendants-appellants. […]

The First National Bank of Boston, as Trustee of the Pooled Real Estate Investment Fund, Plaintiff-Appellee, v. Edward D. Dykstra, d/b/a McGraw’s Paint and Wallcovering, Defendant-Appellant. No. 83CA1006Colorado Court of Appeals. Decided June 28, 1984. Appeal from the District Court of El Paso County Honorable Hunter D. Hardeman, Judge Page 958 Berniger, Berg, Sterling, Rioth […]

(588 P.2d 890) M. L. Gillespie and Charles A. Underwood v. Raymond H. Simpson, Tommy Neal and Robert D. McPhee, jointly as the Board of Land Commissioners of the State of Colorado No. 78-640Colorado Court of Appeals. Decided December 14, 1978. Board of Land Commissioners appealed from a judgment determining that certain rentals received by […]

Eric J. Pierce, Plaintiff-Appellant, v. Richard L. Wiglesworth, Defendant-Appellee. No. 92CA1658Colorado Court of Appeals. Decided August 11, 1994. Petition for Rehearing DENIED October 13, 1994. Appeal from the District Court of Boulder County Honorable Joseph J. Bellipanni, Judge No. 91CV408 JUDGMENT REVERSED AND CAUSE REMANDED WITH DIRECTIONS Jean E. Dubofsky, P.C., Jean E. Dubofsky, Boulder, […]

The People of the State of Colorado, Plaintiff-Appellee, v. Charles Franklin Pronovost, Defendant-Appellant. No. 86CA0980Colorado Court of Appeals. Decided November 25, 1987. Rehearing Denied December 24, 1987. Certiorari Granted People June 6, 1988 (88SC31). Appeal from the District Court of Moffat County Honorable Claus J. Hume, Judge Page 388 Duane Woodard, Attorney General, Charles B. […]

(528 P.2d 386) The People of the State of Colorado v. Howard McGill and Robert Paul Reiter. No. 25668Supreme Court of Colorado. Decided November 25, 1974. Interlocutory appeal by district attorney from a ruling of the district court which sustained defendant’s motion to suppress certain evidence seized pursuant to a search warrant. Ruling Reversed 1. […]

(594 P.2d 1053) The People of the State of Colorado v. Ernest Lee Phillips No. 28339Supreme Court of Colorado. Decided May 21, 1979. Interlocutory appeal to review an order suppressing evidence obtained pursuant to a signed consent search of an apartment occupied by defendant and others. Ruling Reversed 1. SEARCHES AND SEIZURES — Fourth Amendment […]

The People of the State of Colorado, Plaintiff, v. Joey Lynn Perse, Defendant-Appellee, And Concerning: John H. Wimberly, d/b/a ABC Bail Bonds, Surety-Appellant. No. 86CA0818Colorado Court of Appeals. Decided January 7, 1988. Appeal from the District Court of Arapahoe County Honorable John P. Gately, Judge Page 924 Jeffrey A. Springer, P. C., Thomas A. Ballantine, […]

(555 P.2d 197) Louis Lindauer and Edna Lindauer v. LDB Drainlaying, a Colorado corporation No. 75-361Colorado Court of Appeals. Decided September 23, 1976. In action to recover for injuries sustained by racehorse when it fell into a muddy trench dug by defendant pipeline company, jury awarded plaintiffs $8,400, and defendant appealed. Affirmed as Modified 1. […]

Parker Quillen and Joan Quillen, Plaintiffs-Appellants, v. The Planning and Zoning Commission of the City of Aspen; Olof Hedstrom; Perry Harvey; Jasmine Tygre; Lee Pardee; Roger Hunt; Al Bloomquist, as members thereof acting in an official capacity; The City of Aspen; The Council of the City of Aspen; Herman Edel; John Van Ness; Michael Behrendt; […]

The People of the State of Colorado, Plaintiff-Appellee, v. Samuel Charles Youngs, Defendant-Appellant. No. 81CA0084Colorado Court of Appeals. Decided February 17, 1983. Rehearing Denied March 17, 1983. Certiorari Granted June 27, 1983. Appeal from the District Court of Jefferson County Honorable Gaspar F. Perricone, Judge. Page 144 J.D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy […]

63 P.2d 1246 BLACKMER v. BLACKMER. No. 14,063.Supreme Court of Colorado. Decided December 14, 1936. Judgment affirmed en banc on application for supersedeas without written opinion. Mr. Justice Burke, sitting for Mr. Chief Justice Campbell. Mr. Justice Bouck not participating. Error to the District Court of the City and County of Denver, Hon. Charles C. […]

In the Matter of D.C. and D.C., Petitioners-Appellants, and J.C.L., Respondent-Appellee. No. 04CA0249.Colorado Court of Appeals. February 10, 2005. Rehearing Denied May 26, 2005. Appeal from the Larimer County, Cynthia Marie Hartman, Magistrate Judge. Page 1252 G. William Beardslee, Fort Collins, Colorado, for Petitioners-Appellants. Colorado Legal Services, Joan R. Woodbury, Fort Collins, Colorado, for Respondent-Appellee. […]

ROCKY MOUNTAIN ANIMAL DEFENSE, Plaintiff-Appellant and Cross-Appellee, v. COLORADO DIVISION OF WILDLIFE; Russell George, in his official capacity as Director of the Colorado Division of Wildlife; Colorado Department of Natural Resources; Greg Walcher, acting in his official capacity as Executive Director of Colorado Department of Natural Resources; Colorado Wildlife Commission; Bernard L. Black, Jr., Mark […]

Karen Wieprzkowski, Plaintiff-Appellant, v. State Farm Mutual Auto Insurance Company, Defendant-Appellee. No. 98CA0144.Colorado Court of Appeals. March 18, 1999. Appeal from the District Court of Arapahoe County, Honorable Deanna E. Hickman, Judge, No. 97CV2334. JUDGMENT AFFIRMED. Breit, Bosch, Levin Coppola, P.C., Edward W. Holub, Denver, Colorado, for Plaintiff-Appellant. Patterson Nuss, P.C., Franklin D. Patterson, Paige […]