Category: Colorado Court Opinions

The People Of The State Of Colorado, Plaintiff-Appellee, v. Douglas Gene Oliver, Defendant-Appellant, No. 81CA1015Colorado Court of Appeals. Decided March 3, 1983. Rehearing Denied March 24, 1983. Certiorari Denied June 6, 1983. Appeal from the District Court of Mesa County Honorable Charles Buss, Judge J.D. MacFarlane, Attorney General, Charles B. Howe, Deputy Attorney General, Joel […]

212 P.2d 105 PIERRE v. PIERRE. No. 16,153.Supreme Court of Colorado. Decided November 14, 1949. An action for divorce involving a property settlement. A property settlement decree was entered, and a divorce granted plaintiff husband. Page 543 Affirmed. 1. DIVORCE AND ALIMONY — Issues — Court Powers. In an action for divorce in which each […]

Thomas E. McFarlan, Petitioner, v. The District Court in and for the Fourth Judicial District, and The Honorable Matt M. Railey, one of the Judges thereof, Respondents. No. 85SA304Supreme Court of Colorado. Decided May 5, 1986. Original Proceeding Page 248 Larry Pozner Associates, P.C., Shelley Gilman, for Petitioner. Clifford R. Cronk, III, Special Deputy District […]

(577 P.2d 761) John Alphonso Dulac, Jr., v. Arnold Miller, Sheriff of Arapahoe County No. 27768Supreme Court of Colorado. Decided April 24, 1978. Petition for writ of habeas corpus challenging the sufficiency of extradition documents submitted by the State of Oregon to the Governor of the State of Colorado pursuant to statute. Trial court discharged […]

81 P.2d 383 HARRIS v. PEOPLE EX REL. GONZALES. No. 14,369.Supreme Court of Colorado. Decided June 20, 1938. Action in quo warranto involving the office of a school director. Judgment for plaintiff. Affirmed. On Application for Supersedeas. 1. SCHOOLS — Directors — Residence. A school director of a third class district must be a resident […]

39 P.2d 788 HUFFMAN v. THE PEOPLE. No. 13,607.Supreme Court of Colorado. Decided December 17, 1934. Plaintiff in error was convicted of murder in the first degree. Reversed. On Application for Supersedeas. 1. CRIMINAL LAW — Testimony of Defense — Instructions. However improbable or unreasonable the testimony of the accused in a criminal case may […]

(604 P.2d 27) Edward Joseph Kreiser v. The People of the State of Colorado No. C-1715Supreme Court of Colorado. Decided December 17, 1979. Defendant was convicted of second-degree assault and appealed. The court of appeals affirmed. Certiorari was then granted to review the decision of the court of appeals in People v. Kreiser, 41 Colo. […]

(511 P.2d 902) Elaine M. Morgan v. Farmers Insurance Exchange, an inter-insurance exchange No. C-342Supreme Court of Colorado. Decided July 9, 1973. Certiorari to review Colorado Court of Appeals decision, 31 Colo. App. 531, 506 P.2d 375, which held that insolvency of a tort-feasor’s insurance carrier, occurring subsequent to the automobile accident, does not create […]

(519 P.2d 332) Oney Vigil v. Motor Vehicle Division of the Department of Revenue of the State of Colorado No. 26121Supreme Court of Colorado. Decided February 11, 1974. Motorist’s driver’s license was revoked as a result of driving while under the influence of alcohol and refusing to submit to a chemical test to determine the […]

Michael S. Duran and Daniel G. Trujillo v. Richard D. Lamm, Governor of the State of Colorado, Allen L. Ault, Executive Director of the Department of Corrections of the State of Colorado, and William Wilson, Superintendent of the Maximum Security Unit of the Colorado State Prison No. 81CA0215Colorado Court of Appeals. Decided December 3, 1981. […]

Pauline REYHER and Dr. Wallace Brucker, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Illinois corporation, and Sloans Lake Management Corporation, d/b/a Sloans Lake Managed Care, a Colorado corporation, Defendants-Appellees. No. 06CA0239.Colorado Court of Appeals. September 20, 2007. Appeal from the District Court, Otero County, […]

In the Matter of the Estate of Claude Eugene Van Winkle, Deceased. Tilda Van Winkle, Appellee, v. Irene Givens, Appellant. No. 85CA0216Colorado Court of Appeals. Decided June 9, 1988. Appeal from the District Court of Adams County Honorable Phillip F. Roan, Judge Gunther Westlund, Terry Ehrlich, for Appellee. Gaunt, Dirrim, Coover Phelps, Bradley J. Coover, […]

The People of the State of Colorado, Plaintiff-Appellee, v. Anthony Cunningham, Defendant-Appellant. No. 82CA1157Colorado Court of Appeals. Decided November 10, 1983. Rehearing Denied December 8, 1983. Certiorari Denied March 26, 1984. Appeal from the District Court of the City and County of Denver Honorable Paul J. Markson, Jr., Judge Duane Woodard, Attorney General, Norman S. […]

134 P.2d 205 AGE PUBLISHING COMPANY ET AL. v. BECKER. No. 14,940.Supreme Court of Colorado. Decided February 1, 1943. Action in mandamus to compel the transfer of corporate stock. Alternative writ made peremptory. Affirmed. 1. CORPORATIONS — Stock Transfers — Ownership Restrictions. In an action by a purchaser of stock to compel the corporation to […]

Wenner Petroleum Corporation, a Michigan Corporation authorized to do business in the State of Colorado, Plaintiff-Appellant, v. Mitsui Co. (U.S.A.), Inc., a New York Corporation authorized to do business in the State of Colorado, Defendant-Appellee. No. 85CA1790Colorado Court of Appeals. Decided November 12, 1987. Appeal from the District Court of the City and County of […]

(591 P.2d 80) Hugh H. C. Weed, Executive Director of Revenue, State of Colorado v. City of Pueblo, Colorado No. C-1321Supreme Court of Colorado. Decided January 29, 1979. Rehearing denied March 19, 1979. City brought action against Director of Revenue to obtain a refund of $85,025 in state sales and use taxes. The Executive Director […]

142 P.2d 381 LAVERTY v. THE PEOPLE. No. 15,305.Supreme Court of Colorado. Decided October 18, 1943. Plaintiff in error was convicted of receiving stolen property. Affirmed. 1. CRIMINAL LAW — Larceny — Information. Where the employee of a company used its bank check to purchase for it United States postage stamps which he converted to […]

Larry Ray Lucero, Plaintiff-Appellant, v. The Honorable Kim Goldberger, County Court Judge, First Judicial District, State of Colorado, Respondent-Appellee. No. 89CA0861Colorado Court of Appeals. Decided June 14, 1990. Rehearing Denied July 26, 1990. Certiorari Denied January 28, 1991 (90SC520). Appeal from the District Court of Jefferson County Honorable Gaspar F. Perricone, Judge Page 207 [EDITORS’ […]

(463 P.2d 313) Lloyd J. Harty, Jr. v. Fred Hoerner. No. 22475.Supreme Court of Colorado. Decided December 29, 1969. Action by payee to recover on promissory note signed by defendant. From judgment dismissing complaint plaintiff brought error. Affirmed. 1. BILLS AND NOTES — Note — Subordination Agreement — Admissible — One — Corporate Liability — […]

Sheila R. Karr, Plaintiff-Appellant, v. The City and County of Denver, a municipal corporation, Defendant-Appellee. No. 82CA0425Colorado Court of Appeals. Decided February 9, 1984. Appeal from the District Court of the City and County of Denver Honorable Gilbert A. Alexander, Judge Page 1385 Michael F. Morrissey, for plaintiff-appellant. Max P. Zall, Denver City Attorney, Carl […]

137 P.2d 680 CLINE v. KNIGHT ET AL., MEMBERS OF THE BOARD OF DIRECTORS OF SCHOOL DISTRICT NUMBER ONE OF THE CITY AND COUNTY OF DENVER ET AL. No. 15,035.Supreme Court of Colorado. Decided February 23, 1943. Rehearing denied April 26, 1943. A suit to enjoin the board of directors of a school district from […]

Dr. Dalrie Berg, Plaintiff-Appellant, v. Colorado State Department of Social Services, and David A. Sorenson, Hearing Officer, Defendants-Appellees. No. 84CA0034Colorado Court of Appeals. Decided December 13, 1984. Appeal from the District Court of the City and County of Denver Honorable Roger Cisneros, Judge Gunther Westlund, P.C., Roger W. Westlund, for Plaintiff-Appellant. Duane Woodard, Attorney General, […]

Jennifer SPAHMER, Petitioner, v. Todd GULLETTE, Respondent. No. 03SC751.Supreme Court of Colorado. En Banc. June 6, 2005. Page 159 Barry J. Seidenfeld, PC, Barry J. Seidenfeld, Denver, Anne Whalen Gill, PC, Anne Whalen Gill, Castle Rock, for the Petitioner. Todd W. Gullette, Pro Se, Boulder. Ronald D. Litvak, Litvak, Litvak, Mehrtens Epstein, PC, Denver, Amicus […]

32 P.2d 183 HOME INSURANCE COMPANY OF NEW YORK v. TAYLOR ET AL. No. 13,111.Supreme Court of Colorado. Decided February 5, 1934. Rehearing denied May 7, 1934. Action on fire insurance policy. Judgment for plaintiffs. Affirmed. 1. INSURANCE — Proof of Loss — Waiver. Where a fire insurance company defends against a claim for loss […]

PUBLIC SERVICE COMPANY OF COLORADO, d/b/a Xcel Energy, Applicant/Appellant/Cross-Appellee, v. MEADOW ISLAND DITCH COMPANY NO. 2; Magness Land Holdings, LLC; Magness Platteville, LLC; Kplatteville, LLC; and Dearal Beddo, Opposers/Appellees/Cross-Appellants, and James HALL, Division Engineer for Water Division No. 1, Appellee. No. 05SA52.Supreme Court of Colorado. April 3, 2006. Appeal from the District Court, Water Division […]

In the Matter of the Estate of Anthony Lembach, a/k/a Anthony J. Lembach, a/k/a A. J. Lembach, Deceased. Michael Lembach and Medelon Marie Lembach v. Cecily Ann Lembach No. 80CA0359Colorado Court of Appeals. Decided December 31, 1980. Appeal from the District Court of Weld County, Honorable Robert Behrman, Judge. Leland S. Huttner, Michael D. Brown, […]

(435 P.2d 893) Eddie S. Maes v. The People of the State of Colorado. No. 22721.Supreme Court of Colorado. Decided January 15, 1968. Rehearing denied January 29, 1968. From denial of his petition for post conviction relief with reference to setting aside plea of guilty and allowing him to enter a not guilty plea and […]

210 P.2d 995 HEMBERGER v. HAGEMANN. No. 16,167.Supreme Court of Colorado. Decided September 13, 1949. Rehearing denied October 31, 1949. An action in unlawful detainer. Judgment for defendant. Affirmed in Part. Reversed in Part. 1. LANDLORD AND TENANT — Lease — Term. Where, after the termination of a yearly lease of land which expires on […]

The People of the State of Colorado, Petitioner, v. The District Court in and for the City and County of Denver, State of Colorado, and the Honorable Warren O. Martin, one of the Judges thereof, Respondents, and Calvin Preston, Intervenor. No. 88SA121Supreme Court of Colorado. Decided January 17, 1989. Original Proceeding Norman S. Early, Jr., […]

Michael C. Hill, Plaintiff-Appellant, v. Brett Hulet, and Pueblo Associates in Obstetrics and Gynecology, P.C., Defendants-Appellees. No. 92CA1189Colorado Court of Appeals. Decided August 11, 1994. Page 461 Appeal from the District Court of Pueblo County Honorable Eugene T. Halaas, Judge No. 92CV81 JUDGMENT AFFIRMED Michael C. Hill, Pro Se Gallo Godfrey, F. James Gallo, Jerome […]

(416 P.2d 362) Howard W. Hicks, Jr., Margaret A. Hicks, L. B. Agers, Carol J. Agers, Evelyn L. Tilly and James L. Tilly v. Alfred L. Capra, Manager of Safety and Excise, City and County of Denver, and State of Colorado, and Herman J. Winter (Intervenor). No. 22054.Supreme Court of Colorado. Decided July 18, 1966. […]

Petitioner: Robert M. FRIEDLAND, v. Respondent: The TRAVELERS INDEMNITY COMPANY, a Connecticut corporation. No. 03SC681.Supreme Court of Colorado. En Banc. January 31, 2005. Page 640 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 641 Fognani Guibord Homsy, LLP, John D. Fognani, R. […]

36 P.2d 161 CITY OF COLORADO SPRINGS ET AL. v. MILLER. No. 13,058.Supreme Court of Colorado. Decided September 10, 1934. Action in mandamus to compel the issuing of a building permit by a municipal corporation. Alternative writ made permanent. Reversed. 1. MUNICIPAL CORPORATIONS — Zoning Ordinances — Court Action. It is within the scope of […]

(505 P.2d 32) William L. Spickard, Lewis C. Boles, and John L. Pinder v. the Civil Service Commission of the City and County of Denver, consisting of Ted Bach, Arthur S. Bowman, and Lawrence Perry; The City and County of Denver, a municipal corporation; The Police Department of the City and County of Denver; and […]

(378 P.2d 638) CITY AND COUNTY OF DENVER, ET AL., v. ATHMAR PARK BUILDING CO. No. 20,165.Supreme Court of Colorado. Decided February 4, 1963. Action for refund of taxes paid under protest involving alleged over-valuation. Judgment for plaintiff. Reversed. 1. TAXATION — Over-valuation — Remedy — Statute. A taxpayer claiming refund of taxes, paid under […]

(501 P.2d 1344) Ernest P. Trujillo v. The Industrial Commission of the State of Colorado, (Ex-officio Unemployment Compensation Commission of Colorado) and The Denver Brick and Pipe Company No. 72-221Colorado Court of Appeals. Decided September 19, 1972. Seeking review of Industrial Commission order denying him unemployment compensation benefits, claimant filed notice of appeal on last […]

In re the MARRIAGE OF Rosanne R. JORGENSON, Appellee, and Randy W. Jorgenson, Appellant. No. 05CA0212.Colorado Court of Appeals. August 10, 2006. Appeal from the District Court, El Paso County, Theresa M. Cisneros, J. Page 1170 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

(222 P.2d 421) LADWIG v. LADWIG. No. 16,502.Supreme Court of Colorado. Decided September 11, 1950. A proceeding involving the custody of a minor child, the daughter of divorced parents. Divided custody was awarded by the trial court, and a petition of the father for exclusive custody, denied. Affirmed. 1. CHILDREN — Custody. In an action […]

(262 P.2d 926) INDUSTRIAL COMMISSION ET AL. v. PACIFIC EMPLOYERS INSURANCE COMPANY ET AL. No. 17,173.Supreme Court of Colorado. Decided November 2, 1953. A proceeding under the Workmen’s Compensation Act. The Judgment of the trial court was adverse to claimant. Reversed. 1. WORKMEN’S COMPENSATION — Claims — Evidence. In a workmen’s compensation case, it is […]

D.S.P., Plaintiff-Appellant, v. R.L.K. a/k/a R.L.W., Defendant-Appellee, and in the Interest of A.L.R.P. No. 83CA0224Colorado Court of Appeals. Decided December 8, 1983. Rehearing Denied January 5, 1984. Certiorari Denied April 2, 1984. Appeal from the District Court of Jefferson County Honorable Anthony F. Vollack, Judge James R. Collins; William H. Short, for plaintiff-appellant. Howard M. […]

Elizabeth DeHerrera, as mother and next friend of Lucas DeHerrera, a minor, Petitioner v. Respondent Sentry Insurance Company. No. 99SC379Supreme Court of Colorado. April 30, 2001 Certiorari to the Colorado Court of Appeals, Court of Appeals No. 97CA1369 No. 99SC379, DeHerrera v. Sentry Insurance Company: personal injuryprotection insurance — uninsured motorist insurance — car — […]

(558 P.2d 997) Anthony Hebron v. The District Court in and for the County of San Miguel and the Honorable Fred Calhoun, one of the judges thereof No. 27377Supreme Court of Colorado. Decided January 17, 1977. Original proceeding by petitioner seeking to compel respondent court to enter judgment in Latvale v. Hebron, Case No. C-2447. […]

Southeastern Colorado Water Conservancy District v. William N. Rich and Barbara S. Rich, in joint tenancy, and Robert W. Jesse, Division Engineer No. 79SA498Supreme Court of Colorado. Decided February 17, 1981. Rehearing denied April 6, 1981. Page 978 Appeal from the District Court for Water Division No. 2, Honorable John C. Statler, Judge. Fairfield and […]

(615 P.2d 657) Public Employees Retirement Association, Carl S. Wilkerson, as Chairman of the Public Employees Retirement Association, and Scott Nichols v. Charlotte Nichols No. 79SC154 79SC173Supreme Court of Colorado. Decided August 11, 1980. Plaintiff, as designated beneficiary, appealed from judgments entered by district court dismissing plaintiff’s complaint for review of Public Employees’ Retirement Association’s […]

Vicki Valdez, Plaintiff-Appellant, v. Avrim Cantor, D.O.P.C., Gary A. Tarshis, M.D.P.C., Mark W. Walton, D.O.P.C., Mark S. Fraley, D.O.P.C., and ExpressCare Plus, Defendants-Appellees. No. 98CA2386Colorado Court of Appeals. December 23, 1999 Appeal from the District Court of El Paso County, Honorable Steven T. Pelican, Judge, No. 98CV2536. JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND […]

Emily Lymburn, Petitioner, v. Symbios Logic; Insurance Company of the State of Pennsylvania; and the Industrial Claim Appeals Office of the State of Colorado, Respondents. No. 97CA0214Colorado Court of Appeals. September 18, 1997 Petition for Rehearing DENIED October 23, 1997 Petition for Writ of Certiorari DENIED February 23, 1998 Review of Order from the Industrial […]

(285 P.2d 599) ASSOCIATED MASTER BARBERS, LOCAL NO. 115, ET AL. v. JOURNEYMAN BARBERS, LOCAL NO. 205, ET AL. No. 17,500.Supreme Court of Colorado. Decided June 27, 1955. Suit for declaratory judgment involving union contract. Judgment for defendants. Affirmed. 1. ACTIONS — Declaratory Judgment — Parties. Under Rule 57 (b), Colo. R.C.P., one who is […]

In re the Marriage of Cecil B. MOREHOUSE, Jr., Appellant, and Alice B. Morehouse, Appellee. No. 03CA2525.Colorado Court of Appeals. February 24, 2005. Appeal from the District Court, Jefferson County, Stephen M. Munsinger, J. Page 265 Ronald A. White, Aurora, Colorado, for Appellant. Barbara Quade, P.C., Barbara Quade, Denver, Colorado, for Appellee. RUSSEL, J. Cecil […]

Gene Allen Blackwell, Petitioner-Appellant, v. Bert J. Johnson, Respondent-Appellee. No. 81SA106Supreme Court of Colorado. Decided June 28, 1982. Appeal from the District Court of Adams County, Honorable Abraham Bowling, Judge. Forrest W. Lewis, for petitioner-appellant. J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy Attorney General, Mary J. Mullarkey, Solicitor General, Clement P. Engle, Assistant […]

(308 P.2d 216) ROBERT F. HARRISON, ET AL. v. GEORGE G. EVERETT, ET AL. No. 17,884.Supreme Court of Colorado. Decided March 11, 1957. Rehearing denied April 1, 1957. Action to quiet title to land to a part of which certain defendant claimed title by adverse possession. From a judgment and decree sustaining title by adverse […]

64 P.2d 131 IN THE MATTER OF THE ADJUDICATION OF PRIORITIES OF WATER RIGHTS IN WATER DISTRICT NO. 1. KLUG v. IRELAND. No. 14,044.Supreme Court of Colorado. Decided December 31, 1936. Proceeding involving adjudication of water rights for irrigation and other beneficial uses. The trial court fixed a date of priority for claimant’s reservoir later […]

(537 P.2d 754) Sandra Short v. Linwood E. Downs No. 74-185Colorado Court of Appeals. Decided May 6, 1975. Opinion modified and as modified petition for rehearing denied June 3, 1975. Certiorari denied July 28, 1975. In malpractice action against osteopath who some years previously had given plaintiff a series of liquid silicone injections for breast […]

George W. Rowe, Petitioner, v. The People of the State of Colorado, Respondent. No. 92SC396Supreme Court of Colorado. Decided July 6, 1993. Certiorari to the Colorado Court of Appeals Page 487 Miller, Hale Harrison, Daniel C. Hale, for Petitioner. Gale A. Norton, Attorney General, Raymond T. Slaughter, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor […]

The People of the State of Colorado, Plaintiff-Appellee, v. Lonnell L. Evans, Defendant-Appellant. No. 92CA1373Colorado Court of Appeals. Decided May 19, 1994. Rehearing Denied June 23, 1994. Petition for Writ of Certiorari DENIED January 17, 1995. Appeal from the District Court of the City and County of Denver Honorable Federico C. Alvarez, Judge No. 91CR1867 […]

Bonnie Martinez, Appellant, v. Colorado State Personnel Board, Appellee. No. 01CA0248Colorado Court of Appeals. June 7, 2001 Colorado State Personnel Board, No. 2000G107. MOTION DENIED Bonnie Martinez, Pro Se Ken Salazar, Attorney General, Susan J. Trout, Assistant Attorney General, Denver, Colorado, for Appellee Division A Ney and Taubman, JJ., concur Opinion by JUDGE KAPELKE [1] […]

(552 P.2d 509) John Bush v. Benny S. Jackson No. C-748Supreme Court of Colorado. Decided July 12, 1976. Action by one partner against another seeking damages for injuries sustained from gunshot by other partner. The trial court entered judgment for plaintiff. The Court of Appeals, 36 Colo. App. 101, 539 P.2d 1290, reversed and certiorari […]

(440 P.2d 788) R. W. Mier Construction Co. v. Concrete Contractors, Inc. No. 23128Supreme Court of Colorado. Decided May 13, 1968. Action by subcontractor against general contractor to recover specific sum of money representing reasonable value of certain “changes” made in concrete work relating to construction of a new school building. Judgment for plaintiff. Affirmed […]

Fey Concert Company, a Colorado general partnership, Plaintiff-Appellant, v. City and County of Denver, a municipal corporation of the State of Colorado; City and County of Denver Department of Revenue, Sales, Use and Occupational Tax Section; Patricia Schwartzberg, in her capacity Page 973 as Manager of Revenue; the City Council of the City and County […]

126 P.2d 1030 CLINE v. WARRENBERG ET AL. No. 15,131.Supreme Court of Colorado. Decided June 8, 1942. A proceeding under the Workmen’s Compensation Act involving the allowance of attorney fees to counsel for claimant who asserted that the amount fixed was too small. His contention is upheld on review. Judgment Reversed. 1. WORKMEN’S COMPENSATION — […]

(367 P.2d 339) ROBERT LOUIS STEVENSON v. THE PEOPLE OF THE STATE OF COLORADO. No. 19,892.Supreme Court of Colorado. Decided December 11, 1961. Defendant was convicted of burglary and brings error. Reversed. 1. CRIMINAL LAW — Burglary — Evidence — Possession Stolen Property — Sufficiency. Evidence that stolen articles were recovered from one or the […]

(425 P.2d 268) Palmer Park Gardens, Inc. v. Elizabeth Potter. No. 21209.Supreme Court of Colorado. Decided March 20, 1967. Action to recover damages for personal injuries sustained as result of fall on snow and ice in parking area of apartment house complex. Judgment for plaintiff. Affirmed. 1. TRIAL — Motion for Directed Verdict — Duty […]

Leon Kuhn, Peter A. Morrell, and Richard Keven Wright v. Tribune-Republican Publishing Company, doing business as The Greeley Daily Tribune and The Greeley Republican; and John Seelmeyer No. 79SC160Supreme Court of Colorado. Decided October 26, 1981. Rehearing denied November 16, 1981. Certiorari to the Colorado Court of Appeals Page 316 Roath Brega, P.C., Charles F. […]

Larry Eugene Blehm, Petitioner, v. The People of the State of Colorado, Respondent. No. 90SC182Supreme Court of Colorado. Decided September 23, 1991. Rehearing Denied October 21, 1991. Certiorari to the Colorado Court of Appeals. David F. Vela, Colorado State Public Defender, Thomas R. Williamson, Deputy State Public Defender, for Petitioner. Gale A. Norton, Attorney General, […]

(530 P.2d 958) People ex rel. Alfred David Coca v. District Court of the Seventh Judicial District, and The Honorable Fred C. Calhoun No. 26606Supreme Court of Colorado. Decided January 13, 1975. Original proceeding in which defendant sought to obtain a writ of prohibition to compel trial judge to dismiss a theft charge on the […]

Rodger Lacy, individually, Plaintiff-Appellee, v. Rotating Productions Systems, Inc., a New Mexico corporation and John Larry Land, individually, Defendants-Appellants. No. 97CA0076Colorado Court of Appeals. June 25, 1998 Appeal from the District Court of Boulder County, Honorable Richard C. McLean, Judge, No. 94CV88 JUDGMENT AFFIRMED IN PART AND REVERSED IN PART Cooksey, Cooksey Hyland, P.C., John […]

(346 P.2d 293) DOLORES VASQUEZ v. FELIX ESQUIBEL. No. 18,563.Supreme Court of Colorado. Decided November 9, 1959. From dismissal of petition in paternity proceeding, the petitioner brings error. Reversed. 1. BASTARDS — Paternity Proceeding — Evidence — Coverture — Presumptions. In an action to establish paternity of a child, the presumption that a child born […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Steve MARTINEZ, Jr., Defendant-Appellant. No. 08CA1417.Colorado Court of Appeals. April 28, 2011. Appeal from the District Court, Adams County, Thomas R. Ensor, J. Page 1199 John W. Suthers, Attorney General, Susan E. Friedman, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee. Douglas K. Wilson, Colorado State Public […]

(541 P.2d 896) The People of the State of Colorado v. Thomas R. Wilkerson No. 26224Supreme Court of Colorado. Decided October 27, 1975. Defendant appeals from a district court order revoking his probation. Affirmed 1. PROBATION AND PAROLE — Revocation Hearing — Evidence — Illegal Search or Seizure — Admissible. Evidence which may be the […]

Cotter Corporation, Plaintiff-Appellant, v. American Empire Surplus Lines Insurance Company, Great American Insurance Company, American National Fire Insurance Company, American Employers’ Insurance Company, Lexington Insurance Company, Granite State Insurance Company, and First State Insurance Company, Defendants-Appellees. No. 01CA1791.Colorado Court of Appeals. Division II. August 29, 2002. Certiorari Granted March 3, 2003. City and County of […]

(352 P.2d 676) J.N. SARGENT v. A.E. CRANDALL. No. 18,749.Supreme Court of Colorado. Decided May 31, 1960. Action to recover cost of drilling irrigation wells. Judgment for plaintiff. Affirmed. 1. CONTRACTS — Meeting of Minds — Partial Performance. Where an instrument is prepared by one of the parties thereto and delivered to the other who […]

(239 P.2d 310) KOON v. STEFFES. No. 16,704.Supreme Court of Colorado. Decided December 3, 1951. Rehearing denied December 24, 1951. An action on an open book account. Judgment for plaintiff. Reversed. 1. JUDGMENTS — Summary — Burden of Proof. On a motion for summary judgment, “The burden was on the moving party to demonstrate clearly […]

(264 P.2d 511) YATES ET AL. v. INDUSTRIAL COMMISSION ET AL. No. 17,204.Supreme Court of Colorado. Decided November 30, 1953. An action in which plaintiff’s prayed that the court review an award of the Industrial Commission, reverse said award and enter findings and award in favor of plaintiffs. Judgment for defendants. PER CURIAM. Judgment affirmed […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Mark Gus CARLSON, Defendant-Appellant. No. 02CA1830.Colorado Court of Appeals. June 3, 2004. Rehearing Denied July 15, 2004. Certiorari Dismissed June 30, 2005. Appeal from the District Court, Jefferson County, No. 01CR3478, Christopher J. Munch, J. Page 492 Ken Salazar, Attorney General, Matthew S. Holman, Assistant Attorney […]

95 P.2d 5 UNION HIGH SCHOOL DISTRICT NO. 2, PROWERS COUNTY v. PAUL. No. 14,438.Supreme Court of Colorado. Decided September 25, 1939. Rehearing denied October 30, 1939. Action to recover damages for breach of teaching contract. Judgment for plaintiff. Reversed. 1. SCHOOLS — Teachers — License. A certificate from a proper licensing authority is a […]

148 P.2d 813 ZIMMERMAN v. HINDERLIDER, STATE ENGINEER ET AL. No. 15,115.Supreme Court of Colorado. Decided April 24, 1944. An action for damages for alleged conspiracy to destroy plaintiff’s decreed water storage rights in a reservoir. Judgment for defendants. Affirmed. 1. CONSPIRACY — Damages — Proof. Where a party brought suit against water officials for […]

People of the State of Colorado v. Julia M. Roye No. 02PDJ081.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. April 17, 2003. Page 1283 The Hearing Board suspended Julia M. Roye, attorney registration number 26240 from the practice of law for a period of one year and one day for misconduct […]

The People of the State of Colorado, Plaintiff-Appellee, v. Charles John Czemerynski, Defendant-Appellant. No. 88SA280Supreme Court of Colorado. Decided February 12, 1990. Petition for Rehearing Denied March 5, 1990. Page 1101 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 1102 [EDITORS’ NOTE: […]

487 P.2d 593 Robert E. CARNES, Individually and doing business under the firm name and style of The Clan and The Clan, Inc., Plaintiff in Error, v. ARAPAHOE VENDING, INC., a Colorado corporation, Defendant in Error. No. 71-159.Colorado Court of Appeals. Division I. July 7, 1971. Not Selected for Official Publication. 1. Contracts 322(3) Evidence, […]

The People of the State of Colorado v. Mark Allen Sobott No. 80SA118Supreme Court of Colorado. Decided July 13, 1981. Appeal from the District Court of the City and County of Denver, Honorable John Brooks, Jr., Judge. J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy, Mary J. Mullarkey, Solicitor General, Susan P. Mele-Sernovitz, Assistant […]

3 P.2d 416 INDUSTRIAL COMMISSION ET AL. v. LOCKARD. No. 12,891.Supreme Court of Colorado. Decided September 21, 1931. Proceeding under the Workmen’s Compensation Act. Judgment of the district court remanding the case to the commission for further action. Modified and Affirmed. 1. WORKMEN’S COMPENSATION — Medical Services — Limitation. The furnishing of medical services by […]

In the Matter of the Estate of Vilis Bergholds, Deceased, Milly Valks v. Rasma Krabacher, as personal representative of the Estate of Vilis Bergholds, Deceased No. 80CA0099Colorado Court of Appeals. Decided August 21, 1980. Certiorari denied November 10, 1980. Appeal from the Probate Court of the City and County of Denver, Honorable James R. Wade, […]

(295 P.2d 686) JOHN E. THOMASON v. LENA R. LAMBERT. No. 17,813.Supreme Court of Colorado. Decided April 2, 1956. Divorce action involving the custody of a minor child. Decree for plaintiff. Affirmed. Error to the County Court of Mesa County, Hon. Helen Croft, Judge. Messrs. MOYNIHAN, CREPEAU SHOOK, for plaintiff in error. Messrs. GROVES, DUFFORD […]

Charles M. Kohn, Plaintiff-Appellee, v. Burlington Northern and Santa Fe Railroad, Defendant-Appellant. No. 00CA2305Colorado Court of Appeals. March 27, 2003 Certiorari Denied October 14, 2003 City and County of Denver District Court No. 99CV7238; Honorable Morris B. Hoffman, Judge JUDGMENT AFFIRMED Division IV Rothenberg and Kapelke, JJ., concur Page 810 Haddon, Morgan, Mueller, Jordan, Mackey, […]

The People of the State of Colorado, Petitioner, v. Leonel Alcides Gerardo Chaves, Respondent. No. 93SA113Supreme Court of Colorado. Decided July 19, 1993. Interlocutory Appeal from the District Court, Eagle County Honorable Richard H. Hart, Judge Peter F. Michaelson, District Attorney, Fifth Judicial District, Timothy A. Meinert, Chief Deputy District Attorney, for Petitioner. Fahrenholtz Riva, […]

Brighton School District, Petitioner, v. William E. Lyons and The Industrial Claim Appeals Office of the State of Colorado, Respondents. No. 92CA2075Colorado Court of Appeals. Decided December 2, 1993. Rehearing Denied December 30, 1993. Certiorari Denied May 2, 1994. Review of Order from the Industrial Claim Appeals Office of the State of Colorado WC No. […]

FIRST CHRISTIAN ASSEMBLY OF GOD, MONTBELLO, a/k/a Kiddie C.A.T. Day Care Center, Plaintiff-Appellant, v. CITY AND COUNTY OF DENVER, a Colorado municipal corporation, Defendant-Appellee. No. 04CA1449.Colorado Court of Appeals. September 22, 2005. Appeal from the trial court, Denver County, Herbert L. Stern, J. Page 1090 Gersh Helfrich, LLP, Miles M. Gersh, James S. Helfrich, Denver, […]

The People of the State of Colorado v. Ross Henry No. 81SA160Supreme Court of Colorado. Decided August 4, 1981. Interlocutory Appeal from the District Court of the County of Montezuma, Honorable Willard W. Rusk, Jr., Judge. Page 1123 Warwick Downing, District Attorney, for plaintiff-appellant. J. Gregory Walta, State Public Defender, Deborah S. Waldbaum, Deputy, for […]

(430 P.2d 78) The Title Guaranty Company, a Colorado corporation, as trustee under Trust No. 166720, Himmel Engineering Co. and Eugene Gustafson v. Harold F. Harmer, Del L. Harmer, and Gertrude M. Harmer. No. 21744.Supreme Court of Colorado. Decided July 17, 1967. Rehearing denied August 21, 1967. Action seeking an injunction against defendants to prevent […]