Category: Colorado Court Opinions

(289 P.2d 160) GORDON KEITH ALLISON v. LAWRENCE G. HELLER. No. 17,565.Supreme Court of Colorado. Decided October 24, 1955. Action for damages arising out of automobile collision. Judgment for plaintiff. Affirmed. 1. APPEAL AND ERROR — Practice in Supreme Court — Rules. A summary of “argument” required under Rule III (f), R.C.P., that fails to […]

211 P.2d 830 COVER v. CITY AND COUNTY OF DENVER ET AL. No. 16,230.Supreme Court of Colorado. Decided September 19, 1949. Rehearing denied November 7, 1949. An action in the nature of mandamus to compel the city council of the City and County of Denver to issue a liquor license to plaintiff. Judgment of dismissal. […]

Ronald Passarelli, Plaintiff-Appellee, v. Gail Schoettler and State of Colorado, Defendants-Appellants. No. 85SA208Supreme Court of Colorado. Decided September 8, 1987. Opinion Modified and, As Modified, Rehearing Denied October 5, 1987. Page 868 Appeal from District Court, City and County of Denver Honorable Sandra I. Rothenberg, Judge Haddon, Morgan Foreman, P.C., Norman R. Mueller, Kenneth S. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Corleen Luna, Defendant-Appellant, and The People of the State of Colorado, Plaintiff-Appellee, v. Felix S. Herrera, Defendant-Appellant. No. 82CA1200 No. 82CA1206Colorado Court of Appeals. Decided April 5, 1984. Rehearing Denied May 3, 1984. Appeal from the District Court of La Plata County Honorable Al H. Haas, […]

The People of the State of Colorado, Petitioner v. Henry Michael Trujillo, Respondent. No. 02SC630.Supreme Court of Colorado. January 26, 2004. Certiorari to the Colorado Court of Appeals, Court of Appeals Case No. 01CA547. JUDGMENT REVERSED. No. 02SC630, People v. Trujillo — Due Process-Jury Instructions —Theory of Defense. The Colorado Court of Appeals ruled that […]

(280 P.2d 649) MATT L. WALKER AND TOWN OF SHERIDAN, A MUNICIPAL CORPORATION v. LEE TUCKER AND GLENN TUCKER. No. 17,439.Supreme Court of Colorado. Decided February 28, 1955. An action against a Municipal Corporation and Town Marshal for false imprisonment. Judgment for Plaintiffs. Reversed. 1. MUNICIPAL CORPORATIONS — Police Regulations — Town Board — Liability. […]

Chad CARTER, Plaintiff-Appellant, v. BRIGHTON FORD, INC., Defendant-Appellee. No. 09CA1966.Colorado Court of Appeals. September 30, 2010. Appeal from the District Court, Adams County, Katherine R. Delgado, J. Page 1180 Wynkoop Thomas, P.C., Richard B. Wynkoop, Susan G. Thomas, Denver, Colorado, for Plaintiff-Appellant. Wheeler Trigg O’Donnell, LLP, Christina J. Valerio, Denver, Colorado, for Defendant-Appellee. Opinion by […]

25 P.2d 719 GOTCH v. K. B. PACKING AND PROVISION COMPANY. No. 13,032.Supreme Court of Colorado. Decided September 18, 1933. Action by husband for the death of his wife. Judgment of dismissal. Affirmed. 1. NEGLIGENCE — Dangerous Premises — Trespassers and Licensees — Duty of Owner. Trespassers and licensees take the premises as they find […]

108 P.2d 243 MEDBERRY v. THE PEOPLE. No. 14,706.Supreme Court of Colorado. Decided December 2, 1940. Plaintiff in error was found guilty of murder of the first degree and sentenced to life imprisonment. Affirmed. 1. COUNTY ATTORNEY — Duties — Defending in Criminal Cases. Under the statutes of Colorado a county attorney is employed primarily […]

John F. DeKoevend, Petitioner, v. Board of Education of West End School District RE-2, Kay Crane, Bill Gabriel, Ben Kilgore, Sam Puderbaugh, and Lowell Watson, as members of the Board of Education of West End School District RE-2, Montrose County, State of Colorado, Respondents. No. 80CA0150Colorado Court of Appeals. Decided July 1, 1982. Rehearing denied […]

The People of the State of Colorado, Plaintiff-Appellee, v. Jacob Dean La Plant, Defendant-Appellant. No. 80CA1169Colorado Court of Appeals. Decided February 3, 1983. Rehearing Denied April 14, 1983. Certiorari Denied September 26, 1983. Appeal from the District Court of the County of Adams Honorable Oyer G. Leary, Judge. Page 803 J.D. MacFarlane, Attorney General, Richard […]

(263 P.2d 578) INDUSTRIAL COMMISSION v. BRADY. No. 17,199.Supreme Court of Colorado. Decided November 23, 1953. A proceeding involving unemployment compensation benefits. The district court reversed a finding and order of the Industrial Commission denying defendant in error unemployment compensation benefits under pertinent statutes. Affirmed. 1. UNEMPLOYMENT COMPENSATION — Industrial Commission Findings — Appeal and […]

The People of the State of Colorado, Plaintiff-Appellant, v. James Leroy Akin, Defendant-Appellee. No. 88SA265Supreme Court of Colorado. Decided November 13, 1989. Rehearing Denied December 18, 1989. Appeal from District Court, Adams County Honorable Thomas R. Ensor, Judge James F. Smith, District Attorney, Steven L. Bernard, Chief Trial Deputy, for Plaintiff-Appellant. David F. Vela, Colorado […]

(554 P.2d 691) Jeffrey Perlmutter v. State of Colorado, Department of Revenue, Motor Vehicle Division, Joseph Dolan, Executive Director No. 27103Supreme Court of Colorado. Decided September 13, 1976. Rehearing denied October 12, 1976. District court upheld a suspension by the Colorado Department of Revenue of appellant’s driver’s license for a period of twelve months and […]

Craig A. Sneath, Petitioner, v. Express Messenger, Colorado Compensation Insurance Authority, and The Industrial Claim Appeals Office of the State of Colorado, Respondents. No. 93CA1250Colorado Court of Appeals. Decided July 14, 1994. Opinion Modified, and as Modified, Petition for Rehearing DENIED August 18, 1994. Review of Order from the Industrial Claim Appeals Office of the […]

(336 P.2d 310) PARKVIEW BAPTIST CHURCH v. CITY OF PUEBLO No. 18,162.Supreme Court of Colorado. Decided March 9, 1959. Rehearing denied March 30, 1959. Action to enjoin city from requiring removal of an identifying sign erected by a church. Judgment for defendant. Reversed. 1. ZONING — Church — Identifying Sign — Right to Maintain. Where […]

The Colorado Real Estate Commission, Appellee, v. Lori P. Hanegan, Respondent-Appellant. No. 95CA1887Colorado Court of Appeals. Decided June 27, 1996 Petition for Rehearing DENIED August 8, 1996 Petition for Writ of Certiorari GRANTED March 10, 1997 Appeal from the Colorado Real Estate Commission, No. RC9503. ORDER AFFIRMED IN PART AND REVERSED IN PART Page 1171 […]

(529 P.2d 1333) The People of the State of Colorado v. Morris E. Stephenson No. 26024Supreme Court of Colorado. Decided December 2, 1974. Rehearing denied January 20, 1975. Defendant was convicted for possession of narcotic drugs and appealed. Affirmed 1. ARREST — Cigarette — Smell — Burning Marijuana — Probable Cause — Search — Incident […]

(593 P.2d 1384) Franklin Delano Baker v. State of Colorado Department of Revenue, Motor Vehicle Division No. 78-200Colorado Court of Appeals. Decided January 25, 1979. Opinion modified and as modified rehearing denied March 1, 1979. Certiorari denied April 30, 1979. Plaintiff appealed a judgment sustaining an order of the Department of Revenue revoking his driver’s […]

Katrina L. Anderson f/k/a Katrina Lee Gibson, Plaintiff-Appellant, v. Cindy S. Watson, Defendant-Appellee. No. 94CA1577Colorado Court of Appeals. Decided April 18, 1996 Petition for Rehearing DENIED June 27, 1996. Page 7 Appeal from the District Court of the City and County of Denver, Honorable J. Stephen Phillips, Judge, No. 93CV3618. JUDGMENT AFFIRMED Cook Lee, P.C., […]

(364 P.2d 877) HERBERT E. HICKS v. PEOPLE OF THE STATE OF COLORADO. No. 19,765.Supreme Court of Colorado. Decided September 18, 1961. Defendant was convicted of an offense, and brings error based on claim that he was not afforded a speedy public trial. Reversed. 1. CONSTITUTIONAL LAW — Speedy Public Trial — Statutes — Effect. […]

The PEOPLE of the State of Colorado, Complainant, v. Donald Keith SMITH, Respondent. No. 05PDJ072.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. Colorado. May 18, 2006. Attorney Regulation. Following a hearing pursuant to C.R.C.P. 251.18, a Hearing Board suspended Respondent Donald Keith Smith (Attorney Registration No. 02542) from the practice of […]

(421 P.2d 120) Rudy Joe Vigil v. The People of the State of Colorado. No. 21770.Supreme Court of Colorado. Decided December 12, 1966. Opinion modified and as modified petition for rehearing denied January 3, 1967. Defendant was convicted of larceny from the person and conspiracy to commit such larceny and brings error. Affirmed 1. CONSPIRACY […]

The People of the State of Colorado, Plaintiff-Appellee, v. Alfred John Flores, Defendant-Appellant. No. 87CA0056Colorado Court of Appeals. Decided April 7, 1988. Rehearing Denied May 12, 1988. Appeal from the District Court of Mesa County Honorable Charles A. Buss, Judge Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, Solicitor […]

In re the Marriage of Rodney C. Dwyer, Appellant, and Anne E. Dwyer, Appellee. No. 90CA0496Colorado Court of Appeals. Decided July 5, 1991. Rehearing Denied September 26, 1991. Certiorari Denied March 16, 1992 (91SC645). Appeal from the District Court of Pueblo County Honorable Patti F. O’Rourke, Judge. Alan Jensen, for Appellant. Carol Martin, for Appellee. […]

(330 P.2d 533) FIRST NATIONAL BANK OF DENVER, ET AL. v. ROZZELE ENGINEERING COMPANY, INC. No. 18,260.Supreme Court of Colorado. Decided October 14, 1958. Writ of error to review action of trial court in refusing to hear testimony in support of objections to master’s report and in denying motion to make third parties codefendants. Writ […]

The People of the State of Colorado, Plaintiff-Appellee, v. Christopher S. Kemp, Defendant-Appellant. No. 93CA0430Colorado Court of Appeals. Decided April 7, 1994. Petition for Writ of Certiorari DENIED December 19, 1994. Appeal from the District Court of El Paso County Honorable Douglas E. Anderson, Judge, No. 91CR3196 Page 261 JUDGMENT AFFIRMED Page 262 Gale A. […]

R. James Nicholson, Plaintiff-Appellant, v. Irving Ash, E.G. Koelling, Ronald L. Seigneur, C.E. Snow, Sandra V. Chadwick, Peter M. Eggleston, and Cogswell Wehrle, a partnership, Defendants-Appellees. No. 89CA0459Colorado Court of Appeals. Decided October 11, 1990. Appeal from the District Court of the City and County of Denver Honorable J. Stephen Phillips, Judge. Page 1353 Morrato, […]

204 P.2d 153 MASON v. HILLS LAND AND CATTLE COMPANY ET AL. No. 16,112.Supreme Court of Colorado. Decided March 7, 1949. A proceeding to change the point of diversion of an irrigation ditch. Judgment for protestants, and that the ditch and its priority had been abandoned. Affirmed. 1. WATER RIGHTS — Abandonment. The abandonment of […]

146 P.2d 992 HICKS v. THE PEOPLE. No. 15,371.Supreme Court of Colorado. Decided March 20, 1944. Plaintiff in error was convicted of conspiring to obtain money from Jefferson county by means of the confidence game. Reversed. 1. CRIMINAL LAW — Appeal and Error — Confession of Error by Attorney General. Where the attorney general confesses […]

Michael CERBO, Complainant-Appellant, and Colorado Secretary of State, Intervenor, v. PROTECT COLORADO JOBS, INC., Respondent-Appellee, and Office of Administrative Courts, Appellee. No. 09CA0587.Colorado Court of Appeals. May 13, 2010. As Modified June 10, 2010. Page 496 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

The People of the State of Colorado, Plaintiff-Appellee, v. Kyu Ho Yi, Defendant-Appellant. No. 86CA1679Colorado Court of Appeals. Decided July 23, 1987. Page 1265 Appeal from the District Court of El Paso County Honorable Bernard R. Baker, Judge Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, Solicitor General, Clement […]

The PEOPLE of the State of Colorado, Plaintiff-Appellant v. Terry HANKINS, Defendant-Appellee. No. 08SA343.Supreme Court of Colorado. February 23, 2009. Appeal from the District Court, Moffat County, Michael A. O’Hara, III, J. Page 1216 Bonnie S. Roesink, District Attorney, 14th Judicial District, Carl E. Stahl, Chief Deputy, Jeremy J. Snow, Deputy District Attorney, Craig, Colorado, […]

26 P.2d 103 JONES v. THE PEOPLE. No. 13,299.Supreme Court of Colorado. Decided September 18, 1933. Plaintiff in error was convicted of first degree murder and sentenced to death. Affirmed. 1. CRIMINAL LAW — Appeal and Error — Regularity of Proceedings — Presumption. All presumptions are in favor of the regularity of the rulings of […]

(354 P.2d 504) GILIBALDO FERRERA CARDOZA v. PEOPLE OF THE STATE OF COLORADO. No. 19,268.Supreme Court of Colorado. Decided July 18, 1960. Defendant pled guilty to murder in the first degree, and from the sentence imposed brings error. Affirmed. 1. CRIMINAL LAW — Appeal and Error — Motion for New Trial — Matters Not Included […]

(531 P.2d 972) Ingvar Sodal and Jofrid Sodal v. Albert L. French and Treva French and Walter Slack, d/b/a Walter Slack Realty No. 74-013Colorado Court of Appeals. Decided November 12, 1974. Opinion modified and as modified rehearing denied December 24, 1974. Certiorari granted March 3, 1975 on damage issue only. Purchasers of home brought action […]

127 P.2d 878 ZIMMERMAN, ADMINISTRATRIX v. INDUSTRIAL COMMISSION ET AL. No. 15,144.Supreme Court of Colorado. Decided June 29, 1942. A proceeding under the Workmen’s Compensation Act. Judgment for claimant. Affirmed. 1. WORKMEN’S COMPENSATION — Notice — Parties. A claimant under the Workmen’s Compensation Act, who files his notice of claim within the statutory period, is […]

The People of the State of Colorado, Plaintiff-Appellee, v. Joseph A. Ellsworth, Defendant-Appellant. No. 97CA0882Colorado Court of Appeals. July 6, 2000 Appeal from the District Court of the City and County of Denver. Honorable John N. McMullen, Judge. No. 96CR1477. JUDGMENT AFFIRMED. Page 1112 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

The People of the State of Colorado, Plaintiff-Appellee, v. Larry Eugene Buckallew, Defendant-Appellant. No. 91SA356Supreme Court of Colorado. Decided March 15, 1993. Rehearing Denied April 12, 1993. Appeal from the District Court, Pueblo County Honorable Alex J. Martinez, Judge Page 905 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

Colorado Department of Social Services, Petitioner, v. Smith, Harst Associates, Inc., Interocean Properties, Inc., d/b/a Sheridan Manor Nursing Home, and Georgian Health Centers, Inc., d/b/a Georgian Health Center, Respondents. No. 89SC341Supreme Court of Colorado. Decided January 14, 1991. Certiorari to the Colorado Court of Appeals. Gale A. Norton, Attorney General, Timothy M. Tymkovich, Solicitor General, […]

Board of County Commissioners of the County of Douglas, Plaintiff-Appellant, and Coalition of Northeastern Douglas County Against Annexation, Intervenor-Appellant, v. Gartrell Investment Company, LLC, a Colorado limited liability company, Defendant-Appellee, and The City of Aurora, Intervenor-Appellee. No. 00CA0822Colorado Court of Appeals. August 2, 2001 Douglas County District Court No. 00CV0028; Honorable Robert A. Behrman, Judge. […]

Black Sheep, Inc., Petitioner, v. State of Colorado, Division of Employment and Training and The Industrial Claim Appeals Office of the State of Colorado, Respondents. No. 90CA0377Colorado Court of Appeals. Decided December 20, 1990. Review of Order from the Industrial Claim Appeals Office of the State of Colorado Page 872 John D. Moats Associates, P.C., […]

Bonnie Grahn, Plaintiff-Appellant, v. Truck Insurance Exchange, Defendant-Appellee. No. 90CA1169Colorado Court of Appeals. Decided September 26, 1991. Opinion Modified, and as Modified Rehearing Denied October 31, 1991. Certiorari Granted April 6, 1992 (91SC695). Certiorari Granted on the following issues: Whether a salary paid by a sole proprietorship to an employee hired by the sole proprietorship […]

In the Matter of the Title, Ballot Title and Submission Clause Adopted April 4, 1990, Pertaining to the Proposed Initiative on Parental Notification of Abortions for Minors: Terre Lee Rushton, Petitioner, and The Coalition for Your Right to Know, Inc., Respondent, and Natalie Meyer, Douglas G. Brown and Duane Woodard, Title Setting Board. No. 90SA163Supreme […]

(512 P.2d 1166) School District #11, Joint Counties of Archuleta and La Plata, The State of Colorado, and Floyd E. Harris v. Clayborn Umberfield and the Colorado Civil Rights Commission No. 72-201Colorado Court of Appeals. Decided May 30, 1973. Rehearing denied June 19, 1973. Certiorari granted August 20, 1973. Following dismissal of tenured teacher pursuant […]

(267 P.2d 651) FRAKA ET AL v. MALERNEE. No. 17,270.Supreme Court of Colorado. Decided February 15, 1954. Rehearing denied March 8, 1954. An action for damages for personal injuries resulting from an automobile accident. Judgment for plaintiff. Writ of Error Dismissed. 1. APPEAL AND ERROR — Practice and Procedure — Briefs. Under a pertinent rule […]

Mark Guynn, Plaintiff-Appellant, v. State of Colorado, Department of Revenue, Motor Vehicle Division, The Executive Director, Renny Fagan, and Hearings Section, Chief Hearing Officer, Chuck Howe and Valerie Horowitz, Defendants-Appellees. No. 96CA1397Colorado Court of Appeals. May 15, 1997 Appeal from the District Court of Boulder County, Honorable Morris W. Sandstead, Jr., Judge, No. 96CV367 JUDGMENT […]

Richard JACKSON, Mary Jackson, Thomas Fehringer, Robert Hradecky, Deborah Hradecky, Dean Lousberg, and Lousberg Partnership, on behalf of themselves and those similarly situated, Plaintiffs Appellees, v. UNOCAL CORPORATION, Unocal Oil Company of California, and Unocal Pipeline Company, Defendants-Appellants. No. 09CA0610.Colorado Court of Appeals. July 23, 2009. Appeal from the District Court, Logan County, Kevin L. […]

The People of the State of Colorado, Complainant, v. Jerome P. Stineman, Attorney-Respondent. No. 85SA202Supreme Court of Colorado. Decided January 31, 1986. Original Proceedings in Discipline Page 1080 Linda Donnelly, Disciplinary Prosecutor, George S. Meyer, Deputy Disciplinary Prosecutor, for Complainant. Clifton J. Carney, Jr., for Respondent. EN BANC JUSTICE NEIGHBORS delivered the Opinion of the […]

Boulder Airporter, Inc., and American Limousine Service, Inc., Petitioners-Appellants, v. Rocky Mountain Shuttlines, Inc.; The Public Utilities Commission of The State of Colorado; and The Individual Commissioners Thereof, Robert J. Hix, Christine E.M. Alvarez, and Vincent Majkowski, Respondents-Appellees. No. 95SA186Supreme Court of Colorado. Decided July 1, 1996 Appeal from the District Court, City and County […]

The People of the State of Colorado, Complainant, v. Charles J. Haase, Attorney-Respondent. No. 88SA403Supreme Court of Colorado. Decided October 2, 1989. Original Proceeding in Discipline Linda Donnelly, Disciplinary Counsel, for Complainant. Nicholls Kusic, Jon S. Nicholls, for Respondent. EN BANC JUSTICE ROVIRA delivered the Opinion of the Court. [1] The disciplinary counsel filed a […]

Jerry W. Steinman v. Elvin Caldwell, Ex-Officio Sheriff of the City and County of Denver and Manager of Safety and Excise; and Mose Trujillo, Warden of the Jail, City and County of Denver No. 80SA447Supreme Court of Colorado. Decided May 18, 1981. Appeal from the District Court of the City and County of Denver, Honorable […]

(385 P.2d 677) JERRY STILLEY, ETC., v. HARRY C. TINSLEY, WARDEN OF COLORADO STATE PENITENTIARY. No. 19,940.Supreme Court of Colorado. Decided August 26, 1963. Rehearing denied October 28, 1963. Habeas corpus proceeding against Warden of state prison on ground of void sentence. Writ dismissed and petitioner resentenced. Reversed. 1. HABEAS CORPUS — Void Sentence — […]

Gary Walker, Plaintiff-Appellant, v. William Arries, County Court Judge for Weld County, Colorado, Defendant-Appellee. No. 95CA0246Colorado Court of Appeals. Decided November 2, 1995 Appeal from the District Court of Weld County Honorable John J. Althoff, Judge No. 94CV488 Page 1181 JUDGMENT AFFIRMED Dickson and Dickson, P.C., Charles B. Dickson, Greeley, Colorado, for Plaintiff-Appellant Gale A. […]

In re the Marriage of Mary Louise Ahrens, Appellee, and Brian Jeffrey Ahrens, Appellant. No. 92CA0145Colorado Court of Appeals. Decided January 14, 1993. Appeal from the District Court of Jefferson County Honorable James D. Zimmerman, Judge Bader Villanueva, P.C., Jeffrey M. Villanueva, Kathryn K. Brantmeyer, for Appellee. Jordon T. Sanger, for Appellant. Division V. Opinion […]

Ardith Popovich, Petitioner, v. John Irlando, Respondent. No. 90SC259Supreme Court of Colorado. Decided May 20, 1991. Certiorari to the District Court. Page 380 Law Offices of John Robert Holland, P.C., John R. Holland; Law Office of Kathleen Mullen, P.C., Kathleen Mullen, Benjamin Sachs, for Petitioner. Hall Evans, Barbara A. Duff, Alan Epstein, for Respondent. Feiger, […]

Pinkard Construction Company and Employers Fire Insurance Company, Petitioners, v. Industrial Commission of Colorado, Charles McGrath, in his capacity as Director, Division of Labor, and Nickolaos Kallergis, Respondents. No. 83CA0947Colorado Court of Appeals. Decided July 19, 1984. Rehearing Denied August 16, 1984. Certiorari Denied January 14, 1985. Review of Order from the Industrial Commission; of […]

I. Stephen Davis and Michael I. Ruxin, Plaintiffs-Appellees, v. Bertram A. Bruton; Rotella Park Associates, Ltd., a Colorado limited partnership; and Bertram A. Bruton d/b/a Bertram A. Bruton Associates, Defendants-Appellants. No. 89CA0895Colorado Court of Appeals. Decided August 9, 1990. Appeal from the District Court of Adams County Honorable Thomas Richard Ensor, Judge Page 831 Bernick […]

(511 P.2d 477) Harold James Mills v. County Court of Arapahoe County, and The Honorable Chris G. Rallis, one of the Judges thereof No. 26000Supreme Court of Colorado. Decided June 25, 1973. Original proceeding. Petition in nature of mandamus to require trial court to permit filing of and to rule upon application for probation. Rule […]

Jay SHERRITT, Petitioner-Appellant, v. ROCKY MOUNTAIN FIRE DISTRICT, Respondent-Appellee, and Colorado Office of Administrative Courts, Appellee. No. 08CA0914.Colorado Court of Appeals. February 19, 2009. Jay Sherritt, Pro Se. Law Offices of Frederick Huff, Frederick Huff, Denver, Colorado, for Respondent-Appellee. No Appearance for Appellee. Opinion by Judge ROMAN. In this action under the Fair Campaign Practices […]

(608 P.2d 810) Frank E. Williams, Karen B. Williams, and ABD J Corporation v. Town of Estes Park, Colorado, a municipal corporation v. Leroy C. Berger, Margaret C. Berger, N. Wayne Barker, Wanda L. Barker, David A. Webb and Quyen Webb No. 78-165Colorado Court of Appeals. Decided October 11, 1979. Rehearing denied November 29, 1979. […]

66 P.2d 334 STATE IN RELATION TO McKINNEY ET AL. v. LOWRY ET AL. No. 13,811.Supreme Court of Colorado. Decided March 15, 1937. On citation for contempt, respondents discharged and citation dismissed. Affirmed. 1. Contempt — Appeal and Error. In reviewing contempt proceedings the inquiry of the appellate court is limited to the determination of […]

(218 P.2d 514) SMITH, ADMINISTRATOR v. GREENBURG, ADMINISTRATRIX. No. 16,259.Supreme Court of Colorado. Decided January 23, 1950. Rehearing denied May 1, 1950. A proceeding involving the settlement of the estates of a husband, his wife, and their adopted daughter. The administrator of the husband’s estate suffered adverse judgment in the district court on some of […]

(349 P.2d 366) ABE P. COHEN v. LUCINDA VIVIAN, ET AL. No. 18,459.Supreme Court of Colorado. Decided January 25, 1960. Rehearing denied February 29, 1960. Action for rescission and damages by purchasers against seller of dwelling houses for defective construction. Judgment for plaintiffs. Affirmed. 1. VENDOR AND PURCHASER — Dwelling House — Foundation — Defect […]

Andrea GOETTMAN, for herself and in the Representative Capacity for the Estate, Heirs and Minor Children (L.R.G., J.M.G. and M.B.G.) of Michael B. Goettman, Plaintiff v. NORTH FORK VALLEY RESTAURANT; Thirsty Parrot Pub; Lawrence Jakubiak; Gabe Neuenschwander; Patricia Medina; Kate Benton; Phillip Dunn; Hydramatic Engineering, Pty. LTD.; ARO Mining, Defendants. No. 07SA167.Supreme Court of Colorado. […]

The People of the State of Colorado, Plaintiff-Appellee, In the Interest of: D.M., A minor Child, And Concerning, F. B.M., Respondents-Appellants. No. 81CA0936Colorado Court of Appeals. Decided August 19, 1982. Appeal from the District Court of Arapahoe County, Honorable Joyce Steinhardt, Judge. Page 1351 J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy Attorney General, […]

Nancy Jones and Kelley Winston, Plaintiffs-Appellants, v. City and County of Denver, Defendant-Appellee. No. 91CA0635Colorado Court of Appeals. Decided May 21, 1992. Rehearing Denied June 18, 1992. Appeal from the District Court of the City and County of Denver Honorable Nancy E. Rice, Judge. Page 871 The Connell Law Firm, John M. Connell, Michelle R. […]

Eugene A. Bigelow and Alyce M. Bigelow, Plaintiffs-Appellees and Cross-Appellants, v. David A. Nottingham, Philip R. Hazouri, James A. Giasafakis, Richard H. Elliott, and American Property Equities, a Colorado general partnership, Defendants-Appellants. and Frank J. Haberl, Defendant-Appellant and Cross-Appellee, and Dorothy H. Haberl, Defendant-Cross-Appellee. No. 89CA1462 No. 89CA1526Colorado Court of Appeals. Decided November 21, 1991. […]

(417 P.2d 505) Richard McKenna v. The People of the State of Colorado. No. 21692.Supreme Court of Colorado. Decided August 15, 1966. Defendant was convicted of first degree murder. From a denial of his motion to vacate and set aside judgment and sentence, the defendant brought error. Affirmed. 1. CRIMINAL LAW — Motion — Post […]

Desi GALLEGOS, Plaintiff-Appellee, v. R. GARCIA, R. Barrett, R. Steinbeck, D. Romero, P. Hijar, T. Lopez, and State Attorney General, Defendants-Appellants. No. 05CA0510.Colorado Court of Appeals. May 4, 2006. Appeal from the District Court, Crowley County, M. Jon Kolomitz, J. Page 406 Desi Gallegos, Pro Se. John W. Suthers, Attorney General, Paul Sanzo, Assistant Attorney […]

Bruce Hughes, Inc., a Colorado corporation, Plaintiff-Appellee, v. Ingels Associates, Inc., a Colorado corporation, Defendant-Appellant. No. 80CA1136Colorado Court of Appeals. Decided September 23, 1982. Appeal from the District Court of El Paso County, Honorable Joe A. Cannon, Judge. Page 89 Sparks, Dix and Enoch, P.C., Kenneth Sparks, for plaintiff-appellee. Strand and Meadows, P.C., Edwin Strand, […]

Todd Nasca, Plaintiff-Appellee, v. State Farm Mutual Automobile Insurance Company, an Illinois corporation, Defendant-Appellant, and Zupkus Ayd, P.C., a Colorado professional corporation; Robert Zupkus, individually; and Patricia M. Ayd, individually, Defendants. No. 99CA0510.Colorado Court of Appeals. April 13, 2000. Appeal from the District Court of the City and County of Denver, Honorable Herbert L. Stern, […]

(371 P.2d 422) EDWARD McCRAY v. PEOPLE OF THE STATE OF COLORADO. No. 20,081.Supreme Court of Colorado. Decided May 14, 1962. Defendant was convicted of robbery and brings error. Reversed. 1. CRIMINAL LAW — Appeal and Error — Confession of Error. Confession of error by the Attorney General acknowledging the evidence to be wholly insufficient […]

Paul C. Williams, Plaintiff-Appellant, v. Dowdle Sheet Metal Company, a Colorado corporation, Patrick D. Dowdle, and Alexander J. Makkai, Jr., Defendants-Appellees. No. 92CA1821Colorado Court of Appeals. Decided December 30, 1993 Page 209 Appeal from the District Court of the City and County of Denver Honorable H. Jeffrey Bayless, Judge No. 92CV5884 JUDGMENT AFFIRMED Paul C. […]

(274 P.2d 328) COPPINGER v. COPPINGER. No. 17,184.Supreme Court of Colorado. Decided September 7, 1954. Rehearing denied October 11, 1954. An action for divorce. A decree of divorce was duly ordered in favor of defendant wife. Reversed. 1. DIVORCE AND ALIMONY — Residence of Plaintiff. In divorce actions, the question of whether plaintiff was a […]

Vendria Perreira, Surviving Spouse of Augustus J. Perreira, Jr. (Deceased), Petitioner, v. The State of Colorado and its agency, Fort Logan Mental Health Center, and Eric Anders, M.D., Respondents. No. 87SC75Supreme Court of Colorado. Decided February 6, 1989. Certiorari to the Colorado Court of Appeals Page 1199 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

HCA-HEALTHONE, LLC, d/b/a Sky Ridge Medical Center, Plaintiff-Appellee, v. CITY OF LONE TREE, Colorado, and Jack Hidahl, in his official capacity as the manager of the City of Lone Tree, Colorado, Defendants-Appellants. No. 07CA1446.Colorado Court of Appeals. October 2, 2008. Appeal from the District Court, Douglas County, Paul A. King, J. Page 237 [EDITORS’ NOTE: […]

(513 P.2d 239) Sidney McIntosh, a minor by her next friend, Robert J. McIntosh and Robert J. McIntosh, individually v. George F. Romero No. 72-407Colorado Court of Appeals. Decided August 8, 1973. In personal injury auto accident case, defendant sought dismissal on ground that plaintiffs were not real parties in interest. From entry of judgment […]

(425 P.2d 279) Industrial Commission of Colorado (Ex-Officio Unemployment Compensation Commission of Colorado) and Aetna Life Insurance Company v. Georgene M. McIntyre No. 22262.Supreme Court of Colorado. Decided March 27, 1967. Unemployment compensation proceeding. From a judgment of the district court in favor of claimant, the Commission and the employer bring error. Affirmed. 1. SOCIAL […]

(615 P.2d 660) The People of the State of Colorado v. Frank R. Lucero No. 80SA145Supreme Court of Colorado. Decided August 11, 1980. Defendant appeals his conviction for assault in the first degree on a peace officer and his punishment as a habitual offender. Reversed and Remanded 1. CONSTITUTIONAL LAW — Self-Representation — Right — […]

(402 P.2d 177) HUGH WEED, DIRECTOR OF REVENUE OF THE STATE OF COLORADO, ET AL., v. MONFORT FEED LOTS, INC. No. 21272.Supreme Court of Colorado. Decided April 5, 1965. Rehearing denied June 7, 1965. Action by plaintiffs seeking exemption from the ton mile tax. Judgment for plaintiffs. Reversed and Remanded. 1. TRIAL — Undisputed Evidence […]

(428 P.2d 74) Thomas A. Boyle v. The People of the State of Colorado. No. 22616Supreme Court of Colorado. Decided May 29, 1967. Defendant was convicted of the crime of writing a “no account” check. From denial of his petition to vacate sentence and grant new trial he brought error. Affirmed. 1. CRIMINAL LAW — […]

(232 P.2d 189) LING v. PEASE ET AL. No. 16,285.Supreme Court of Colorado. Decided May 14, 1951. An action by the guest in an automobile to recover from the owner of the car damages for injuries sustained by her in an accident in which the car was involved. Judgment of dismissal. Reversed. 1. AUTOMOBILES — […]

(362 P.2d 561) J. L. FRANKS, ET AL. v. CITY OF AURORA. No. 19,492.Supreme Court of Colorado. Decided June 5, 1961. From a judgment in favor of city in an action for damages resulting from construction of a drainage conduit, the defendants bring error. Reversed. 1. MUNICIPAL CORPORATIONS — Conveyance — Terms — Construction of […]

(362 P.2d 1045) WILLIAM L. WILDER v. ANNA BAKER. No. 19,667.Supreme Court of Colorado. Decided June 19, 1961. Rehearing denied July 17, 1961. From a judgment for plaintiff under a contract for money loaned, the defendant brings error. Affirmed. 1. CONTRACTS — Money Loaned — Joint and Several Liability — Parties. Persons jointly or severally […]

The People of the State of Colorado, Petitioner-Appellee, v. The Adams County Court and the Honorable John J. Vigil, Respondents-Appellants. No. 87CA1795Colorado Court of Appeals. Decided December 8, 1988. Appeal from the District Court of Adams County Honorable Thomas R. Ensor, Judge Page 803 James F. Smith, District Attorney, Michael J. Milne, Deputy District Attorney, […]

(618 P.2d 1115) First National Bank of Southglenn, a national banking corporation v. Energy Fuels Corporation, a Colorado corporation No. 79SC139Supreme Court of Colorado. Decided September 15, 1980. Rehearing denied November 3, 1980. Certiorari to review court of appeal’s decision, 42 Colo. App. 233, 599 P.2d 923, which interpreted the redemption statute, section 38-39-103(1), C.R.S. […]

(563 P.2d 956) Joseph R. Ruth v. The County Court in and and for the County of El Paso, and Judge James Quine No. 76-172Colorado Court of Appeals. Decided December 16, 1976. Rehearing denied January 6, 1977. Certiorari granted May 9, 1977. From district court order dismissing complaint wherein plaintiff requested relief in the nature […]

The People of the State of Colorado, Plaintiff-Appellee, v. Sheland D. Baker, Defendant-Appellant. No. 94CA1809Colorado Court of Appeals. Decided July 25, 1996 Petition for Rehearing DENIED August 29, 1996 Appeal from the District Court of Arapahoe County, Honorable Michael L. Bieda, Judge, No. 93CR1931. JUDGMENT REVERSED AND CAUSE REMANDED WITH DIRECTIONS Page 1187 Gale A. […]

(599 P.2d 273) In re the Marriage of Margaret A. Tricamo and Stephen S. Tricamo No. 78-1154Colorado Court of Appeals. Decided May 31, 1979. Rehearing denied June 21, 1979. In dissolution of marriage proceeding, trial court awarded custody of one child to husband although he was neither natural nor adoptive father of that child. Wife […]

H. Marie Cain, nka H. Marie Burrows, individually and as natural mother and next friend of the deceased, Jeffrey Mark Cain, and Delores Chase and Jack Chase, individually and as natural parents and next friends of the deceased, Jay Chase, Plaintiffs-Appellants, v. James Leake, Jerry Couch, John Volpi, Daniel Garcia, James Green and Commerce City, […]

(390 P.2d 952) THE DENVER TRAMWAY CORPORATION v. JAKE GARCIA, BY HIS NEXT FRIEND AND MOTHER, MARY EDWARDS. No. 20,444.Supreme Court of Colorado. Decided April 6, 1964. Action by minor for damages resulting from being run over by bus in defendant’s garage. Judgment for plaintiff. Reversed. 1. NEGLIGENCE — Attractive Nuisance — Evidence — Sufficiency. […]

168 P.2d 554 BENNETT’S, INC. v. KROGH. No. 15,457.Supreme Court of Colorado. Decided April 22, 1946. An action in which plaintiff prayed the court to enter a declaratory judgment defining its rights as to the cancellation of a contract and declare the contract terminated. Judgment of dismissal. Cause Remanded with Instructions. 1. CONTRACTS — Options […]

(482 P.2d 110) James LeRoy Reed and Zimmeri C. McNeal v. The People of the State of Colorado. No. 23765.Supreme Court of Colorado. Decided March 8, 1971. Defendants were convicted of robbery and brought error. Affirmed. 1. COURTS — Robbery — United States Supreme Court — Miranda v. Arizona — Advisement of Rights — Form […]