Category: Colorado Court Opinions

(561 P.2d 342) M. R. Mansfield Realty, Inc., a Colorado corporation v. William S. Sunshine and Blanche Z. Sunshine No. 75-445Colorado Court of Appeals. Decided November 4, 1976. Rehearing denied December 23, 1976. Certiorari granted March 14, 1977. In action for broker’s commission relative to the leasing of certain land, judgment was entered for landowners, […]

Bruce W. Merrell, Plaintiff-Appellant, v. Republic Western Insurance Company, Defendant-Appellee. No. 96CA0282Colorado Court of Appeals. January 3, 1997 Appeal from the District Court of Mesa County, Honorable Charles A. Buss, Judge, No. 95CV163. JUDGMENT AFFIRMED. Elder Phillips, P.C., Keith Boughton, Grand Junction, Colorado, for Plaintiff-Appellant. Anstine, Hill, Richards Simpson, Ronald C. Hill, Denver, Colorado, for […]

(529 P.2d 327) Clyde Michael Spero v. The Board of Trustees of the Town of Federal Heights, Colorado, and William Kennedy, Howard Anderson, Mildred Earley, Nellie Zimmerman, Tom Burrus, and Cecil Carstens, as Members of the Board of Trustees of the Town of Federal Heights, Colorado No. 73-372Colorado Court of Appeals. Decided December 3, 1974. […]

Robert E. Purcell, Petitioner-Appellant, v. Colorado Division of Gaming, Appellee. No. 95CA1756Colorado Court of Appeals. August 8, 1996 Appeal from the Colorado Limited Gaming Control Commission, No. DC95004. ORDER AFFIRMED. Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, Thomas D. Fears, Assistant Attorney General, Denver, Colorado, […]

City of Ouray, Colorado, Petitioner, v. Emery Olin, Respondent. No. 87SC214Supreme Court of Colorado. Decided September 19, 1988. Certiorari to the Colorado Court of Appeals Page 785 John R. Kappa, City Attorney, for Petitioner. Frank J. Woodrow, Woodrow, Roushar Carey, for Respondent. Geoffrey T. Wilson, for Amicus Curiae Colorado Municipal League. EN BANC JUSTICE ROVIRA […]

(493 P.2d 15) The People of the State of Colorado v. Arthur Everett Small, Jr. No. 24791Supreme Court of Colorado. Decided January 24, 1972. Defendant was convicted of aggravated robbery and conspiracy to commit aggravated robbery and brought error. Affirmed 1. CONSTITUTIONAL LAW — Speedy Trial — Guarantee — United States — Colorado. A defendant […]

The People of the State of Colorado, Plaintiff-Appellee, v. Charles Morris Martinez, Defendant-Appellant. No. 85CA0311Colorado Court of Appeals. Decided November 20, 1986. Rehearing Denied December 18, 1986. Certiorari Denied Martinez March 23, 1987 (87SC25). Appeal from the District Court of Alamosa County Honorable Robert Ogburn, Judge Page 651 Duane Woodard, Attorney General, Charles B. Howe, […]

The People of the State of Colorado, Petitioner-Appellee, In the Interest of: L.L., C.L., K.L., and L.L., And Concerning: J.T., Respondent-Appellant. No. 85SA147Supreme Court of Colorado. Decided March 10, 1986. Appeal from the District Court of Morgan County Honorable Peter I. Alpert, Judge Page 335 George Reddin, for Petitioner-Appellee. Robert B. Chapin, for Respondent-Appellant. EN […]

The People of the State of Colorado, Plaintiff-Appellee, v. Anthony Sanchez, Defendant-Appellant. No. 86CA0605Colorado Court of Appeals. Decided January 21, 1988. Opinion Modified, and as Modified, Rehearing Denied February 4, 1988. Certiorari Denied April 4, 1988 (88SC77.) Appeal from the District Court of City and County of Denver Honorable Roger Cisneros, Judge Duane Woodard, Attorney […]

(568 P.2d 1164) The Colorado National Bank of Denver, a national banking association, in its individual corporate capacity; The Colorado National Bank of Denver, a national banking association as Trustee under the Last Will and Testament of Edwin E. Hillmeyer, deceased; Clark Hillmeyer; Downey Hillmeyer; and University of Denver (Colorado Seminary), a Colorado nonprofit corporation […]

In re the Marriage of Janice Payan, Appellant, and Rudolfo Guererro Payan, Appellee. No. 94CA0283Colorado Court of Appeals. Decided January 12, 1995 Appeal from the District Court of the City and County of Denver Honorable John W. Coughlin, Judge No. 92DR2570. ORDER REVERSED AND CAUSE REMANDED WITH DIRECTIONS. Page 265 Litvak and Litvak, P.C., Lawrence […]

Gary Michaels, Petitioner-Appellant, v. Elvin R. Caldwell, Manager of Safety and Ex-Officio Sheriff of the City and County of Denver, and Wayne K. Patterson, Sheriff of the City and County of Denver, Respondents-Appellees. No. 81SA352Supreme Court of Colorado. Decided June 7, 1982. Rehearing denied June 28, 1982. Appeal from the District Court of the City […]

Colorado Compensation Insurance Authority, Petitioner, v. The Industrial Claim Appeals Office of the State of Colorado and Sue R. Sallee, Respondents. No. 94CA1105Colorado Court of Appeals. Decided April 27, 1995. Petition for Rehearing DENIED June 1, 1995. Certiorari denied December 4, 1995. Petition for Writ of Certiorari DENIED April 27, 1995. Review of Order from […]

Shanna D. Hall, M.D., Applicant-Appellant, v. Colorado State Board of Medical Examiners, comprising the following: Margaret A. Cary, M.D., Stuart A. Gottesfeld, M.D., Gilbert Hermann, M.D., Louis B. Kasunic, M.D., Steven B. Katzman, Nancy Billings-Gerlock, and Janice J. Ugale, M.D., Respondents-Appellees. No. 92CA1868Colorado Court of Appeals. Decided February 10, 1994. Opinion Modified, and As Modified, […]

98 P.2d 1000 HODGEN, GUARDIAN ET AL. v. BYRNE. No. 14,592.Supreme Court of Colorado. Decided January 29, 1940. Petition for writ of habeas corpus involving custody of a minor child. Judgment of dismissal. Affirmed. On Application for Supersedeas. 1. CHILDREN — Custody. In proceedings involving the custody of minor children, the primary and controlling issue […]

Eva SIGALA, Petitioner, v. INDUSTRIAL CLAIM APPEALS OFFICE of the State of Colorado, Atencio’s Market and Royal SunAlliance, Respondents. No. 05CA1597.Colorado Court of Appeals. December 28, 2006. Page 786 Koncilja Koncilja, P.C., Lawrence D. Saunders, Pueblo, Colorado, for Petitioner. John W. Suthers, Attorney General, Laurie Rottersman, Assistant Attorney General, Denver, Colorado, for Respondent Industrial Claim […]

The People of the State of Colorado, Plaintiff-Appellee, v. Brent D. Ullery, Defendant-Appellant. No. 95CA1020Colorado Court of Appeals. October 30, 1997 Opinion Modified, and As Modified, Petitions for Rehearing DENIED January 15, 1998 Petition for Certiorari DENIED and Cross-Petition Granted October 19, 1998. Appeal from the District Court of Adams County, Honorable Michael A. Obermeyer, […]

The People of the State of Colorado v. L. C. Dempsey No. 80CA0687Colorado Court of Appeals. Decided January 29, 1981. Page 375 Appeal from the District Court of El Paso County, Honorable William E. Rhodes, Judge. J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy Attorney General, Mary J. Mullarkey, Special Assistant Attorney General, Susan […]

Stephen P. Castellari, Plaintiff-Appellant, v. Partners Health Plan of Colorado, Inc., Intervenor-Appellee. No. 92CA0923Colorado Court of Appeals. Decided July 29, 1993. Rehearing pending 08/18/93 Appeal from the District Court of Jefferson County Honorable Christopher J. Munch, Judge Page 594 Breit, Best, Richman Bosch, P.C., Warren B. Bosch, Kristen L. Mix, Bradley A. Levin, for Plaintiff-Appellant. […]

(551 P.2d 192) The People of the State of Colorado v. Blake Harold Codding No. 26522Supreme Court of Colorado. Decided June 21, 1976. Defendant was convicted of felony theft (shoplifting) and appealed. Reversed 1. THEFT — Shoplifting — Felony — Insufficient — Petty — Sufficient. In prosecution for felony theft, arising out of shoplifting, although […]

Gerald R. Travers and Oderia R. Mitchell, Defendants-Appellants and Cross-Appellees, v. Rhett K. Rainey, Defendant-Appellee and Cross-Appellant. No. 93CA0026Colorado Court of Appeals. Decided December 29, 1994 Appeal from the District Court of El Paso County Honorable David D. Parrish, Judge No. 91CV4499. JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CAUSE REMANDED WITH DIRECTIONS. Page […]

All Around Transport, Inc. and Sanderson Farms, Inc., Plaintiffs-Appellees and Cross-Appellants, v. Continental Western Insurance Company, Defendant-Appellant and Cross-Appellee. No. 95CA0919Colorado Court of Appeals. December 12, 1996 Appeal from the District Court of Rio Grande County Honorable Robert W. Ogburn, Judge, No. 93CV50. JUDGMENT AFFIRMED IN PART AND REVERSED IN PART Page 553 [EDITORS’ NOTE: […]

(437 P.2d 542) John B. Finn v. Industrial Commission of Colorado, Adolph Coors Company, a corporation, and Liberty Mutual Insurance Company, a corporation. No. 22620.Supreme Court of Colorado. Decided February 19, 1968. Rehearing denied March 11, 1968. From a judgment affirming the denial of an award by the Commission, the claimant brought error. Affirmed. 1. […]

EDDIE’S LEAF SPRING SHOP AND TOWING LLC, Plaintiff-Appellant. v. COLORADO PUBLIC UTILITIES COMMISSION OF the STATE of Colorado, Defendant-Appellee. No. 08SA359.Supreme Court of Colorado. October 13, 2009. Appeal from the District Court, City and County of Denver, Kenneth M. Plotz, J. Page 327 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

(390 P.2d 479) CENTENNIAL PROPERTIES INC., v. THE BOARD OF COUNTY COMMISSIONERS OF ARAPAHOE COUNTY, ET AL. No. 20,586.Supreme Court of Colorado. Decided February 17, 1964. Action to recover taxes paid on real property. Writ of Error Dismissed. 1. APPEAL AND ERROR — Companion Case — Holding. In view of holding in Centennial Properties, Inc., […]

Yonoea Stadler, Plaintiff-Appellant, v. Steven Henry Devito, Custom Credit, Inc., Sunny Frazen, and Michelle Martin, Defendants-Appellees. No. 95CA2146Colorado Court of Appeals. December 27, 1996 Page 574 Appeal from the District Court of Jefferson County, Honorable Henry E. Nieto, Judge, No. 93CV2447. JUDGMENT REVERSED AND CAUSE REMANDED WITH DIRECTIONS. Vincent C. Todd, Lakewood, Colorado, for Plaintiff-Appellant. […]

Scott Harris White, Petitioner, v. District Court in and for the Fourth Judicial District of the State of Colorado, the Honorable David D. Parrish, one of the judges thereof, Respondents. No. 84SA189Supreme Court of Colorado. Decided November 13, 1984. Original Proceeding Page 1134 Simons Iuppa, Frank S. Simons, for Petitioner. Robert L. Russell, District Attorney, […]

154 P.2d 47 GEARHART v. THE PEOPLE. No. 15,509.Supreme Court of Colorado. Decided December 4, 1944. Plaintiff in error pleaded guilty to the charge of grand larceny, and his subsequent motion to withdraw the plea and enter a plea of not guilty was denied. Affirmed. 1. CRIMINAL LAW — Pleas — Court Discretion. Whether, in […]

In the Matter of the Petition of R.A., Jr. and T.A., Petitioners-Appellants, for the Adoption of C.A., a Child, and Concerning N.F. and A.F., Respondents-Appellees. No. 04CA0503.Colorado Court of Appeals. April 7, 2005. Rehearing Denied June 23, 2005. Certiorari Granted October 3, 2005. Page 296 Beltz West, P.C., W. Thomas Beltz, Colorado Springs, Colorado, for […]

(216 P.2d 649) BARTLE, ADMINISTRATOR v. BARTLE ET AL. No. 16,310.Supreme Court of Colorado. Decided March 13, 1950. An action involving title to property of a deceased person. Judgment of dismissal. Affirmed. 1. TRUSTS — Express. “An express trust is all that the name implies, in that the trust is one that is declared in […]

Kip Lowell Thorson, Appellant, v. The Colorado Department of Corrections, Walter Kautzky, Executive Director, Edward Buckingham, Administrative Services, William Zalman, Classification Management, Carlos Baca, Adult Services, Div. II, Walter Diesslin, Superintendent, BVCF, The Colorado State Board of Parole, John Ray Enright, Chairman, Appellees. No. 89SA475Supreme Court of Colorado. Decided November 19, 1990. Appeal from the […]

Nancy BUTLER, Plaintiff-Appellant, v. Joseph LEMBECK and Celeste Lembeck, Defendants-Appellees. No. 06CA1446.Colorado Court of Appeals. December 13, 2007. Page 1186 Appeal from the District Court, Jefferson County, Christopher J. Munch, J. Page 1187 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 1188 […]

(353 P.2d 73) CHARLES E. HAMM v. JAMIE THOMPSON, ET AL. No. 18,537.Supreme Court of Colorado. Decided June 6, 1960. Action for damages resulting from automobile collision. Judgment for plaintiff. Affirmed. 1. MASTER AND SERVANT — Negligence — Respondeat Superior — Release of Master. Where a master is liable under the doctrine of respondeat superior […]

(259 P.2d 288) HERZIG v. FEAST, DIRECTOR OF THE DEPARTMENT OF GAME AND FISH ET AL. No. 17,038.Supreme Court of Colorado. Decided June 15, 1953. Rehearing denied July 6, 1953. An action for damages for alleged malicious, unlawful and tortious acts of officers of the State Game and Fish Department toward plaintiff and involving a […]

(504 P.2d 666) The Town of Grand Lake, a Colorado Incorporated Town, Vernon E. Kimble, Mayor of the Town of Grand Lake, Manuel Garber, former Mayor of the Town of Grand Lake, John R. Hahn, former Mayor of the Town of Grand Lake, Beret Wheatley, Robert Wall, Billie J. Thompson, George A. Hood, Buford W. […]

Pioneer Savings Trust, F.A., Plaintiff-Appellee, v. Meir Ben-Shoshan, Ariela Ben-Shoshan and Colorado Territory, Inc., a California corporation, Defendants-Appellants. No. 90CA1960Colorado Court of Appeals. Decided January 16, 1992. Appeal from the District Court of El Paso County Honorable Richard V. Hall, Judge. Page 422 Robinson, Waters, O’Dorisio Rapson, P.C., Todd J. McNamara, for Plaintiff-Appellee. Holme Roberts […]

(498 P.2d 1169) Emanuel E. Zoller, Katherine M. Zoller, and Lyal M. Nelson v. The Mail Creek Ditch Company, a Mutual Ditch Corporation No. 70-175Colorado Court of Appeals. Decided June 20, 1972. Action by stockholders in ditch company for mandatory injunction to compel defendant company to carry and deliver through the company ditch, water represented […]

208 P.2d 79 PEOPLE EX REL. METZGER v. DISTRICT COURT OF DENVER ET AL. No. 16,273.Supreme Court of Colorado. Decided June 13, 1949. On petition for writ of prohibition. Alternative Writ Made Permanent. 1. COURT POWERS — Statutes — Rules. While in proper and clearly defined cases courts have inherent and implied power necessary to […]

(358 P.2d 1024) JOSEPH HASKELL, ETC. v. BARNEY GROSS, ETC. No. 19,285.Supreme Court of Colorado. Decided January 30, 1961. From orders setting aside a default judgment the plaintiff brings in error. Reversed. 1. JUDGMENT — Default — Motion to Vacate — Notice — Rules. Where defendant entered a general appearance in an action and failed […]

(595 P.2d 706) Thomas Robert McCoy v. State of Colorado, Department of Revenue, Motor Vehicle Division No. 78-970Colorado Court of Appeals. Decided March 15, 1979. Rehearing denied March 29, 1979. Certiorari granted May 29, 1979. Defendant appealed a judgment affirming an order of the Department of Revenue revoking his license for failure to submit to […]

185 P.2d 787 JARRETT ET AL. v. CRUSE, DIRECTOR OF REVENUE. No. 16,646.Supreme Court of Colorado. Decided October 6, 1947. A proceeding involving a tax levy under the state service tax act. Imposition of tax upheld. Affirmed. 1. PRACTICE AND PROCEDURE — Director of Revenue — Court Powers. In reviewing findings and decisions of the […]

(420 P.2d 832) Donald E. Altobella, v. People of the State of Colorado. No. 21107Supreme Court of Colorado. Decided December 5, 1966. Defendant was convicted of burglary, larceny and conspiracy to commit burglary and brought error. Affirmed 1. CONSPIRACY — Co-conspirator — Dismissal — Before Trial — Contention — Merit. There is no merit to […]

Daniel B. Bjorkman, a minor child, by his mother and next friend, Anne E. Bjorkman, Plaintiff-Appellee, v. R. L. Steenrod, Jr., as Special Administrator of the Estate of Joseph Michael Cisneros, Deceased, Defendant-Appellant. No. 86CA0668Colorado Court of Appeals. Decided April 28, 1988. Rehearing Denied May 26, 1988. Certiorari Denied October 31, 1988 (88SC299). Appeal from […]

(531 P.2d 381) The People of the State of Colorado v. Frederick William Campbell No. 25497Supreme Court of Colorado. Decided February 3, 1975. Defendant was convicted of aggravated robbery and appealed. Reversed 1. CRIMINAL LAW — Right to Remain Silent — After Arrest. Defendant has a right to remain silent after arrest. 2. PROSECUTING ATTORNEYS […]

(604 P.2d 1173) The People of the State of Colorado v. Robert David Barndt No. 79SA345Supreme Court of Colorado. Decided January 7, 1980. Interlocutory appeal by the People from an order of the district court suppressing evidence seized in connection with the defendant’s arrest for possession and sale of narcotics and dangerous drugs. Affirmed in […]

The People of the State of Colorado, Plaintiff-Appellant, v. Anneliese B. Parsons, Defendant-Appellee. No. 80SA529Supreme Court of Colorado. Decided May 17, 1982. Rehearing denied June 14, 1982. Appeal from the District Court of El Paso County, Honorable Bernard R. Baker, Judge. Robert L. Russel, District Attorney, David H. Zook, Chief Deputy District Attorney, for plaintiff-appellant. […]

116 P.2d 921 McKELVY, TRUSTEE v. STRIKER, DOING BUSINESS AS CENTRAL DISTRIBUTING COMPANY ET AL. No. 14,832.Supreme Court of Colorado. Decided August 25, 1941. A suit on book account involving an assignment for benefit of creditors and garnishment proceedings. Judgment was for plaintiff creditors who were the garnishers. Affirmed. 1. ASSIGNMENTS FOR BENEFIT OF CREDITORS […]

(483 P.2d 1333) Lloyd Louis Valdez v. The People of the State of Colorado. No. 23866.Supreme Court of Colorado. Decided April 12, 1971. From order of trial court denying his motion under Rule 35 (b) to set aside his conviction, defendant brought error. Affirmed. 1. CONSTITUTIONAL LAW — Constitutions — Guarantee — Accused — Speedy […]

21 P.2d 186 ROCKY MOUNTAIN FUEL COMPANY v. BELK. No. 12,621.Supreme Court of Colorado. Decided April 10, 1933. Action to recover for services rendered as a detective. Judgment for plaintiff. Reversed. 1. PLEADING — Bill of Particulars — Findings. Neither the court nor the jury has any right to find for the plaintiff in contradiction […]

(455 P.2d 861) Donald J. Alexander and George T. Rochford, Jr., v. The First National Bank in Fort Collins, a national banking association. No. 22319.Supreme Court of Colorado. Decided June 9, 1969. Rehearing denied July 14, 1969. Action by plaintiffs against defendant bank for damages alleging conspiracy and that sale of their secured notes by […]

Denver Police Protective Association and John Schnittgrund, an individual, Plaintiffs-Appellees, v. The City and County of Denver, The Board of Councilmen of the City and County of Denver, The Honorable William H. McNichols, Jr., acting in his capacity as Mayor of the City and County of Denver, Edward F. Burke, Jr., Salvadore “Sal” Carpio, Cathy […]

(500 P.2d 970) City and County of Denver, a municipal corporation, and W.H. McNichols, Jr., Mayor of the City and City of Denver v. Linden Blue, Edward R. Burke, Jr., Elvin R. Caldwell, Eugene DiManna, Paul Hentzell, Irving S. Hook, Robert Koch, Kenneth MacIntosh, James J. Nolan, Larry J. Perry, William R. Roberts, J. Ivanhoe […]

247 P.2d 448 ROSIER v. THE PEOPLE. No. 16,758.Supreme Court of Colorado. Decided July 14, 1952. Rehearing denied August 4, 1952. Plaintiff in error was convicted of the crime of assault with intent to “kill and murder” one Richard Allen Shanahan. Affirmed. 1. CRIMINAL LAW — Evidence — Confessions. “A written confession of defendant in […]

(576 P.2d 1017) Joseph Alvino Martinez, Jr., through his next friend, William R. Sprague v. Hawkeye-Security Insurance Company No. C-1200Supreme Court of Colorado. Decided April 3, 1978. Rehearing denied April 24, 1978. Action by plaintiff-petitioner, a two-year-old child through his next friend, to recover for injuries sustained when he pushed basement door open, entered the […]

62 P.2d 1164 DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY ET AL. v. TOWN OF CASTLE ROCK ET AL. No. 13,648.Supreme Court of Colorado. Decided November 9, 1936. Proceeding to set aside a money judgment. Petition denied. Affirmed. 1. PARTIES TO ACTIONS — Judgments — Bondholders. A judgment upon which funding bonds rest cannot be […]

William Michael Jones v. Cecil D. Dressel, Zita A. Dressel, Robert L. Clark, Flightcraft, Inc., and Free Flight Sport Aviation, Inc. No. C-1637Supreme Court of Colorado. Decided January 5, 1981. Opinion modified and as modified rehearing denied February 23, 1981. Certiorari to the Colorado Court of Appeals Page 371 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

36 P.2d 459 SLATT ET AL. v. THOMAS. No. 13,322.Supreme Court of Colorado. Decided September 17, 1934. Action to foreclose a mechanic’s lien. Judgment for plaintiff. Affirmed. 1. APPEAL AND ERROR — Fact Findings. Fact findings of the trial court based upon conflicting evidence will not be disturbed on review. 2. TRUSTS — Contracts — […]

148 P.2d 1009 SLIDE MINES, INC. v. DENVER EQUIPMENT COMPANY. No. 15,133.Supreme Court of Colorado. Decided May 1, 1944. A suit on a promissory note. Judgment for plaintiff. Affirmed. 1. FRAUD AND DECEIT — False Representations. The general rule is, that a representation cannot form the basis of an action for falsity unless it relates […]

(488 P.2d 61) Municipal Court in and for the Town of Vail, County of Eagle, and Richard H. Bailey, Police Magistrate v. Stewart H. Brown No. 23288Supreme Court of Colorado. Decided August 30, 1971 Defendant in error, charged with committing certain acts in violation of town ordinances, sought writ to prohibit municipal court from proceeding […]

Roger Alan Jones, Petitioner and Cross-Respondent, v. Adolph Coors Company, Respondent and Cross-Petitioner, v. Director, Division of Labor, and the Industrial Commission of the State of Colorado, Respondents. No. 83CA1043Colorado Court of Appeals. Decided May 3, 1984. Rehearing Denied May 31, 1984. Certiorari Denied September 24, 1984. Review of Order from the Industrial Commission of […]

(262 P.2d 257) DENVER DRY GOODS COMPANY v. PENDER. No. 17,034.Supreme Court of Colorado. Decided September 21, 1953. Rehearing denied October 13, 1953. An action for damages for personal injuries resulting to plaintiff when she slipped and fell to the floor in defendant’s coffee shop. Judgment for plaintiff. Reversed. 1. NEGLIGENCE — Stores — Slippery […]

(459 P.2d 763) Anthony Armijo, also known As Tony Armijo v. The People of the State of Colorado. No. 22767.Supreme Court of Colorado. Decided October 20, 1969. Defendant was convicted of the crime of burglary and brought error. Affirmed. 1. BURGLARY — Defendant — Stand — Negative — Conviction — Evidence — Circumstantial-Sufficiency. In prosecution […]

The People of the State of Colorado v. Andrew Roybal No. 79SA389Supreme Court of Colorado. Decided September 15, 1980. Opinion modified and as modified rehearing denied November 17, 1980. Appeal from the District Court of the City and County of Denver, Honorable Howard M. Kirshbaum, Judge. Page 1122 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

Rocky Mountain Properties, a Minnesota partnership, Plaintiff-Appellee, v. Purified H20 To Go Co., a Colorado corporation; David M. Severance; and All Other Persons Occupying Such Premises, Defendants-Appellants. No. 98CA2342.Colorado Court of Appeals. April 13, 2000. Appeal from the District Court of Jefferson County, Honorable William P. DeMoulin, Judge, No. 98CV3356 Page 486 JUDGMENT AFFIRMED Brenda […]

28 P.2d 1118 BOSWORTH ET AL. v. McINTYRE ET AL. No. 13,384.Supreme Court of Colorado. Decided December 18, 1933. Judgment affirmed en banc on application for supersedeas without written opinion. Mr. Justice Bouck not participating. Error to the District Court of the City and County of Denver, Hon. Charles C. Sackmann, Judge. Messrs. PERSHING, NYE, […]

Linda S. Musgrave, Petitioner, v. The Industrial Claim Appeals Office of the State of Colorado and Eben Ezer Lutheran Institute, Respondents. No. 87CA0346Colorado Court of Appeals. Decided March 24, 1988. Opinion Modified, and As Modified, Rehearing Denied May 19, 1988. Certiorari Denied October 11, 1988 (88SC270). Review of Order from the Industrial Claim Appeals Office […]

(515 P.2d 1133) In the Matter of the Estate of Viola Patricia Enz, a/k/a Viola P. Enz — Donna B. Johnston, Joe McAndries, Richard A. McAndries, Mary Jo Gradisar, Annette L. Henderson, Teresa McAndries Bailey, Patricia Anne Funke, William A. McAndries, and Charles T. McAndries, the Colorado National Bank of Denver, John Rushing Grant and […]

118 P.2d 1087 BEATTY ET AL. v. RESLER, DOING BUSINESS AS RESLER TRUCK LINE. No. 14,845.Supreme Court of Colorado. Decided November 3, 1941. Suit for services rendered. Judgment for plaintiff. Reversed. On Application for Supersedeas. 1. TRIAL — Action on Account — Evidence — Itemized Statement. In an action for services rendered where defendant on […]

The People of the State of Colorado, Plaintiff-Appellee, v. Flozell Jefferson Beasley, Defendant-Appellant. No. 83CA0316Colorado Court of Appeals. Decided March 29, 1984. Rehearing Denied April 26, 1984. Writ of Certiorari Denied August 20, 1984. Appeal from the District Court of the City and County of Denver Honorable Warren O. Martin, Judge Page 1324 Duane Woodard, […]

(568 P.2d 45) In the Matter of the Application for Change of Water Rights of the Twin Lakes Reservoir and Canal Company in the Roaring Fork River and its Tributaries, in Pitkin County, Colorado. The Twin Lakes Reservoir and Canal Company v. The City of Aspen, the Board of County Commissioners of the County of […]

35 P.2d 493 WHITING v. WILLIAMS. No. 13,531.Supreme Court of Colorado. Decided June 25, 1934. Action in replevin. Judgment for plaintiff. Affirmed. On Application for Supersedeas. 1. APPEAL AND ERROR — Fact Findings. The trial court’s decision of questions of fact is binding on review. Page 253 2. PRACTICE AND PROCEDURE — New Trial — […]

(568 P.2d 43) Donald Eugene Lopez v. Dan Cronin, Manager of Safety and Excise, Wayne K. Patterson, Warden of the Jail, City and County of Denver, State of Colorado No. 27511Supreme Court of Colorado. Decided August 22, 1977. Defendant filed a petition for a writ of habeas corpus contesting his extradition to the State of […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Bruce PLATT, Defendant-Appellant. No. 04CA1889.Colorado Court of Appeals. May 17, 2007. Certiorari Granted November 26, 2007. Appeal from the City and County of Denver District Court, Larry J. Naves, J. Page 803 John W. Suthers, Attorney General, Jennifer M. Smith, Assistant Attorney General, Denver, Colorado, for […]

80 P.2d 434 MONTGOMERY v. CITY AND COUNTY OF DENVER ET AL. No. 14,324.Supreme Court of Colorado. Decided May 31, 1938. Action to secure a judgment declaring that a general tax levy on property in the City and County of Denver to provide funds for paying and redeeming special improvement district bonds is invalid. Judgment […]

110 P.2d 247 FAIRALL ET AL. v. REDMON. No. 14,756.Supreme Court of Colorado. Decided January 20, 1941. Rehearing denied February 10, 1941. A proceeding in mandamus to compel the State Board of Public Welfare to certify old age pensions to the state auditor on a basis of forty-five dollars a month regardless of the amount […]

(451 P.2d 266) Public Utilities Commission of Colorado, and the individual members thereof, Henry E. Zarlengo, Howard S. Bjelland and Ralph C. Horton, and Shaw Hts. Home Owners Assn., and Capitol Federal Savings Loan Assn. v. Northwest Water Corporation, a Colorado corporation. No. 23086.Supreme Court of Colorado. Decided February 17, 1969. Rehearing denied March 24, […]

The People of the State of Colorado, Plaintiff-Appellee, v. Thomas Barry, Defendant-Appellant. No. 91CA1490Colorado Court of Appeals. Decided June 16, 1994. Rehearing Denied July 14, 1994. Petition for Writ of Certiorari DENIED January 30, 1995 Appeal from the District Court of Arapahoe County Honorable Joyce S. Steinhardt, Judge No. 91CR100 JUDGMENT AFFIRMED Page 328 Gale […]

The People of the State of Colorado, Plaintiff-Appellee, v. Bryon C. Kerber, Defendant-Appellant. No. 01CA1173.Colorado Court of Appeals. Division V. November 21, 2002. Certiorari Denied March 10, 2003.[*] [*] Justice Bender would grant as to the following issue: Whether the trial court committed plain error in allowing the prosecutor to make a closing argument that […]

In the Matter of the Estate of Audrey E. Lewis, a/k/a Audrey E.M. Lewis, deceased. Julie A. Marsh, individually, Petitioner-Appellant, v. Delta Gamma Anchor Center for Blind Children, Intervenor-Appellee. No. 03CA0368.Colorado Court of Appeals. April 22, 2004. Arapahoe County District Court, No. 02PR1063, Honorable John P. Leopold, Judge. ORDER AFFIRMED. Page 606 Jack Kintzele, Denver, […]

(443 P.2d 379) City and County of Denver, Police Department, and State Compensation Insurance Fund v. Douglas L. Phillips, Sr., and Industrial Commission of Colorado and State Compensation Insurance Fund, Industrial Commission of Colorado, and City and County of Denver, Police Department v. Douglas L. Phillips, Sr. No. 22551. No. 22552.Supreme Court of Colorado. Decided […]

Jose MEDINA, Plaintiff-Appellant, v. CONSECO ANNUITY ASSURANCE COMPANY, Conseco Life Insurance Company, Bankers National Insurance Company, and Bankers Life and Casualty Company, Defendants-Appellees. No. 04CA0164.Colorado Court of Appeals. August 25, 2005. Appeal from the District Court, Adams County, C. Vincent Phelps, J., denied motion. Page 346 Bloom, Murr Accomazzo, P.C., James E. Gigax, Denver, Colorado, […]

Freddie B. Donaldson, Petitioner, v. The District Court for the City and County of Denver, and John W. Coughlin, one of the Judges thereof, Respondents. No. 92SA371Supreme Court of Colorado. Decided February 22, 1993. Original Proceeding David F. Vela, Colorado State Public Defender, Robin A. Carey, Deputy State Public Defender, for Petitioner. Norman S. Early, […]

556 P.2d 894 The People of the State of Colorado v. Timothy Alfred McKinney No. 27031Supreme Court of Colorado. Decided November 29, 1976. Defendant was charged with three felony counts involving force and threat of serious bodily injury or harm: one of rape, and two of deviate sexual intercourse. After trial to court he was […]

(375 P.2d 518) ORAN FINLEY HUDSPETH v. THE PEOPLE OF THE STATE OF COLORADO. No. 20,312.Supreme Court of Colorado. Decided October 29, 1962. Defendant was convicted of burglary and brings error. Affirmed. 1. CRIMINAL LAW — Motion to Change Plea — Newly Discovered Evidence. A motion of defendant to change his plea on the ground […]

Pueblo West Metropolitan District, City of Florence, and St. Charles Mesa Water Association, Appellants, v. Southeastern Colorado Water Conservancy District, Appellee. No. 82SA225Supreme Court of Colorado. Decided October 22, 1984. Appeal, District Court, Water Division No. 2 Honorable John C. Statler, Water Judge Page 595 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

Rebecca KOLAR, Petitioner, v. INDUSTRIAL CLAIM APPEALS OFFICE OF the STATE of Colorado, Reed Elsevier, Inc., and Zurich American Insurance Company, Respondents. No. 04CA2194.Colorado Court of Appeals. September 8, 2005. Page 1076 Steven U. Mullens, P.C., Steven U. Mullens, Colorado Springs, Colorado, for Petitioner. No Appearance for Respondent Industrial Claim Appeals Office. White and Steele, […]

Dennison Robert Mitchell, Plaintiff-Appellant, v. Alan Charnes, Director of the Department of Revenue, Defendant-Appellee. No. 82CA0060Colorado Court of Appeals. Decided September 23, 1982. Rehearing denied October 28, 1982. Appeal from the District Court of the City and County of Denver, Honorable John Brooks, Jr., Judge. Steven Katzman, for plaintiff-appellant. J. D. MacFarlane, Attorney General, Richard […]

(362 P.2d 167) NOBLE AUSTIN v. GEORGE H. KOCH, ET AL. No. 19,477.Supreme Court of Colorado. Decided May 22, 1961. Action to enjoin interference with diversion of water. Judgment for defendants. Reversed. 1. WATER RIGHTS — Diversion of Water — Interference — Injunction. Any interference with the right of a prior appropriator to divert water, […]

In the Matter of the Estate of Robert W. Leslie, Deceased. Robert A. Leslie, Petitioner-Appellant, v. William C. Leslie, Margaret A. Leslie, David Leslie, Respondents-Appellees, and Walter Barnes, Lloyd Rowland, and Bradley, Campbell, Carney Madsen, Appellees. No. 93CA0409Colorado Court of Appeals. Decided April 21, 1994 As Modified on Denial of Petition for Rehearing of Respondents-Appellees […]

Charles and Patricia Forsyth, Plaintiffs-Appellees, v. Associated Grocers of Colorado, Inc., and A.G. Investment Company, Defendants-Appellants. No. 82CA1331Colorado Court of Appeals. Decided January 2, 1986. Prior Opinion Announced August 8, 1985, Withdrawn and Rehearings Granted September 17, 1985. Rehearings Denied February 13, 1986. Petitions for Writ of Certiorari Denied September 15, 1986 (86SC89). Appeal from […]

The People of the State of Colorado, Complainant v. Lawrence R. Elliott, Respondent. No. 99PDJ059.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. March 1, 2000. OPINION AND ORDER IMPOSING SANCTIONS [1] SANCTION IMPOSED: ATTORNEY DISBARRED [2] This matter was heard on January 5, 2000, before the Presiding Disciplinary Judge (“PDJ”) and […]

Hugh Hatfield, Petitioner, v. Director of the Division of Labor; A-1 Decorating, and/or Adams County School District No. 50; Truck Insurance Exchange, and/or State Compensation Insurance Fund; Industrial Commission, State of Colorado. Respondents. No. 83SC356Supreme Court of Colorado. Decided June 18, 1984. Rule 50 Certiorari to the Colorado Court of Appeals Page 1191 George T. […]