Category: Colorado Court Opinions

(498 P.2d 1123) The People of the State of Colorado v. Leroy Mayes No. 24793Supreme Court of Colorado. Decided June 12, 1972. Rehearing denied July 3, 1972. Appeal by district attorney seeking to reverse a district court order which granted a motion to dismiss for lack of a speedy trial. Affirmed 1. CRIMINAL PROCEDURE — […]

The People of the State of Colorado, Plaintiff-Appellee v. Nathan Dunlap, Defendant-Appellant. No. 00SA191Supreme Court of Colorado. September 10, 2001 Appeal from the District Court Arapahoe County, Case No. 93CR2071 Honorable John Leopold, Judge JUDGMENT AFFIRMED Page 779 No. 00SA191, People v. Dunlap Reduction of Sentence — Death Penalty — Trial Court Discretion — Crim. […]

(407 P.2d 677) Frank Y. Mora v. Harry C. Tinsley, Warden, Colorado State Penitentiary. No. 21326Supreme Court of Colorado. Decided November 15, 1965. From a judgment of the trial court denying a petition for a writ of habeas corpus the petitioner brings error. Writ of error Dismissed. 1. HABEAS CORPUS — Petition — Sufficiency of […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Daniel E. TREVIZO, Defendant-Appellant. No. 06CA0029.Colorado Court of Appeals. December 13, 2007. Rehearing Denied February 15, 2008. Appeal from the District Court, El Paso County, Robert Charles Lowrey, Jr., J. Page 376 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

Francis L. Harvey and Virginia Dee Harvey, Plaintiffs-Appellants and Cross-Appellees, v. Grady Dyer, Defendant-Appellee and Cross-Appellant. No. 85CA0264Colorado Court of Appeals. Decided November 13, 1986. Appeal from the District Court of Weld County Honorable John J. Althoff, Judge Page 778 Robert C. Burroughs, for Plaintiffs-Appellants and Cross-Appellees. Kim R. Lawrence, for Defendant-Appellee and Cross-Appellant. Division […]

(497 P.2d 1024) In Re: Interrogatories by the General Assembly as propounded by House Resolution No. 1020, Second Regular Session, Forty-Eighth General Assembly No. 25551Supreme Court of Colorado. Decided May 26, 1972. Original proceeding under Article VI, Section 3 of the Colorado Constitution wherein Supreme Court consented to answer three interrogatories submitted by the House […]

(560 P.2d 843) S. Donald Rowe, d/b/a Rowe Realty v. Benjamin Tucker, Public Trustee of Clear Creek County, Colorado, Two Brothers Mining Corporation, Inc., assignee for Weldon W. Bastian, J. Golden Bastian, and Howard Sadlier No. 75-891Colorado Court of Appeals. Decided January 20, 1977. Opinion modified and as modified petition for rehearing denied February 17, […]

Barbara Sims, Petitioner, v. The Industrial Claim Appeals Office of the State of Colorado, and Safeway Stores, Inc., Respondents. No. 88CA1821Colorado Court of Appeals. Decided April 12, 1990. Rehearing Denied May 31, 1990. Certiorari Denied September 24, 1990 (90SC345). Review of Order from the Industrial Claim Appeals Office of the State of Colorado Page 778 […]

McLane Western Inc., Petitioner, v. The Industrial Claim Appeals Office of the State of Colorado, and Nora Sheldon, Respondents. No. 99CA0473.Colorado Court of Appeals. December 9, 1999. Review of Order from the Industrial Claim Appeals Office of the State of Colorado, WC No. 4-339-748. ORDER AFFIRMED. Page 264 Treece, Alfrey, Musat Bosworth, P.C., James B. […]

Patsy Edlund, Petitioner, v. The Industrial Commission of the State of Colorado, Colorado State University, and State Compensation Insurance Fund, Respondents. No. 85CA0582Colorado Court of Appeals. Decided May 15, 1986. Rehearing Denied June 26, 1986. Certiorari Granted Commission September 29, 1986 (86SC221). Certiorari granted on following issue: Where disability benefits are payable to an employee […]

(364 P.2d 382) JERROLD E. STEVENS v. GEORGE A. STRAUSS, ET AL. No. 19,585.Supreme Court of Colorado. Decided August 28, 1961. Action against motorist for wrongful death of passenger. Judgment for plaintiffs. Affirmed. 1. AUTOMOBILES — Contributory Negligence — Pleading — Proof — Burden. No obligation rests upon a plaintiff to negative contributory negligence; such […]

USI PROPERTIES EAST, INC., a Delaware corporation; and DIAMOND BAR T LIMITED LIABILITY COMPANY, a Colorado limited liability company, d/b/a DIAMOND BAR T JOINT VENTURE, Plaintiffs-Appellants, v. HAL D. SIMPSON, State Water Engineer; ORLYN J. BELL, Water Engineer, Water Division Five; THE CITY AND COUNTY OF DENVER, COLORADO; and CYPRUS CLIMAX MINERALS, Defendants-Appellees. No. 96SA100Supreme […]

Roy Alan Morgan v. The People of the State of Colorado No. 79SC367Supreme Court of Colorado. Decided March 9, 1981. Page 1332 Certiorari to the Colorado Court of Appeals J. Gregory Walta, State Public Defender, Steven H. Denman, Deputy, Cynthia C. Cederberg, Deputy, for petitioner. J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy, Mary […]

The People of the State of Colorado, Plaintiff-Appellee, v. William Dean Cornett, Defendant-Appellant. No. 82CA1242Colorado Court of Appeals. Decided February 16, 1984. Rehearing Denied March 22, 1984. Petition for Writ of Certiorari Denied August 7, 1984. Appeal from the District Court of Weld County Honorable Jonathan W. Hays, Judge Page 225 Duane Woodard, Attorney General, […]

81 P.2d 393 NORTON ET AL. v. PEOPLE EX REL. RUDBECK. No. 14,358.Supreme Court of Colorado. Decided June 20, 1938. Rehearing denied July 11, 1938. Action in quo warranto to oust town officials and incidentally involving the validity of the organization of a municipal corporation. Judgment for plaintiff. Affirmed. On Application for Supersedeas. 1. QUO […]

Joy Switzer and Donald Switzer, Plaintiffs-Appellants, v. Robert Giron, Defendant, and Concerning Roberto Giron, Appellee. No. 91CA2102Colorado Court of Appeals. Decided January 28, 1993. Rehearing Denied April 1, 1993. Appeal from the District Court of the City and County of Denver Honorable John W. Coughlin, Judge Zuckerman Kleinman, P.C., James S. Miller, for Plaintiffs-Appellants. No […]

Todd Holding Co., Inc., a Colorado corporation; Toddys of Greeley, Inc., a Colorado corporation; and Toddys of Ft. Collins, Ltd., a Colorado corporation, Plaintiffs-Appellees and Cross-Appellants, v. Super Valu Stores, Inc., a Delaware corporation, Defendant-Appellant and Cross-Appellee. No. 91CA1779Colorado Court of Appeals. Decided July 1, 1993. Rehearing extension pending 07/13/93. Rehearing Denied October 21, 1993. […]

166 P.2d 984 RINNANDER ET. AL. v. DENVER MILK PRODUCERS, INC. No. 15, 423.Supreme Court of Colorado. Decided March 4, 1946. An action for damages resulting from the inducing of a party to breach his contract with a marketing association. Judgment for plaintiff. Affirmed. 1. CONTRACTS — Market Associations — Breach — Damages. In an […]

In re the Marriage of Connie Parker, Appellant, and John Thomasson, Appellee. No. 93CA2122Colorado Court of Appeals. Decided November 3, 1994 Appeal from the District Court of Jefferson County Honorable James D. Zimmerman, Judge No. 87DR265 ORDER REVERSED AND CAUSE REMANDED WITH DIRECTIONS Page 313 Jeffrey S. English, Lakewood, Colorado, for Appellant Polidori, Gerome, Franklin […]

157 P.2d 621 LaVIELLE v. THE PEOPLE No. 15,322.Supreme Court of Colorado. Decided February 5, 1945. Plaintiff in error was convicted of conspiracy to embezzle public funds. Reversed. 1. CRIMINAL LAW — Conspiracy. To convict one of the crime of conspiracy, three material elements must be established beyond a reasonable doubt: There must be a […]

Joe A. Gonzales, Petitioner, v. Industrial Commission of the State of Colorado, and Monfort of Colorado, Inc., Respondents. No. 85SC182Supreme Court of Colorado. Decided July 27, 1987. Page 1000 Certiorari to the Colorado Court of Appeals. Hornbein, MacDonald, Fattor and Buckley, P.C., Philip Hornbein, Jr., for Petitioner. Duane Woodard, Attorney General, Charles B. Howe, Chief […]

(499 P.2d 1200) The People of the State of Colorado v. Donald Emory Major No. 24874Supreme Court of Colorado. Decided July 24, 1972. Rehearing denied August 28, 1972. Defendant was convicted of the crime of breaking and entering a motor vehicle with intent to commit theft and appealed. Reversed 1. INSTRUCTIONS, CRIMINAL — Theft — […]

(236 P.2d 535) URBANCICH v. MAYBERRY. No. 16,666.Supreme Court of Colorado. Decided October 1, 1951. On petition for a writ of habeas corpus. The writ was issued, but on hearing, was discharged by the trial court. Reversed. 1. APPEAL AND ERROR — Habeas Corpus. “Only jurisdictional questions can be reviewed by proceedings in habeas corpus. […]

(516 P.2d 448) Duane V. Larson, William Niles, Joseph P. Traynor, Robert Jenkins, Duane Haukoors, Rollin Logemann, and Terry Halborson v. City and County of Denver, a Municipal Corporation; and George A. Canjar, Director of Excise and Licenses of the City and County of Denver; and Benjamin F. Friedman, d/b/a Target Village Liquors No. 73-074Colorado […]

(539 P.2d 120) The People of the State of Colorado v. Brown A. Mangum and Vincent P. Frey No. 26803Supreme Court of Colorado. Decided August 18, 1975. Interlocutory appeal by the People challenging the correctness of rulings by the trial court sustaining motions to suppress (1) physical evidence and (2) statements and admissions of defendant […]

Eagle Peak Farms, Ltd., a Colorado limited partnership, Plaintiff-Appellant, v. The Colorado Ground Water Commission; Marks Butte, Frenchman, Sandhills, and Central Yuma County Ground Water Management Districts; and Upper Black Squirrel Creek Ground Water Management District, Defendants-Appellees. No. 92CA1474Colorado Court of Appeals. Decided August 19, 1993. Rehearing Denied September 30, 1993. Certiorari Granted April 4, […]

Maurine Bettner, Petitioner, v. Robert Boring, Respondent. No. 87SC208Supreme Court of Colorado. Decided November 28, 1988. Certiorari to the Colorado Court of Appeals Page 830 Bennett and Hollaway, John F. Bennett, Cuba Y. Hollaway, for Petitioner. William M. Lederer, for Respondent. EN BANC JUSTICE VOLLACK delivered the Opinion of the Court. [1] In this personal […]

86 P.2d 975 DAVIS v. THE PEOPLE IN THE INTEREST OF GRANT. No. 14,482.Supreme Court of Colorado. Decided January 16, 1939. Action to compel defendant, alleged to be the father of a dependent child, to contribute to the support of the child and its mother. Judgment was adverse to defendant. Affirmed. On Application for Supersedeas. […]

The People of the State of Colorado, Complainant, v. Glenn A. Bergmann, Attorney-Respondent. No. 85SA409Supreme Court of Colorado. Decided February 10, 1986. Original Proceedings in Discipline Linda Donnelly, Disciplinary Prosecutor, George S. Meyer, Deputy Disciplinary Prosecutor, for Complainant. Glenn A. Bergmann, Pro Se. EN BANC JUSTICE ROVIRA delivered the Opinion of the Court. [1] Glenn […]

(579 P.2d 1178) Nationwide Mutual Fire Insurance Company, an Ohio corporation v. Julia Newton, Ethel M. Clark and Lynn Saunders, as Mother and next friend of James Saunders, Jr. No. 77-256Colorado Court of Appeals. Decided March 2, 1978. Rehearing denied March 23, 1978. Certiorari granted June 19, 1978. In declaratory judgment action, the issue presented […]

(428 P.2d 714) Howard James Garel, by George A. Garel, his next friend, and George A. Garel v. Jewish Community Centers of Denver, a Non- Profit Colorado corporation, and the Mellwin Construction Corporation, a Colorado corporation No. 21161Supreme Court of Colorado. Decided June 12, 1967. Rehearing denied July 3, 1967. Action by minor and his […]

The People of the State of Colorado, Plaintiff-Appellee, v. John W. Green, Defendant-Appellant. No. 00CA0389Colorado Court of Appeals. March 29, 2001 Rehearing Denied October 25, 2001 City and County of Denver District Court No. 95CR4809, Honorable Herbert L. Stern, III, Judge ORDER VACATED AND CAUSE REMANDED WITH DIRECTIONS Page 126 Ken Salazar, Attorney General, Deborah […]

(562 P.2d 1119) Grand Valley Enterprises, Inc., and State Compensation Insurance Fund v. Claimants in the Matter of the Death of Wilda May Wonders, Mary Van Treeck, d/b/a Boa’s Nest, and Industrial Commission of Colorado No. 76-507Colorado Court of Appeals. Decided March 24, 1977. Workmen’s compensation insurer sought review of award of death benefits to […]

In Re: The People of the State of Colorado, Plaintiff-Respondent, v. Chaval Williams, Defendant-Petitioner. No. 98SA393Supreme Court of Colorado. October 18, 1999 Original Proceeding Pursuant to C.A.R. 21 Arapahoe County District Court, Case No. 97CR2945, Honorable James F. Macrum, Jr., Judge. James J. Peters, District Attorney, Eighteenth Judicial District John Topolnicki, Chief Deputy District Attorney […]

(236 P.2d 291) INDUSTRIAL COMMISSION OF COLORADO ET AL. v. DANIELS. No. 16,719.Supreme Court of Colorado. Decided October 1, 1951. A proceeding under the Workmen’s Compensation Act. The district court ordered the commission to award death benefits to claimant as provided by law. Reversed. 1. WORKMEN’S COMPENSATION — Accident — Burden of Proof. It is […]

A.C.B., a minor, by Philip A. Pearlman, guardian ad litem, Petitioner-Appellant, v. Denver Department of Social Services, Respondent-Appellee, No. 85CA1300Colorado Court of Appeals. Decided June 5, 1986. Rehearing Denied July 17, 1986. Certiorari Denied A.C.B. September 29, 1986 (86SC290). Appeal from the Juvenile Court of the City and County of Denver Honorable Morris E. Cole, […]

(500 P.2d 983) Denver Urban Renewal Authority, a body corporate and politic of the State of Colorado v. Steiner American Corporation, a Nevada corporation doing business in the State of Colorado, and Charles L. Temple, Treasurer of the City and County of Denver No. 71-092Colorado Court of Appeals. Decided June 27, 1972. Rehearing denied August […]

F. C. Ware, Plaintiff-Appellee and Cross-Appellant, v. Herman McCutchen, William Kerksiek, George McClellan, Eugene Kleinknecht, and Intermountain Rural Electric Association, a Colorado corporation, Defendants-Appellants and Cross-Appellees. No. 87CA0584Colorado Court of Appeals. Decided October 19, 1989. Rehearing Denied November 13, 1989. Page 847 Appeal from the District Court of Jefferson County Honorable Winston W. Wolvington, Judge […]

(490 P.2d 1295) Gary Lee Scott v. The People of the State of Colorado. No. 24683.Supreme Court of Colorado. Decided November 8, 1971. Defendant was convicted of grand theft and brought error. Affirmed. 1. PROSECUTING ATTORNEYS — Obligation — Presence — Defendant — Outside Jurisdiction — Writ — When Available. District attorney has obligation to […]

58 P.2d 1215 MANSHIP v. THE PEOPLE. No. 13,734.Supreme Court of Colorado. Decided June 1, 1936. Rehearing denied June 29, 1936. Plaintiff in error was found guilty of statutory rape. Affirmed. 1. CRIMINAL LAW — Severance. One of two defendants in a criminal case moved for a separate trial, and the court, holding that such […]

Jon DeStefano, in his official capacity as Chairman of the Board of Education of Jefferson County Public School District R-1; Debra Oberbeck, Vince Chowdhury, Karen Litz, and Tori Merritts, in their official capacities as Members of the Board of Education of Jefferson County Public School District R-1; and Jefferson County Public School District R-1, Petitioners/Cross-Respondents […]

(477 P.2d 367) Packaging Corporation of America v. Industrial Commission of Colorado. No. 23046.Supreme Court of Colorado. Decided November 23, 1970. Third-party complaint by employer against Industrial Commission in connection with damage claim filed in district court by discharged employee who was injured in altercation with another employee in connection with his discharge while being […]

(608 P.2d 830) Jo Hayes, also known as Josephine M. Hayes v. North Table Mountain Corp., a Colorado corporation. No. 78-773Colorado Court of Appeals. Decided December 20, 1979. Rehearing denied January 17, 1980. Certiorari denied March 31, 1980. From judgment entered upon a jury verdict awarding plaintiff a commission for the sale of real estate, […]

Water, Waste Land, Inc., d/b/a Westec, Petitioner, v. Donald Lanham; Larry Clark; and Preferred Income Investors, L.L.C., Respondents. No. 97SC199Supreme Court of Colorado. March 9, 1998 Certiorari to the District Court, Larimer County, Honorable William F. Dressel, Judge JUDGMENT REVERSED AND CASE REMANDED Page 998 Craig Stirn, Fort Collins, Colorado, Attorney for Petitioner. Griffith Beach, […]

(563 P.2d 384) In re the Marriage of: Elsie Baer Wildin and Walter George Wildin No. 75-812Colorado Court of Appeals. Decided April 7, 1977. In dissolution of marriage action, husband appealed from trial court’s refusal to award him any portion of stocks and bonds which wife had brought into the marriage and which had served […]

160 P.2d 995 HOFMANN v. LAMB No. 15,221.Supreme Court of Colorado. Decided July 2, 1945. A suit in replevin. Judgment for plaintiff. Reversed. 1. SALES — Bill of Sale — Liens — Chattel Mortgages. Where a party takes a bill of sale of chattel property as security for money advanced by him to the seller, […]

The People of the State of Colorado v. Allan A. Acosta No. 79CA0704Colorado Court of Appeals. Decided October 30, 1980. Appeal from the District Court of El Paso County, Honorable George M. Gibson, Judge. J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy Attorney General, Mary J. Mullarkey, Special Assistant Attorney General, Robert C. Lehnert, […]

Lakeview Associates, Ltd., a Colorado limited partnership; Bijou Management Company; and James Young, individually, Petitioners, v. Ann Maes and the Colorado Department of Social Services, Respondents. No. 94SC595Supreme Court of Colorado. Decided November 28, 1995 Certiorari to the Colorado Court of Appeals JUDGMENT AFFIRMED Page 581 Anderson, Campbell and Laugesen, P.C., Richard W. Laugesen, Denver, […]

Evergreen Fire Protection District v. Richard M. Huckeby, Gloria Cozak Huckeby, Pacific Mortgage Co., Donald Couch, Treasurer of Jefferson County, and Helen Bush, Public Trustee of Jefferson County No. 79CA0640Colorado Court of Appeals. Decided March 12, 1981. Page 745 Appeal from the District Court of Jefferson County Honorable Winston W. Wolvington, Judge. Collins and Cockrel, […]

Gary Lee Zamora v. State of Colorado, Department of Revenue, Motor Vehicle Division No. 80CA0187Colorado Court of Appeals. Decided August 21, 1980. Appeal from the District Court of the City and County of Denver, Honorable Robert P. Fullerton, Judge. No appearance for plaintiff-appellee. J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy Attorney General, Mary […]

Harold L. Boyles, Plaintiff-Appellant, v. Kenneth J. Lampert, the Board of County Commissioners of Mesa County, Colorado, Maxine Albers, Rick Enstrom, Mike Kelly, individually and as members of the Board of County Commissioners of Mesa County, the Mesa County Board of Health and the Mesa County Colorado Personnel Grievance Committee, Defendants-Appellees. No. 83CA0311Colorado Court of […]

(277 P.2d 526) IN RE ESTATE OF SAND. SAND v. EPPERSON, EXECUTOR. No. 17,468.Supreme Court of Colorado. Decided December 13, 1954. Rehearing denied January 3, 1955. A proceeding involving a petition to annul the will of a deceased person. A motion to strike the petition was sustained. PER CURIAM. Judgment affirmed en banc without written […]

(580 P.2d 805) The People of the State of Colorado v. Jon Randolph Jamerson No. 27979Supreme Court of Colorado. Decided July 3, 1978. Defendant was convicted of the crime of theft by receiving. Thereafter, due to a holding that a portion of the statute was unconstitutional, defendant’s motion for a new trial was granted, but […]

The People of the State of Colorado, Plaintiff-Appellee, v. Hiroatsu Nishikawa, a/k/a Hiroatsu Yosahida, Defendant, and Concerning David Frisco, Surety-Appellant. No. 00CA1083Colorado Court of Appeals. August 2, 2001 Pitkin County District Court No. 98CR0082; Honorable J.E. Devilbiss, Judge. JUDGMENT AFFIRMED Page 631 Ken Salazar, Attorney General, Katherine A. Hansen, Assistant Attorney General, Denver, Colorado, for […]

(526 P.2d 300) The People of the State of Colorado v. Earl W. Scheidt No. 25874Supreme Court of Colorado. Decided September 9, 1974. Rehearing denied September 30, 1974. Defendant was convicted of aggravated robbery, simple robbery, and assault and appealed. Reversed 1. CRIMINAL EVIDENCE — Testimony — Places of Incarceration — Jury — Prohibited. Testimony […]

The People of the State of Colorado, Plaintiff-Appellee, v. Donald L. Brown, Defendant-Appellant. No. 85CA0141Colorado Court of Appeals. Decided August 20, 1987. Rehearing Denied September 17, 1987. On Petition for Certiorari (87SC376), Judgment Vacated and Case Remanded For Reconsideration December 14, 1987. Appeal from the District Court of El Paso County Honorable Hunter D. Hardeman, […]

130 P.2d 930 SANDOVAL ET AL. v. INDUSTRIAL COMMISSION ET AL. MONTGOMERY ET AL. v. INDUSTRIAL COMMISSION ET AL. AHOE ET AL. v. INDUSTRIAL COMMISSION ET AL. MONKS ET AL. v. INDUSTRIAL COMMISSION ET AL. LEWIS ET AL. v. INDUSTRIAL COMMISSION ET AL. BANZANELE ET AL. v. INDUSTRIAL COMMISSION ET AL. Nos. 15,060, 15,061, 15,062, […]

The Bishop and Diocese of Colorado, a Colorado nonprofit corporation, the Reverend Charles Larry Day, Allen Uyeda, Robert Douglass, H. David Huskin, Harry Thom, John Brown, Joseph Esch, Carla Parnell, Mildred Mullenax, John Helmore, Otis Drury, Marian Lattimore, as members of the Vestry of the Episcopal Parish of St. Mary’s, the Episcopal Parish of St. […]

Lloyd Dean States, Myrna States, and Niagara Fire Insurance Company, Plaintiffs-Appellants, v. R.D. Werner Co., Inc., Defendant-Appellee. No. 89CA0101Colorado Court of Appeals. Decided June 21, 1990. Rehearing Denied July 19, 1990. Certiorari Denied October 29, 1990 (90SC491). Appeal from the District Court of El Paso County Honorable Douglas E. Anderson, Judge. Page 428 The Wills […]

(511 P.2d 912) Guy Martin Buick, Inc. v. The Colorado Springs National Bank No. 72-137Colorado Court of Appeals. Decided April 24, 1973. Rehearing denied May 30, 1973. Certiorari granted July 23, 1973. Page 236 Prior to his check paid in the purchase of certain automobiles being negotiated, purchaser obtained loan from bank using automobiles as […]

Rogene Bailey and Bill Bailey, Plaintiffs-Appellants, v. Montgomery Ward Company, Inc., Defendant-Appellee. No. 82CA1476Colorado Court of Appeals. Decided July 5, 1984. Rehearing Denied August 30, 1984. Appeal from the District Court of Prowers County Honorable William Gobin, Judge Page 1281 Andersen and Gehlhausen, P.C., John Gehlhausen, for plaintiffs-appellants. Law Office of John E. Walberg, John […]

Herbert G. Gardner, Petitioner-Appellant, v. Honorable George R. Gaubatz, and the County Court of the Fifth Judicial District, Clear Creek County, Colorado, Respondents-Appellees. No. 84CA0479Colorado Court of Appeals. Decided November 14, 1985. Rehearing Denied January 9, 1986. Certiorari Denied Gardner May 5, 1986 (86SC39). Appeal from the District Court of Clear Creek County Honorable William […]

Guy J. Blackburn, Petitioner-Appellant, v. Bert Johnson, Sheriff of Adams County, Respondent-Appellee. No. 81SA79Supreme Court of Colorado. Decided June 28, 1982. Appeal from the District Court of Adams County, Honorable Abraham Bowling, Judge. Page 239 J. Gregory Walta, Colorado State Public Defender, Michael Heher, Deputy State Public Defender, for petitioner-appellant. J. D. MacFarlane, Attorney General, […]

(469 P.2d 414) Phillip Mobell, d/b/a The Place v. Hilbert E. Meyer, Jack B. Everhart, Dick Greener, Norma Walker, as Mayor, Carl Bomholt, R. James Hart, Joe Harris and Bernice R. Crouse, as members of the City Council of Aurora, and individually; and Byron A. Anderson, as Secretary of State of the State of Colorado. […]

(425 P.2d 801) Berkeley Construction Company and State Compensation Insurance Fund v. Arthur Fransua and Industrial Commission of Colorado. No. 22155.Supreme Court of Colorado. Decided April 3, 1967. From a judgment affirming an award of the Industrial Commission, the employer and the State Fund bring error. Affirmed. 1. WORKMEN’S COMPENSATION — Casual — Definition. An […]

Bruce P. Williams, Petitioner, v. The District Court, Second Judicial District, City and County of Denver and State of Colorado, Hon. Robert S. Hyatt, District Court Judge, Respondents. No. 93SA90Supreme Court of Colorado. Decided December 13, 1993 Page 909 Original Proceeding RULE MADE ABSOLUTE AND CASE REMANDED WITH DIRECTIONS Shannon A. Robinson, P.C., Shannon A. […]

Gregory Cline; William Holman; and Philport, Inc. d/b/a Lakewood Investigations and Consulting and d/b/a Western States Investigations, Plaintiffs-Appellees and Cross-Appellants, v. Farmers Insurance Exchange, a California insurance exchange; Farmers Group, Inc., a Nevada corporation; Truck Insurance Exchange, a California insurance exchange; Fire Insurance Exchange, a California insurance exchange; Mid-Century Insurance Company, a California corporation; and […]

The City of Colorado Springs; J.H.B. Wilson, Director of Finance for the City of Colorado Springs, Petitioners, v. Investment Hotel Properties, Ltd., Respondent. No. 89SC361Supreme Court of Colorado. Decided February 25, 1991. Rehearing Denied March 18, 1991. Certiorari to the Colorado Court of Appeals. Page 376 James G. Colvin II, City Attorney, Walter S. Rouse, […]

John T. Ivy, Complainant-Appellant, v. State of Colorado — State Personnel Board and Department of Administration, Division of Accounts Control, Respondent-Appellee. No. 92CA1544Colorado Court of Appeals. Decided August 26, 1993. Appeal from the State Personnel Board Page 603 Douglas G. McKinnon, for Complainant-Appellant. No Appearance for the State Personnel Board. Gale A. Norton, Attorney General, […]

Rodney LEVINE, individually, as personal representative of the Rosamond H. Levine Estate and as trustee of the Rosamond H. Levine Trust; Cathy Hatfield; and Sharri Zelson, Plaintiffs-Appellants, v. Michael M. KATZ, Esq.; Peter R. Moison, Esq.; Kathryn A. Reeves, Esq.; and Katz, Look, Moison, P.C., f/k/a Elrod, Katz, Preeo, Look, Moison, and Silverman, P.C., a […]

In re the Marriage of: Bernice Lester (Carolyn Sue Flanders, as Personal Representative of the Estate of Bernice Lester, by substitution), Appellee, and Luther L. Lester, Appellant. No. 80CA0451Colorado Court of Appeals. Decided May 20, 1982. Appeal from the District Court of Routt County, Honorable John J. Wilkinson, Judge. Page 689 Ratcliffe Chamberlin, Jonathan M. […]

75 P.2d 1165 HOLMAN ET AL. v. COLORADO NATIONAL BANK ET AL. No. 14,201.Supreme Court of Colorado. Decided January 24, 1938. Judgment affirmed en banc without written opinion. Error to the District Court of the City and County of Denver, Hon. Frank McDonough, Sr., Judge. Messrs. TAYLOR, CHASNOFF WILLSON, Messrs. LEWIS, BOND HOLLAND, for plaintiffs […]

1 P.2d 104 WILLIAM E. RUSSELL COAL COMPANY v. VESTA MINES, INC. No. 12,443.Supreme Court of Colorado. Decided June 15, 1931. Action for damages for breach of warranty. Judgment of nonsuit. Reversed. 1. SALES — Option. Under a 15-day option for the purchase of machinery, purchaser could reject the offer or submit a counter proposition. […]

(532 P.2d 332) North Glenn Suburban Company, a Colorado corporation v. The District Court of the Second Judicial District in and for the City and County of Denver, State of Colorado, and the Honorable John Brooks, Jr., District Court Judge in and for the City and County of Denver, and Denver-Boulder Bus Company, Colorado Motorway, […]

(474 P.2d 207) Flora Ann Hunter v. The People of the State of Colorado. No. 23322.Supreme Court of Colorado. Decided September 14, 1970. Defendant and two others were convicted of larceny and conspiracy to commit larceny and defendant brought error. Affirmed. 1. LARCENY — Conspiracy — Assertion — Lack of Identity — Record — Jury […]

Richard A. Smith and Mary Lou Smith, Plaintiffs-Appellees, v. Town of Estes Park, Defendant-Appellant. No. 95CA1993Colorado Court of Appeals. December 27, 1996 Rehearing Denied January 30, 1997 Certiorari Denied October 20, 1997 Appeal from the District Court of Larimer County, Honorable William F. Dressel, Judge, No. 95CV138. ORDER AFFIRMED. Page 572 Cooper Clough, P.C., Paul […]

(599 P.2d 937) The People of the State of Colorado v. Sterling Leroy Osborn No. 77-744 No. 78-485Colorado Court of Appeals. Decided April 26, 1979. Prior opinion announced March 8, 1979 withdrawn. Rehearing denied May 24, 1979. Certiorari denied August 20, 1979. Defendant, charged with two counts of sexual assault, was found sane and was […]

(548 P.2d 914) Leonard V. Lancaster and The Employers Fire Insurance Company, a Massachusetts corporation v. C. F. I. Steel Corporation, a Colorado corporation No. 26863Supreme Court of Colorado. Decided April 19, 1976. Action by subcontractor’s employee against owner for injuries sustained as a result of explosion of basic oxygen furnace and by compensation carrier […]

Lupita A. GIRON, Plaintiff-Appellant, v. Douglas D. KOKTAVY, Esquire; Douglas D. Koktavy, P.C., a professional corporation; Charles H. Torres, Esquire; and Charles H. Torres, P.C., a professional corporation, Defendants-Appellees. No. 02CA0617.Colorado Court of Appeals. February 24, 2005. Page 822 Rehearing Denied June 16, 2005. Certiorari Denied December 19, 2005.[*] [*] Justice BENDER would grant as […]

The People of the State of Colorado, Plaintiff-Appellee, v. Anthony Herrera, Defendant-Appellant. No. 85CA0852Colorado Court of Appeals. Decided July 17, 1986. Rehearing Denied August 14, 1986. Certiorari Denied November 3, 1986 (86SC315). Appeal from the District Court of the City and County of Denver Honorable J. Stephen Phillips, Judge Duane Woodard, Attorney General, Charles B. […]

46 P.2d 747 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF DOUGLAS v. TOWN OF CASTLE ROCK. No. 13,478Supreme Court of Colorado. Decided June 10, 1935. Suit by a town against a county to recover amount of special taxes levied against the latter’s property. Judgment for plaintiff. Affirmed. 1. MUNICIPAL CORPORATIONS — Special Taxes — […]

In re the MARRIAGE OF Rebekah G. McSOUD, Appellant, and Joseph McSoud, Appellee. No. 04CA2682.Colorado Court of Appeals. February 9, 2006. Appeal from the District Court, Douglas County, Richard D. Turelli, J. Page 1209 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]

Raejean Stotler and Robert L. Stotler, Plaintiffs-Appellants, v. Geibank Industrial Bank, a Colorado corporation, Defendant-Appellee, No. 90CA0816Colorado Court of Appeals. Decided February 20, 1992. Appeal from the District Court of the City and County of Denver Honorable William G. Meyer, Judge. Page 609 Donald A. Brenner, for Plaintiffs-Appellants. Rossi Judd, P.C., Larry D. Gallegos, for […]

Peter S. Rodriguez, a minor, by and through his mother, conservator, natural parent and next friend, Tracey Rodriguez; Sean Rodriguez and Tracey Rodriguez, individually, as assignees of Laura Brimmer, Plaintiffs-Appellants, v. Safeco Insurance Company of America, a Washington corporation, Defendant-Appellee. No. 90CA0037Colorado Court of Appeals. Decided May 23, 1991. Rehearing Denied July 25, 1991. Certiorari […]

Edmund A. Gorab d/b/a Bennett-Shellenberger Realty, Plaintiff-Appellant, v. Equity General Agents, Inc., and California Union Insurance, Defendants-Appellees. No. 82CA0673Colorado Court of Appeals. Decided March 10, 1983. Appeal from the District Court of El Paso County Honorable Donald E. Campbell, Judge Page 1197 Richard E. Falcone, for plaintiff-appellant. Donald E. LaMora, for defendant-appellee, Equity General Agents, […]

(529 P.2d 317) The People of the State of Colorado v. Gregory Lee Weihs No. 26526Supreme Court of Colorado. Decided December 9, 1974. Rehearing denied January 6, 1975. Defendant seeks relief from a ten-to-twelve year sentence to the state penitentiary pursuant to 1971 Perm. Supp., C.R.S. 1963, 40-1-509. Affirmed 1. PRISONS — Place of Confinement […]

250 P.2d 128 HAVIS v. IACOVETTO No. 16,781.Supreme Court of Colorado. Decided October 27, 1952. Rehearing denied November 17, 1952. An action for damages for personal injuries resulting from an automobile accident. Judgment of dismissal. Reversed. 1. AUTOMOBILES — Passengers — Damages. In an action for damages for personal injuries resulting from an automobile accident, […]

135 P.2d 1016 WILLIAMS v. WILLIAMS. No. 15,274.Supreme Court of Colorado. Decided March 22, 1943. A proceeding involving custody of a minor child of divorced parents. Custody was awarded to a sister of the husband for one year. Affirmed. On Application for Supersedeas. 1. APPEAL AND ERROR — Deficient Record — Dismissal. Where a record […]

Mid-Century Insurance Company, a California insurance company authorized to do business in Colorado, Plaintiff-Appellee, v. Heritage Drug, Ltd., a Colorado corporation; William E. Ranshaw; and Patricia A. Ranshaw, Defendants-Appellants. No. 98CA1138Colorado Court of Appeals. November 26, 1999 Certiorari Denied June 19, 2000. Appeal from the District Court of Arapahoe County, Honorable John P. Leopold, Judge, […]

Yampa Valley Electric Association, Inc., a Colorado corporation, Petitioner/Cross-Respondent, v. GLORIA G. Telecky, Respondent/Cross-Petitioner. No. 92SC384Supreme Court of Colorado. Decided September 27, 1993 Certiorari to the Colorado Court of Appeals JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Page 253 Hall Evans, Peter F. Jones, Malcolm S. Mead, Robert J. McCormick, […]

The People of the State of Colorado, Plaintiff-Appellee, v. Cycle Lee Tyler, Defendant-Appellant. No. 86CA0004Colorado Court of Appeals. Decided May 28, 1987. Rehearing Denied June 18, 1987. Certiorari Denied Tyler October 13, 1987 (87SC239). Appeal from the District Court of El Paso County Honorable Joe A. Cannon, Judge Duane Woodard, Attorney General, Charles B. Howe, […]

158 P.2d 1008 ZUCKERMAN v. BUNDY COAL COMPANY ET AL. No. 15,420.Supreme Court of Colorado. Decided May 14, 1945. Judgment affirmed in department without written opinion, Mr. Chief Justice Bakke, Mr. Justice Burke and Mr. Justice Stone participating. Error to the District Court of the City and County of Denver, Hon. Henry S. Lindsley, Judge. […]