(319 P.2d 480) A. D. JONES COMPANY, ET AL. v. O. R. PARSONS. No. 18,036.Supreme Court of Colorado. Decided December 9, 1957. Rehearing denied January 13, 1958. Action to recover deposit made as down payment on purchase of a restaurant business. Judgment for defendant. Reversed and Remanded With Directions. 1. TRIAL — Motion to Dismiss […]
Category: Colorado Court Opinions
WHITMAN v. PEOPLE, 170 Colo. 189 (1969)
(460 P.2d 767) Joel K. Whitman v. The People of the State of Colorado. No. 23234.Supreme Court of Colorado. Decided October 27, 1969. Defendant was convicted of first degree murder and robbery. From denial of his motion for post conviction relief with reference to failure of trial judge to grant hearing on question of voluntariness […]
PEOPLE IN INTEREST OF V.M.R., 768 P.2d 1268 (Colo.App. 1989)
The People of the State of Colorado, Petitioner-Appellee, In the Interest of V.M.R. and R.W.R., Children, And Concerning R.R., Respondent-Appellant. No. 87CA1954Colorado Court of Appeals. Decided January 5, 1989. Appeal from the District Court of Pueblo County Honorable Patti J. O’Rourke, Judge Page 1269 William Thiebaut, Special County Attorney, for Petitioner-Appellee. Jack Jenkins, Guardian Ad […]
RENZ v. LARIMER COUNTY SCHOOL DIST., 924 P.2d 1177 (Colo.App. 1996)
Ruben H. Renz (Decedent) and Gladys Renz, Petitioners, v. Larimer County School District Poudre R-1; Colorado Compensation Insurance Authority; Director, Department of Labor Employment, Division of Workers’ Compensation; and the Industrial Claim Appeals Office of the State of Colorado, Respondents. No. 95CA1300Colorado Court of Appeals. Decided June 27, 1996 Petition for Rehearing DENIED August 22, […]
PEOPLE v. PEARSON, 190 Colo. 313 (1976)
(546 P.2d 1259) The People of the State of Colorado v. Marvin Noel Pearson No. 26250Supreme Court of Colorado. Decided March 8, 1976. Rehearing denied March 29, 1976. Defendant was convicted of first-degree murder and appealed. Affirmed 1. HOMICIDE — First-Degree Murder Statute — Constitutional — People v. Sneed. First-degree murder statute was found to […]
PEOPLE v. MYERS, 45 P.3d 756 (Colo.App. 2001)
The People of the State of Colorado, Plaintiff-Appellee, v. Lawrence Myers, Defendant-Appellant. No. 99CA1379Colorado Court of Appeals. August 16, 2001 Rehearing Denied November 1, 2001 Certiorari Denied April 29, 2002 Adams County District Court No. 98CR1704, Honorable Donald W. Marshall, Jr., Judge SENTENCE AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Page […]
RIPPY v. COWIESON, 151 Colo. 504 (1963)
(379 P.2d 396) E. J. RIPPY, ET AL., v. H. E. COWIESON No. 19,955.Supreme Court of Colorado. Decided February 25, 1963. Rehearing denied March 18, 1963. From dismissal of their action to recover for labor and materials, the plaintiffs bring error. Reversed. 1. MECHANIC’S LIENS — Complaint — Issues — Dismissal — Error. Where trial […]
PEOPLE v. DOYLE, 193 Colo. 332 (1977)
(565 P.2d 944) The People of the State of Colorado v. Robert V. Doyle No. C-1061Supreme Court of Colorado. Decided June 20, 1977. Petition for writ of certiorari to the superior court to review an order of dismissal by that court in a criminal appeal from the county court involving failure of county court to […]
PEOPLE v. VALENCIA, 888 P.2d 319 (Colo.App. 1994)
The People of the State of Colorado, Plaintiff-Appellee, v. Adam G. Valencia, Defendant-Appellant. No. 93CA1276Colorado Court of Appeals. Decided June 16, 1994. Rehearing Denied July 14, 1994. Petition for Writ of Certiorari GRANTED February 13, 1995. Page 320 Appeal from the District Court of the City and County of Denver Honorable Richard T. Spriggs, Judge […]
BAILEY v. LAKEWOOD FIRE DIST., 44 Colo. App. 463 (1980)
(618 P.2d 716) C. Edward Bailey v. Lakewood Fire Protection District, State Compensation Insurance Fund, and the Industrial Commission of Colorado Delbert L. Campbell v. The City of Littleton, State Compensation Insurance Fund, and the Industrial Commission of Colorado No. 79CA0945 No. 80CA0060Colorado Court of Appeals. Decided July 10, 1980. Rehearings denied July 31, 1980. […]
PEOPLE v. VALENCIA-ALVAREZ, 101 P.3d 1112 (Colo.App. 2004)
The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Honorato N. VALENCIA-ALVAREZ, Defendant-Appellant. No. 02CA0593.Colorado Court of Appeals. Division II. July 15, 2004. Certiorari Denied December 6, 2004. Appeal from the District Court, Mesa County, David A. Bottger, J. Page 1113 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]
KNOWLTON v. CERVI, 142 Colo. 394 (1960)
(350 P.2d 1066) FLOYD H. KNOWLTON, JR., v. EUGENE CERVI, ET AL. No. 18,960.Supreme Court of Colorado. Decided April 11, 1960. Action for libel. From a judgment of dismissal the plaintiff brings error. Affirmed. 1. LIBEL AND SLANDER — Publication — Actionable Words — Constitutional Rights. Publication of a letter allegedly stating what plaintiff, a […]
HOTCHKISS v. PREBLE, 33 Colo. App. 431 (1974)
(521 P.2d 1278) Jana K. Hotchkiss, by her father and next friend, C. W. Hotchkiss, C. W. Hotchkiss and Elizabeth J. Hotchkiss v. Deborah Ann Preble and Parker E. Preble No. 71-447Colorado Court of Appeals. Decided April 9, 1974. In personal injury action, Supreme Court reversed Court of Appeals reversal of trial court and remanded […]
PEOPLE v. MONTOYA, 183 Colo. 397 (1973)
(517 P.2d 401) The People of the State of Colorado v. Edward Rudolph Montoya No. 26113Supreme Court of Colorado. Decided December 24, 1973. Interlocutory appeal by the People from an order granting a motion to suppress the introduction of marijuana into evidence. Ruling Affirmed 1. ARREST — Warrant — Thirteen Months After Incident — Pretext […]
KENNEDY v. ICAO, 100 P.3d 949 (Colo.App. 2004)
Robert E. KENNEDY, Petitioner, v. INDUSTRIAL CLAIM APPEALS OFFICE OF the STATE OF COLORADO, AAA Concrete Contracting, and Mid-Century Insurance Company, Respondents. No. 03CA1891.Colorado Court of Appeals. Division I. September 9, 2004. Alexander and Ricci, P.C., William A. Alexander, Jr., Colorado Springs, Colorado, for Petitioner. Ken Salazar, Attorney General, Laurie Rottersman, Assistant Attorney General, Denver, […]
VUKOVICH v. CIVIL SERVICE COMMISSION, 832 P.2d 1126 (Colo.App. 1992)
Christopher Vukovich, Plaintiff-Appellant, v. The Civil Service Commission of the City and County of Denver, and Edward Sullivan, Roger Cisneros, Deborah Wagner and Jane Woodhouse, in their official capacity as Commissioners of the Civil Service Commission of the City and County of Denver, Manuel L. Martinez, Manager of Safety, and Aristedes Zavares, Chief of Police, […]
PEOPLE v. ELAGNAF, 829 P.2d 484 (Colo.App. 1991)
The People of the State of Colorado, Plaintiff-Appellee, v. Jamal Salem Elagnaf, Defendant-Appellant. No. 89CA2117Colorado Court of Appeals. Decided November 7, 1991. Rehearing Denied December 5, 1991. Certiorari Denied May 18, 1992 (92SC17). Appeal from the District Court of Mesa County Honorable Harold P. Moss, Judge. Page 485 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]
WHITE v. LEACH, 188 Colo. 62 (1975)
(532 P.2d 740) William Bell White v. Brad Leach, Boulder County Sheriff No. 26610Supreme Court of Colorado. Decided March 10, 1975 Extradition case. Fugitive allegedly committed crime of burglary in California and was thereafter arrested in Colorado on an unrelated charge and held for extradition to California. From discharge of writ of habeas corpus, fugitive […]
HINES v. DENVER RIO GRANDE WESTERN RR, 829 P.2d 419 (Colo.App. 1991)
Thelma Hines, Plaintiff-Appellee and Cross-Appellant, v. The Denver and Rio Grande Western Railroad Company, Donald E. Aksamit and Frank Danicic, individually, Defendants-Appellants and Cross-Appellees. No. 89CA1489Colorado Court of Appeals. Decided August 15, 1991. Rehearing Denied December 12, 1991. Certiorari Denied May 11, 1992 (92SC7). Appeal from the District Court of Grand County Honorable Robert F. […]
JENSEN v. BARNES, 33 Colo. App. 333 (1974)
(519 P.2d 1223) Marvin Jensen, d/b/a Jensen Movers v. Betty A. Barnes No. 72-411Colorado Court of Appeals. Decided February 26, 1974. Action to obtain a Colorado judgment upon a foreign judgment. Trial court ruled that previous Colorado judgment entered in favor of defendant was controlling and dismissed the complaint. Plaintiff appealed. Affirmed 1. JUDGMENT — […]
BENNETT v. MORRISON, 78 Colo. 464 (1925)
242 P. 636 BENNETT v. MORRISON, ET AL. No. 11,189.Supreme Court of Colorado. Decided December 21, 1925. Rehearing denied January 11, 1926. Action to quiet title. Judgment for defendants. Reversed. 1. QUIETING TITLE — Defense. The defendant in a suit to quiet title can not question the right of plaintiff unless he can show title […]
HILL v. CITY OF LAKEWOOD, 911 P.2d 670 (Colo.App. 1995)
Leila Jeanne Hill, Audrey Himmelmann, and Everitt W. Simpson, Jr., Plaintiffs-Appellants, v. City of Lakewood, Colorado; Gale A. Norton, in her official capacity as Attorney General of the State of Colorado; and the State of Colorado, Roy Romer, Governor, Defendants-Appellees. No. 94CA0856Colorado Court of Appeals. Decided July 13, 1995 Rehearing Denied August 17, 1995. Certiorari […]
PEOPLE v. NELSON, 848 P.2d 351 (Colo. 1993)
The People of the State of Colorado, Complainant, v. Ronald Scott Nelson, Attorney-Respondent. No. 93SA12Supreme Court of Colorado. Decided February 16, 1993. Original Proceeding in Discipline Linda Donnelly, Disciplinary Counsel, John S. Gleason, Assistant Disciplinary Counsel, for Complainant. Ronald Scott Nelson, Pro Se. EN BANC PER CURIAM [1] An inquiry panel of the Supreme Court […]
ROCHON v. PEOPLE, 134 Colo. 448 (1957)
(306 P.2d 1080) LEO BERTRAND ROCHON v. PEOPLE OF THE STATE OF COLORADO. No. 17,994.Supreme Court of Colorado. Decided January 14, 1957. Rehearing denied February 25, 1957. Defendant pled guilty to a charge of aggravated robbery and from the sentence imposed brings error. Affirmed. 1. CRIMINAL LAW — Appeal and Error — Record — Sentence […]
GRAY v. BLAKE, 128 Colo. 381 (1953)
(262 P.2d 741) GRAY v. BLAKE. No. 17,005.Supreme Court of Colorado. Decided October 26, 1953. An action by a broker for commission alleged to be due him for securing a purchaser for certain real estate. Judgment for defendant. Reversed. 1. JUDGMENTS — Summary — Motions. “Except where there is no genuine issue as to any […]
PEOPLE v. PROCTOR, 194 Colo. 172 (1977)
(570 P.2d 540) The People of the State of Colorado v. Gary Proctor No. 27636Supreme Court of Colorado. Decided October 24, 1977. Defendant was convicted of violating the statute pertaining to the use of “a threat of harm or injury” in an attempt to intimidate a witness and appealed. Affirmed 1. OBSTRUCTING JUSTICE — Withholding […]
REGIONAL TRANSPORTATION DISTRICT v. JACKSON, 805 P.2d 1190 (Colo.App. 1991)
Regional Transportation District, Petitioner, v. Peggy L. Jackson and The Industrial Claim Appeals Office of the State of Colorado, Respondents. No. 90CA0150Colorado Court of Appeals. Decided January 17, 1991. Review of Order from the Industrial Claim Appeals Office of the State of Colorado. Page 1191 Regional Transportation District, Donald C. Deagle, for Petitioner. Green Josefiak, […]
GUTIERREZ v. DIST. CT., 183 Colo. 264 (1973)
(516 P.2d 647) Benito D. Gutierrez v. District Court for the County of Adams, the Honorable Jean J. Jacobucci, one of the Judges thereof, and Guy F. Van Cleave, Sheriff of Adams County No. 26154Supreme Court of Colorado. Decided December 3, 1973. Original proceeding pertaining to why district court and sheriff should not be prohibited […]
HATFIELD v. DIRECTOR OF THE DIV. OF LABOR, 682 P.2d 1190 (Colo. 1984)
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. […]
LARISON v. TAYLOR, 83 Colo. 430 (1928)
266 P. 217 LARISON v. TAYLOR. No. 12,014.Supreme Court of Colorado. Decided March 19, 1928. Rehearing denied April 9, 1928. Action to cancel deed. Judgment for defendant. Reversed. 1. APPEAL AND ERROR — Fact Findings. Findings of fact by the trial court or jury are conclusive upon reviewing courts in the absence of what, in […]
KUIPER v. GOULD, 196 Colo. 197 (1978)
(583 P.2d 910) In the Matter of the Rules and Regulations Governing the Use, Control and Protection of Water Rights for Both Surface and Underground Water Located in the Rio Grande and Conejos River Basins and their Tributaries. C. J. Kuiper, State Engineer, State of Colorado, Conejos Water Conservancy District, Rio Grande Water Users Association, […]
BANK v. CAROSELLA, 81 Colo. 214 (1927)
254 P. 771 ITALIAN AMERICAN BANK OF DENVER, ET AL. v. CAROSELLA. No. 11,763.Supreme Court of Colorado. Decided March 21, 1927. Rehearing denied April 11, 1927. Action for money judgment for misappropriation of a bank draft. Judgment for plaintiff. Reversed. On Application for Supersedeas. 1. APPEAL AND ERROR — No Judgment. Although the record contains […]
KERN v. GEBHARDT, 717 P.2d 998 (Colo.App. 1985)
George B. Kern and Richard P. Hume, Plaintiffs-Appellants, v. Richard G. Gebhardt, Public Trustee of the County of Boulder, State of Colorado, Defendant-Appellee. No. 84CA1106Colorado Court of Appeals. Decided December 26, 1985. Rehearing Denied January 23, 1986. Certiorari Granted Kern April 14, 1986 (86SC67). Appeal from the District Court of Boulder County Honorable Joseph J. […]
PEOPLE v. DIAZ, 53 P.3d 1171 (Colo. 2002)
The People of the State of Colorado, Plaintiff-Appellant v. Joseph Phillip Diaz, Defendant-Appellee. No. 02SA156Supreme Court of Colorado. September 9, 2002 Interlocutory Appeal from the Pueblo County District Court, Case No. 00CR1762, Honorable Victor I. Reyes, Judge, ORDER AFFIRMED IN PART AND REVERSED IN PART Page 1172 No. 02SA156, People v. Diaz — Interlocutory Appeal […]
TWIN LAKES CO. v. PLATT ROGERS, 105 Colo. 49 (1939)
94 P.2d 1090 TWIN LAKES RESERVOIR AND CANAL COMPANY v. PLATT ROGERS, INC. No. 14,323.Supreme Court of Colorado. Decided September 25, 1939. Rehearing denied October 23, 1939. Action to set aside and vacate an award of a board of arbitrators and judgment based thereon. Reversed. 1. ARBITRATION AND AWARD — Hearings. It is a universally […]
EDEN v. MIDGET RACING, INC., 153 Colo. 58 (1963)
(384 P.2d 732) EDWARD L. EDEN, ET AL., v. SOUTHERN COLORADO MIDGET RACING, INC. No. 20,137.Supreme Court of Colorado. Decided August 26, 1963. Action by landlord for possession of leased premises on ground that lease was void because of violation of use provisions. Judgment for defendant. Affirmed. 1. LANDLORD AND TENANT — Lease — Terms […]
PEOPLE v. LUNDY, 188 Colo. 194 (1975)
(533 P.2d 920) The People of the State of Colorado v. Klaus Dieter Lundy No. 25916Supreme Court of Colorado. Decided April 7, 1975 Defendant was convicted of aggravated robbery and carrying a concealed weapon and appealed. Affirmed 1. INSTRUCTIONS, CRIMINAL — Unreasonable — Given — Grounded — Evidence — Fanciful — Negative. Although an instruction […]
PEOPLE v. WALLACE, 97 P.3d 262 (Colo.App. 2004)
The People of the State of Colorado, Plaintiff-Appellee, v. Joseph Wallace, Defendant-Appellant. No. 02CA1012.Colorado Court of Appeals. February 26, 2004. Rehearing Denied April 15, 2004. Certiorari Denied August 16, 2004. Boulder County District Court No. 01CR1227, Honorable Roxanne Bailin, Judge. Page 263 JUDGMENT AFFIRMED. Page 264 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]
PEOPLE v. WILKINSON, 37 Colo. App. 531 (1976)
(555 P.2d 1167) The People of the State of Colorado v. Robert E. Wilkinson No. 75-016Colorado Court of Appeals. Decided April 29, 1976. Rehearing denied May 27, 1976. Certiorari denied November 8, 1976. Defendant appealed from jury conviction of conspiracy to commit prostitution, pandering, harassment, and eavesdropping. Affirmed 1. CRIMINAL LAW — Indictment — Trial […]
WISEHART v. ZIONS BANCORPORATION, 49 P.3d 1200 (Colo.App. 2002)
Larry N. Wisehart, Plaintiff-Appellant, v. Zions Bancorporation and Brent C. Beichle, Defendants-Appellees. No. 01CA0671Colorado Court of Appeals. April 25, 2002 Weld County District Court No. 00CV1257; Honorable William L. West, Judge JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Page 1201 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]
PEOPLE v. FOSTER, 716 P.2d 1069 (Colo. 1986)
The People of the State of Colorado, Complainant, v. William H. Foster, Jr., Attorney-Respondent. No. 85SA368Supreme Court of Colorado. Decided January 13, 1986. Original Proceedings in Discipline Linda Donnelly, Disciplinary Prosecutor, for Complainant. William H. Foster, Jr., Pro Se. EN BANC CHIEF JUSTICE QUINN delivered the Opinion of the Court. [1] Two complaints were filed […]
U.S. FIDELITY v. SALIDA GAS, 793 P.2d 602 (Colo.App. 1989)
United States Fidelity Guaranty Company, as Subrogee of J. Scott Brown and Mary B. Brown, Plaintiff-Appellee, v. Salida Gas Service Company, Defendant-Appellant. No. 88CA1289Colorado Court of Appeals. Decided December 21, 1989. Appeal from the District Court of Gunnison County Honorable Thomas A. Goldsmith, Judge Dickinson, Everstine, Kelly Prud’Homme, Michelle Prud’Homme, for Plaintiff-Appellee. Elder Phillips, P.C., […]
DWORAK v. OLSON CONST. CO., 35 Colo. App. 278 (1975)
(533 P.2d 946) Stanley Dworak and Marie Dworak v. Olson Construction Company, a Nebraska corporation No. 74-221Colorado Court of Appeals. Decided February 4, 1975. Rehearing denied February 25, 1975. Certiorari granted April 21, 1975. Plaintiffs in personal injury action executed, in Illinois, a covenant not to sue in favor of defendant’s employee. On basis of […]
MURRAY v. READY, 88 Colo. 64 (1930)
292 P. 87 MURRAY v. READY ET AL. No. 12,658.Supreme Court of Colorado. Decided September 22, 1930. Rehearing denied October 20, 1930. Action on promissory note and to foreclose deed of trust securing same. Judgment for defendant Harper. Affirmed. On Application for Supersedeas. 1. JUDGMENT — Res Judicata. Where it was judicially determined that the […]
PEOPLE v. MILLS, 163 P.3d 1129 (Colo. 2007)
In re the PEOPLE of the State of Colorado, Plaintiff v. Stevie MILLS, Defendant. In re the People of the State of Colorado, Plaintiff v. Anthony Pryor-Riley, Defendant. Nos. 06SA316, 06SA317.Supreme Court of Colorado. July 2, 2007. As Modified on Denial of Rehearing August 13, 2007. Appeal from the District Court, Adams County, C. Scott […]
PEOPLE v. ROBERTS, 37 Colo. App. 490 (1976)
(553 P.2d 93) The People of the State of Colorado v. Richard Dale Roberts No. 75-402Colorado Court of Appeals. Decided April 15, 1976. Rehearing denied May 13, 1976. Certiorari denied July 26, 1976. Defendant was acquitted of aggravated robbery and People sought review of certain trial court rulings. Rulings Approved 1. CRIMINAL LAW — Witnesses […]
FLOURNOY v. SAYLES, 37 Colo. App. 67 (1975)
(544 P.2d 649) Roy Flournoy and Ruth Flournoy v. Delores I. Sayles, Robert McComas, and Kenneth Oberholtzer and School District Number One in the City and County of Denver and State of Colorado No. 75-134Colorado Court of Appeals. Decided October 23, 1975. Opinion modified, and as modified petition for rehearing denied November 20, 1975. In […]
EMBREE v. AMERICAN CONTINENTAL, 684 P.2d 951 (Colo.App. 1984)
John Embree and Linda Embree, Plaintiffs-Appellants, v. American Continental Corporation, an Ohio Corporation, d/b/a Medema Homes, Defendant-Appellee. No. 83CA0067Colorado Court of Appeals. Decided June 21, 1984. Appeal from the District Court of Arapahoe County Honorable Thomas C. Levi, Judge Hornbein, MacDonald, Fattor Buckley, P.C., Donald P. MacDonald, Rhett K. Dacus, for plaintiffs-appellants. George Alan Holley […]
PEOPLE v. WEISER, 789 P.2d 454 (Colo.App. 1989)
The People of the State of Colorado, Plaintiff-Appellee, v. Paul Richard Weiser, Defendant-Appellant. No. 88CA0772Colorado Court of Appeals. Decided September 14, 1989. Rehearing Denied November 9, 1989. Petition for Writ of Certiorari Denied March 12, 1990 (89SC661). Appeal from the District Court of Rio Blanco County Honorable Thomas W. Ossola, Judge Page 455 Duane Woodard, […]
PEOPLE v. JARAMILLO, 163 Colo. 39 (1967)
(428 P.2d 67) The People of the State of Colorado v. David Ralph Jaramillo, C. J. Herbertson, Timothy Cisneros, Lupe Cisneros, Joseph Jaramillo and Martha Jaramillo. No. 22226.Supreme Court of Colorado. Decided May 29, 1967. From the denial of forfeiture of certain bail bonds, the People brought error. Reversed. 1. BAIL — Bond — Breach […]
MYERS v. GRIFFITH, 108 Colo. 218 (1941)
115 P.2d 397 MYERS ET AL. v. GRIFFITH. No. 14,686.Supreme Court of Colorado. Decided June 30, 1941. Suit to rescind a contract and to obtain the return of a promissory note, alleged to have been obtained by fraud, and which was secured by a trust deed on real estate. Judgment for plaintiff. Affirmed. 1. APPEAL […]
BARBA v. STATE FARM, 759 P.2d 750 (Colo.App. 1988)
Carol Barba, Plaintiff-Appellant, v. State Farm Mutual Automobile Insurance Company, a corporation, Defendant-Appellee. No. 85CA0431Colorado Court of Appeals. Decided February 4, 1988. Rehearing Denied March 3, 1988. Certiorari Granted Barba August 22, 1988 (88SC132). Certiorari Withdrawn September 23, 1988. Appeal from the District Court of the City and County of Denver Honorable Gilbert A. Alexander, […]
BD. OF CT’Y v. HYGIENE FIRE PROT., 221 P.3d 1063 (Colo. 2009)
BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF BOULDER Petitioner v. HYGIENE FIRE PROTECTION DISTRICT, Respondent. No. 09SC68.Supreme Court of Colorado. December 14, 2009. Rehearing Denied January 11, 2010.[*] [*] Justice MARTINEZ, Justice COATS, and Justice EID would grant the Petition. Appeal from the Boulder County District Court, Morris Sandstead, J. Page 1064 Harold L. […]
ORCHARD MESA IRRIG. v. DENVER, 182 Colo. 59 (1973)
(511 P.2d 25) Orchard Mesa Irrigation District v. City and County of Denver, Acting by and through its Board of Water Commissioners, and the Northern Colorado Water Conservancy District No. 25645Supreme Court of Colorado. Decided June 11, 1973. Water rights case arising in connection with application of irrigation district for biennial finding of reasonable diligence […]
SENSIBLE HOUSING CO. v. TOWN OF MINTURN, 09CA1824 (Colo.App. 8-19-2010)
Sensible Housing Co., Inc., Plaintiff-Appellant, v. Town of Minturn, Colorado; Ginn Battle North, LLC; Ginn Battle South, LLC; and Ginn-LA Battle One, Ltd., LLLP, Defendants-Appellees. Court of Appeals No. 09CA1824.Colorado Court of Appeals. Division IV. August 19, 2010. Eagle County District Court No. 08CV161, Honorable Frederick W. Gannett, Judge. In this C.R.C.P. 106 action, plaintiff, […]
CARTER v. PEOPLE, 169 Colo. 531 (1969)
(458 P.2d 236) Robert Eugene Carter v. The People of the State of Colorado No. 22777.Supreme Court of Colorado. Decided September 8, 1969. Defendant, charged with robbery and conspiracy to commit robbery, was acquitted of robbery but convicted of conspiracy to commit robbery and brought error. Reversed 1. CONSPIRACY — Robbery — Acquittal — Dismissal […]
WESTMINSTER v. CHURCH, 167 Colo. 1 (1968)
445 P.2d 52 City of Westminster v. Marcus F. Church; Marcus F. Church, Trustee; The Mandalay Irrigation Company, A mutual ditch company, and the City of Broomfield, a municipal corporation. No. 21405. No. 21667.Supreme Court of Colorado. Decided September 16, 1968 Actions involving water rights wherein plaintiffs sought declaratory judgment and decree declaring an abandonment […]
PEOPLE v. ERICKSON, 194 Colo. 557 (1978)
(574 P.2d 504) The People of the State of Colorado v. Gary Lee Erickson No. 27649Supreme Court of Colorado. Decided February 6, 1978. Defendant was charged with aggravated robbery and violent crime and this appeal by the People challenges the trial court’s dismissal of the case because of lack of speedy prosecution. Reversed 1. CRIMINAL […]
MAURER v. DENVER URBAN, 781 P.2d 111 (Colo.App. 1989)
Mary Anne Maurer, Property Tax Administrator, State of Colorado, Plaintiff-Appellant, v. Denver Urban Economic Development Corporation, and Board of Assessment Appeals, State of Colorado, Defendant-Appellees. No. 88CA0037Colorado Court of Appeals. Decided May 4, 1989. Rehearing Denied 06/01/89 Certiorari Denied October 2, 1989 (89SC356). Appeal from the District Court of the City and County of Denver […]
PEOPLE v. PRICE, 969 P.2d 766 (Colo.App. 1998)
The People of the State of Colorado, Plaintiff-Appellee, v. Deborah A. Price, Defendant-Appellant. No. 96CA2194Colorado Court of Appeals. July 9, 1998 Rehearing Denied August 27, 1998 Certiorari Denied January 11, 1999 Appeal from the District Court of the City and County of Denver, Honorable Richard T. Spriggs, Judge, No. 95CR2702 JUDGMENT AFFIRMED Page 767 Gale […]
PEOPLE v. GARNER, 187 Colo. 294 (1975)
(530 P.2d 496) The People of the State of Colorado v. Ronald Garner No. 26139Supreme Court of Colorado. Decided January 13, 1975. Defendant was convicted of forcible rape and appealed. Affirmed 1. RAPE — Hitchhiker — Evidence — Sufficient — Forcible. Notwithstanding disputed evidence, record reflects that People presented ample sufficient evidence, which, together with […]
LALLIER CO. v. MORRISON, 93 Colo. 305 (1933)
25 P.2d 729 H. C. LALLIER CONSTRUCTION AND ENGINEERING COMPANY v. MORRISON, ADMINISTRATOR. No. 12,936.Supreme Court of Colorado. Decided September 25, 1933. Action for accounting and to recover a share of profits resulting from a joint enterprise. Judgment for plaintiff. Affirmed. 1. REFERENCES — Accounting. One thing, among others, necessary to set the Code provision […]
IN RE MARRIAGE OF ERICKSON, 43 Colo. App. 319 (1979)
(602 P.2d 909) In re the Marriage of Douglas A. Erickson, and Janice E. Erickson No. 79CA0021Colorado Court of Appeals. Decided November 1, 1979. Husband appealed an order increasing by $40 his monthly child support obligations for each of the parties’ two children and awarding the wife $150 as attorney fees. Affirmed 1. DISSOLUTION OF […]
PEOPLE v. JACKSON, 742 P.2d 929 (Colo.App. 1987)
The People of the State of Colorado, Plaintiff-Appellee, v. Leroy Jackson, Defendant-Appellant. No. 85CA1199Colorado Court of Appeals. Decided February 12, 1987. Rehearing Denied March 26, 1987. Certiorari Denied Jackson September 8, 1987 (87SC165). Appeal from the District Court of El Paso County Honorable Robert M. Elliott, Judge Duane Woodard, Attorney General, Charles B. Howe, Chief […]
ROBINSON v. INDUSTRIAL COMMISSION, 713 P.2d 403 (Colo.App. 1985)
Audrey Robinson, Petitioner, v. Campbell Development, Inc.; Home Indemnity Company, and The Industrial Commission of the State of Colorado, Respondents. No. 84CA0642Colorado Court of Appeals. Decided October 17, 1985. Rehearing Denied November 29, 1985. Certiorari Denied January 27, 1986 (85SC488). Review of Order from the Industrial Commission of the State of Colorado Page 404 Banowetz, […]
JENSEN v. JENSEN, 92 Colo. 169 (1933)
18 P.2d 1016 JENSEN v. JENSEN. No. 12,833.Supreme Court of Colorado. Decided January 23, 1933. On motion to set aside decree of divorce. Motion granted. Reversed. On Application for Supersedeas. 1. MAXIMS — Knowledge of Law. Every person is presumed to know the law. 2. JURISDICTION — Consent. Although consent cannot confer jurisdiction, it can […]
NORTON v. BOARD OF EDUCATION, 748 P.2d 1337 (Colo.App. 1987)
Charlotte Norton, Petitioner, v. Board of Education of Jefferson County Schools, Respondent. No. 85CA1046Colorado Court of Appeals. Decided August 20, 1987. Rehearing Denied September 17, 1987 Certiorari Denied January 11, 1988 (87SC386). Review of Order from the Board of Education of Jefferson County Page 1338 Hobbs/Bethke Associates, Larry F. Hobbs, William P. Bethke, for Petitioner. […]
PEOPLE v. SMITH, 828 P.2d 249 (Colo. 1992)
The People of the State of Colorado, Complainant, v. David Paul Smith, Attorney-Respondent. No. 92SA52Supreme Court of Colorado. Decided April 13, 1992. Original Proceeding in Discipline. Linda Donnelly, Disciplinary Counsel, James C. Coyle, Assistant Disciplinary Counsel, for Complainant. David P. Smith, Pro Se. EN BANC PER CURIAM [1] This is an attorney discipline proceeding. The […]
SHULTZ v. LINDEN-ALIMAK, INC., 734 P.2d 146 (Colo.App. 1986)
Robert Shultz and Kathy Shultz, Plaintiffs-Appellants, v. Linden-Alimak, Inc., a Connecticut corporation, formerly doing business as Heede International, a Connecticut corporation, and Linden-Alimak, A.B., a Swedish corporation, Defendants-Appellees. No. 84CA0417 No. 84CA0702Colorado Court of Appeals. Decided October 23, 1986. Rehearing Denied November 26, 1986. Certiorari Denied Schultz March 23, 1987 (86SC424). Appeal from the District […]
PEOPLE v. LACY, 157 Colo. 569 (1965)
(404 P.2d 260) THE PEOPLE OF THE STATE OF COLORADO AND NEIL TASHER, INHERITANCE TAX COMMISSIONER v. ROBIN THURLOW LACY, EXECUTOR OF THE ESTATE OF F. THURLOW LACY, DECEASED. No. 20916.Supreme Court of Colorado. Decided July 19, 1965. Action involving an inheritance tax assessment. From a decree of the County Court sustaining objections of executor […]
PEOPLE EX REL. J.R., 216 P.3d 1220 (Colo.App. 2009)
The PEOPLE of the State of Colorado, Petitioner-Appellee, v. In the Interest of J.R., Juvenile-Appellant. No. 08CA1709.Colorado Court of Appeals. August 6, 2009. Appeal from the District Court, Adams County, Harlan R. Bockman, J. Page 1221 John W. Suthers, Attorney General, Elizabeth Rohrbough, Senior Assistant Attorney General, Denver, Colorado, for Petitioner-Appellee. Douglas K. Wilson, Colorado […]
LEGGETT CO. v. PUBLIC SERVICE CO., 148 Colo. 305 (1961)
(365 P.2d 819) THE LEGGETT DITCH AND RESERVOIR COMPANY v. PUBLIC SERVICE COMPANY OF COLORADO. No. 19,496.Supreme Court of Colorado. Decided October 30, 1961. Action involving right to store water in reservoir. Judgment for defendant. Affirmed. 1. WATER RIGHTS — Reservoir — Storage Rights — Contract. Where Reservoir company and power company combined their respective […]
FURER v. ALLIED STEEL, 174 Colo. 171 (1971)
(483 P.2d 212) Lieb Furer, Ita Furer, Sam Furer, Max Furer v. Allied Steel Company, Dave C. Hahl, Boulden Partitions, Inc., Langfur Construction Corp. No. 24486.Supreme Court of Colorado. Decided April 5, 1971. Action to enforce and foreclose a mechanic’s lien. Judgment in favor of claimants. Affirmed. 1. TRIAL — Delay — Judgment — Reversal […]
PEOPLE v. COSTA, 193 Colo. 386 (1977)
(566 P.2d 366) The People of the State of Colorado v. Joseph A. Costa No. 27650Supreme Court of Colorado. Decided July 18, 1977. Interlocutory appeal by the People from an order suppressing a statement made by defendant while confined in jail. Ruling Affirmed 1. CRIMINAL LAW — Statements — Voluntariness — Basis — Totality of […]
PEOPLE v. BARNTHOUSE, 948 P.2d 534 (Colo. 1997)
The PEOPLE of the State of Colorado, Complainant, v. William J. BARNTHOUSE, Attorney-Respondent. No. 97SA299.Supreme Court of Colorado. En Banc. November 24, 1997. Linda Donnelly, Disciplinary Counsel, James S. Sudler, Assistant Disciplinary Counsel, Denver, for Complainant. Craig L. Truman, Denver, for Attorney-Respondent. En Banc. BENDER, J., does not participate. PER CURIAM. [1] This is a […]
PROFESSIONAL BULL RIDERS, INC. v. AUTOZONE, INC., 113 P.3d 757 (Colo. 2005)
In re: Plaintiff-Counterdefendant-Appellant/Cross-Appellee: PROFESSIONAL BULL RIDERS, INC., a Colorado corporation, v. Defendant-Counterclaimant-Appellee/Cross-Appellant: AUTOZONE, INC., and Intervenor-Appellee/Cross-Appellant: Speedbar, Inc. No. 05SA30.Supreme Court of Colorado. En Banc. June 13, 2005. Page 758 Rothgerber Johnson Lyons, LLP, Edward A. Gleason, Colorado Springs, for Professional Bull Riders, Inc. White and Steele, P.C., William K. Rounsborg, John M. Lebsack, Denver, […]
ARMSTRONG v. DRISCOLL CO., 107 Colo. 218 (1941)
110 P.2d 651 ARMSTRONG, STATE TREASURER v. DRISCOLL CONSTRUCTION COMPANY. No. 14,744.Supreme Court of Colorado. Decided February 10, 1941. An action to recover a refund of taxes paid on gasoline used in state highway construction. Judgment for plaintiff. Reversed. 1. TAXES AND TAXATION — Motor Fuel — Refund. Refunds of taxes paid on motor fuel […]
PEOPLE v. RIVERA, 37 Colo. App. 4 (1975)
(542 P.2d 90) The People of the State of Colorado v. Robert Ismal Rivera No. 74-554Colorado Court of Appeals. Decided September 23, 1975. Rehearing denied October 9, 1975. Certiorari denied November 24, 1975. Defendant appealed his conviction of charge of escape. Affirmed 1. CRIMINAL LAW — Crimes — Escape — Documents of Lawful Confinement — […]
LaDUKE v. CFI STEEL CORP., 785 P.2d 605 (Colo. 1990)
Raymond LaDuke, James McDowell, Don Clifton, Lisa Shay and Troy Jackson, individually and in their official capacity as members of the Board of Assessment Appeals of the State of Colorado; Board of Assessment Appeals of the State of Colorado; George D. Amaya, James M. Brewer and Sollie Raso, individually and in their official capacity as […]
CURRAGH QUEENSLAND MINING v. DRESSER, 55 P.3d 235 (Colo.App. 2002)
Curragh Queensland Mining Limited, a Delaware corporation, Plaintiff-Appellee and Cross-Appellant, v. Dresser Industries, Inc., a Delaware corporation; and Global Industrial Technologies, Inc., a Delaware corporation, Defendants-Appellants and Cross-Appellees, and TMPSC, Inc., a Delaware corporation, Plaintiff-Counterdefendant-Appellant and Cross-Appellee, v. Curragh Queensland Mining Limited, a Delaware corporation, Defendant-Counterclaimant-Appellee and Cross-Appellant. No. 00CA1049Colorado Court of Appeals. April 25, […]
LOWRIE v. HARVEY, 90 Colo. 425 (1932)
10 P.2d 335 LOWRIE v. HARVEY. No. 12,625.Supreme Court of Colorado. Decided March 14, 1932. Action to recover a United States bond deposited in lieu of bail in a criminal case. Judgment of dismissal. Reversed. 1. CRIMINAL LAW — Bail — Cash Bond. Where a United States bond was deposited with a sheriff by a […]
GOODYEAR TIRE v. HOLMES, 193 P.3d 821 (Colo. 2008)
The GOODYEAR TIRE RUBBER COMPANY, Petitioner v. Gary S. HOLMES, Respondent. No. 07SC263.Supreme Court of Colorado. October 6, 2008. Appeal from the Piktin County District Court, Thomas W. Ossola, J. Page 822 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 823 Wells, […]
CARTIER v. CARTIER, 88 Colo. 76 (1930)
291 P. 1035 CARTIER v. CARTIER. No. 12,482.Supreme Court of Colorado. Decided September 29, 1930. Action for divorce. Decree for successful plaintiff over her objection and on motion of guilty defendant. Reversed. 1. DIVORCE AND ALIMONY — Statutes — Void Decree. A decree of divorce entered on motion of the guilty party under c. 91. […]
ERBAUGH v. FIELDS, 77 Colo. 254 (1925)
235 P. 568 ERBAUGH v. FIELDS. No. 11,193.Supreme Court of Colorado. Decided April 6, 1925. Rehearing denied May 4, 1925. Action under the forcible entry and detainer act. Appeal from justice to county court dismissed. Affirmed. On Application for Supersedeas. 1. APPEALS — Statutory Provisions. Appeals are creatures of statute and appellate courts have no […]
PEOPLE v. HURST, 07PDJ024 (Colo.O.P.D.J. 9-11-2007)
People v. Hurst. 07PDJ024.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. September 11, 2007. Attorney Regulation The Presiding Disciplinary Judge approved a Conditional Admission of Misconduct submitted by the parties and suspended Laurie A. Hurst (Attorney Registration No. 36575) for a period of three years, all but six months stayed upon […]
GREEN MT. FALLS v. COLO. SPRINGS, 97 Colo. 420 (1935)
49 P.2d 1150 IN THE MATTER OF THE ADJUDICATION OF WATER RIGHTS IN WATER DISTRICT No. 14, IRRIGATION DIVISION No. 2. TOWN OF GREEN MOUNTAIN FALLS v. COLORADO SPRINGS. No. 13,494.Supreme Court of Colorado. Decided October 7, 1935. Judgment affirmed in department without written opinion, Mr. Chief Justice Butler, Mr. Justice Hilliard and Mr. Justice […]
MYERS v. COLORADO, 162 Colo. 435 (1967)
(428 P.2d 83) Ruth E. Myers and Industrial Commission of Colorado v. State of Colorado and State Compensation Insurance Fund No. 22342.Supreme Court of Colorado. Decided May 1, 1967. Opinion modified and as modified petition for rehearing denied June 19, 1967. From judgment setting aside award of Commission and ordering reduction in compensation benefits in […]
LAVATO v. PEOPLE, 159 Colo. 223 (1966)
(411 P.2d 328) Robert E. Lavato, a/k/a Robert E. Lovato, Plaintiff, v. The People of the State of Colorado, Defendant. No. 21266Supreme Court of Colorado. Decided February 7, 1966. Rehearing Denied March 14, 1966. Defendant was convicted of the unlawful and felonious possession of cannabis and brings error. Affirmed 1. SEARCHES AND SEIZURES. — Evidence […]
PEOPLE EX REL. v. COUNTY COURT, 109 Colo. 447 (1942)
126 P.2d 334 PEOPLE EX REL. LUCKE v. COUNTY COURT OF ADAMS COUNTY ET AL. No. 14,939.Supreme Court of Colorado. Decided May 11, 1942. Rehearing denied June 1, 1942. A proceeding in prohibition involving alleged contempt of petitioner for violation of an order of the county court awarding the custody of a minor son to […]
KNOCH v. COUNTY OF MESA, 159 Colo. 241 (1966)
(411 P.2d 1) William Knoch, Plaintiff, v. County of Mesa, State of Colorado, Defendant. No. 21066Supreme Court of Colorado. Decided February 14, 1966. Action to set aside treasurer’s deed on the basis of invalidity. From a summary judgment in favor of defendant, plaintiff brings error. Affirmed 1. TAXATION. — Deed — Validity — Notice — […]
PEOPLE v. PIETRANTONIO, 727 P.2d 407 (Colo.App. 1986)
The People of the State of Colorado, Plaintiff-Appellee, v. Dennis Edward Pietrantonio, Defendant-Appellant. No. 84CA0825Colorado Court of Appeals. Decided August 21, 1986. Rehearing Denied September 18, 1986. Appeal from the District Court of El Paso County Honorable John F. Gallagher, Judge Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, […]
PEOPLE v. BRIDGES, 620 P.2d 1 (Colo. 1980)
The People of the State of Colorado v. Walter T. Bridges No. 79SA438Supreme Court of Colorado. Decided September 22, 1980. Rehearing denied October 6, 1980. Opinion modified and as modified rehearing denied December 15, 1980. Appeal from the District Court of El Paso County, Honorable William M. Calvert, Judge. Page 2 J. D. MacFarlane, Attorney […]
PEOPLE v. HICKEY, 914 P.2d 377 (Colo.App. 1995)
The People of the State of Colorado, Plaintiff-Appellee, v. Richard Dale Hickey, Defendant-Appellant. No. 94CA0314Colorado Court of Appeals. Decided March 9, 1995 Rehearing Denied April 27, 1995. Certiorari Denied September 5, 1995. Appeal from the District Court of Larimer County Honorable William F. Dressel, Judge No. 86CR382. CAUSE REMANDED WITH DIRECTIONS. Gale A. Norton, Attorney […]
PEOPLE v. CLIFTON, 74 P.3d 519 (Colo.App. 2003)
The People of the State of Colorado, Plaintiff-Appellee, v. Michael H. Clifton, a/k/a Michael Jermaine Clifton, Defendant-Appellant. No. 00CA0977.Colorado Court of Appeals. Division III. June 5, 2003. Arapahoe County District Court No. 98CR2398; Honorable John P. Leopold, Judge. JUDGMENT AND SENTENCES AFFIRMED AND CASE REMANDED WITH DIRECTIONS. Page 520 Ken Salazar, Attorney General, Barbara S. […]
GRAESER v. HAIGLER, 117 Colo. 197 (1947)
185 P.2d 781 GRAESER v. HAIGLER. No. 15,738.Supreme Court of Colorado. Decided September 29, 1947. An action to have a water right declared abandoned. Judgment for defendant. Affirmed. 1. WATER RIGHTS — Abandonment — Point of Diversion. A water right owner by changing the point of diversion or procuring a priority decree in which the […]
ASHTON PROPERTIES, LTD. v. OVERTON, 107 P.3d 1014 (Colo.App. 2004)
ASHTON PROPERTIES, LTD., a California general partnership, and Daniel D. Miller, surviving general partner of Ashton Properties, Ltd., Plaintiffs-Appellants, v. A.L. OVERTON; Overton Babiarz Sykes, P.C., a Colorado professional corporation; and Realamerica Ventures, LLC, a Colorado corporation, Defendants-Appellees. Nos. 03CA0292, 03CA0812.Colorado Court of Appeals. Division II. August 26, 2004. Appeal from the District Court, Arapahoe […]
PEOPLE v. BRADY, 09PDJ088 (Colo.O.P.D.J. 10-15-2010)
People v. Brady. 09PDJ088.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. October 15, 2010. Attorney Regulation. The Presiding Disciplinary Judge approved a Conditional Admission of Misconduct submitted by the parties and suspended Mark Henderson Brady (Attorney Registration No. 20601) from the practice of law for a period of one year and […]
PETERSON v. HALSTED, 829 P.2d 373 (Colo. 1992)
(90SC418) Donald O. Peterson and Penelope G. Peterson, Petitioners, v. Barry Halsted, Respondent, and (90SC519) Donald O. Peterson and Penelope G. Peterson, Petitioners, v. Teresa Billings, mother and best friend of her deceased child, Eva Marie Halsted, Respondent. No. 90SC418 No. 90SC519Supreme Court of Colorado. Decided April 6, 1992. Page 374 Certiorari to the Colorado […]
JONES v. STURGIS, 118 Colo. 579 (1948)
199 P.2d 645 JONES v. STURGIS ET AL. No. 16,127.Supreme Court of Colorado. Decided October 18, 1948. An action to remove a cloud upon the title to real property. Judgment for plaintiffs. Affirmed. 1. APPEAL AND ERROR — Court Findings. Where the undisputed evidence supports the findings of the trial court, they will not be […]
PEOPLE v. MORENO, 739 P.2d 866 (Colo.App. 1987)
The People of the State of Colorado, Plaintiff-Appellee, v. Martin Moreno, Defendant-Appellant. No. 85CA0450Colorado Court of Appeals. Decided March 5, 1987. Rehearing Denied March 26, 1987. Certiorari Denied Moreno June 29, 1987 (87SC170). Appeal from the District Court of La Plata County Honorable Al H. Haas, Judge. Duane Woodard, Attorney General, Charles B. Howe, Chief […]