Category: Colorado Court Opinions

CITY AND COUNTY OF DENVER, Petitioner, v. INDUSTRIAL CLAIM APPEALS OFFICE of the State of Colorado and Stephen Barnhill, Respondents. No. 03CA1769.Colorado Court of Appeals. Division IV. August 26, 2004. Certiorari Denied January 24, 2005. Cole Finegan, City Attorney, John D. Beckman, Assistant City Attorney, Denver, Colorado, for Petitioner. Page 1020 Ken Salazar, Attorney General, […]

(486 P.2d 12) Fred Simpson, Jr., Executor of the Estate of Elmer Hartner, Deceased v. Millers National Insurance Company No. 23166Supreme Court of Colorado. Decided June 21, 1971 Action by executor of estate of deceased insurance against insurer arising out of a claim for fire loss on a policy issued by insurer. From an adverse […]

Quinton R. Maxwell, Plaintiff-Appellant, v. W.K.A., Inc., a Colorado corporation, and Carl Wasinger, individually, Defendants-Appellees. No. 84CA0942 No. 84CA1156Colorado Court of Appeals. Decided May 1, 1986. Rehearing Denied June 19, 1986. Certiorari Denied November 3, 1986 (86SC240). Appeal from the District Court of the City and County of Denver Honorable Raymond Dean Jones, Judge Page […]

(527 P.2d 886) Hamilton Enterprises, Ltd., a Colorado corporation v. South Park Land and Livestock Company, Inc., a Colorado corporation; Max J. Ruderian; Albert A. Spiegel; Irwin Krauss; S. G. Payte; and Frances E. Green, Public Trustee of the County of Park, State of Colorado No. 73-171Colorado Court of Appeals. Decided August 7, 1974. Rehearing […]

(497 P.2d 1029) Herbert B. Duncan v. The People of the State of Colorado No. 24597Supreme Court of Colorado. Decided May 30, 1972. Defendant was convicted of forgery and brought error. Affirmed 1. COURTS — Miranda Rights — Jail — Police Building — Twice Advised — Identification Papers — Statement — Voluntary. Where defendant was […]

(425 P.2d 302) Jerry L. Slater, June E. Slater, and Idaho Builders, Inc. a Colorado corporation v. Van Schaack Company No. 21223.Supreme Court of Colorado. Decided March 20, 1967. Garnishment proceedings by judgment creditors. From judgment in favor of garnishee, judgment creditors bring error. Affirmed. 1. GARNISHMENT — Pleadings — Summons — Answer — Evidence […]

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. avid Lee MARQUEZ, Defendant-Appellee. No. 08SA186.Supreme Court of Colorado. November 3, 2008. Appeal from the District Court, City and County of Denver, Martin F. Egelhoff, J. Page 698 Mitchell R. Morrissey, District Attorney, 1st Judicial District, Evan W. Jones, Deputy District Attorney, Denver, Colorado, Attorneys for […]

(216 P.2d 659) IN THE MATTER OF THE PEOPLE IN THE INTEREST OF KATHLEEN ANN MURLEY. MURLEY v. MURLEY. No. 16,327.Supreme Court of Colorado. Decided March 27, 1950. A proceeding involving the dependency and custody of Kathleen Ann Murley, a minor child twenty-three months of age. Amelia Murley, defendant in error, filed her petition in […]

195 P.2d 742 TARBOX v. TARBOX. No. 16,064.Supreme Court of Colorado. Decided June 21, 1948. Rehearing denied July 6, 1948. An action for divorce and alimony. The trial court entered a decree in favor of plaintiff wife. PER CURIAM. Judgment affirmed en banc without written opinion, and cause remanded to the district court for consideration […]

(612 P.2d 1099) The People of the State of Colorado v. Sammy Naranjo No. 79SA457Supreme Court of Colorado. Decided May 19, 1980. Rehearing denied July 14, 1980. Defendant convicted of first-degree kidnapping and first-degree sexual assault and he appeals. Affirmed in Part, Reversed in Part. 1. KIDNAPPING — First Degree — “To Make Any Concession” […]

(405 P.2d 677) Fellers-Schoonmaker Homes, Inc. v. Five-Star Homes and Real Estate, Inc. No. 20987Supreme Court of Colorado. Decided September 13, 1965. Action for breach of realty contract by purchaser against vendor. Judgment for plaintiff. Affirmed. 1. VENDOR AND PURCHASER — Contract — Breach — Annexation Fee — Payment. Trial court concluded correctly in holding […]

Ampex Corporation and Wausau Insurance Companies, Petitioners, v. Industrial Commission of the State of Colorado; Director, Department of Labor and Employment; Division of Labor, State of Colorado and Ronald Hartman, Respondents. No. 84CA0664Colorado Court of Appeals. Decided March 21, 1985. Page 981 Review of Order from the Industrial Commission of the State of Colorado Zarlengo, […]

Leilani J. Beverly, Plaintiff-Appellee, v. Eugene P. Cardinal, Defendant-Appellant. No. 85CA0878Colorado Court of Appeals. Decided August 6, 1987. Page 443 Appeal from the District Court of El Paso County Honorable Matt M. Railey, Judge Kenneth A. Jaray, for Plaintiff-Appellee. Kane Donley, Mark H. Kane, for Defendant-Appellant. Division III. Opinion by JUDGE CRISWELL. [1] Defendant, Eugene […]

(570 P.2d 1309) Muriel Hansen and Carl Hansen v. Mercy Hospital, Denver, Colorado, and Belle Bonfils Memorial Blood Bank No. 76-741Colorado Court of Appeals. Decided August 25, 1977. Rehearing denied September 15, 1977. Certiorari granted November 15, 1977. In action arising from incident in which plaintiff contracted serum hepatitis through receiving blood transfusion, trial court […]

Miguel TRIMBLE, Petitioner v. The PEOPLE of the State of Colorado, Respondent. No. 05SC762.Supreme Court of Colorado. June 11, 2007. Rehearing Denied July 2, 2007.[*] [*] Justice Eid does not participate. Certiorari to the Colorado Court of Appeals, Court of Appeals Case No. 03CA647. Samler and Whitson, P.C., Eric A. Samler, Hollis A. Whitson, Denver, […]

John D. Campbell and Ken Campbell v. The Home Insurance Company No. 79SC95Supreme Court of Colorado. Decided May 4, 1981. Certiorari to the Colorado Court of Appeals Page 97 James H. Chalat, for petitioners. Long Jaudon, P.C., David B. Higgins, for respondent. En Banc. JUSTICE ERICKSON delivered the opinion of the Court. [1] We granted […]

249 P.2d 823 WHITE v. THE PEOPLE. No. 16,837.Supreme Court of Colorado. Decided October 6, 1952. Plaintiff in error was convicted of a violation of the confidence game statute. Reversed. 1. CRIMINAL LAW — Confidence Game. Mere words are not sufficient to warrant a conviction of the confidence game statute: “To constitute the offense, the […]

The People of the State of Colorado, Petitioner, v. Diane Ruth Sporleder, Respondent. No. 81SC233Supreme Court of Colorado. Decided June 27, 1983. Certiorari to the District Court of the County of Boulder, Honorable Rex Scott, Judge. Page 136 Alexander M. Hunter, District Attorney, Randall J. Paulsen, Deputy District Attorney, Richard F. Good, Deputy District Attorney, […]

The People of the State of Colorado, Complainant, v. Donald Joseph Vsetecka, Attorney-Respondent. No. 95SA105Supreme Court of Colorado. Decided April 24, 1995 Original Proceeding in Discipline. PUBLIC CENSURE. Page 1310 Linda Donnelly, Disciplinary Counsel, John S. Gleason, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. Dennis W. Hartley, Colorado Springs, Colorado, Donald Joseph Vsetecka, Colorado […]

The Colorado State Board of Accountancy, Petitioner, v. Zaveral Boosalis Raisch, a registered certified public accounting firm, Respondent. No. 96SC579Supreme Court of Colorado. May 26, 1998 Appeal from the District Court, City and County of Denver, Honorable Frank Martinez, Judge. JUDGMENT AFFIRMED Page 103 Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney […]

(569 P.2d 345) Dravo Corporation and Liberty Mutual Insurance Company v. The Industrial Commission of the State of Colorado, Juereta P. Smith, Director, Division of Labor and Don R. Riddle No. 77-260Colorado Court of Appeals. Decided September 8, 1977. Workmen’s compensation claimant who suffered heart attack because of overexertion was awarded 25% permanent disability, that […]

(351 P.2d 271) ADOLPH CEJA v. PEOPLE OF THE STATE OF COLORADO. No. 18,873.Supreme Court of Colorado. Decided April 18, 1960. Defendant was convicted of murder in the first degree and brings error. Affirmed. 1. CRIMINAL LAW — Evidence — Sufficiency — Instructions — Homicide — Degree. Where the record discloses that defendant had a […]

The City and County of Denver and Federico Pena, in his official capacity as Mayor of the City and County of Denver, Petitioners, v. John T. Casados, Jerry Draper, Roland Carter, and Augustine Villalobos, and all others similarly situated, Respondents. No. 92SC195Supreme Court of Colorado. Decided October 4, 1993. Certiorari to the Colorado Court of […]

Jean Catoe, Trustee of W. H. Catoe Corn Growers, Inc., Pension Retirement Trust; Tina McDonald, Trustee for James W. McDonald, Jr., Attorney At Law, P.A., Pension Retirement Trust; James W. McDonald; Tina McDonald; William C. Catoe; and Jean Catoe, Plaintiffs-Appellees, v. Dean L. Knox and Donald R. Carpenter, Defendants-Appellants. No. 84CA1218Colorado Court of Appeals. Decided […]

The People of the State of Colorado, Plaintiff-Appellee, v. Douglas Dale Reyher, Defendant-Appellant. No. 84CA0650Colorado Court of Appeals. Decided May 22, 1986. Rehearing Denied July 3, 1986. Certiorari Denied November 3, 1986 (86SC281). Appeal from the District Court of Garfield County Honorable Thomas W. Ossola, Judge Page 334 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

In re the Marriage of Bernard V. Connell, Jr., Appellant, and Jeanne C. Connell, Appellee. No. 93CA0259Colorado Court of Appeals. Decided February 10, 1994 Appeal from the District Court of Arapahoe County Honorable Jack F. Smith, Judge, No. 91DR435 ORDER REVERSED AND CAUSE REMANDED WITH DIRECTIONS Page 633 Mary F. Lee, P.C., Mary F. Lee, […]

Mackintosh Brown and Sylvia L. Brown, Plaintiffs-Appellees, v. Don J. McDavid (and his successor, Devil’s Thumb Ranch and Cross Country Center, Inc., a Colorado corporation), Defendant-Appellant, and Mountain Valley Investment Corporation, a Colorado corporation, Defendant-Appellee, and B.J.R. Associates, a joint venture, Louis C. Yager, J. Donald Yager, George Yager, Louis C. Yager Company, Thomas Hilb, […]

Jim TATUM and Ann Tatum, Plaintiffs-Appellees, v. BASIN RESOURCES, INC., Defendant-Appellant. No. 03CA0750.Colorado Court of Appeals. November 17, 2005. As Modified on Denial of Rehearing February 23, 2006. Certiorari Denied August 28, 2006. Appeal from the District Court, Las Animas County, No. 01CV26, Jesse Manzanares, J. Page 864 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

The People of the State of Colorado, Plaintiff-Appellee, v. James W. Garcia, Defendant-Appellant. No. 86CA1537Colorado Court of Appeals. Decided May 12, 1988. Rehearing Denied June 9, 1988. Certiorari Denied November 28, 1988 (88SC325). Appeal from the District Court of the City and County of Denver Honorable Connie L. Peterson, Judge Page 1111 Duane Woodard, Attorney […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Samuel J. MARTINEZ, Defendant-Appellant. No. 05CA0906.Colorado Court of Appeals. February 8, 2007. Certiorari Denied September 11, 2007. Appeal from the District Court, Pueblo County, Victor E. Reyes, J. Page 24 John W. Suthers, Attorney General, Jonathan Patrick Fero, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee. James […]

The People of the State of Colorado, Plaintiff-Appellee, v. James Bradley Brockelman, Defendant-Appellant. No. 92CA1665Colorado Court of Appeals. Decided October 21, 1993. Appeal from the District Court of Jefferson County, Honorable Henry E. Nieto, Judge Gale A. Norton, Attorney General, Raymond T. Slaughter, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, Matthew S. Holman, […]

207 P.2d 1203 HOFFER v. HOFFER. No. 16,223.Supreme Court of Colorado. Decided May 31, 1949. Rehearing denied June 20, 1949. An action for divorce. Judgement and decree for plaintiff wife. Affirmed. 1. DIVORCE — Decrees. “Mere lapse of time transmutes an interlocutory decree into an absolute or final decree without any further action of the […]

162 P.2d 226 CARLSON ET AL. v. McNEILL, ADMINISTRATOR. No. 15,436.Supreme Court of Colorado. Decided September 17, 1945. An action for damages for conversion of property and trespass. Judgment for plaintiff. Affirmed. 1. DEEDS — Tax Sale — Title. Where the title of grantor in a deed to real property rests upon a tax deed, […]

134 P.2d 1053 VILES v. WALSH, DISTRICT JUDGE ET AL. No. 15,247.Supreme Court of Colorado. Decided February 15, 1943. On petition for an order requiring respondents to show cause why they have refused to file certain criminal informations and prosecute accused thereunder. Order issued. Order to Show Cause, Discharged. 1. PUBLIC OFFICERS — Refusal to […]

The People of the State of Colorado, Plaintiff-Appellant, v. Donna Yaklich, Defendant-Appellee. No. 88CA1369Colorado Court of Appeals. Decided November 21, 1991. Rehearing Denied January 9, 1992. Certiorari Denied August 10, 1992 (92SC63). Appeal from the District Court of Pueblo County Honorable Jack F. Seavy, Judge. Page 759 G.F. Sandstrom, Jr., District Attorney, James S. Whitmire, […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Charles Grimm STEINBECK, Defendant-Appellant. No. 05CA0259.Colorado Court of Appeals. September 20, 2007. Rehearing Denied November 29, 2007. Appeal from the District Court, Arapahoe Page 55 County, Cheryl L. Post, J. Page 56 John W. Suthers, Attorney General, Jennifer A. Berman, Assistant Attorney General, Denver, Colorado, for […]

(578 P.2d 651) James R. Benson, Jr. v. Harold L. McCormick, in his capacity as State Senator in the 51st General Assembly of the State of Colorado No. 27860Supreme Court of Colorado. Decided May 15, 1978. Action by appellant for injunctive relief against appellee, alleging that Senator Harold L. McCormick, as chairman of the Senate […]

Larry Hoffman and Robin Hoffman, Petitioners, v. The People of the State of Colorado, Respondent. No. 87SC453 No. 87SC463Supreme Court of Colorado. Decided September 18, 1989. Rehearing Denied October 23, 1989. Certiorari to the Colorado Court of Appeals David F. Vela, Colorado State Public Defender, Linda Perkins, Deputy State Public Defender, Kathleen Lord, Deputy State […]

(398 P.2d 978) ANGELITA A. PACHECO v. JOSEPH E. PACHECO. No. 21519.Supreme Court of Colorado. Decided February 8, 1965. From a refusal by trial court to entertain his motion for attorney’s fees with reference to action for separate maintenance, attorney brings error. Reversed and Remanded. 1. HUSBAND AND WIFE — Separate Maintenance — Reconciliation — […]

Bobbie Eugene Pruitt, Plaintiff-Appellant, v. Louis Hess, in his official and individual capacities, Michael Vigil, in his official and individual capacities, Centennial Correctional, Frank O. Gunter, in his official and individual capacities, Bradley Rockwell, in his official and individual capacities, and Colorado Department of Corrections, Defendants-Appellees. No. 95CA0162Colorado Court of Appeals. Decided February 8, 1996 […]

Katherine Voight, Plaintiff-Appellant and Cross-Appellee, v. The Colorado Mountain Club, a Colorado corporation, Defendant-Appellee and Cross-Appellant. No. 89CA1684Colorado Court of Appeals. Decided August 1, 1991. Rehearing Denied September 5, 1991. Page 1089 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 1090 Appeal […]

125 P.2d 962 NEBRASKA BRIDGE SUPPLY AND LUMBER COMPANY v. DEAKIN ET AL. No. 14,897.Supreme Court of Colorado. Decided April 27, 1942. An action to recover for materials and supplies used in Colorado highway construction. Judgment of dismissal. Reversed. 1. CONTRACTS — Third Party Beneficiaries. A third party beneficiary under a contract may recover if […]

(587 P.2d 275) The People of the State of Colorado v. Charles Hampton and Angelo Horatio Macias No. 28031Supreme Court of Colorado. Decided November 13, 1978. Interlocutory appeal by the People after the trial court suppressed evidence obtained in the course of a search of an automobile which was used in an attempted robbery. Ruling […]

(277 P.2d 527) MOUNTAIN MEADOW DITCH AND IRRIGATION COMPANY v. PARK DITCH AND RESERVOIR COMPANY ET AL. No. 17,225.Supreme Court of Colorado. Decided December 13, 1954. An action involving the priority of right to the use of water for irrigation. Judgments for plaintiffs. Affirmed. 1. WATER RIGHTS — Title — Ownership. “As between rival claimants […]

248 P.2d 725 McBRIDE v. THE PEOPLE. No. 16,873.Supreme Court of Colorado. Decided September 15, 1952. Plaintiff in error was convicted of “confidence game” and sentenced to serve a term in the state penitentiary. Affirmed. 1. WORDS AND PHRASES — False. The word “false” denotes an intentional deliberate and willful untruth, something beyond mere inaccuracy; […]

Dennis Stratford and Joan Stratford v. John Littlehorn, Pamela Littlehorn and Charles M. Goldben No. 80CA1039Colorado Court of Appeals. Decided June 25, 1981. Rehearing denied July 16, 1981. Certiorari granted October 26, 1981. Appeal from the District Court of Adams County, Honorable Dorothy E. Binder, Judge. Page 911 John D. Watson, P.C., John D. Watson, […]

(471 P.2d 625) Circle Savings Loan Association, a Colorado corporation v. William C. Norton and Edith V. Norton No. 70-094 (Supreme Court No. 23213)Colorado Court of Appeals. Decided April 14, 1970. Action to recover funds from savings account which had been pledged by plaintiffs as collateral security on a loan by defendant to third parties. […]

(464 P.2d 866) Henry Glenn Westendorf v. The People of the State of Colorado. No. 23462.Supreme Court of Colorado. Decided February 9, 1970. Defendant pled guilty to the charge of receiving stolen goods and was sentenced to a term in the state penitentiary; he sought to set aside sentence imposed and to withdraw plea of […]

The Board of County Commissioners of Morgan County, Colorado; Commissioner John A. Crosthwait; Commissioner Cynthia Erker; Commissioner Mark Arndt; County Attorney Christina C. Bauer, Esq.; E. Ord Wells, Esq., of counsel to the Board of County Commissioners; Robert A. Sagel, Morgan County Treasurer, by their attorneys, Greengard, Senter, Goldfarb Rice; Robert J. Dyer, III, Esq.; […]

The People of the State of Colorado, Complainant, v. Darrell E. Nulan, Attorney-Respondent. No. 91SA137Supreme Court of Colorado. Decided December 3, 1991. Original Proceeding in Discipline. Linda Donnelly, Disciplinary Counsel, John P. Gleason, Assistant Disciplinary Counsel, for Complainant. Kenneth Norman Kripke, for Attorney-Respondent. EN BANC PER CURIAM [1] In this attorney discipline proceeding, a majority […]

Steven L. Wiser, Petitioner, v. The People of the State of Colorado, Respondent. No. 84SC426Supreme Court of Colorado. Decided February 9, 1987. Rehearing Denied March 9, 1987. Certiorari to the Colorado Court of Appeals Page 1140 David F. Vela, Colorado State Public Defender, Seth J. Benezra, Deputy State Public Defender, Janet Y. Fullmer, Deputy State […]

The People of the State of Colorado, Plaintiff-Appellee, v. Donna Marie Avery, Defendant-Appellant. No. 84CA0364Colorado Court of Appeals. Decided November 26, 1986. Rehearing Denied December 31, 1986. Certiorari Denied Avery May 18, 1987 (87SC40). Appeal from the District Court of Arapahoe County Honorable Charles A. Friedman, Judge Page 1234 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

The PEOPLE of the State of Colorado, Petitioner-Appellee, In the Interest of K.D., a Child, and Concerning K.S., a/k/a B.D., Respondent-Appellant. No. 06CA1916.Colorado Court of Appeals. February 8, 2007. Certiorari Denied March 26, 2007. Appeal from the District Court, Mesa County, Amanda D. Bailey, J., Page 635 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

(313 P.2d 315) AUDREY I. CUTTING v. JOHN DEANDREA, ET AL. No. 18,256.Supreme Court of Colorado. Decided June 24, 1957. From denial of motions for a bond to keep the peace and to restrain defendants from disposing of any of their property, the plaintiff brings error. Writ of Error Dismissed. 1. APPEAL AND ERROR — […]

(560 P.2d 91) Robert Kampman v. Donald L. Dunham and Georgia Dunham Donald L. Dunham and Georgia Dunham v. Robert Kampman No. C-907 No. C-909Supreme Court of Colorado. Decided February 22, 1977. Action by motorcyclist and his passenger against motorist to recover for personal injuries sustained when motorcycle collided with automobile driven by defendant. Jury […]

The People of the State of Colorado, Plaintiff-Appellee, v. Deanna Scofield, Defendant-Appellant. No. 01CA1292.Colorado Court of Appeals. Div. V. December 5, 2002. Rehearing Denied April 3, 2003. Certiorari Denied August 4, 2003. Page 386 Larimer County District Court No. 00CR1255; Honorable John-David Sullivan, Judge APPEAL DISMISSED Division V Rothenberg and Webb, JJ., concur Ken Salazar, […]

The City of Montrose, Colorado, a municipal corporation v. Public Utilities Commission of the State of Colorado and Edythe S. Miller, Sanders G. Arnold, and Daniel E. Muse, Individually and as commissioners thereof, and Rocky Mountain Natural Gas Co., Inc. No. 80SA38Supreme Court of Colorado. Decided June 15, 1981. Appeal from the District Court of […]

210 P.2d 214 GERICK v. BROCK. No. 16,040.Supreme Court of Colorado. Decided September 6, 1949. An action for damages for injuries to plaintiff resulting from a personal assault by defendant. Judgment for plaintiff. Affirmed. 1. APPEAL AND ERROR — Sufficiency of Evidence. In an action for damages for personal injuries resulting from a bodily assault, […]

30 P.2d 256 HORTON, COUNTY TREASURER v. McFERSON, BANK COMMISSIONER. No. 13,423.Supreme Court of Colorado. Decided February 19, 1934. Action in accounting by county treasurer against bank commissioner in charge of affairs of insolvent bank in which county funds were deposited. Judgment for defendant. Affirmed. On Application for Supersedeas. 1. CONTRACTS — Trust Agreement — […]

(589 P.2d 1366) Larry Miller, a/k/a Larry D. Miller v. Richard D. Lamm, Governor of the State of Colorado; Daniel J. Cronin, Manager of Safety in and for the City and County of Denver; Wayne K. Patterson, Under-Sheriff in and for the City and County of Denver, State of Colorado No. 27938Supreme Court of Colorado. […]

Michael J. Craig, Defendant-Appellant v. The People Of The State Of Colorado, Plaintiff-Appellee. No. 99SA159Supreme Court of Colorado. October 4, 1999 Appeal from the District Court, City and County of Denver Honorable Frank Martinez and Honorable Larry J. Naves, Judges. JUDGMENT AFFIRMED AND CASE REMANDED WITH DIRECTIONS Page 952 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

(495 P.2d 204) Douglas L. Hervey v. The People of the State of Colorado No. 24038Supreme Court of Colorado. Decided March 27, 1972. Defendant was convicted of first-degree murder and brought error. Reversed 1. CRIMINAL EVIDENCE — Fingerprints — Conviction — Clear and Unequivocal. Fingerprint evidence warrants a conviction when the fingerprints clearly and unequivocally […]

Samuel WALKER and Diane Walker, Plaintiffs-Appellants, Roger VAN LANINGHAM, Barbara Van Laningham, Leslie Ezell, Katherine Ezell, Jeff Jones, and Cheryl Jones, Defendants-Appellees. No. 05CA0564.Colorado Court of Appeals. September 7, 2006. Appeal from the Teller County District Court, No. 04CV345, Thomas L. Kennedy, J. Page 392 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

In the Matter of the Title, Ballot Title and Submission Clause, and Summary for 1999-2000 #33, Bennett S. Aisenberg, Petitioner, v. Douglas Campbell and Mark Dorn, Respondents, and Victoria Buckley, Rebecca Lennahan, and Richard Westfall, Title Board. No. 98SA486Supreme Court of Colorado. March 22, 1999 Original Proceeding Pursuant to 1-40-107 (2), 1 C.R.S. (1998) Appeal […]

High Gear and Toke Shop; Shadowfax, Inc., a Colorado corporation d/b/a Krackers Tapes Records #24; Wayne L. Stansbury d/b/a Budget Tapes and Records #17 Plaintiffs-Appellants, v. Paul Q. Beacom in his official capacity as District Attorney for the County of Adams; Bert Johnson in his official capacity as Sheriff for the County of Adams; Kenneth […]

(414 P.2d 468) Ferrell Stiles, etc. v. The People of the State of Colorado No. 21294.Supreme Court of Colorado. Decided May 23, 1966. Defendant was convicted of first degree arson, third degree arson, conspiracy to commit those crimes, burning of a building to defraud an insurer, and conspiracy to burn to defraud an insurer, and […]

The PEOPLE of the State of Colorado, In the Interest of T.E.H. and S.A.B., Children, Upon the Petition of the El Paso County Department of Human Services, Petitioner-Appellee, and Concerning T.A.-L. and D.K.A.B., Respondents-Appellants. No. 07CA0192.Colorado Court of Appeals. July 12, 2007. Appeal from the District Court, El Paso County, J. Patrick Kelly, J. Page […]

(574 P.2d 508) Vic E. Breeden, Executor of the Estate of Charline H. Breeden v. E. L. Dailey and Jean Dailey No. 76-467Colorado Court of Appeals. Decided September 15, 1977. Rehearing denied October 6, 1977. Certiorari denied February 6, 1978. In action for breach of fiduciary duty, the alleged fiduciary counterclaimed for damages based on […]

SUNCOR ENERGY (USA), INC., a Delaware corporation, Plaintiff-Appellee, v. ASPEN PETROLEUM PRODUCTS, INC., a Colorado corporation, Defendant-Appellant. No. 06CA1925.Colorado Court of Appeals. December 27, 2007. As Modified on Denial of Rehearing February 14, 2008. Appeal from the District Court, City and County of Denver, Michael A. Martinez, J. Page 1264 [EDITORS’ NOTE: THIS PAGE CONTAINS […]

Phyllis Van Dyke, Petitioner, v. The Industrial Claim Appeals Office of the State of Colorado and Regional Transportation District, Respondents. No. 92CA1133Colorado Court of Appeals. Decided May 20, 1993. Review of Order from the Industrial Claim Appeals Office of the State of Colorado Page 459 Ashen Associates, P.C., James E. Freemyer, for Petitioner. Gale A. […]

(273 P.2d 121) NELSON v. CENTENNIAL CASUALTY COMPANY. No. 17,236.Supreme Court of Colorado. Decided July 26, 1954. Petition for rehearing stricken August 12, 1954. An action on a written contract of employment for the payment of wages. Judgment of dismissal. Affirmed. 1. TRIAL — Motions — Dismissal — Nonsuit. “In order to sustain a defendant’s […]

(506 P.2d 392) Alan J. Waitkus v. William A. Cleveland Pomeroy, Jan Kevin Vesey and Fred E. Vesey No. 71-321Colorado Court of Appeals. Decided October 31, 1972. Rehearing denied December 12, 1972. Certiorari granted February 26, 1973. In personal injury action resulting from high speed auto chase accident, trial court ruled results of earlier action […]

The PEOPLE of the State of Colorado, In the Interest of N.A.T., J.M.T., Jr., and D.B.G., Children, Upon the Petition of the Denver Department of Human Services, Petitioner-Appellee, and Concerning T.T.C., Respondent-Appellant. No. 05CA1512.Colorado Court of Appeals. March 9, 2006. Certiorari Denied April 24, 2006. Appeal from the Juvenile Court, City and County of Denver, […]

COLORADO DEPARTMENT OF HUMAN SERVICES, State Veterans Home at Fitzsimons, and Colorado State Personnel Board, Petitioners v. Norma Jean MAGGARD, Respondent. No. 09SC910.Supreme Court of Colorado. February 7, 2011. Rehearing Denied February 28, 2011. Appeal from the Court of Appeals, 226 P.3d 1209. Page 709 John W. Suthers, Attorney General, Joseph F. Haughain, Senior Assistant […]

CITY OF STEAMBOAT SPRINGS, a Colorado home rule municipality, Petitioner-Appellee, v. Charles D. JOHNSON and Johnson Excavation, Inc., Respondents-Appellants. No. 09CA2520.Colorado Court of Appeals. August 5, 2010. Rehearing Denied September 9, 2010. Appeal from the District Court, Routt County, Shelley A. Hill, J. Page 1143 Anthony B. Lettunich, City Attorney, Daniel D. Foote, Staff Attorney, […]

11 P.2d 804 HAYHURST v. HAYHURST. No. 12,524.Supreme Court of Colorado. Decided May 16, 1932. Action for divorce. Decree for defendant. Affirmed. 1. APPEAL AND ERROR — Final Judgment. An order of court, vacating a previous order setting aside a judgment, is not in itself a final judgment from which an appeal will lie. 2. […]

(602 P.2d 859) In The Matter of the Claims for Water Rights Filed by the United States of America in Water Division No. 1 No. 79SA337 No. 79SA368Supreme Court of Colorado. November 13, 1979. Two separate but consolidated original proceedings in which it was requested that the Chief Justice or the court itself, or both, […]

195 P.2d 945 HILLMAN v. CHMELKA. No. 15,921.Supreme Court of Colorado. Decided July 12, 1948. An action to recover from a constable illegal fees collected by him. Judgment for plaintiff modified, and as modified, Affirmed. 1. PUBLIC OFFICERS — Fees. It is an inflexible rule that a public official can demand only such fees or […]

The People of the State of Colorado, Plaintiff-Appellee, v. Kenneth Ferguson, Defendant-Appellant. No. 99CA1266.Colorado Court of Appeals. November 8, 2001. Rehearing Denied February 21, 2002 El Paso County District Court No. 98CR0121 Honorable Richard P. Doucette, Judge. JUDGMENT REVERSED, SENTENCE VACATED, AND CASE REMANDED WITH DIRECTIONS Division IV Ruland and Vogt, JJ., concur Page 706 […]

(300 P.2d 533) WILLIAM H. FEHR, ET AL. v. JOHN M. HADDEN, ET AL. No. 17,922.Supreme Court of Colorado. Decided July 30, 1956. Action by stockholders of mutual water company to declare election of directors and of bond issue invalid. Judgment of dismissal. Affirmed. 1. CORPORATIONS — Stockholders — Eligibility to Vote. Under C.R.S. 1953, […]

Freedom Newspapers, Inc., d/b/a Colorado Springs Gazette Telegraph; and Phillip Witherow, Plaintiffs-Appellees, v. The Denver and Rio Grande Western Railroad Company, Defendant-Appellant. No. 85CA0021Colorado Court of Appeals. Decided May 15, 1986. Rehearing Denied June 26, 1986. Certiorari Denied (Railroad) January 20, 1987 (86SC251). Appeal from the District Court of El Paso County Honorable Matt M. […]

(520 P.2d 127) The People of the State of Colorado v. Arthur E. Golden No. 25707Supreme Court of Colorado. Decided March 18, 1974. Appeal from a denial of a motion to set aside a plea of guilty which resulted in a conviction of possession for sale of narcotics. Reversed 1. CRIMINAL PROCEDURE — Plea — […]

The People of the State of Colorado, Plaintiff-Appellee, v. Dennis Ray Jones, Defendant-Appellant. No. 80CA1205Colorado Court of Appeals. Decided October 21, 1982. Rehearing denied November 12, 1982. Certiorari Granted May 23, 1983. Page 128 Appeal from the District Court of the City and County of Denver Honorable Warren O. Martin, Judge. Page 129 J. D. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Gilbert E. Shackelford, Defendant-Appellant. No. 85CA0699Colorado Court of Appeals. Decided July 17, 1986. Rehearing Denied August 21, 1986. Certiorari Denied Shackelford December 22, 1986 (86SC318). Appeal from the District Court of the City and County of Denver Honorable Roger Cisneros, Judge Page 1017 Duane Woodard, Attorney […]

The People of the State of Colorado, Plaintiff-Appellant, v. Thomas Redinger, Defendant-Appellee. No. 95SA168Supreme Court of Colorado. Decided October 30, 1995 Interlocutory Appeal from the District Court, El Paso County Honorable Gilbert A. Martinez, Judge RULING AFFIRMED John Suthers, District Attorney, Fourth Judicial District Ann C. Joyce, Deputy District Attorney, Colorado Springs, Colorado, Attorneys for […]

The PEOPLE of the State of Colorado, Complainant, v. Robert E. WOODFORD, Respondent. Nos. 02PDJ107, 03PDJ036.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. July 12, 2004. Page 969 Attorney Regulation. Following a sanctions hearing at which Respondent did not appear, the Hearing Board disbarred Respondent, Robert E. Woodford, attorney registration number […]

(238 P.2d 196) JUMP v. WESTERN AMERICAN LIFE INSURANCE COMPANY. No. 16,753.Supreme Court of Colorado. Decided November 19, 1951. An action by a salesman to recover commissions from an insurance company. Judgment for defendant. Per Curiam. Judgment affirmed en banc without written opinion. Error to the County Court of the City and County of Denver, […]

66 P.2d 822 SQUIRE v. HILL. No. 14,128.Supreme Court of Colorado. Decided March 29, 1937. Suit for damages for alienation of affections. Judgment for plaintiff. Affirmed. On Application for Supersedeas. 1. HUSBAND AND WIFE — Presumption — Alienation of Affections. There is a presumption that a husband living and cohabiting with his wife has her […]

(225 P.2d 853) DUNKLEE ET AL. v. KETTERING. No. 16,426.Supreme Court of Colorado. Decided November 13, 1950. Rehearing denied January 2, 1951. A proceeding involving the interpretation of the will of a deceased person. The trial court entered judgment in favor of the trustee. Reversed. 1. WORDS AND PHRASES — Authorized. Ordinarily, the word “authorized” […]

(541 P.2d 120) Weaver-Beatty Motor Company, and Division of State Compensation Insurance Fund v. Bobby Lee Billen, and Industrial Commission of Colorado No. 75-261Colorado Court of Appeals. Decided September 23, 1975. On basis that the state compensation insurance fund had expended its statutory limit in workmen’s compensation benefits, application was filed for payments under major […]

Alan Charnes, Executive Director, Department of Revenue, State of Colorado, Petitioner, v. Norwest Leasing, Inc., Respondent. No. 88SC524Supreme Court of Colorado. Decided February 12, 1990. Judgment Reversed and Case Remanded with Direction March 12, 1990. Certiorari to the Colorado Court of Appeals Duane Woodard, Attorney General, Charles B. Howe, Deputy Attorney General, Richard H. Forman, […]