Category: Colorado Court Opinions

The PEOPLE of the State of Colorado, Complainant v. Michael A. WALKER, Respondent. No. 05PDJ039.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. Colorado. December 27, 2005. Attorney Regulation. Following a sanctions hearing, a Hearing Board suspended Respondent Michael A. Walker (Attorney Registration No. 024830) from the practice of law for a […]

(533 P.2d 941) Terry J. Baird v. Power Rental Equipment, Inc., a Colorado corporation, and Jacmun, Inc., a Colorado corporation No. 73-321Colorado Court of Appeals. Decided February 11, 1975. Rehearing denied March 4, 1975. Certiorari granted April 21, 1975. Action to recover for personal injuries premised upon failure of owner and lessor of forklift truck […]

The People of the State of Colorado, Complainant, v. Arlan I. Preblud, Attorney-Respondent. No. 88SA137Supreme Court of Colorado. Decided November 28, 1988. Original Proceeding in Discipline Page 823 Linda S. Donelly, Disciplinary Prosecutor, for Complainant. Plaut/Lipstein/Cohen/PC, Frank Plaut, for Attorney-Respondent. EN BANC JUSTICE LOHR delivered the Opinion of the Court. [1] The Disciplinary Prosecutor filed […]

The People of the State of Colorado v. Lawrence C. Rotenberg No. 81SA412Supreme Court of Colorado. Decided October 19, 1981. Original Proceedings in Discipline Linda Donnelly, Disciplinary Prosecutor, for complainant. James J. Morrato, for attorney-respondent. En Banc. JUSTICE ERICKSON delivered the opinion of the Court. [1] The Grievance Committee concluded this disciplinary proceeding by presenting […]

The People of the State of Colorado, Complainant, v. Fred R. Lopez, Attorney-Respondent. No. 92SA427Supreme Court of Colorado. Decided February 8, 1993. Original Proceeding in Discipline Page 1154 Linda Donnelly, Disciplinary Counsel, James C. Coyle, Assistant Disciplinary Counsel, for Complainant. Fred R. Lopez, Pro Se. EN BANC PER CURIAM [1] The respondent in this attorney […]

Susan L. Day, Plaintiff-Appellant, v. Prowers County School District RE-1, Defendant-Appellee. No. 83CA1005Colorado Court of Appeals. Decided February 13, 1986. Rehearing Denied March 27, 1986. Certiorari Denied Prowers September 29, 1986 (86SC141). Appeal from the District Court of Prowers County Honorable John C. Statler, Judge Hobbs/Bethke Associates, Larry F. Hobbs, William P. Bethke, for Plaintiff-Appellant. […]

In re the Marriage of Barbara E. Fisher, Appellee, and Charles S. Fisher, Appellant. No. 96CA0211Colorado Court of Appeals. December 12, 1996 Appeal from the District Court of Boulder County Honorable Joseph J. Bellipanni, Judge, No. 95DR362. JUDGMENT REVERSED AND CAUSE REMANDED WITH DIRECTIONS Balis Barrett, P.C., John H. Barrett, Boulder, Colorado, for Appellee. Howard […]

Larry Williams, Plaintiff-Appellant, v. Guaranty National Insurance Company, Defendant-Appellee. No. 95CA1361Colorado Court of Appeals. March 5, 1998 Rehearing Denied April 2, 1998 Certiorari Granted November 16, 1998 Appeal from the District Court of Arapahoe County, Honorable Thomas C. Levi, Judge, No. 93CV739 JUDGMENT REVERSED AND CAUSE REMANDED WITH DIRECTIONS Page 187 Van Horne, Noall Hodges, […]

The PEOPLE of the State of Colorado, Complainant v. Anna M. SCHOFIELD, Respondent. No. 05PDJ004.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. Colorado. July 25, 2005. Page 1104 Attorney Regulation. Upon conclusion of a sanctions hearing, the Presiding Disciplinary Judge disbarred Respondent Anna M. Schofield (Attorney Registration No. 27480) from the […]

(363 P.2d 658) JAMES A. DAVIS, ET AL. v. CARL DILLEY, ET AL. No. 19,453.Supreme Court of Colorado. Decided August 7, 1961. Action to establish disputed boundary. Judgment for defendant. Affirmed. 1. BOUNDARIES — Evidence — Conflict — Findings. Where evidence offered by defendant to establish disputed boundary was sufficient to justify finding that well […]

(215 P.2d 336) KELLY v. THE PEOPLE. No. 16,227.Supreme Court of Colorado. Decided February 6, 1950. Plaintiff in error was convicted of obtaining money by means of the confidence game. Affirmed. 1. MISTRIAL — Motions — Court Discretion — Appeal and Error. “A motion for a mistrial should not be granted except in extraordinary circumstances […]

(501 P.2d 118) The People of the State of Colorado v. Theodore Tafoya No. 24875Supreme Court of Colorado. Decided September 25, 1972. Defendant was convicted of assault with deadly weapon with intent to commit bodily injury and appealed. Affirmed 1. ASSAULT AND BATTERY — Deadly Weapon — Evidence — Lack of Internal Contradiction — Possession […]

The People of the State of Colorado, Plaintiff-Appellant, v. Jane Ellen Byrne, Defendant-Appellee. No. 87SA92Supreme Court of Colorado. Decided October 11, 1988. Appeal from District Court, Jefferson County Honorable Michael C. Villano, Judge Page 675 Donald E. Mielke, District Attorney, John T. Scherling, Deputy District Attorney, for Plaintiff-Appellant. David F. Vela, Colorado State Public Defender, […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Dennis BARNUM, Defendant-Appellant. No. 02CA1454.Colorado Court of Appeals. February 19, 2009. Appeal from the District Court, Arapahoe County, James F. Macrum, Jr., J. Page 909 John W. Suthers, Attorney General, John J. Fuerst, III, Senior Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee. The Joffe Law Firm, […]

(557 P.2d 1169) In the Matter of the Application for Water Rights of the City of Grand Junction, Colorado, a municipal corporation, in the Gunnison River or its Tributaries: Tributary Involved: Kannah Creek, in Mesa County. City of Grand Junction, Colorado, a municipal corporation v. Kannah Creek Water Users Association; Lloyd V. Wright; Jenny M. […]

The People of the State of Colorado, Plaintiff-Appellant, v. Richard Hearty, Defendant-Appellee. The People of the State of Colorado, Plaintiff-Appellant, v. Antonio Amezquita, Defendant-Appellee. The People of the State of Colorado, Plaintiff-Appellant, v. David Iden, Defendant-Appellee. (Two cases). Nos. 81SA539-81SA542.Supreme Court of Colorado. Decided April 19, 1982. Interlocutory Appeals from the District Court of the […]

(526 P.2d 1315) The People of the State of Colorado v. Cornelius J. Cruz No. 26524Supreme Court of Colorado. Decided October 7, 1974. Interlocutory appeal from a ruling which granted defendant’s motion to suppress from evidence a Sears, Roebuck credit card in a prosecution for second-degree forgery and criminal attempt. Ruling Reversed 1. ARREST — […]

John R. Barnes, Petitioner, v. The People of the State of Colorado, Respondent. No. 84SC424Supreme Court of Colorado. Decided April 13, 1987. Rehearing Denied May 11, 1987. Certiorari to the Superior Court, City and County of Denver Honorable Charles E. Bennett, Judge Page 870 Michael L. Bieda, for Petitioner. Norman S. Early, Jr., District Attorney, […]

84 P.2d 836 CLINE v. ESTATE OF HERON ET AL. No. 14, 413.Supreme Court of Colorado. Decided November 7, 1938. Proceeding involving appointment of a receiver. Receiver appointed, but the order of appointment was subsequently suspended. Writ of Error Dismissed. 1. APPEAL AND ERROR — Moot Questions. Cases presenting only questions which are moot will […]

81 P.2d 752 BEDFORD, STATE TREASURER v. COLORADO FUEL AND IRON CORPORATION. No. 14,246.Supreme Court of Colorado. Decided July 11, 1938. Action to secure a declaratory judgment determining the tax liability of a corporation under the state sales and use tax acts. The trial court declared some of the questioned items taxable, and others exempt. […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Joshua MARQUEZ, Defendant-Appellant. No. 02CA0204.Colorado Court of Appeals. Division IV. July 1, 2004. As Modified on Denial of Rehearing July 29, 2004. Certiorari Denied February 14, 2005. Appeal from the District Court, Adams County, No. 00CR228, Thomas R. Ensor, J. Page 994 [EDITORS’ NOTE: THIS PAGE […]

The People of the State of Colorado v. Timothy Gene Evans No. 79CA0455Colorado Court of Appeals. Decided March 12, 1981. Rehearing denied April 9, 1981. Certiorari denied June 15, 1981. Appeal from the District Court of Mesa County, Honorable William M. Ela, Judge. Page 95 J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy Attorney […]

In re the Marriage of Jane R. Folwell, Appellee, and Nathan T. Folwell, IV, Appellant. No. 94CA1786Colorado Court of Appeals. Decided December 7, 1995 Page 92 Appeal from the District Court of Arapahoe County Honorable Michael J. Watanabe, Judge No. 87DR321 ORDER AFFIRMED IN PART, REVERSED IN PART, AND CAUSE REMANDED WITH DIRECTIONS Jon Slaughter […]

163 P.2d 201 MOFFAT COAL COMPANY ET AL. v. MUNCY ET AL. No. 15,653Supreme Court of Colorado. Decided October 29, 1945. A proceeding under the Workmen’s Compensation Act. Judgment for claimant. Reversed. 1. WORKMEN’S COMPENSATION — Percentage of Disability — Evidence. In a workmen’s compensation case, until there is evidence to show what percentage of […]

(362 P.2d 1065) RUDY JACHETTA, ETC. v. LEONARD MILANO. No. 19,346.Supreme Court of Colorado. Decided June 26, 1961. Action for money loaned. Judgment for plaintiff. Affirmed. 1. MONEY LOANED — Evidence — Weight. In an action to recover money allegedly loaned where only witnesses were plaintiff and defendant, neither of whom was impeached, it was […]

John Phillip Christie, Petitioner and Cross-Respondent, v. The People of the City of Aurora, by and on behalf of the State of Colorado, Respondent and Cross-Petitioner. No. 91SC184Supreme Court of Colorado. Decided September 21, 1992. Certiorari to the District Court, Arapahoe County Page 1238 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

The People of the State of Colorado, Plaintiff-Appellee, v. Joseph L. Perez Defendant-Appellant. No. 82CA1160Colorado Court of Appeals. Decided January 3, 1985. Rehearing Denied January 24, 1985. Certiorari Granted May 6, 1985 (85SC68). Certiorari granted on following issues: Whether the prosecution violated the defendant’s constitutional right to effective assistance of counsel by calling as a […]

Bradford C. McKinney, Petitioner-Appellee, v. W.L. Kautzky, Executive Director Colorado Department of Corrections, and Wallis Gunnels, Superintendent Rifle Correctional Center, Rifle, Colorado, Respondents-Appellants. No. 89SA434Supreme Court of Colorado. Decided October 22, 1990. Appeal from the District Court Garfield County Honorable Thomas W. Ossola, Judge Petitioner-Appellee not appearing. Duane Woodard, Attorney General, Charles B. Howe, Chief […]

Elaine B. VISSER, by and through her court-appointed conservator, Janice EDER, Plaintiff-Appellee, v. Bryan MAHAN, D.O., and James D. Albert, M.D., Defendants-Appellants. No. 04CA1361.Colorado Court of Appeals. March 24, 2005. Appeal from the District Court, El Paso County, Thomas K. Kane, J. Page 576 Peter A. Goldstein, P.C., Peter A. Goldstein, Leventhal Brown and Puga, […]

(503 P.2d 619) The People of the State of Colorado v. Brian Sanchez No. 24849Supreme Court of Colorado. Decided November 13, 1972. Rehearing denied December 18, 1972. Defendant was convicted of causing death while driving under the influence of intoxicating liquor and appealed. Affirmed 1. CRIMINAL LAW — Error — Considered — Supreme Court — […]

Platte Valley Savings, a federal savings and loan association by its Conservator, The Resolution Trust Corporation, Plaintiff-Appellant and Cross-Appellee, v. James L. Crall and Christine S. Crall, Defendants-Appellees and Cross-Appellants. No. 90CA1422Colorado Court of Appeals. Decided October 24, 1991. Page 306 Appeal from the District Court of Boulder County Honorable Joseph Bellipanni, Judge. Gorsuch, Kirgis, […]

136 P.2d 668 EMERICK v. THE PEOPLE. No. 15,272Supreme Court of Colorado. Decided April 5, 1943. Plaintiff in error was found guilty of obtaining property by false pretenses and use of a confidence game. Reversed. On Application for Supersedeas. 1. CRIMINAL LAW — Instructions — Burden of Proof. In a criminal prosecution for obtaining property […]

(540 P.2d 1081) Richard S. Johnston v. City Council of the City of Greenwood Village, the individual members thereof, John Obourn, Rosemarie Perry, Raymond J. Connell, Robert W. Gibson, Frederick M. Hayes, and Max E. Brown, City of Greenwood Village, and the Honorable Harold W. Patton, Jr., Mayor of the City of Greenwood Village No. […]

Roger Lockhart, Petitioner, v. The Board of Education of Arapahoe County School District No. 6, Respondent. No. 85CA0041Colorado Court of Appeals. Decided December 18, 1986. Rehearing Denied January 15, 1987. Certiorari Denied Board April 6, 1987 (87SC57). Review of Order from the Board of Education of Arapahoe County School District No. 6 Page 914 Hobbs/Bethke […]

Kimberly GRABLER, Plaintiff-Appellee, v. Lisa ALLEN and Board of Governors of the Colorado State University System, acting by and through Colorado State University, Defendants-Appellants. No. 03CA1246.Colorado Court of Appeals. Division II. February 10, 2005. Appeal from the District Court, Arapahoe County, J. Mark Hannen, J. Page 1048 Lambdin Chaney, L. Kathleen Chaney, Denver, Colorado, for […]

(366 P.2d 369) LEE CORDER v. WILLIAM C. LAWS, ET AL. No. 19,543.Supreme Court of Colorado. Decided November 6, 1961. Rehearing denied December 4, 1961. Action by purchasers against seller for damages for fraud in the sale of real property. Judgment for plaintiffs. Affirmed. 1. VENDOR AND PURCHASER — Evidence — Fraud — Liability — […]

Michael W. Parrish, Plaintiff-Appellant, v. Rocky Mountain Hospital Medical Services Company, d/b/a Blue Cross and Blue Shield of Colorado, and the Colorado State Employees’ and Officials’ Group Insurance Board of Administration, Defendants-Appellees. No. 85CA1081 No. 86CA1242Colorado Court of Appeals. Decided March 17, 1988. Appeal from the District Court of the City and County of Denver […]

Paula Rederscheid, Plaintiff-Appellant, v. Comprecare, Inc., a Colorado corporation, Defendant-Appellee. No. 81CA0667Colorado Court of Appeals. Decided May 12, 1983. Appeal from the District Court of the City and County of Denver Honorable Susan G. Barnes, Judge Richard M. Borchers, P.C., Richard M. Borchers, for plaintiff-appellant. Hall Evans, Thomas R. Bromberg, Arthur R. Karstaedt, for defendant-appellee. […]

In re the Marriage of: Robert H. Hall, Appellant, and Wanda Louise Hall, Appellee. No. 83CA0297Colorado Court of Appeals. Decided April 12, 1984. Appeal from the District Court of Morgan County Honorable James K. Leh, Judge Page 544 McMichael, Wallace Benedict, Mitchell Benedict III, for appellant. Shade, Doyle, Klein, Otis, Shaha Frey, Robert A. Klein, […]

192 P.2d 426 KETCHAM v. INTERNATIONAL TRUST COMPANY. No. 15,905.Supreme Court of Colorado. Decided March 15, 1948. A proceeding involving the construction of the will of a deceased person. Request of a beneficiary that he be paid a certain sum of money directly, instead of having it invested in an annuity policy for his benefit […]

In re the Marriage of John Lees Armit, Jr., Appellee, and Ann Emerson Armit, Appellant. No. 93CA1421Colorado Court of Appeals. Decided June 2, 1994 Appeal from the District Court of El Paso County Honorable Michael J. Heydt, Judge No. 86DR1804 JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CAUSE REMANDED WITH DIRECTIONS Page 102 John […]

(383 P.2d 473) THOMAS H. SKIDMORE v. DONALD O’ROURKE AS TREASURER OF SAN MIGUEL COUNTY, COLORADO. No. 20,551.Supreme Court of Colorado. Decided June 17, 1963. Reversed. 1. TAXATION — Power to Tax — Exclusive Legislative Function. The taxing power of the state is exclusively a legislative function. 2. County Treasurer — Authority — Statutes. Enactments […]

(501 P.2d 117) The People of the State of Colorado v. Christopher Lee Woods No. 25495Supreme Court of Colorado. Decided September 25, 1972. Defendant was convicted of maliciously destroying property valued in excess of $500 and appealed. Reversed 1. MALICIOUS MISCHIEF — Instruction — Malice — Reversible Error. In prosecution for maliciously destroying property valued […]

SHELTER MUTUAL INSURANCE COMPANY, Plaintiff-Appellee, v. MID-CENTURY INSURANCE COMPANY; American Family Mutual Insurance Company; and Virginia Johnson, Defendants-Appellants. No. 07CA2063.Colorado Court of Appeals. December 11, 2008. Certiorari Granted August 31, 2009. Appeal from the District Court, Arapahoe County, Gerald J. Rafferty, J. Page 490 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

Floyd Peterson v. The State of Texas, Texas Youth Council, Ron Jackson, Jerry Day, Allen B. Spearman, Dennis McIntire, Billy Rodriguez and Mark Hester No. 80CA1128Colorado Court of Appeals. Decided September 10, 1981. Appeal from the District Court of Ouray County, Honorable Jerry D. Lincoln, Judge. Page 242 Law Office of Richard P. Tisdel, James […]

(423 P.2d 328) Genevieve Josephine Giambrocco v. Joseph Giambrocco. No. 21126.Supreme Court of Colorado. Decided February 6, 1967. Action in divorce. From a decree pertaining to the conveyance of certain real property in trust for the minor children of the parties and alimony, the wife brings error. Reversed. 1. DIVORCE — Property of Parties — […]

80 P.2d 1119 BLACKETT v. THE PEOPLE. No. 14,267.Supreme Court of Colorado. Decided May 23, 1938. Judgment affirmed en banc on application for supersedeas without written opinion. Mr. Justice Bouck not participating. Error to the District Court of the City and County of Denver, Hon. Henry S. Lindsley, Judge. Mr. HENLEY A. CALVERT, for plaintiff […]

83 P.2d 772 IN RE McCHESNEY. McCHESNEY v. McCHESNEY. No. 14,414.Supreme Court of Colorado. Decided October 3, 1935. Proceeding involving the status of a minor. The juvenile court found him to be a dependent child and awarded his custody to the mother with an order that the father pay twenty dollars a month for his […]

(617 P.2d 1178) The People of the State of Colorado v. Dewey Kenneth McKnight No. 79SA371Supreme Court of Colorado. Decided September 2, 1980. Rehearing denied November 3, 1980. Defendant-appellant was convicted in district court of Driving After Judgment Prohibited, section 42-2-206, C.R.S. 1973, and appealed, challenging the constitutionality of the statutes upon which his conviction […]

(340 P.2d 440) BURNESS R. HIX v. DISTRICT COURT OF ARAPAHOE COUNTY, ET AL. No. 18,993.Supreme Court of Colorado. Decided June 15, 1959. Rehearing denied July 6, 1959. Original proceeding in nature of prohibition. Rule to show cause issued. Rule Made Absolute. Original Proceeding. Messrs. GALLIGAN, FOLEY CARLIN, for petitioner. Mr. MARTIN P. MILLER, Mr. […]

Sidney D. Barber, Petitioner-Appellant, v. Thomas Cooper, Respondent-Appellee. No. 85SA211Supreme Court of Colorado. Decided June 16, 1986. Appeal from District Court, Fremont County Honorable Paul J. Keohane, Judge David F. Vela, Colorado State Public Defender, Thomas M. Van Cleave, III, Deputy State Public Defender, for Petitioner-Appellant. Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy […]

Edward Ballow; Foot Associates, P.C.; Mark P. Berland; Richard N. Bernhardt; Richard N. Bernhardt, M.D., P.C.; Leonard D. Bernstein, The OB/GYN Associates, P.C.; J. Tashof Bernton; J. Tashof Bernton, M.D., P.C.; Roland J. Brandt; High Country Orthopedic Associates of Colorado Springs, P.C.; Robert A. Brumfield; Rustic Hills Orthopaedic Association, P.C.; W.M. Campbell; Southern Colorado OB/GYN, […]

(568 P.2d 491) Hal Gordon Tamblyn and Katherine Tamblyn v. Mickey and Fox, Inc., Consultant Engineers; Chen Associates, Inc., and one or more John Does whose identities are presently not known to Plaintiffs-Appellants and Golden Key Homes Building Corp., a Colorado corporation No. 75-884 No. 76-304Colorado Court of Appeals. Decided May 19, 1977. Rehearing denied […]

37 P.2d 381 KLINE ET AL. v. SLATER ET AL. No. 13,075.Supreme Court of Colorado. Decided October 22, 1934. Adverse suit over mining claim. Judgment for defendants. Affirmed. 1. MINES AND MINING — Adverse Suit — Purpose. The purpose of an adverse suit is to determine which of the parties is entitled to be vested […]

(577 P.2d 311) In the Matter of the Estate of Mattie Ethel Scott, aka Ethel Scott, W. E. Scott and Bernice Scott v. Nelda Smith, Ruth E. Workman, Marilyn E. Workman, Helen L. Kelley, Raissa A. Todd, Richard B. Cornwell, Carol J. Fortune, and Charlotte Decker, the children of Wilma S. Cornwell No. 77-215Colorado Court […]

lona Joan KINDSFATER, formerly lona Joan Brockway, Plaintiff in Error, v. Elmer G. MECHALKE and Elsie R. Mechalke, Defendants in Error. No. 70-354.Colorado Court of Appeals. December 1, 1970. Rehearing Denied December 22, 1970, Certiorari Denied February 22, 1971. Not Selected for Official Publication. Supreme Court No. 23493. Action to quiet title. The District Court, […]

(283 P.2d 1078) C. A. GRAY v. JAMES BLAKE. No. 17,504.Supreme Court of Colorado. Decided May 23, 1955. Action by real-estate broker to recover commission. Judgment for defendant. Affirmed. 1. BROKERS — Commission — Joint Owners. In an action by a broker for a commission for the sale of real property, where the broker knew […]

(495 P.2d 1134) In the Matter of the Petition of CFI Steel Corporation to Change the Point of Diversion of Certain Water Rights in Water District No. 12 of the State of Colorado, CFI Steel Corporation v. William F. Rooks, S. Parker Woolmington, Joseph Cogan, Glen McMurray, Ralph L. Scanga, Malcom A. McDougall, John Tancik, […]

(573 P.2d 551) The People of the State of Colorado v. Ralph Harold Wright, Jr. No. C-1122Supreme Court of Colorado. Decided January 16, 1978. Defendant appealed from the refusal of the district court to permit him to withdraw his guilty plea after it determined that it would not follow the prosecutor’s sentence recommendation in accordance […]

(358 P.2d 1028) ROBERT ELMER GALLEGOS v. THE PEOPLE OF THE STATE OF COLORADO. No. 19,264.Supreme Court of Colorado. Decided December 19, 1960. Rehearing denied January 9, 1961. Defendant was convicted of murder and brings error. Affirmed. 1. CRIMINAL LAW — Evidence — Minor — Delinquency Proceedings — Subsequent Prosecution — Admissibility — Statute. The […]

In re: Barbara J. Morgan, Plaintiff v. The Genesee Company, LLC; Horseshoe Lake Investors, LLC; The Genesee Company/Horseshoe Lake Investors, LLC; Kathryn A. Fox; Dale Martin; and Gerald J. Forro, Defendants. No. 03SA276.Supreme Court of Colorado. March 15, 2004. Original Proceeding Pursuant to C.A.R. 21, District Court, Larimer County, Case No. 02CV906, Honorable Terrence A. […]

Adams County Department of Social Services ex rel. Patricia Ann Tyler, Plaintiff-Appellee, v. Almond Wesley Tyler, Defendant-Appellant. No. 83CA0030Colorado Court of Appeals. Decided January 9, 1986. Appeal from the District Court of Adams County Honorable Oyer Leary, Judge Ingrid H. Holmes, Assistant County Attorney, for Plaintiff-Appellee. Butler, Landrum, Pierce Turner, P.C., Donald L. Banghart, for […]

Gale NORTON and the State of Colorado; and Colorado Board of Social Services, n/k/a Colorado Board of Human Services, Petitioners, v. Jane C. GILMAN; Douglas Price, individually and in his official capacity as the Director of the Adams County Department of Social Services; Allen Murphy, individually and in his professional capacity; and Pauline Burton, individually […]

180 P.2d 1021 SHOTKIN ET AL. v. KAPLAN ET AL. No. 15,810.Supreme Court of Colorado. Decided May 5, 1947. 1. APPEAL AND ERROR — Abstracts of Record — Motions to Strike. Where an abstract of record filed in the Supreme Court is not prepared in accordance with any of the rules relating to such documents, […]

Donna C. Rae, Petitioner-Appellee, v. Stephen D. Rubin, Respondent-Appellant. No. 85CA0230Colorado Court of Appeals. Decided April 17, 1986. Page 744 Appeal from the District Court of the City and County of Denver Honorable Roger Cisneros, Judge The Law Firm of Jacqueline St. Joan, Jacqueline St. Joan, Rene Rosechild, for Petitioner-Appellee. Sherman Howard, William L. Hunnicutt, […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Andrew Gabriel FUENTES, Defendant-Appellant. No. 07CA1877.Colorado Court of Appeals. January 20, 2011. Appeal from the Pueblo County District Court, David W. Crockenberg, J. Page 321 John W. Suthers, Attorney General, Majid Yazdi, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee. Douglas K. Wilson, Colorado State Public Defender, […]

(221 P.2d 363) GETTMAN ET AL. v. BOARD OF COMMISSIONERS OF MORGAN COUNTY. No. 16,238.Supreme Court of Colorado. Decided July 17, 1950. An action involving the validity of a resolution of a board of county commissioners prohibiting the sale of alcoholic liquors between the hours of twelve o’clock midnight on Saturday and eight o’clock A.M. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Thomas J. Cera, Defendant-Appellant. No. 82CA0976Colorado Court of Appeals. Decided November 17, 1983. Appeal from the District Court of the City and County of Denver Honorable Warren O. Martin, Judge Duane Woodard, Attorney General, Charles B. Howe, Deputy Attorney General, Richard H. Forman, Special Assistant Attorney […]

MCI Constructors, Inc., Federal Insurance Company, and National Union Fire Insurance Company of Pittsburgh, Pennsylvania, Petitioners, v. The District Court of Pueblo County, Colorado, Division A, The Honorable Judge Richard D. Robb, and Judith Ward Mattox, Respondents. No. 90SA247Supreme Court of Colorado. Decided October 15, 1990. Original Proceeding. Page 41 McGloin, Davenport, Severson and Snow, […]

68 P.2d 564 LAS ANIMAS CONSOLIDATED CANAL COMPANY v. HINDERLIDER, STATE ENGINEER, ET AL. No. 14,067.Supreme Court of Colorado. Decided May 17, 1937. Action for declaratory judgment defining the rights of parties under a contract and water adjudication decrees. Demurrer, on the ground of want of facts, sustained. Affirmed. 1. CONTRACTS — Parol Evidence. The […]

(354 P.2d 500) ALBERT ELLIS RADINSKY v. KENNETH N. KRIPKE, ET AL. No. 19,378.Supreme Court of Colorado. Decided July 18, 1960. From a judgment of dismissal under rule for failure to prosecute, the plaintiff brings error. Reversed. 1. ACTION — Reference — Dismissal — Failure to Prosecute — Rule. Where plaintiff had done all that […]

Darkhanbayar TUMENTSEREG, Petitioner v. The PEOPLE of the State of Colorado, Respondent. No. 08SC667.Supreme Court of Colorado. February 14, 2011. Appeal from the District Court, Arapahoe County, Frederick B. Skillern, J. Page 1016 Douglas K. Wilson, Colorado State Public Defender, Joseph Paul Hough, Deputy Public Defender Denver, Colorado, Attorneys for Petitioner. John W. Suthers, Attorney […]

164 P.2d 730 DENVER-LOS ANGELES TRUCKING COMPANY v. WARD ET AL. No. 15,405.Supreme Court of Colorado. Decided December 17, 1945 An action for damages for personal injuries resulting from an automobile accident. Judgment for plaintiffs. Reversed. 1. AUTOMOBILES — Icy Highways — Negligence. The action of a driver in blocking a highway by “jackknifing” his […]

(225 P.2d 844) ZELINGER v. MELLWIN CONSTRUCTION COMPANY. No. 16,507.Supreme Court of Colorado. Decided December 18, 1950. An action for damages arising out of a written contract. Motion to dismiss writ of error. Motion Denied. 1. REFERENCES — Stipulations. Where parties make a voluntary stipulation that a special master appointed in a case should act […]

Galen Parrack and Joseph P. Jenkins v. Town of Estes Park, Colorado, a Municipal Corporation, and the Zoning Board of Adjustment of the Town of Estes Park, Colorado No. 80SA446Supreme Court of Colorado. Decided June 1, 1981. Appeal from the District Court of the County of Larimer, Honorable William F. Dressel, Judge. Page 1015 Joseph […]

(490 P.2d 948) Jeff Davis v. The People of the State of Colorado. No. 23678Supreme Court of Colorado. Decided November 22, 1971. Defendant was convicted of theft and conspiracy to commit theft and brought error. Affirmed. 1. CRIMINAL LAW — Jury — Conviction — Uncorroborated Testimony — Accomplice — Careful Examination — Necessary. Although a […]

The People of the State of Colorado, Plaintiff-Appellee, v. William Robinson, Defendant-Appellant. No. 83CA0997Colorado Court of Appeals. Decided September 12, 1985. Rehearing Denied October 3, 1985. Certiorari Denied Robinson February 24, 1986 (85SC434). Appeal from the District Court of El Paso County Honorable Richard V. Hall, Judge Page 1334 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

State Compensation Insurance Fund, and Gobbo Farms, Petitioners, v. The Industrial Commission of the State of Colorado, and E.B. Bradford, Respondents. No. 84CA1465Colorado Court of Appeals. Decided October 17, 1985. Review of Order from the Industrial Commission of the State of Colorado Paul Tochtrop, for Petitioners. Withers, Seidman Rice, P.C., Gudrun Rice, for Respondent E.B. […]

(335 P.2d 284) THEODORE S. BLEDSOE v. PEOPLE OF THE STATE OF COLORADO. No. 18,704.Supreme Court of Colorado. Decided February 9, 1959. Rehearing denied March 2, 1959. Defendant was convicted of confidence game and brings error. Affirmed. 1. CRIMINAL LAW — Confidence Game — Evidence — Sufficiency. Evidence that defendant obtained money by means of […]

(354 P.2d 163) MARJORIE WELLER NELSON, ET AL v. RALPH W. FARR, ET AL. No. 18,717.Supreme Court of Colorado. Decided July 11, 1960. Rehearing denied August 15, 1960. Action by property owners to enjoin use of adjacent land for business purposes and to enjoin operation of zoning ordinance. Judgment for plaintiffs. Reversed. 1. ZONING — […]

(236 P.2d 127) CHAMPION v. THE PEOPLE. No. 16,546.Supreme Court of Colorado. Decided September 17, 1951 Plaintiff in error was convicted of assault and battery, and his motion to “vacate judgment and conviction,” was denied by the trial court. Reversed. 1. CRIMINAL LAW — Court Jurisdiction. In a criminal case, it is held that the […]

(605 P.2d 54) Charles Hampton v. The District Court in and for the County of Jefferson, First Judicial District, and The Honorable Gaspar F. Perricone, one of the Judges Thereof No. 79SA293Supreme Court of Colorado. Decided January 21, 1980. Petitioner brought this original proceeding for relief in the nature of prohibition contending that his right […]

(610 P.2d 1069) The People of the State of Colorado ex rel. Martin D. Buckley, Special Prosecutor v. Charles A. Beck The People of the State of Colorado v. Charles A. Beck No. 79SA452, No. 79SA453Supreme Court of Colorado. Decided May 12, 1980. Rehearing denied June 2, 1980. Original proceedings in discipline. Respondent Disbarred 1. […]

(331 P.2d 514) W. T. CULLEY, ET AL. v. GRAND JUNCTION LEGION BUILDING CORPORATION. No. 18,307.Supreme Court of Colorado. Decided November 10, 1958. Action for damages arising out of sale of leased premises. Judgment for defendant. Affirmed. 1. ASSIGNMENTS — Lease and Option — Real Party in Interest — Summary Judgment. Where no independent cause […]

492 P.2d 76 Academy Boulevard Bank, a Colorado corporation; The Central Colorado Bank, a Colorado corporation; The East Colorado Springs National Bank, a national banking association, and The Western National Bank of Colorado Springs, a national banking association v. The Banking Board of the State of Colorado, Harry Bloom, State Bank Commissioner, and Their Respective […]

(511 P.2d 494) The People of the State of Colorado v. Robert Gilmer No. 25167Supreme Court of Colorado. Decided June 25, 1973. Defendant was convicted of felony theft of an automobile and appealed. Affirmed 1. JOYRIDING — Theft — Lesser Included Offense — Negative. The crime of joyriding is not a lesser included offense of […]

Eva Marie Springs, Plaintiff-Appellant, v. Ricki R. Perry, Defendant-Appellee. No. 98CA2599Colorado Court of Appeals. January 20, 2000 Appeal from the District Court of the City and County of Denver, Honorable Joseph E. Meyer, III, Judge, No. 96CV2998 JUDGMENT AFFIRMED Page 518 Kiel Trueax, P.C., Joseph Kiel, Englewood, Colorado, for Plaintiff-Appellant White and Steele, P.C., John […]

31 P.2d 918 ROBINSON v. BELMONT-BUCKINGHAM HOLDING COMPANY. No. 12,933.Supreme Court of Colorado. Decided March 26, 1934. Action for damages for personal injuries resulting from a fall on an icy sidewalk. Judgment of nonsuit. Reversed. 1. NONSUIT — Evidence. On a motion for nonsuit, the evidence must be construed in the light most favorable to […]

(497 P.2d 1258) John M. Hines v. The People of the State of Colorado No. 24618Supreme Court of Colorado. Decided June 19, 1972. Defendant was convicted of burglary and brought error. Reversed 1. CRIMINAL LAW — Prosecuting Attorney — Reference — Fifth Amendment — Counsel — Contemporaneous Objection — Failure — Alleged Error — Supreme […]

(543 P.2d 725) Joseph M. Pillitteri v. Industrial Commission of the State of Colorado (Ex-officio Unemployment Compensation Commission of Colorado), Rani Corporation, and A-Gerund Industries, Inc. No. 75-340Colorado Court of Appeals. Decided November 28, 1975. Industrial Commission disqualified unemployment compensation claimant from receiving benefits for two 13 week periods and reduced his maximum benefits payable. […]

(315 P.2d 183) MABEL E. NOAKES v. ETHEL M. GAISER AND PALMER LEE GAISER. No. 18,019.Supreme Court of Colorado. Decided August 19, 1957. Action by guest against owner and operator of automobile for damages for personal injuries resulting from collision. Judgment of dismissal. Affirmed by Operation of Law. Error to the District Court of the […]

City and County of Denver, a municipal corporation of the State of Colorado, Plaintiff-Appellant, Colorado Association of Commerce and Industry, Plaintiff in Intervention Appellant, and Chemical Waste Management, Inc., a Delaware corporation; Colorado Disposal, Inc., a Colorado corporation; Waste Management, Inc., a Delaware corporation, Defendants-Appellants, v. Thomas Eggert, Charles Pitts, and John Nicholl, in their […]

Ben Zavorka, Plaintiff-Appellant, v. Union Pacific Railroad Company, a Corporation, Defendant-Appellee. No. 82CA1505Colorado Court of Appeals. Decided July 26, 1984. Rehearing Denied August 30, 1984. Certiorari Denied November 5, 1984. Appeal from the District Court of the City and County of Denver Honorable Roger Cisneros, Judge Page 1286 Morrisard Rossi, P.C., John H. Inderwish for […]

35 P.2d 1014 ROSS v. SHERMAN ET AL. No. 13,119.Supreme Court of Colorado. Decided September 10, 1934. Action for damages for personal injuries resulting from an automobile accident. Judgment of dismissal. Reversed. 1. AUTOMOBILES — Accident — Negligence — Jury Question. In an action growing out of an automobile accident, whether the defendant exercised due […]

The People of the State of Colorado, Plaintiff-Appellant, v. Alwyn Lee Lewis, Defendant-Appellee. No. 88CA1380Colorado Court of Appeals. Decided October 12, 1989. Rehearing Denied November 9, 1989. Certiorari Denied April 9, 1990 (89SC662). Appeal from the District Court of Adams County Honorable Harlan Bockman, Judge Page 1153 James F. Smith, District Attorney, Michael J. Milne, […]