Category: Colorado Court Opinions

The People of the State of Colorado, Plaintiff-Appellant, v. Sandra Turcotte-Schaeffer and David Charles Booth, Defendants-Appellees. No. 92SA239Supreme Court of Colorado. Decided January 19, 1993. Interlocutory Appeal from District Court, El Paso County Honorable Peter W. Booth, Judge John Suthers, District Attorney, Daniel H. May, Chief Deputy District Attorney, Larry E. Schwartz, Deputy District Attorney, […]

The People of the State of Colorado, Plaintiff-Appellee, v. Shawn L. Rivera, Defendant-Appellant. No. 96CA0868Colorado Court of Appeals. November 28, 1997 As Modified on Denial of Rehearing April 9, 1998 Appeal from the District Court of Washington County, Honorable Douglas R. Vannoy, Judge, No. 95CR30 JUDGMENT AFFIRMED, SENTENCE AFFIRMED IN PART AND VACATED IN PART, […]

(581 P.2d 1162) City and County of Denver School District No. 1, and Division of State Compensation Insurance Fund v. Industrial Commission of Colorado and Edward A. Brandhorst and City and County of Denver School District No. 1, and Division of State Compensation Insurance Fund v. Industrial Commission of Colorado and LeRoy William Bonger No. […]

(564 P.2d 119) The People of the State of Colorado v. Elias Medina No. 27355Supreme Court of Colorado. Decided May 16, 1977. Defendant challenges the sentence imposed under the habitual criminal statute after he was convicted of attempted rape, burglary, and being an habitual criminal. Affirmed 1. MENTAL HEALTH — Sex Offenders Act — Possibility […]

(281 P.2d 153) LEONARD McRAE v. PEOPLE OF THE STATE OF COLORADO. No. 17,467.Supreme Court of Colorado. Decided March 21, 1955. Rehearing denied April 4, 1955. 1. CRIMINAL LAW — Appeal and Error — Practice. The Rules of Civil Procedure do not apply to criminal proceedings in the Supreme Court, such proceedings in the “Supreme […]

S.O.V., Petitioner, v. The People of the State of Colorado, In the Interest of M.C., a child, and M.C., a child, Respondents. No. 94SC727Supreme Court of Colorado. Decided April 8, 1996 Certiorari to the Colorado Court of Appeals JUDGMENT AFFIRMED Page 356 David C. Johnston, Paonia, Colorado, Attorney for Petitioner. McMichael, Burlingame, Multz Lipton, Donna […]

(540 P.2d 1110) Barbara’s Lighting Center, Inc. v. Winston Churchill, Joseph M. Paulson, and George P. Pollack and P.C.P. Manufacturing Corporation No. 74-244Colorado Court of Appeals. Decided March 25, 1975. Rehearing denied April 15, 1975. Certiorari denied June 16, 1975. In action for breach of contract, trial court entered judgment declaring three individual defendants jointly […]

The People of the State of Colorado, Plaintiff-Appellant, v. Joseph Weldon Swearingen, Defendant-Appellee. No. 82SA84Supreme Court of Colorado. Decided August 30, 1982. Interlocutory Appeal from the District Court of El Paso County, Honorable Bernard Baker, Judge Page 1103 Robert L. Russel, District Attorney, David H. Zook, Chief Deputy District Attorney, for plaintiff-appellant. Thomas C. Donovan, […]

Timberline Sawmill and Lumber Inc., and State Compensation Insurance Fund v. Industrial Commission of the State of Colorado, and Cindy Jean Eller No. 80CA0223Colorado Court of Appeals. Decided January 29, 1981. Page 368 Review of Order of the Industrial Commission of the State of Colorado James A. May, William J. Baum, Kathleen W. Robinson, for […]

(534 P.2d 634) The City of Lakewood, Colorado v. In The Matter of the Petition of Loretto Literary and Benevolent Institution, a Kentucky corporation, and Von Frellick Associates, Inc., for the Disconnection of a Tract of Realty from the City of Lakewood, Colorado No. C-411Supreme Court of Colorado. Page 15 Remanded to District Court January […]

Jefferson County School District R-1, Petitioner in 84SC327, v. Christine Gilbert, a minor, by her parents and next friends, James Gilbert and Mary Ann Gilbert and James Gilbert and Mary Ann Gilbert individually, Respondents in 84SC327. and Christine Gilbert, a minor, by her parents and next friends, James Gilbert and Mary Ann Gilbert and James […]

Concerning the Application for Water Rights of Monaghan Farms, Inc., Monaghan Farms, Inc., Applicant-Appellee, v. The City and County of Denver, acting by and through its Board of Water Commissioners, Objector-Appellant, and State Engineer and Division Engineer for Water Division No. 1; L.C. Fulenwider, Inc.; Van Schaack Holdings, Ltd.; H.C. Van Schaack, III; L.C. Fulenwider, […]

Max H. Stanske, Plaintiff-Appellant, v. Wazee Electric Company, a Colorado corporation, Defendant-Appellee. No. 83CA1132Colorado Court of Appeals. Decided August 2, 1984. Rehearing Denied September 6, 1984. Certiorari Granted November 5, 1984. Appeal from the District Court of the City and County of Denver Honorable Harold D. Reed, Judge Page 1292 Richard M. Borchers, P.C., Richard […]

27 P.2d 755 EQUITABLE LIFE AND CASUALTY INSURANCE COMPANY v. BRENNAMAN. No. 12,947.Supreme Court of Colorado. Decided December 11, 1933. Suit on accident insurance policy. Judgment for plaintiff. Affirmed. 1. APPEAL AND ERROR — Fact Findings. Findings of the trial court based on conflicting evidence are conclusive on review, the evidence being sufficient to sustain […]

(513 P.2d 455) The First National Bank of Denver, Executor of the Estate of Hazel M. Lindl, deceased v. Martin R. Allard, Elenor K. Allard, George L. Allard, and Roxana E. Allard, d/b/a Allard Cattle Company a co-partnership No. C-324Supreme Court of Colorado. Decided July 30, 1973. Rehearing denied September 10, 1973. Action to quiet […]

(281 P.2d 512) ARTHUR J. KEMPER v. THE DISTRICT COURT OF THE CITY AND COUNTY OF DENVER, ET AL. No. 17,640.Supreme Court of Colorado. Decided March 21, 1955. Rehearing denied April 7, 1955. Original proceedings in the nature of prohibition. Petition dismissed. 1. COURTS — Original Jurisdiction — Prohibition. Under Rule 116, C.R.C.P., a petition […]

HATHAWAY LIGHTING, INC. and Norman Tyrell, Petitioners, v. INDUSTRIAL CLAIM APPEALS OFFICE of the State of Colorado and Pinnacol Assurance, Respondents. No. 05CA1630.Colorado Court of Appeals. August 24, 2006. Rehearing Denied December 14, 2006. Page 1188 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

Douglas County Board of Equalization, Petitioner, v. Fidelity Castle Pines, Ltd; Colorado Castle Pines Realty, Inc.; Castle Pines Fidelity Associates Limited Partnership; and Board of Assessment Appeals of the State of Colorado, Respondents. Douglas County Board of Equalization, Petitioner, v. Roxborough Village Joint Venture — Roxborough Acquisition Corporation, and Board of Assessment Appeals of the […]

30 P.2d 1117 ALLEN ET AL. v. GETTLER ET AL. No. 13,469.Supreme Court of Colorado. Decided March 19, 1934. Proceeding under the Workmen’s Compensation Act. Judgment for claimant. Affirmed. 1. WORKMEN’S COMPENSATION — Disease — Accidental Injury. Neither a congenital weakness nor a preexisting disease will render noncompensable an injury received under conditions which would […]

21 P.2d 714 MITCHELL, ADMINISTRATRIX v. SHEETS. No. 12,858.Supreme Court of Colorado. Decided April 17, 1933. Rehearing denied May 8, 1933. Claim against estate for services rendered deceased during his lifetime. Judgment for claimant. Affirmed. 1. EXECUTORS AND ADMINISTRATORS — Claims. On claim of a granddaughter against the estate of her grandfather for services rendered […]

(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 […]

Melody CLAYTON, Plaintiff-Appellant, v. Matthew SNOW, Defendant-Appellee. No. 04CA1942.Colorado Court of Appeals. January 26, 2006. Appeal from the District Court, Roxanne Bailin, J. Larry D. Lee, P.C., Larry D. Lee, Boulder, Colorado, for Plaintiff-Appellant. Seaman, Giometti Murphy, P.C., Thomas J. Seaman, Greenwood Village, Colorado, for Defendant-Appellee. RUSSEL, Judge. Plaintiff, Melody Clayton, appeals from the trial […]

(234 P.2d 611) LINCH v. GAME AND FISH COMMISSION OF COLORADO. No. 16,543.Supreme Court of Colorado. Decided July 16, 1951. Rehearing denied August 6, 1951. An action for the cancellation of a contract for the sale and purchase of real property. Judgment for defendant. Affirmed. 1. CONTRACTS — Judgment. In an action for cancellation of […]

(533 P.2d 501) Bruce Cranmer v. Olin Ski Company, a Delaware corporation No. 74-181Colorado Court of Appeals. Decided March 11, 1975. Appellant sought review of an order of the trial court which quashed service of summons purportedly effected under “long arm” statute. Appeal Dismissed 1. APPEAL AND ERROR — Trial Court Order — Quash — […]

Steven L. Rosa (Deceased), Christina Rosa, Joshua Rosa, Amber Rosa, and Nathaniel Rosa, Petitioners, v. Warner Electrical Contracting, Colorado Compensation Insurance Authority, and the Industrial Claim Appeals Office of the State of Colorado, Respondents. No. 92SC689Supreme Court of Colorado. Decided January 31, 1994. Rehearing Denied February 28, 1994. Certiorari to the Colorado Court of Appeals […]

May Bell Gaddis, Executrix of The Estate of William H. Gaddis, a/k/a W.H. Gaddis, Deceased v. Ralph L. McDonald No. 79CA1059Colorado Court of Appeals. Decided August 27, 1981. Appeal from the Probate Court of the City and County of Denver, Honorable James R. Wade, Judge. Fishman, Gengler Geman, P.C., Raymond J. Gengler, Ted J. Gengler, […]

(394 P.2d 121) CLIFFORD WOODHAMS, ET AL., v. ED ACKERMAN, ET AL. No. 20497.Supreme Court of Colorado. Decided July 13, 1964. Rehearing denied August 10, 1964. Action for damages for alleged overgrazing of lands and counterclaim for conveyance of title in accordance with alleged agreement to exchange lands. From a judgment denying damages but sustaining […]

(532 P.2d 748) Survey Engineers, Inc., a Colorado corporation v. The Zoline Foundation, an Illinois Corporation, and Joseph Zoline No. 73-462Colorado Court of Appeals. Decided December 31, 1974. Rehearing denied February 4, 1975. Certiorari granted March 24, 1975. In action to recover for services rendered in surveying defendants’ land, trial court awarded plaintiff $607.50 for […]

Roger G. Herrera, Plaintiff-Appellant, v. San Luis Central Railroad Company, a corporation, Defendant-Appellee. No. 98CA1521Colorado Court of Appeals. Division I September 30, 1999 Rehearing Denied October 28, 1999. Certiorari Denied May 15, 2000. Appeal from the District Court of Rio Grande County, Honorable Robert W. Ogburn, Judge, No. 96CV19. JUDGMENT REVERSED AND CAUSE REMANDED WITH […]

127 P.2d 279 HONSKA v. DENNING. No. 14,941.Supreme Court of Colorado. Decided June 15, 1942. Action for money alleged to be due for services rendered. Judgment for plaintiff. Affirmed. 1. EXECUTORS AND ADMINISTRATORS — Contracts — Personal Liability. In an action to recover on an agreement whereby plaintiff was to perform certain services for a […]

(395 P.2d 732) MALCOLM D. CRAWFORD v. HARRY GORBEY, aka HARRY GORBY, AND ALLEN INVESTMENT COMPANY. No. 20920.Supreme Court of Colorado. Decided October 13, 1964. Action to recover money allegedly loaned to defendant. From a judgment of dismissal, the plaintiff brings error. Affirmed. 1. TRIAL — Prima Facie Case — Burden of Proof — Dismissal […]

Motor Vehicle Licensing Board, State of Colorado, Appellee, v. Denver Truck Center, Inc., a Colorado corporation and Steven J. Dreiling, Respondents-Appellants. No. 93CA1575Colorado Court of Appeals. Decided April 21, 1994. Petition for Writ of Certiorari DENIED December 19, 1994. Appeal from the Colorado Motor Vehicle Dealer Board MV 92-01 ORDER AFFIRMED Gale A. Norton, Attorney […]

Harley Dunlap and Mary Ann Dunlap, Plaintiffs-Appellants, v. David M. Long, Defendant-Appellee. No. 93CA0867Colorado Court of Appeals. Decided January 19, 1995. Petition for Rehearing DENIED March 2, 1995. Petition for Writ of Certiorari DENIED September 5, 1995. Appeal from the District Court of Adams County Honorable John E. Popovich, Judge No. 91CV1336. JUDGMENT AFFIRMED IN […]

(562 P.2d 1123) Rocky Mountain Radiologists Professional Corp., a Colorado corporation v. Department of Labor and Employment, Industrial Commission of the State of Colorado, (Ex-Officio Unemployment Compensation Commission of Colorado), and Phyllis R. Elliott No. 76-492Colorado Court of Appeals. Decided March 31, 1977. From award of full benefits on claim for unemployment compensation, employer sought […]

In the Matter of the Title, Ballot Title and Submission Clause, and summary pertaining to the proposed initiative designated “Governmental Business” David W. Broadwell, Petitioner, and Charles R. Grice, Jr. and Dennis Polhill, Respondents, and Natalie Meyer, Stephen Erkenbrack and Rebecca Lennahan Title Setting Board. No. 94SA94Supreme Court of Colorado. Decided June 6, 1994 Review […]

Benito Robles, Petitioner, v. The People of the State of Colorado, Respondent. and Victor Robles, Petitioner, v. The People of the State of Colorado, Respondent. No. 90SC116 No. 90SC179Supreme Court of Colorado. Decided Decided May 20, 1991. Rehearing Denied June 10, 1991. Benito Robles’ Petition for Rehearing or Modification Denied June 10, 1991. Certiorari to […]

(500 P.2d 130) Donald D. Dixon, Joseph Washington Evans, Harold Fishman, Dallas C. Hiatt, Harry W. Odil, and Joseph A. Wolfe, individually and as representatives of a class v. Herbert A. Zick, Wendell E. Bryan, Albert A. Sutton, Harold J. Kendrick, and Richard A. Barnes, and their respective successors in office, as members of the […]

In the Matter of the Estate of Veronica C. Ongaro, Deceased. Denver Water Department Credit Union, Claimant, Appellant, v. The Estate of Veronica C. Ongaro, Respondent-Appellee. No. 97CA0041Colorado Court of Appeals. April 30, 1998 Rehearing Denied June 11, 1998 Certiorari Granted March 22, 1999[*] [*] SUMMARY OF ISSUE: Whether the court of appeals erred in […]

The People of the State of Colorado, Appellant, In the Interest of S.J., a child, Appellee, And Concerning R.G., Appellee. No. 89SA28Supreme Court of Colorado. Decided September 18, 1989. Interlocutory Appeal from Juvenile Court Denver County Honorable Orrelle R. Weeks, Judge. Norman S. Early, Jr., District Attorney, Nathan B. Coats, Chief Appellate Deputy District Attorney, […]

(388 P.2d 81) C. GEORGE SWALLOW v. H. J. BRAKHAGE No. 20,332.Supreme Court of Colorado. Decided December 9, 1963. Action to quiet title to mining claims. Judgment for plaintiff. Affirmed. 1. QUIETING TITLE — Evidence — Conflict — Findings. In an action to quiet title to mining claims where the evidence was conflicting findings of […]

Leroy F. Priday, Petitioner, v. The People of the State of Colorado, Respondent. No. 86SC268Supreme Court of Colorado. Decided September 8, 1987. Page 322 Certiorari to the District Court, Jefferson County Honorable Henry E. Nieto, Judge Lozow, Lozow and Elliott, Charles W. Elliott, Karen A. Chaney, for Petitioner. Donald E. Mielke, District Attorney, E. Ronald […]

(599 P.2d 968) The People of the State of Colorado In the Interest of M.M., a Child, and Concerning M.M. No. 78-355Colorado Court of Appeals. Decided July 26, 1979. Finding minor had perpetrated sexual assault on two children, trial court adjudicated him a juvenile delinquent. Minor appealed. Reversed 1. JUVENILE DELINQUENCY — Minor 17 — […]

(363 P.2d 677) UNITED WESTERN MINERALS COMPANY v. JOHN F. HANNSEN, ET AL. No. 19,539.Supreme Court of Colorado. Decided July 17, 1961. Rehearing denied August 14, 1961. Action to recover rental under mining lease. Judgment for plaintiffs. Affirmed. 1. MINES AND MINERALS — Claims — Location — Requisites — Sequence of Acts. A valid location […]

James David MILLER and Magnum Plastics, Inc., Plaintiffs-Appellants, v. HARTFORD CASUALTY INSURANCE COMPANY, Defendant-Appellee. No. 05CA2412.Colorado Court of Appeals. April 5, 2007. Appeal from the District Court, Boulder County, Daniel C. Hale, J. Page 409 Wood, Ris Hames, P.C., Mark R. Davis, Mark J. Jachimiak, Denver, Colorado, for Plaintiffs-Appellants. Wells, Anderson Race LLC, L. Michael […]

People of the State of Colorado, Petitioner, v. Teddy Ralph Rister, Respondent. No. 89SC212Supreme Court of Colorado. Decided December 10, 1990. Rehearing Denied January 28, 1991. Certiorari to the District Court Jackson County. Page 484 Stuart A. VanMeveren, District Attorney, Loren B. Schall, Assistant District Attorney, Daniel J. Kaup, Deputy District Attorney, for Petitioner. David […]

Mike A. Leprino; First National Bank of Southeast Denver; Jack N. Hyatt, Trustee; Bank Western Federal Savings Bank, n/k/a Colorado National Bank, Petitioners-Appellees, v. Mary Huddleston, Property Tax Administrator, State of Colorado, Respondent-Appellant, and Board of Assessment Appeals, State of Colorado, Appellee. No. 94CA1544Colorado Court of Appeals. Decided July 13, 1995 Appeal from the Colorado […]

195 P.2d 981 BROWN v. GRACE BAPTIST CHURCH OF SOUTH CANON ET AL. No. 16,075.Supreme Court of Colorado. Decided July 19, 1948. A proceeding in which the court is asked to enter a decree fixing the title to certain real property in plaintiff. On motion of defendants the action was dismissed. PER CURIAM. Judgment affirmed […]

(355 P.2d 960) GERALD BENNETT, ET AL. v. GEORGE J. BAKER, SECRETARY OF STATE, ET AL. No. 19,612.Supreme Court of Colorado. Decided October 10, 1960. Action to compel Secretary of State to certify initiated constitutional amendment on general election ballot. Judgment for defendants. Affirmed. Error to the District Court of the City and County of […]

(264 P.2d 858) MOSKO v. WEBER ET AL. No. 17,147.Supreme Court of Colorado. Decided December 14, 1953. An action for rent. Judgment for plaintiff. PER CURIAM. Judgment affirmed en banc without written opinion. Error to the District Court of Pueblo County, Hon. Harry Leddy, Judge. Mr. FRED T. TANQUARY, for plaintiff in error. Messrs. SEAVY […]

Ike Shaw, Jr., Plaintiff-Appellant, v. General Motors Corporation; Daniels Motors, Inc.; and Fontaine Truck Equipment Company, Defendants-Appellees. No. 84CA0474Colorado Court of Appeals. Decided May 1, 1986. Rehearings Denied May 29, 1986. Certiorari Denied Shaw October 14, 1986 (86SC219). Appeal from the District Court of the City and County of Denver Honorable Warren O. Martin, Judge […]

Clyde Arthur Tenney and Ardith Mae Tenney, as Co-Guardians for Steven Clyde Tenney, Plaintiffs-Appellants, v. Carl Flaxer; Eugene Schulman; Frank S. Potestio; and Mercy Medical Center, Defendants-Appellees. No. 86SA14Supreme Court of Colorado. Decided November 10, 1986. Rehearing Denied December 2, 1986. Certified Questions From the United States Court of Appeals for the Tenth Circuit Roath […]

Paul D. Mayerle, Petitioner-Appellant, v. Civil Service Commission, in and for the City and County of Denver, and Its Manager of Safety, F. John Simonet, and The Denver Fire Department, and Its Chief, Myrle K. Wise, Respondents-Appellees. No. 86CA0170Colorado Court of Appeals. Decided May 14, 1987. Appeal from the District Court of the City and […]

492 P.2d 73 Saed F. Tayyara v. Franklin O. Stetson and Mary E. Stetson No. 70-612Colorado Court of Appeals. Decided November 23, 1971. Rehearing denied December 14, 1971. Action for specific performance of contract for sale of real estate. Defendants alleged mistake in description of property to be conveyed. From judgment for plaintiff, defendants appealed. […]

Njal Schold and Jane Schold, Plaintiffs-Appellees, v. William Sawyer and Mary Sawyer, Defendants-Appellants. No. 96CA1374Colorado Court of Appeals. August 21, 1997 Appeal from the District Court of La Plata County, Honorable Timothy A. Patalan, Judge, No. 95CV187 JUDGMENT REVERSED AND CAUSE REMANDED WITH DIRECTIONS Page 684 Greenberg Malick, Lawrence C. Malick, Durango, Colorado, for Plaintiffs-Appellees. […]

White House Industries, Inc., and Colorado Compensation Insurance Authority, Petitioners, v. Charles A. May and The Industrial Claim Appeals Office of the State of Colorado, Respondents. No. 92CA0629Colorado Court of Appeals. Decided December 31, 1992. Review of Order from the Industrial Claim Appeals Office of the State of Colorado Page 545 Michael J. Steiner, for […]

(526 P.2d 304) Johnny Horton and Keith Horton v. Kirsten Renee Reaves, an infant, by the Continental National Bank, a Colorado corporation, her legally appointed guardian Kirsten Renee Reaves, an infant, by the Continental National Bank, a Colorado corporation, her legally appointed guardian v. Delores Horton, Johnny Horton, Keith Horton and Barbara Reaves No. C-482 […]

Wesley Massey, Petitioner, v. The People of the State of Colorado, and William Wilson, Superintendent, Colorado State Penitentiary, Respondents. No. 80SA434Supreme Court of Colorado. Decided November 8, 1982. Rehearing denied January 10, 1983. Appeal from the District Court of Fremont County, Honorable Wallace Lundquist, Judge. J. Gregory Walta, Colorado State Public Defender, Michael Heher, Deputy […]

(293 P.2d 294) NICHOLAS ANGELOPOULOUS v. VELMA MAY WISE, ET AL. No. 17,690.Supreme Court of Colorado. Decided January 16, 1956. Rehearing denied February 27, 1956. Proceedings to establish paternity of a child. From a verdict and judgment finding respondent to be the father he brings error. Reversed and Remanded With Directions. 1. BASTARDS — Paternity […]

(605 P.2d 485) In re the Marriage of Linda D. Heim and Evan S. Heim No. 78-1006Colorado Court of Appeals. Decided December 28, 1979. Husband appealed from judgment of the trial court, contending that certain property found by the court to be non-marital was in fact marital property. Reversed 1. DISSOLUTION OF MARRIAGE — Property […]

(443 P.2d 365) James K. Thompson v. Edward Tartler, a minor, by his father and next friend, John Tartler. No. 21951.Supreme Court of Colorado. Decided July 15, 1968. Action by minor, through his father, to recover damages for personal injuries sustained as a result of an automobile-bicycle collision. Judgment for plaintiff. Affirmed. 1. APPEAL AND […]

119 P.2d 621 RESERVE BUILDING AND LOAN ASSOCIATION v. JAMISON ET AL. No. 14,811.Supreme Court of Colorado. Decided November 17, 1941. Suit on promissory note. Judgment for defendants. Affirmed. 1. APPEAL AND ERROR — Bills and Notes — Sufficiency of Evidence. In an action on a promissory note, there being sufficient competent evidence to support […]

Plaintiff-Appellant: The PEOPLE of the State of Colorado, v. Defendant-Appellee: Randy CANISTER. No. 03SA170.Supreme Court of Colorado. April 18, 2005. Appeal from the Trial Court, Arapahoe County, Robert Russell, II, J. Carol A. Chambers, District Attorney, Eighteenth Judicial District, Paul R. Wolff, Chief Deputy District Attorney, Centennial, for Petitioners. Law Office of Michael G. Root, […]

(500 P.2d 1176) The People of the State of Colorado v. Henry Ronald Trujillo No. 25548Supreme Court of Colorado. Decided September 18, 1969. Interlocutory appeal by the People from a ruling of the trial court which suppressed certain physical evidence obtained from searches made after defendant’s arrest without a warrant. Ruling Affirmed 1. CRIMINAL LAW […]

The People of the State of Colorado, Plaintiff-Appellee, v. Ernest L. Warner, Defendant-Appellant. No. 87CA1762Colorado Court of Appeals. Decided October 26, 1989. Rehearing Denied December 7, 1989. Certiorari Granted April 2, 1990 (90SC13). Certiorari Granted on following issue: Whether the crime of theft from the person of another includes a theft accomplished by a series […]

The People of the State of Colorado, Plaintiff-Appellee, v. Robert Leroy Ellinger, Defendant-Appellant. No. 86CA0287Colorado Court of Appeals. Decided October 8, 1987. Rehearing Denied November 5, 1987. Certiorari Denied May 9, 1988 (87SC462). Appeal from the District Court of Mesa County Honorable Charles A. Buss, Judge Page 397 Duane Woodard, Attorney General, Charles B. Howe, […]

The People of the State of Colorado, Plaintiff-Appellant, v. Richard Juan Mascarenas, Defendant-Appellee. No. 84SA37Supreme Court of Colorado. Decided September 23, 1985. Appeal from District Court, Weld County Honorable Hugh A. Arnold, Judge Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, Solicitor General, Maureen Phelan, Assistant Attorney General, for […]

(495 P.2d 554) William G. Azar v. Employers Casualty Company No. C-49Supreme Court of Colorado. Decided April 3, 1972. Rehearing denied April 24, 1972. Action to determine whether automobile liability policy or homeowners policy afforded coverage for injuries sustained by insured’s companion as a result of accidental discharge of shotgun, and petition for certiorari to […]

(439 P.2d 732) Norval W. Robison and Carol R. Robison v. Housing Authority of the City of Fort Morgan, Colorado. No. 23064.Supreme Court of Colorado. Decided April 22, 1968. Condemnation proceedings by housing authority against certain named property owners. From an adverse judgment, the property owners brought error. Reversed. 1. EMINENT DOMAIN — Condemnation — […]

Roldan Corporation, N.V., Petitioner, v. District Court, City and County of Denver, Colorado, and The Honorable Raymond Dean Jones, Respondents. No. 85SA377Supreme Court of Colorado. Decided March 31, 1986. Original Proceeding Page 121 Pendleton Sabian, P.C., Joseph E. Meyer, III, Ted D. Gardenswartz, for Petitioner. Roath Brega, P.C., Robert P. Thomasch, David A. Klibaner, for […]

Frederick M. Miller, M.D., Petitioner, v. The District Court In and For the City and County of Denver and The Honorable Leonard Plank, One of the Judges Thereof, Respondents. No. 87SA49Supreme Court of Colorado. Decided May 26, 1987. Original Proceeding Page 835 Larry Pozner Associates, P.C., Shelley Gilman, for Petitioner. Norman S. Early, Jr., District […]

Virginia M. Blades and Phillip N. Blades, Petitioners, v. Charles DaFoe and Robert McCurdy, Respondents. No. 83SC306Supreme Court of Colorado. Decided July 8, 1985. Rehearing Denied August 19, 1985. Certiorari to the Colorado Court of Appeals Page 318 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

(429 P.2d 309) Joseph O. Zarate v. The People of the State of Colorado. No. 22188.Supreme Court of Colorado. Decided July 3, 1967. Defendant was convicted of the crime of obtaining money by false pretense. Reversed. 1. FALSE PRETENSES — Parting With Property — Title — Possession — Commission of Crime. If an owner, in […]

5 P.2d 875 MILLER v. CITY AND COUNTY OF DENVER ET AL. No. 12,425.Supreme Court of Colorado. Decided November 16, 1931. Rehearing denied December 7, 1931. Action to remove cloud from title of city lots alleged to have been created by a paving assessment. Judgment for defendants. Reversed. 1. MUNICIPAL CORPORATIONS — Paving Districts — […]

(417 P.2d 782) Clifford Aspgren, Leo Chavez, James Eitemiller, Louise Kangeiser, Elizabeth Killian, Betty Bryans Luxford, Carol Lee Maxey, Dixie A. Morreale, Marie Nesbit, Shirley Portella, Shirley Rigg, and Lena M. Sutley v. Cy Burress, Jr., William Welsh, Jr., and Richard Batterton, as Commissioners of the Colorado Civil Service Commission in and for the State […]

(382 P.2d 798) WALTER H. TANTTILA v. INEZ I. TANTTILA. No. 20,379.Supreme Court of Colorado. Decided June 10, 1963. Rehearing denied June 25, 1963. From an order granting plaintiff mother permission to remove minor children from the State of Colorado, the defendant brings error. Reversed. 1. DIVORCE — Children — Removal from State — Policy […]

The People of the State of Colorado, Plaintiff-Appellee, v. James Melvin Walters, Defendant-Appellant. No. 86CA1112Colorado Court of Appeals. Decided June 30, 1988. Rehearing Denied July 28, 1988. Certiorari Denied December 5, 1988 (88SC371). Appeal from the District Court of Jefferson County Honorable Ruthanne N. Polidori, Judge Page 617 Duane Woodard, Attorney General, Charles B. Howe, […]

Trueman-Aspen Company, an Ohio limited partnership, Plaintiff-Appellee, v. North Mill Investment Corporation, d/b/a Great Western Spirit Company, Defendant-Appellant. No. 84CA1188Colorado Court of Appeals. Decided June 5, 1986. Rehearing Denied July 3, 1986. Certiorari Denied North Mill October 20, 1986 (86SC271). Appeal from the District Court of Pitkin County Honorable Victor M. Zerbi, Jr., Judge Martin […]

(602 P.2d 889) In the Matter of the Estate of Floyd Parker Hutchins, Deceased, Ruth B. Hutchins McDonald v. Donald L. Hutchins No. 79CA0031Colorado Court of Appeals. Decided August 9, 1979. Rehearing denied September 6, 1979. Former spouse of decedent appealed from a district court judgment that she was not the decedent’s surviving spouse, and […]

The People of the State of Colorado, Plaintiff-Appellee, v. Donald E. Mogul, Defendant-Appellant. No. 88CA1573Colorado Court of Appeals. Decided March 28, 1991. Rehearing Denied May 16, 1991. Appeal from the District Court of the City and County of Denver Honorable Warren O. Martin, Judge. Page 706 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]

182 P.2d 907 GODFRIT v. JUDD ET AL. No. 15,576.Supreme Court of Colorado. Decided June 2, 1947. Rehearing denied July 7, 1947. An action to quiet title to real property. Judgment for plaintiffs. Affirmed. 1. REAL PROPERTY — Record Title — Notice. Instruments affecting title to real estate are presumably recorded in the office of […]

(475 P.2d 712) Olga Larson v. Armond Goodman, Administrator No. 70-280 (Supreme Court No. 23546)Colorado Court of Appeals. Decided August 5, 1970. Rehearing denied August 25, 1970. Certiorari granted October 29, 1970. Petition to reopen estate by mother of deceased alleging that husband of deceased had waived all rights to deceased’s property by virtue of […]

In the Matter of Statement of Sufficiency For 1997-98 # 40 (Medical Use of Marijuana): Victoria Buckley, in her official capacity as the Secretary of State of the State of Colorado, Petitioner v. Martin H. Chilcutt, Respondent. No. 98SA378Supreme Court of Colorado. En Banc. November 23, 1998. Appeal from the District Court, County and City […]

26 P.2d 1119 FIRST BAPTIST CHURCH OF GRANADA v. FIELDEN. No. 13,393.Supreme Court of Colorado. Decided November 6, 1933. Judgment affirmed en banc without written opinion. Error to the District Court of Prowers County, Hon. A. F. Hollenbeck, Judge. MR. ALLYN COLE, for plaintiff in error. Messrs. GORDON ALLOTT, for defendant in error.

(364 P.2d 584) JOHN M. SCHOOLEY, MANAGER OF SAFETY, ETC. v. ARTHUR E. HAMILTON. No. 19,869.Supreme Court of Colorado. Decided September 5, 1961. From a judgment ordering issuance of liquor license the defendant brings error. Reversed. 1. INTOXICATING LIQUORS — Licensing Authority — Discretion — Requirements of Neighborhood. A finding by the licensing authority, based […]

(612 P.2d 83) The People of the State of Colorado v. Randy Layton No. 79SA393Supreme Court of Colorado. Decided June 9, 1980. Defendant was convicted of aggravated robbery and appealed. Affirmed 1. WITNESSES — Statute — Credibility — Proof — Prior Felony Conviction — Constitutional — Due Process — Equal Protection. Section 13-90-101, C.R.S. 1973 […]

(526 P.2d 148) David Arthur Crumrine v. Carol Erickson, Sheriff of Summit County No. 26248Supreme Court of Colorado. Decided September 9, 1974. Appeal from an order of the district court denying prisoner’s petition for a writ of habeas corpus. Affirmed 1. HABEAS CORPUS — Filing — After Issuance — Warrant — Extradition — Issue — […]

The People of the State of Colorado, Plaintiff-Appellee, v. Douglas William Lunsford, Defendant-Appellant. No. 99CA2274.Colorado Court of Appeals. May 10, 2001. Rehearing Denied July 26, 2001. Certiorari Denied April 15, 2002. Adams County District Court No. 96CR1495, Honorable Harlan R. Bockman, Judge. ORDER AFFIRMED Division III Ney and Marquez, JJ., concur Ken Salazar, Attorney General, […]

In Re: Kyrstan Gall, a minor, by and through her natural mother and guardian, Dawn Gall; Dawn Gall; and Gaylen Gall, Plaintiffs, v. Timothy Jamison, M.D., and Jeffrey A. Clemens, M.D., Defendants. No. 00SA81Supreme Court of Colorado. April 8, 2002 Original Proceeding Pursuant to C.A.R. 21, El Paso County District Court, Case No. 97CV3127, Honorable […]