Category: Colorado Court Opinions

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 […]

The People of the State of Colorado, Complainant, v. Leo Wotan, Jr., Attorney-Respondent. No. 96SA333Supreme Court of Colorado. September 15, 1997 Original Proceeding in Discipline ATTORNEY SUSPENDED Linda Donnelly, Disciplinary Counsel, James C. Coyle, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. Leo Wotan, Jr., Pro Se, Loveland, Colorado. EN BANC PER CURIAM [1] In […]

(435 P.2d 761) Eldon Ploge v. W. D. McCaslin, Joseph Smith, and Guy Akins as Commissioners of the County of Boulder, and the County Assessor of Boulder County. No. 22951.Supreme Court of Colorado. Decided January 8, 1968. Actions for damages for refusing to grant plaintiff permission to examine and made reproductions of certain public records […]

Linda V. Applehans, Plaintiff-Appellant, v. Farmers Insurance Exchange, Defendant-Appellee. No. 02CA0490.Colorado Court of Appeals. Division V. March 13, 2003. Jefferson County District Court No. 01CV2743; Honorable Stephen M. Munsinger, Judge ORDERS AFFIRMED IN PART, VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS Page 595 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

(396 P.2d 451) LAWRENCE J. LANDWEHR v. THE REGENTS OF THE UNIVERSITY OF COLORADO, ET AL. No. 21432.Supreme Court of Colorado. Decided November 9, 1964. Action for damages for unjust enrichment wherein plaintiff also challenges the constitutionality of statute under which defendants classified him as an out-of-state student. Judgment for defendants. Affirmed. 1. CONSTITUTIONAL LAW […]

79 P.2d 371 SECURITY STORES, INC. v. COLORADO MILLING AND ELEVATOR COMPANY. No. 14,296.Supreme Court of Colorado. Decided May 2, 1938. Rehearing denied May 31, 1938. Action to recover price of merchandise sold, and involving the question of inclusion in the purchase price of a federal processing tax. A demurrer to the cross complaint of […]

In re the Marriage of Martha Ann Watters, and James Eugene Watters, Appellee, and Concerning, The People of the State of Colorado, Appellant. No. 88CA1442Colorado Court of Appeals. Decided October 26, 1989. Appeal from the District Court of El Paso County Honorable John F. Gallagher, Judge Vahsholtz Anderson, P.C., Robert J. Anderson, for Appellee. Jann […]

(340 P.2d 123) C. C. JONES v. HOWARD FRANKLIN. No. 18,291.Supreme Court of Colorado. Decided May 25, 1959. Action for damages against police officer for injuries resulting from assault and battery. Judgment for plaintiff. Affirmed. 1. DAMAGES — Evidence — Extent of Injuries. As a broad general rule any evidence which tends to establish the […]

(338 P.2d 1030) A. W. BURRESS v. PEOPLE OF THE STATE OF COLORADO. No. 18,879.Supreme Court of Colorado. Decided May 4, 1959. Rehearing denied May 25, 1959. Defendant was convicted of issuing and passing bogus checks and brings error. Affirmed. 1. CRIMINAL LAW — Trial — Remarks of Prosecutor — Retaliation — Prejudice. Remarks made […]

(587 P.2d 1207) State of Colorado, Department of Natural Resources, Division of Wildlife v. Kenneth H. Benjamin, Roger Martwick and Lavern Hannasch, d/b/a Ben’s Sporting Goods, and Charles M. Parsons and Pikes Peak National Bank, a National Banking Association No. 77-646Colorado Court of Appeals. Decided November 30, 1978. Not having received certain proceeds from the […]

Clifford E. Cline, Plaintiff-Appellant, v. Robert Rabson, The Police Department of the City of Loveland, a governmental entity, and The City of Loveland, a municipal corporation, Defendants-Appellees. No. 91CA0844Colorado Court of Appeals. Decided August 27, 1992. Opinion Modified, and as Modified Rehearing Denied December 17, 1992. Certiorari Granted July 26, 1993 (93SC27). Petition for Writ […]

The PEOPLE of the State of Colorado, Plaintiff-Appellant v. Ricardo TERRAZAS-URQUIDI, Defendant-Appellee. No. 07SA177.Supreme Court of Colorado. December 17, 2007. Appeal from the District Court, Arapahoe County, Gerald J. Rafferty, J. Page 454 Carol Chambers, District Attorney, Eighteenth Judicial District Andrew Cooper, Deputy District Attorney, Centennial, Colorado, Attorneys for Plaintiff-Appellant. Douglas K. Wilson, Colorado State […]

(522 P.2d 726) Christian S. Aasgaard v. Spar Consolidated Mining and Development Company, a Colorado Limited Partnership No. C-447Supreme Court of Colorado. Decided May 28, 1974. Rehearing denied June 17, 1974. In unlawful detainer action, district court entered judgment in favor of plaintiff and Court of Appeals affirmed in 33 Colo. App. 35, 516 P.2d […]

(612 P.2d 516) The People of the State of Colorado v. George E. Chatfield No. 79SA274Supreme Court of Colorado. Decided May 19, 1980. Rehearing denied July 14, 1980. Defendant was convicted of first-degree kidnapping, conspiracy to commit aggravated robbery, attempted aggravated robbery and felony menacing arising from an attempted bank robbery and flight, and appealed. […]

(438 P.2d 698) Lillie M. Evans v. City and County of Denver (a municipal corporation); State Compensation Insurance Fund; and Industrial Commission of Colorado. No. 22842.Supreme Court of Colorado. Decided March 25, 1968. From a judgment affirming an award of the Industrial Commission which denied compensation to widow of deceased who died as result of […]

Pamela Pastor, Plaintiff-Appellee, v. San Juan School District No. 1, Defendant-Appellant. No. 83CA1296Colorado Court of Appeals. Decided March 14, 1985. Appeal from the District Court of San Juan County Honorable James Childress, Judge Hobbs/Bethke Associates, Vonda G. Hall, William P. Bethke, for Plaintiff-Appellee. Law Offices of Reese Miller, P.C., Kenneth A. DeLay, Reese Miller, for […]

(570 P.2d 24) Vera Greene v. Public Employees’ Retirement Association; Mark E. Schwartz, Adrian Williamson, John E. Moreland, Thomas D. Lindquist, Barclay Watson, Margaret Whilden, Ada Houck, Carl Wilkerson, Arthur Croissant, Bernal Brooks, Wilborn S. Whitehead, Mary E. Buchanan, Sam Brown and John Proctor, individually and as Members of the Public Employees’ Retirement Association and […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Larry G. FLIPPO, Defendant-Appellant. No. 02CA1831.Colorado Court of Appeals. August 25, 2005. Rehearing Denied October 13, 2005. Certiorari Granted May 30, 2006.[*] [*] Justice EID does not participate. Appeal from the District Court, Weld County, Jonathan W. Hays, J. Page 437 [EDITORS’ NOTE: THIS PAGE CONTAINS […]

Western Slavonic Association, Petitioner-Appellant, v. Property Tax Administrator and the Colorado State Board of Assessment Appeals, Respondents-Appellees. No. 91CA0482Colorado Court of Appeals. Decided July 30, 1992. Appeal from the Colorado State Board of Assessment Appeals. Kogovsek Higinbotham, P.C., Larry K. Higinbotham, Jr., for Petitioner-Appellant. Gale A. Norton, Attorney General, Raymond T. Slaughter, Chief Deputy Attorney […]

(619 P.2d 507) Rhode, Titchenal, Baumann Scripter v. John B. Shattuck No. 80CA0085Colorado Court of Appeals. Decided July 3, 1980. Rehearing denied August 7, 1980. Certiorari denied November 3, 1980. Defendant appealed a judgment in the amount of $64,622 entered against him on complaint for account stated by plaintiff who had performed various accounting services […]

(533 P.2d 523) Leah Rosenthal v. A. I. Sandusky, Freda Greinitz, Jake Sandusky, Ethel Edelman, Minnie Sandusky, Florence King, formerly known as Florence Sandusky, John Welsh, and all unknown persons who claim an interest in the subject matter of this action, and Mendel Sandusky No. 74-036Colorado Court of Appeals. Decided January 7, 1975. Rehearing denied […]

(391 P.2d 372) THE BOARD OF COUNTY COMMISSIONERS OF JEFFERSON COUNTY v. EVERGREEN LANES, INC. No. 20,945.Supreme Court of Colorado. Decided April 6, 1964. Rehearing denied April 27, 1964. From a judgment directing issuance of a liquor license, the Board of County Commissioners brings error. Reversed. 1. INTOXICATING LIQUOR — Licensing Authority — Denial of […]

Jack Jameson and Berta Jameson v. Delbert Foster and Betty Foster No. 81CA0376Colorado Court of Appeals. Decided March 4, 1982. Rehearing denied March 25, 1982. Certiorari denied June 1, 1982. Appeal from the District Court of Mesa County, Honorable James J. Carter, Judge. Page 956 Harshman Deister, Thomas M. Deister, Douglas E. Larson, for plaintiffs-appellants […]

Jennifer Asplin and Donald J. Leidy, Plaintiffs-Appellees, v. Daniel T. Mueller, Defendant-Appellant. No. 82CA0668Colorado Court of Appeals. Decided August 9, 1984. Appeal from the District Court of the City and County of Denver Honorable Harold D. Reed, Judge Page 1330 Berkowitz, Berkowitz and Brady, Larry W. Berkowitz, S. Morris Lubow, for plaintiffs-appellees. Downey Law Firm, […]

202 P.2d 959 FARMERS AUTOMOBILE INTER-INSURANCE EXCHANGE v. KONUGRES. No. 16,067.Supreme Court of Colorado. Decided January 31, 1949. An action on a liability insurance policy. Judgment for plaintiff. Affirmed. 1. INSURANCE — Liability — Policy Provisions. The requirement in a policy of liability insurance for cooperation on the part of the assured under which the […]

Colorado Farm Bureau Mutual Insurance Company, Plaintiff-Appellee, v. Elizabeth Snowbarger and Martin Snowbarger, Defendants-Appellants. No. 95CA1506Colorado Court of Appeals. February 20, 1997 Appeal from the District Court of Garfield County Honorable J.E. Devilbiss, Judge No. 93CV112 JUDGMENT AFFIRMED Page 910 Watson, Nathan Bremer, P.C., Mark H. Dumm, Bernard Woessner, Denver, Colorado, for Plaintiff-Appellee David Littman, […]

70 P.2d 353 SCHOOLFIELD v. SCHOOL DISTRICT No. 1, COUNTY OF CUSTER. No. 14,092.Supreme Court of Colorado. Decided June 21, 1937. Rehearing denied July 12, 1937. Suit on school district warrants. Judgment of nonsuit. Affirmed. 1. LIMITATION OF ACTIONS — Pleading — Waiver. Since the right given by the statute of limitations is special and […]

James Bolen and Phyllis Bolen, Plaintiffs-Appellees, v. The Kathleen V. Ferry Trust, Robert M. Kendall, and Texas Commerce Bank National Association, Defendants-Appellants. No. 96CA0369Colorado Court of Appeals. April 17, 1997 Petition for Rehearing DENIED May 29, 1997 Petition for Writ of Certiorari DENIED January 12, 1998 Page 83 Appeal from the District Court of Eagle […]

(335 P.2d 546) FRANK L. LEWIS v. THE STATE BOARD OF AGRICULTURE. No. 18,851.Supreme Court of Colorado. Decided February 16, 1959. Taxpayer’s action to enjoin the issuance of revenue bonds by state university. From a judgment of dismissal the plaintiff brings error. Affirmed. 1. COLLEGES AND UNIVERSITIES — Revenue Bonds — Authority to Issue — […]

Colorado-Ute Electric Association, Inc. v. The Air Pollution Control Commission of the Colorado Department of Health, Dr. James Lodge, Dr. John Cobb, Mitchell Simmons, Gerald Jensen, Dr. Val Veirs, Laboyta Garnand, Charles McAfee, Dr. David Kelble, Vinton Pierce, Commissioners, and their successors in office from time to time, the Air Pollution Control Division of the […]

(554 P.2d 714) City and County of Denver, a municipal corporation; The City Council of the City and County of Denver; Larry J. Perry, James J. Nolan, J. Ivanhoe Rosenberg, Paul A. Hentzell, Kenneth M. MacIntosh, L. Don Wyman, Edward F. Burke, Jr., Elvin R. Caldwell, Eugene L. DiManna, Robert Koch, and William R. Rogers, […]

(609 P.2d 121) B.G. and J.G., Children, Upon the Petition of A.G. v. S.G. No. 79SC243Supreme Court of Colorado. Decided April 7, 1980. Opinion modified and as modified rehearing denied April 28, 1980. Wife filed petition for child support against husband. The juvenile court found for the wife and entered an order for support. The […]

The People of the State of Colorado, Petitioner-Appellant, In the Interest of C.O., a Juvenile, Appellee. No. 93CA0481Colorado Court of Appeals. Decided February 24, 1994 Appeal from the Juvenile Court of Boulder County Honorable Murray Richtel, Judge, No. 92JV1223-6 Page 1267 JUDGMENT REVERSED AND CAUSE REMANDED WITH DIRECTIONS Alexander M. Hunter, District Attorney, William F. […]

(470 P.2d 854) John L. Rauch, Gene E. Fischer and Charles T. Collopy v. Charles L. Rhoades, doing business as Rhoades Agency and National Real Estate Management Co., a Colorado corporation. No. 22683.Supreme Court of Colorado. Decided June 22, 1970. Action by brokers to recover a real estate commission claimed to be due and owing […]

(596 P.2d 408) United Bank of Denver National Association v. Quadrangle, Ltd., a limited partnership, J. W. Skinner, Lawrence Sanders, Robert Sanders, Paul Sanders, and Michael J. Bellamy, all individually and as general partners of and on behalf of Quadrangle, Ltd., a limited partnership; Sharon Sanders, Roberta Sanders, Mary L. Bellamy and Susan Skinner, all […]

115 P.2d 647 PARRISH v. SMITH. No. 14,717Supreme Court of Colorado. Decided June 16, 1941. Rehearing denied July 28, 1941. An action for damages for personal injuries resulting from a motor vehicle accident. Judgment for plaintiff. Affirmed. 1. TRIAL — Nonsuit — Directed Verdict. On consideration of the record in an action for damages for […]

(335 P.2d 272) WESTERN MOTOR REBUILDERS, INC. v. SYLVIA I. CARLSON. No. 18,097.Supreme Court of Colorado. Decided January 26, 1959. Rehearing denied February 24, 1959. Action by grantor against grantee for an injunction, damages and reversion of the fee for alleged breach of covenants contained on plat of land sold. Judgment for plaintiff. Reversed and […]

In the Matter of: Ken Curnow, Petitioner-Appellant, v. Ron Yarbrough, Administrator, Windsor Health Care Center, Defendant-Appellee, Theron G. Sills, M.D., and Yale L. Klugman, M.D., Defendants, State of Colorado, Department of Institutions, Intervenor-Appellee. No. 82SA203Supreme Court of Colorado. Decided February 21, 1984. Page 1178 Appeal from the District Court of Weld County Honorable Jonathan W. […]

In Re the Custody of Keith Johnson, Kevin Johnson and Connie Johnson, Upon the Petition of Doyle Johnson and concerning Bonnie Jean Johnson No. 81CA0099Colorado Court of Appeals. Decided September 17, 1981. Appeal from the District Court of Larimer County, Honorable William F. Dressel, Judge. Page 1035 Fischer Wilmarth, Stephen E. Howard, for petitioner-appellant. James […]

(490 P.2d 934) Arlene Vigil, Individually and Arlene Vigil, As Administratrix of the Estate of Fred R. Vigil, Deceased v. Ernest H. Pine, Jr., John F. Telea, Inc., A Colorado Corporation, and John F. Telea, Jr. No. C-62.Supreme Court of Colorado. Decided November 22, 1971. Wrongful death action. Certiorari granted to review judgment of Court […]

(616 P.2d 154) First National Bank in Lamar v. Tom Collins a/k/a Thomas H. Collins formerly d/b/a Western Auto Associates and/or Western Auto Associate Store and/or Southeast Yamaha, now d/b/a Prowers Hardware and Sporting Goods v. Western Auto Supply Company v. Yamaha International Corporation; Malleable Iron Range Company, the Mohawk Rubber Company; Berns Wholesale Sporting […]

(313 P.2d 712) CITY OF BOULDER v. MAREN N. BURNS, ET AL. No. 18,060.Supreme Court of Colorado. Decided July 22, 1957. Action against city for damages for injuries resulting from fall into water meter pit. From a verdict and judgment for plaintiff the defendant brings error. Affirmed. 1. NEGLIGENCE — Municipal Corporations — Meter Box […]

The People of the State of Colorado, Plaintiff-Appellee, v. Jerry R. Kurts, Defendant-Appellant. No. 83CA1328Colorado Court of Appeals. Decided February 20, 1986. Opinion Modified and As Modified. Rehearing Denied April 10, 1986. Certiorari Denied July 7, 1986 (86SC161). Appeal from the District Court of the City and County of Denver Honorable Warren O. Martin, Judge […]

(362 P.2d 186) CITY OF ENGLEWOOD v. GEORGE A. LIKENHEIL, ET AL. No. 19,522.Supreme Court of Colorado. Decided May 22, 1961. Action against city for damages resulting from flooding of land. Judgment for plaintiffs. Reversed. 1. WATERS AND WATER COURSES — Constitutional Law — Drainage — Subservient Land — Damage. The channeling of water from […]

(384 P.2d 90) THE CITY OF AURORA v. JO ANN L. WEEKS. No. 20,039.Supreme Court of Colorado. Decided June 24, 1963. Rehearing denied August 19, 1963. From a judgment for plaintiff for injuries incurred in swimming pool, the defendant brings error. Reversed. 1. AMUSEMENTS — Swimming Pool — Negligence — Evidence — Sufficiency. Where plaintiff […]

(555 P.2d 990) Westland Distributing, Inc. v. Rio Grande Motorway, Inc. No. 76-017Colorado Court of Appeals. Decided October 14, 1976. Plaintiff, a shipper, brought action against a trucking company to recover damages sustained as a result of defendant having delivered goods to customer of plaintiff, after plaintiff notified defendant not to do so. Rejecting certain […]

(408 P.2d 445) Commercial Carriers, Inc., et al. v. Driscoll Truck Lines, Inc. No. 20983Supreme Court of Colorado. Decided December 13, 1965. Action in negligence involving a two-truck collision. Judgment for plaintiff. Affirmed. 1. TRIAL — Negligence — Contributory Negligence — Proximate Cause — Undisputed Facts — One Inference — Matters of Law. It is […]

Jerry Hoff, Plaintiff-Appellee and Cross-Appellant, v. Amalgamated Transit Union, Division 662, Defendant-Appellant and Cross-Appellee. No. 85CA0147Colorado Court of Appeals. Decided July 30, 1987. Rehearing Denied September 3, 1987. Certiorari Denied January 11, 1988 (87SC360). Appeal from the District Court of Pueblo County Honorable Jack F. Seavy, Judge Page 675 James M. Croshal, for Plaintiff-Appellee and […]

The People of the State of Colorado, Petitioner-Appellant, In the Interest of N.P., a minor child, Respondent-Appellee, And Concerning H.P., Respondent. No. 87SA257Supreme Court of Colorado. Decided February 13, 1989. Appeal from District Court, Adams County Honorable Richard M. Borchers, Judge James F. Smith, District Attorney, Michael J. Milne, Deputy District Attorney, for Petitioner-Appellant. David […]

(358 P.2d 887) ADALINE R. MULHOLLEN v. MERLE L. MULHOLLEN. No. 19,431.Supreme Court of Colorado. Decided February 20, 1961. Action for divorce. From a decree for plaintiff the defendant brings error. Affirmed. 1. DIVORCE — Residence — Jurisdiction — Evidence. Evidence that plaintiff had registered to vote in Colorado; registered his automobile and obtained his […]

CITY OF MANASSA and Pinnacol Assurance, Petitioners/Cross-Respondents v. Dale RUFF, Respondent/Cross-Petitioner and Industrial Claim Appeals Office of the State of Colorado, Respondent. No. 09SC612.Supreme Court of Colorado. June 21, 2010. Page 1052 Francis A. Koncilja, Koncilja Associates, P.C., Denver, Colorado, Steven U. Mullens, Steven U. Mullens, P.C., Colorado Springs, Colorado, Attorneys for Respondent/Cross-Petitioner. William J. […]

(400 P.2d 447) H. B. BOLAS ENTERPRISES, INC., v. WILLIAM G. ZARLENGO, JR., ET AL. No. 21225.Supreme Court of Colorado. Decided March 29, 1965. Action by purchasers to recover damages for breach of warranty and negligence in the sale of residential property. Judgment for purchasers. Reversed. 1. FRAUD — Actionable Deception — Circumstances and Conduct […]

205 P.2d 652 KOCH v. MONAGHAN ET AL. No. 16,079.Supreme Court of Colorado. Decided April 18, 1949. An action for damages alleged to have been occasioned by the plowing under of plaintiff’s crop on leased premises. Directed verdict and judgment for defendants. Affirmed. 1. LANDLORD AND TENANT — Crops — Right to Harvest. “Where the […]

(478 P.2d 668) C. J. Herbertson, Doing Business as Acoma Bail Bond Co. v. Department of Insurance of the State of Colorado and the Commissioner of Insurance, J. Richard Barnes. No. 22602.Supreme Court of Colorado. Decided December 21, 1970. From affirmance by district court of commissioner’s order suspending bail bondsman’s license, error was brought. Affirmed. […]

John P. Sutphin and Nancy Sue Sutphin v. Riley Mourning, Roxie Mourning, and all unknown persons who claim any interest in the subject matter of this action, and The Board of County Commissioners of the County of Prowers, State of Colorado No. 81CA0333Colorado Court of Appeals. Decided October 8, 1981. Rehearing denied October 29, 1981. […]

(393 P.2d 736) BILLY E. McCLENNY v. THE PEOPLE OF THE STATE OF COLORADO. No. 20324.Supreme Court of Colorado. Decided June 22, 1964. Rehearing denied August 3, 1964. Defendant was convicted of burglary, grand larceny and conspiracy to commit each of said crimes and brings error. Affirmed. 1. CRIMINAL LAW — Burglary — Larceny — […]

5 P.2d 577 PARK LANE PROPERTIES, INC. ET AL. v. FISHER ET AL. No. 12,589.Supreme Court of Colorado. Decided November 9, 1931. Rehearing denied November 30, 1931. Action to establish and foreclose mechanics’ lien. Judgment for plaintiffs. Affirmed. 1. MECHANICS’ LIENS — Arbitration. An arbitration clause in an architect’s contract in itself cannot be held […]

(575 P.2d 1285) William W. Lomax v. Dan Cronin, Manager of Safety and Excise and Ex-Officio Sheriff of the City and County of Denver, and Wayne K. Patterson, Warden of the City and County of Denver, and State of Colorado No. 27628Supreme Court of Colorado. Decided February 6, 1978. Rehearing denied April 3, 1978. Fugitive […]

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Anthony P. GARCIA, Defendant-Appellee. No. 07CA1718.Colorado Court of Appeals. December 27, 2007. Appeal from the District Court, Pueblo County, Victor I. Reyes, J. William Thiebaut, Jr., District Attorney, Steven B. Fieldman, Deputy District Attorney, Pueblo, Colorado, for Plaintiff-Appellant. No Appearance for Defendant-Appellee. Opinion by Judge ROMAN. […]

John E. ARCHIBOLD; Harry A. Galligan, Jr.; Edythe S. Miller; John B. Stuelpnagel, and all Colorado taxpayers and/or U.S. West Telecommunications, Inc. telephone ratepayers who are similarly situated, Plaintiffs/Petitioners-Appellants, v. PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO and Commissioners Robert J. Hix, R. Brent Alderfer, and Vincent Majkowski; and U.S. West Communications, Inc., Defendants/Respondents-Appellees. […]

Denver Post Corporation, a Colorado corporation, d/b/a The Denver Post, and Don S. Knox, Plaintiffs-Appellees, v. Stapleton Development Corporation, a Colorado non-profit corporation; and Richard L. Anderson, in his capacity as president and chief executive officer of the Stapleton Development Corporation, Defendants-Appellants. No. 99CA1260Colorado Court of Appeals. November 24, 2000 Appeal from the District Court […]

(411 P.2d 247) William Shearer, Plaintiff, v. Wayne K. Patterson, Warden, et al., Defendant. No. 21930Supreme Court of Colorado. Decided February 21, 1966. From a denial of his petition for writ of habeas corpus, petitioner brings error. Affirmed 1. HABEAS CORPUS. — Coerced Confession — Assistance of Counsel — Justiciability. Where petitioner raised only two […]

Patrick A. REEVES, Plaintiff-Appellant, v. CITY OF FORT COLLINS and Council of the City of Fort Collins, Defendants-Appellees. No. 06CA1623.Colorado Court of Appeals. October 4, 2007. Appeal from the District Court, Larimer County, James H. Hiatt, J. Page 851 Adam T. Reeves, Durango, Colorado, for Plaintiff-Appellant. Stephen J. Roy, City Attorney, Fort Collins, Colorado, for […]

Landmark Land Company, Inc., Plaintiff-Appellant in 84SA400, and Harsh Investment Corp. and Southmoor Park Shopping, Inc., Plaintiffs in 84SA400, v. The City and County of Denver; The City Council of the City and County of Denver, Defendants-Appellees in 84SA400, and Southmoor Park East Homeowners Association, Inc., and Thomas P. McCallin, Intervenors/Defendants-Appellees in 84SA400, and Harsh […]

Curtis Neal Scruggs v. Merlin Otteman, Stanley W. Henson, Jr., and James K. Wise No. 79CA0450Colorado Court of Appeals. Decided November 12, 1981. Rehearing denied December 10, 1981. Appeal from the District Court of Larimer County, Honorable John A. Price, Judge. Page 260 Bragg Dubofsky, P.C., Frank N. Dubofsky, for plaintiff-appellant. Zarlengo, Mott and Zarlengo, […]

131 P.2d 823 NELSON v. SCHUMAN. No. 14,995.Supreme Court of Colorado. Decided November 24, 1942. Action for money had and received. Judgment for plaintiff for a part of his demand. Affirmed. 1. APPEAL AND ERROR — Fact Issues — Judgment. Where the evidence is in conflict it is the duty of the trial court to […]

(393 P.2d 4) LEE SQUIRE v. THE DISTRICT COURT OF ARAPAHOE COUNTY, ET AL. No. 21265.Supreme Court of Colorado. Decided June 15, 1964. Proceedings in nature of mandamus to require trial court to proceed with second action. Rule to show cause issued. Rule Mode Absolute. 1. ABATEMENT AND REVIVAL — Actions — Husband and Wife […]

The Board of County Commissioners of the County of Weld, Colorado, Poudre Valley Rural Electric Association, Inc., a Colorado Corporation and National Farmers Union Property and Casualty Company No. 81SA261Supreme Court of Colorado. Decided January 25, 1982. Original Proceeding Thomas O. David, for Weld County. Cross, Christensen, Price Starr, Randolph W. Starr, for Poudre Valley […]

(332 P.2d 992) KENNETH F. LEE v. PEOPLE OF THE STATE OF COLORADO. No. 18,481.Supreme Court of Colorado. Decided December 15, 1958. Defendant was convicted of larceny of an automobile and brings error. Reversed. 1. CRIMINAL LAW — Larceny — Automobile — Consent — Statute. In a prosecution for larceny of an automobile where the […]

126 P.2d 1028 HOFFMAN ET AL. v. BARLOW. No. 14,984.Supreme Court of Colorado. Decided June 8, 1942. Judgment affirmed in department without written opinion, Mr. Chief Justice Young, Mr. Justice Knous, Mr. Justice Burke and Mr. Justice Jackson participating. Error to the District Court of the City and County of Denver, Hon. George F. Dunklee, […]

The People of the State of Colorado, Plaintiff-Appellee, v. Paul K. Janes, Defendant-Appellant. No. 95CA0430Colorado Court of Appeals. February 6, 1997 Petitions for Rehearing DENIED March 27, 1997 Certiorari Denied September 8, 1997. Appeal from the District Court of Logan County Honorable Steven E. Shinn, Judge No. 93CR8 JUDGMENT AFFIRMED Page 1332 [EDITORS’ NOTE: THIS […]

(574 P.2d 95) Mr. Steak, Inc., a Colorado corporation v. The District Court in and for the Second Judicial District of the State of Colorado, Honorable James C. Flanigan, one of the Judges thereof, and Warren Wilson No. 27675Supreme Court of Colorado. Decided February 6, 1978. Original proceeding in which petitioner, a Colorado corporation, seeks […]

Cosme Rodriquez, Natural father and next friend of Monica Rodriquez, and Margarita R. Rodriquez, as next best friend of Plaintiff, Monica Rodriquez, a minor, Plaintiffs-Appellants, v. City and County of Denver, Defendant-Appellee. No. 83CA1262Colorado Court of Appeals. Decided December 20, 1984. Rehearing Denied February 21, 1985. Certiorari Denied August 19, 1985. Appeal from the District […]

Jewell O. Rowland v. Florence L. Ditlow No. 81CA0379Colorado Court of Appeals. Decided April 29, 1982. Opinion modified and as modified, petition for rehearing denied May 27, 1982. Certiorari denied October 18, 1982. Appeal from the District Court of El Paso County, Honorable Hunter D. Hardeman, Judge. Page 62 Addy, Otto, Stauffer Davidson, John G. […]

(493 P.2d 1089) Francis J. LaBlanc v. The People of the State of Colorado No. 24293Supreme Court of Colorado. Decided February 14, 1972. Defendant was convicted of rape and burglary, in two separate cases, involving separate victims. From denial of motions under Rule 35(b), the defendant brought error. Affirmed 1. COURTS — United States Supreme […]

R.P.T. of Aspen, Inc. d/b/a Radio Paging of Aspen, Inc. and B.T. of Aspen, Inc. d/b/a Radio Paging Rental, Inc., Plaintiffs-Appellees, v. Innovative Communications, Inc. d/b/a Fones West, Defendant-Appellant. No. 94CA1582Colorado Court of Appeals. Decided April 4, 1996 Appeal from the District Court of Pitkin County. Honorable J. E. DeVilbiss, Judge, No. 93CV164. JUDGMENT REVERSED […]

CRAWFORD REHABILITATION SERVICES, INC., a Georgia corporation; and CRAWFORD COMPANY, a Georgia corporation, Petitioners, v. SUSAN WEISSMAN, Respondent. No. 95SC451Supreme Court of Colorado. June 9, 1997 Certiorari to the Colorado Court of Appeals JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Page 541 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

(366 P.2d 375) RICHARD N. GRAHAM, TRUSTEE v. ALCOVES, INC. No. 19,730.Supreme Court of Colorado. Decided November 20, 1961. Action to quiet title to real property as against claim of purchaser at foreclosure sale for expenditures made in preservation of property. Judgment for defendant. Affirmed. 1. MORTGAGES — Public Trustee — Foreclosure Sale — Premature […]

(412 P.2d 428) Kenneth H. Hoen and Industrial Commission v. The District Court of Arapahoe County, in the Eighteenth Judicial District, Et Al. No. 22032Supreme Court of Colorado. Decided March 28, 1966. Original Proceeding concerning the “Long-arm” or “single act” statute with reference to validity of out-of-state service of process. Rule to show cause issued. […]

(533 P.2d 41) Eugene Shook v. The District Court in and for the Fourteenth Judicial District and State of Colorado, and Don Lorenz, one of the Judges thereof No. 26744Supreme Court of Colorado. Decided March 17, 1975 Original proceeding in which petitioner seeks relief from a sentence imposed by respondent district court for his conviction […]

(541 P.2d 325) James Investment Co., a Colorado corporation; Peth Investment Co., a Colorado corporation; and Leona Corporation, a Colorado corporation v. Diamond Shamrock Corporation; Diamond Shamrock Chemical Company, a unit thereof; and Nopco Chemical Division, a division thereof No. 75-086Colorado Court of Appeals. Decided July 22, 1975. Opinion modified and as modified petition for […]

(577 P.2d 3) Randall James Simakis, a/k/a Darrell G. St. Claire, a/k/a Thomas Randall Macleay, a/k/a Randy Simakis, a/k/a David Desjardine v. The District Court of the Fifth Judicial District for Eagle County, and The Honorable William L. Jones, one of the judges thereof No. 27889Supreme Court of Colorado. Decided January 9, 1978. Original proceeding […]

The People of the State of Colorado, Plaintiff-Appellee, v. Jon E. Galvin, Jr., Defendant-Appellant. No. 96CA1973Colorado Court of Appeals. November 28, 1997 Petition for Rehearing DENIED January 2, 1998 Petition for Writ of Certiorari DENIED July 27, 1998 Page 1138 Appeal from the District Court of Logan County, Honorable Joseph J. Weatherby, Judge, No. 92CR55 […]

72 P.2d 471 IN THE MATTER OF THE APPLICATION OF HILL FOR A WRIT OF HABEAS CORPUS. HILL v. BEST. No. 14,137.Supreme Court of Colorado. Decided October 4, 1937. Proceeding in habeas corpus to obtain the release of a prisoner from the state penitentiary. Demurrer to petition sustained. 1. CRIMINAL LAW — Sentence — Habeas […]

(380 P.2d 670) HARRY P. DAIGLE v. DOROTHY ELLEN PRATHER. No. 20,112.Supreme Court of Colorado. Decided April 15, 1963. Action for damages resulting from automobile collision. Judgment for defendant. Affirmed. 1. AUTOMOBILES — Instructions — Collision — Brake Failure — Unavoidable Accident. It was not error to instruct jury as to unavoidable accident where defendant’s […]

Gifford Roy Lininger, Plaintiff-Appellee, v. The City of Sheridan, by and on behalf of the People of the State of Colorado, Defendant-Appellant. No. 81CA0958Colorado Court of Appeals. Decided June 17, 1982. Appeal from the District Court of Arapahoe County, Honorable Joyce Steinhardt, Judge. Sartore, Hoyt Graveley, Wesley W. Hoyt, for plaintiff-appellee. Page 1098 Hemminger Whittaker, […]

(266 P.2d 400) CONTINENTAL AIR LINES, INC. v. CITY AND COUNTY OF DENVER. No. 17,201.Supreme Court of Colorado. Decided January 18, 1954. Rehearing denied February 8, 1954. On motion to strike the reporter’s transcript from the record on error. Motion Granted. 1. APPEAL AND ERROR — Record on Error. “It is elementary * * * […]

(228 P.2d 811) AERO ENTERPRISES, INC. v. WALKER. No. 16,290.Supreme Court of Colorado. Decided December 11, 1950. Rehearing denied March 12, 1951. An action for money alleged to be due under a contract. Judgment for plaintiff. Affirmed. 1. SALES — Consummation. In proceedings involving the sale of an airplane, upon the purchase price of which […]

(230 P.2d 591) McNICHOLS, AUDITOR OF THE CITY AND COUNTY OF DENVER v. CITY AND COUNTY OF DENVER ET AL. No. 16,544.Supreme Court of Colorado. Decided December 11, 1950. Rehearing denied April 30, 1951. An action involving a bond issue by the City and County of Denver, the proceeds to be used for off-street parking […]

146 P.2d 896 TRUJILLO v. THE PEOPLE. No. 15,375.Supreme Court of Colorado. Decided January 31, 1944. Rehearing denied March 13, 1944. Plaintiff in error was convicted of robbery. Affirmed. On Application for Supersedeas. 1. CRIMINAL LAW — Trial — Examination of Jurors. Where the questions propounded to jurors on voir dire are confusingly indefinite, the […]

(576 P.2d 163) William Murphy v. The District Court in and for the Twenty-First Judicial District and William M. Ela, one of the judges thereof No. 27919Supreme Court of Colorado. Decided March 20, 1978. Petitioner brought original proceeding in nature of prohibition contending that his right to a speedy trial had been denied. Rule to […]