Category: Colorado Court Opinions

(592 P.2d 807) The People of the State of Colorado v. George Dickinson No. C-1610Supreme Court of Colorado. Decided April 2, 1979. Defendant was convicted of driving a vehicle while under the influence of intoxicating liquor or drugs and careless driving. The district court affirmed the careless driving conviction but reversed the conviction for driving […]

Consolidated Home Supply Ditch and Reservoir Company, Objector-Appellant/Cross-Appellee, v. Town of Berthoud, Applicant-Appellee/Cross-Appellant, and Public Service Company of Colorado; City of Loveland; The Thompson Water Users Association; Harold D. Simpson, State Engineer; Alan D. Berryman, Division Engineer for Water Division No. 1; Town of Estes Park, and Handy Ditch Company, Objectors-Appellees. No. 93SA307Supreme Court of […]

104 P.2d 897 BRANNAMAN AND OTHERS AS THE INDUSTRIAL COMMISSION, ET AL. v. RICHLOW MANUFACTURING COMPANY. No. 14,741.Supreme Court of Colorado. Decided July 1, 1940. Rehearing denied July 24, 1940. Action by an employer to obtain a refund of unemployment contributions. Judgment for plaintiff. Modified and Affirmed. 1. MASTER AND SERVANT — Unemployment Compensation — […]

The People of the State of Colorado, Plaintiff-Appellee, v. Thomas McNeely, Defendant-Appellant. No. 00CA1187.Colorado Court of Appeals. Division III. November 21, 2002. Opinion Modified, and as Modified, Petition for Rehearing Denied March 13, 2003. Mesa County District Court No. 98CR766; Honorable David A. Bottger, Judge JUDGMENT AND SENTENCE AFFIRMED Page 541 [EDITORS’ NOTE: THIS PAGE […]

The People of the State of Colorado, Plaintiff-Appellee, v. James Allen Braxton, Defendant-Appellant. No. 88CA1765Colorado Court of Appeals. Decided November 8, 1990. Opinion Modified, and as Modified Rehearing Denied December 6, 1990. Certiorari Denied April 8, 1991 (91SC18). Appeal from the District Court of the City and County of Denver Honorable Warren O. Martin, Judge […]

251 P.2d 1078 LANE v. PAGE ET AL. No. 16,923.Supreme Court of Colorado. Decided December 15, 1952. Rehearing denied January 5, 1953. An action for damages alleged to have resulted to plaintiffs from the blocking of a roadway which it had been judicially determined they had the right to use. Judgment for plaintiffs. Reversed. 1. […]

94 P.2d 697 ROYAL INDEMNITY COMPANY ET AL. v. INDUSTRIAL COMMISSION ET AL. No. 14,601.Supreme Court of Colorado. Decided September 11, 1939. Rehearing denied October 2, 1939. Proceeding under the Workmen’s Compensation Act. Judgment for claimant. Affirmed. 1. WORKMEN’S COMPENSATION — Employees — Casual Employment. Under the provision of the Workmen’s Compensation Act excluding from […]

(242 P.2d 817) KERNS v. BANK OF MANITOU. No. 16,614.Supreme Court of Colorado. Decided March 24, 1952. An action for the rescission of a contract involving the sale of real estate, and for damages. Judgment of dismissal. Reversed. 1. CONTRACTS — Rescission. “A contract induced by false and fraudulently representations, or mutual mistake, is voidable […]

Southgate Water District, Arapahoe and Douglas Counties, Colorado, a quasi-municipal corporation, Plaintiff-Appellant, v. City and County of Denver, a municipal corporation, acting by and through its Board of Water Commissioners, Defendant-Appellee. No. 89CA1719Colorado Court of Appeals. Decided December 31, 1992. Rehearing Denied February 4, 1993. Certiorari extension pending 03/16/93 (93SC149). Appeal from the District Court […]

133 P.2d 535 WELSH v. INDEPENDENT LUMBER COMPANY. No. 15,108.Supreme Court of Colorado. Decided January 11, 1943. A proceeding involving priority of liens on real estate. The trial court held a mechanic’s lien superior to that of a deed of trust on the property. Writ of Error Dismissed. 1. APPEAL AND ERROR — Review — […]

RANTA CONSTRUCTION, INC., Plaintiff-Appellee, v. Scott and Maggie ANDERSON, Defendants-Appellants, and Telluride Window Doors, Third-Party Defendant-Appellee. No. 07CA0032.Colorado Court of Appeals. June 26, 2008. Appeal from the District Court, San Miguel County, Charles R. Greenacre, J. Page 836 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

(610 P.2d 103) Robert L. Jackson, a/k/a Ronnie Lee Jensen 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 Jail, City and County of Denver. No. 79SA508Supreme Court of Colorado. Decided April 21, 1980. Extradition proceeding. Petitioner appeals trial […]

(538 P.2d 484) The People of the State of Colorado v. Bradford Eugene Boileau No. 74-279Colorado Court of Appeals. Decided May 28, 1975. Rehearing denied June 17, 1975. Certiorari denied August 18, 1975. Search and seizure cases. Trial court refused to suppress evidence discovered in apartment of defendant, and, upon conviction for burglary, defendant appealed. […]

(519 P.2d 1233) George W. Stone, Joe Sladky, Einer Burget, Samuel D. Williams, III, P. L. Rausch and Larry Henley v. Chapels for Meditation, Inc. No. 73-196Colorado Court of Appeals. Decided March 5, 1974. Page 347 Writ of garnishment issued to administratrix of estate seeking funds she allegedly held for distribution to garnishors’ judgment debtor […]

34 P.2d 71 REPPIN v. THE PEOPLE. No. 13,445.Supreme Court of Colorado. Decided June 18, 1934. Plaintiff in error was convicted of first degree murder and sentenced to death. Reversed. 1. CRIMINAL LAW — Jury List. The record being silent as to whether defendant in a homicide case was furnished with a list of the […]

Jerry Medina; Mary Medina; and Terri Hawkins, Petitioners, v. State of Colorado; Colorado State Highway Patrol; and State of Colorado Department of Transportation, Respondents. No. 00SC747Supreme Court of Colorado. Filed November 27, 2001 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 98CA2424 Page 444 JUDGMENT AFFIRMED IN PART, REVERSED IN PART […]

John O. Irey, Plaintiff-Appellant, v. Carolyn Nielson, Hearing Examiner for Colorado Department of Revenue, Motor Vehicle Division; George Theobald, Hearing Division Director, Colorado Department of Revenue, Motor Vehicle Division; Alan Charnes, Manager of the Colorado Department of Revenue, Defendants-Appellees. No. 84CA1060Colorado Court of Appeals. Decided February 13, 1986. Appeal from the District Court of Larimer […]

(477 P.2d 376) Stanley R. Hooker v. The People of the State of Colorado. No. 23447.Supreme Court of Colorado. Decided November 30, 1970. From a denial of his motion for post conviction relief from a penitentiary sentence fully served, defendant brought error. Affirmed. 1. CRIMINAL PROCEDURE — Post Conviction Relief — Denial of Motion — […]

(280 P.2d 1107) BOARD OF ADJUSTMENT OF THE CITY AND COUNTY OF DENVER, ET AL. v. ABE PERLMUTTER CONSTRUCTION COMPANY, ET AL. No. 17,419.Supreme Court of Colorado. Decided March 7, 1955. Action to compel the issuance of a building permit. Judgment for plaintiff. Affirmed. 1. ZONING — Evidence — Nonconforming Use. Evidence held to support […]

(550 P.2d 868) Gail M. Sylvara v. Industrial Commission of the State of Colorado (Ex-Officio Unemployment Compensation Commission of Colorado) and Hewlett Packard Company No. 27018Supreme Court of Colorado. Decided June 7, 1976. Appeal by claimant from an Industrial Commission order refusing to pay unemployment insurance benefits to her until she had worked for thirteen […]

The People of the State of Colorado, Complainant, v. Stephen Stuart Gerdes, Attorney-Respondent. No. 94SA421Supreme Court of Colorado. Decided March 13, 1995 Original Proceeding in Discipline. ATTORNEY DISBARRED. Linda Donnelly, Disciplinary Counsel, James C. Coyle, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. No Appearance by Attorney-Respondent. EN BANC PER CURIAM [1] A hearing panel […]

Gary D. Taylor, Petitioner, v. The People of the State of Colorado, Respondent. No. 84SC409Supreme Court of Colorado. Decided June 23, 1986. Rehearing Denied August 25, 1986. Certiorari to the Colorado Court of Appeals Page 132 David F. Vela, Colorado State Public Defender, Judy Fried, Deputy State Public Defender, for Petitioner. Duane Woodard, Attorney General, […]

(267 P.2d 1014) BRUCE, SECRETARY OF STATE v. LEO. BRUCE, SECRETARY OF STATE v. HOLESWORTH. No. 17,081, 17,082.Supreme Court of Colorado. Decided March 8, 1954. Proceedings involving alleged illegal sales of alcoholic liquors. Defendants in error entered pleas of nolo contendere which were accepted by the court, fines paid and cases removed from the docket. […]

90 P.2d 968 HENDERSON v. HENDERSON. No. 14,257.Supreme Court of Colorado. Decided May 1, 1939. Rehearing denied May 29, 1939. Action for divorce in which property interests of the parties are involved. Error is assigned to the action of the trial court as to its disposition of the latter. Reversed. 1. DIVORCE AND ALIMONY — […]

HOLT GROUP, L.L.C., f/k/a Holt Stalder, L.L.C., Plaintiff-Appellee, v. Willie KELLUM and Kellum Enterprises, Inc., Defendants, and Concerning Pioneer General Insurance Company, Surety-Appellant. No. 09CA0959.Colorado Court of Appeals. August 5, 2010. Appeal from the District Court, City and County of Denver, Larry J. Page 51 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

The People of the State of Colorado, Plaintiff-Appellee, v. Thomas P. Merchant, Defendant-Appellant. No. 97CA0599.Colorado Court of Appeals. January 7, 1999. Certiorari Denied August 9, 1999.[*] [*] Justice SCOTT does not participate. Appeal from the District Court of Weld County, Honorable Roger A. Klein, Judge, No. 95CR647. JUDGMENT AFFIRMED IN PART, VACATED IN PART, AND […]

(438 P.2d 504) Robert I. Skinner v. Mortgage Investments Company. No. 22550.Supreme Court of Colorado. Decided March 18, 1968. Action by holder against issuer to recover on an unpaid check. From summary judgment in favor of defendant, the plaintiff brought error. Affirmed. 1. BILLS AND NOTES — Unauthorized Signature — Joint Payees — Negotiability — […]

136 P.2d 282 HOME OWNERS’ LOAN CORPORATION v. MEYER ET AL. No. 15,085.Supreme Court of Colorado. Decided March 22, 1943. Rehearing denied April 12, 1943. A proceeding under the Uniform Declaratory Judgments Act relating to priority of liens on real property. Judgment for defendants. Affirmed. On Application for Supersedeas. 1. NEW TRIAL — Newly Discovered […]

(552 P.2d 304) The People of the State of Colorado v. Israel Valdez Guitron No. 26593Supreme Court of Colorado. Decided July 19, 1976. Before hearing upon Crim. P. 35(b) motion seeking “credit for jail time,” motion was amended to become a motion under Rule 35(a), but after hearings, court treated it as a 35(b) motion, […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Nathan Michael ORTIZ, Defendant-Appellant. No. 04CA1154.Colorado Court of Appeals. October 19, 2006. Appeal from the District Court, Jefferson County, No. 03CR2115, James D. Zimmerman, J. Page 533 John W. Suthers, Attorney General, Wendy J. Ritz, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee. David S. Kaplan, Colorado […]

THE PEOPLE OF THE STATE OF COLORADO, Complainant, v. JERRY E. MILLS, Attorney-Respondent. No. 96SA235Supreme Court of Colorado. August 19, 1996 Original Proceeding in Discipline ATTORNEY SUSPENDED Linda Donnelly, Disciplinary Counsel Kenneth B. Pennywell, Assistant Disciplinary Counsel Denver, Colorado, Attorneys for Complainant. Nancy L. Cohen, Denver, Colorado, Attorney for Attorney-Respondent. EN BANC PER CURIAM [1] […]

People v. Cozier. No. 02PDJ106.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. August 8, 2003. Page 532 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 533 Opinion by Presiding Disciplinary Judge, Roger L. Keithley, and Hearing Board Members, […]

(369 P.2d 796) THE COLORADO UTAH COAL COMPANY v. CECIL ROREX, CLERK OF THE BOARD OF COUNTY COMMISSIONERS OF ROUTT COUNTY, ET AL. No. 19,666.Supreme Court of Colorado. Decided March 19, 1962. Action involving alleged erroneous assessment of mining property in process of liquidation. Judgment for defendants. Reversed. 1. TAXATION — Assessment — Value — […]

People of the State of Colorado, Petitioner, v. Juvenile Court, City and County of Denver, and One of the Judges Thereof, Honorable David E. Ramirez, Respondents. No. 95SA382Supreme Court of Colorado. Decided February 20, 1996 Original Proceeding Pursuant to C.A.R. 21 RULE MADE ABSOLUTE Page 1275 A. William Ritter, Jr., District Attorney, Second Judicial District […]

Summerhouse Condominium Association, Inc., for itself as assignee and on behalf of all others similarly situated, Plaintiff-Appellant, v. Majestic Savings and Loan Association MAJ Co., Defendants-Appellees. No. 82CA0264Colorado Court of Appeals. Decided November 12, 1982. Rehearing denied December 16, 1982. Page 17 Appeal from the District Court of the City and County of Denver Honorable […]

(473 P.2d 181) Employers Casualty Company v. D. M. Wainwright, d/b/a Park Oil Company and Larry Strange No. 70-209 (Supreme Court No. 23488)Colorado Court of Appeals. Decided June 2, 1970. Rehearing denied July 7, 1970. Certiorari denied August 27, 1970. Action by insurance company as subrogee of lessor to recover cost of repairs of gasoline […]

(573 P.2d 543) The People of the State of Colorado v. Derrick Michael Davis, a/k/a James Peaker No. C-1210Supreme Court of Colorado. Decided January 16, 1978. Certiorari granted to consider the conviction of defendant for theft of auto parts. Affirmed 1. THEFT — Auto Parts — Statute — Constitutional — Due Process — Equal Protection. […]

46 P.2d 900 ESTATE OF STAATS. JOHNSON ET AL. v. STAATS-WILKS, ADMINISTRATRIX. No. 13,489.Supreme Court of Colorado. Decided May 27, 1935. Rehearing denied July 1, 1935. Suit involving validity of deed to real estate. Judgment of no valid delivery. Reversed. 1. PLEADING — Departure — Evidence. Amendment to a pleading which is a distinct departure […]

(539 P.2d 1234) The People of the State of Colorado v. Eloy Joseph Trujillo No. 26286Supreme Court of Colorado. Decided August 5, 1975. Defendant’s probation was revoked on the basis of the trial court’s finding that he had violated one of the conditions of his probation and he appealed. Affirmed 1. PROBATION AND PAROLE — […]

(488 P.2d 206) Phoenix Assurance Company, a corporation, and Oris Albert Colby v. Hartford Insurance Company No. 71-029 (Supreme Court No. 24278)Colorado Court of Appeals. Decided June 29, 1971. Rehearing denied July 27, 1971. Certiorari denied September 20, 1971. Action to determine which of two insurers was obligated to defend a wrongful death action. From […]

43 P.2d 162 DIERKS v. FISCHER ET AL. No. 13,421.Supreme Court of Colorado. Decided March 25, 1935. Money demand involving attachment proceedings. Judgment for plaintiff. Affirmed. 1. CONTRACTS — Mining Property — Construction. Provisions of a contract involving mining property reviewed and the instrument held to be an option contract and not an agreement of […]

The People of the State of Colorado, Plaintiff-Appellee, v. Bobby J. Johnson, Defendant-Appellant. No. 85CA1680Colorado Court of Appeals. Decided March 3, 1988. Rehearing Denied March 31, 1988. Certiorari Denied July 5, 1988 (88SC186). Appeal from the District Court of El Paso County Honorable Robert M. Elliott, Judge Page 1099 Duane Woodard, Attorney General, Charles B. […]

(367 P.2d 909) BOARD OF COUNTY COMMISSIONERS OF ADAMS COUNTY v. NATIONAL TEA COMPANY D/B/A MILLER’S SUPER MARKETS, INC. No. 19,823.Supreme Court of Colorado. Decided January 15, 1962. From a judgment ordering issuance of a beverage license, the Board of County Commissioners brings error. Affirmed. 1. INTOXICATING LIQUOR — Licensing Authority — Discretion. In acting […]

137 P.2d 417 BRYANT ET AL. v. HAYDEN COAL COMPANY ET AL. No. 15,079.Supreme Court of Colorado. Decided May 3, 1943. A proceeding involving payment of unemployment compensation. The judgment of the district court was adverse to claimants. Reversed. 1. MASTER AND SERVANT — Unemployment Compensation — Commission Findings — Appeal and Error. In controversies […]

Dianne R. Winkler, Plaintiff-Appellee, v. Rocky Mountain Conference of the United Methodist Church, a Colorado non-profit corporation, and Glenn Chambers, Defendants-Appellants. Nos. 94CA0652, 94CA0661Colorado Court of Appeals. Decided November 9, 1995 Opinion Modified, and As Modified, Petitions for Rehearing DENIED January 18, 1996. Petitions for Writ of Certiorari DENIED September 3, 1996 Appeal from the […]

The People of the State of Colorado, Plaintiff-Appellee, v. One 1979 Volkswagen, VIN 1592033253, Katherine Baker and all unknown parties who may claim an interest in the subject matter of this action, Defendants-Appellants. No. 87CA1742Colorado Court of Appeals. Decided March 2, 1989. Rehearing Denied March 30, 1989. Appeal from the District Court of El Paso […]

(337 P.2d 599) LEON LOWRY v. PEOPLE OF THE STATE OF COLORADO. No. 18,578.Supreme Court of Colorado. Decided April 6, 1959. Defendant was convicted of the theft of a Shetland pony and brings error. Affirmed. 1. CRIMINAL LAW — Witnesses — Testimony — Former Trial. Permitting the prosecution to examine a witness as to his […]

The People of the State of Colorado, Plaintiff-Appellee, v. Brian V. Prendergast, Defendant-Appellant. No. 02CA1148.Colorado Court of Appeals. October 9, 2003. Certiorarit Denied April 12, 2004.[*] [*] Justice KOURLIS does not participate. Justice BENDER would grant as to the following issue: Whether the court of appeals erred in affirming the trial court’s denial of the […]

(565 P.2d 970) Western Casualty and Surety Company v. Roy Bowling No. 76-462Colorado Court of Appeals. Decided May 26, 1977. After insured under automobile liability policy had obtained settlement from tortfeasor, insurer sought reimbursement under policy provision for medical payments made to its insured. Insured refused, and insurer brought action and obtained summary judgment. Insured […]

(305 P.2d 1063) SAMMY ABEYTA, ET AL. v. PEOPLE OF THE STATE OF COLORADO. No. 18,117.Supreme Court of Colorado. Decided January 14, 1957. Rehearing denied February 4, 1957. Defendants were convicted of forcible rape and bring error. Affirmed. 1. CRIMINAL LAW — Evidence — Directed Verdict. Where there is some competent evidence favoring the prosecution […]

(384 P.2d 82) GERALD P. TESONE, A MINOR, ET AL., v. SCHOOL DISTRICT NO. RE-2, BOULDER COUNTY. No. 20,293.Supreme Court of Colorado. Decided July 29, 1963. Action by minor against school district for injuries allegedly resulting from negligence. Judgment for defendant. Affirmed. 1. SCHOOLS AND SCHOOL DISTRICTS — Negligence — Liability — Immunity — Stare […]

In re the Marriage of: Edna Mae Vincent, Appellant, and Jack F. Vincent, Appellee. No. 83CA1183Colorado Court of Appeals. Decided October 17, 1985. Appeal from the District Court of Park County Honorable O. Edward Schlatter, Judge Drummond Dougherty, P.C., Donald G. Drummond for Appellant. Larry Dean Allen, for Appellee. Division II. Opinion by JUDGE VAN […]

The People of the State of Colorado, ex rel. Duane Woodard, Attorney General of the State of Colorado, Petitioner-Appellee, Cross-Appellant, v. Mountain States Telephone and Telegraph Company, a Colorado corporation; US West, Inc., a Colorado corporation; Landmark Publishing Company, a Colorado corporation; and US West Direct Company, a Colorado corporation, Respondents-Appellants, Cross-Appellees. No. 85SA307Supreme Court […]

(572 P.2d 472) Donald C. Menne v. Marsha S. Menne No. 27563Supreme Court of Colorado. Decided November 29, 1977. Appeal by father from a portion of a dissolution decree granting custody of a five-year-old female child to her mother. Affirmed 1. DIVORCE — Custody — Mother — Contention — Denial of Equal Protection — Basis […]

The People of the State of Colorado, Complainant, v. Allan David Abelman, Attorney-Respondent. No. 87SA161Supreme Court of Colorado. Decided October 5, 1987. Original Proceeding in Discipline Page 487 Linda S. Donnelly, Disciplinary Prosecutor, George S. Meyer, Deputy Disciplinary Prosecutor, for Complainant. Haddon, Morgan Forman, P. C., Bryan Morgan, for Attorney-Respondent. EN BANC JUSTICE VOLLACK delivered […]

The People of the State of Colorado, In the Interest of A.W.R., a Child, Upon the Petition of the Denver Department of Human Services, Petitioner-Appellee, and Concerning S.L.F. and L.L.R., Respondents, and Concerning P.E., Intervenor-Appellant. No. 99CA1188.Colorado Court of Appeals. September 14, 2000. Appeal from the Juvenile Court of the City and County of Denver, […]

(231 P.2d 962) EDMUNDS ET AL. v. ALLEN ET AL. No. 16,631.Supreme Court of Colorado. Decided May 14, 1951. An action on a promissory note. Judgment for plaintiffs. Cause Remanded with Directions. 1. APPEAL AND ERROR — Judgments. In an action on a promissory note given in a transaction involving certain real estate and personal […]

(362 P.2d 178) JOHN GALLEGOS v. PEOPLE OF THE STATE OF COLORADO. No. 19,370.Supreme Court of Colorado. Decided May 22, 1961. Defendant was convicted of murder and brings error. Affirmed. 1. CRIMINAL LAW — Evidence — Statement of Defendant. Testimony of an officer reciting statement voluntarily made by defendant a few minutes after commission of […]

3 P.2d 1077 MILOW v. THE PEOPLE. No. 12,797.Supreme Court of Colorado. Decided October 5, 1931. Plaintiff in error was convicted of statutory rape. Affirmed. On Application for Supersedeas. 1. CRIMINAL LAW — Exclusion of Witness. In a criminal prosecution for rape, no objection being made to the exclusion of a defendant’s witness — his […]

Barnaby Pedge and Uplink Computing Solutions, Inc., Plaintiffs-Appellees, v. RM Holdings, Inc., a New Mexico corporation, and Vantage Point Office Park Association, a Colorado corporation, jointly and severally, Defendants-Appellants. No. 01CA2239.Colorado Court of Appeals. Div. V. December 19, 2002. Boulder County District Court No. 00CV1098; Honorable Carol Glowinsky, Judge JUDGMENT REVERSED AND CASE REMANDED WITH […]

(552 P.2d 520) Guy Duckworth v. M.M. Cole Publishing Co., an Illinois corporation, and Shepard Stern, individually as an officer of said corporation No. 75-479Colorado Court of Appeals. Decided June 3, 1976. Rehearing denied June 24, 1976. Certiorari denied August 3, 1976. Breach of contract action against Illinois corporation premised on use of long-arm statute. […]

The People of the State of Colorado, Petitioner-Appellee, In the Interest of M.H., a Child, and Concerning T.H., Respondent-Appellant. No. 92CA0002Colorado Court of Appeals. Decided December 3, 1992. Rehearing Denied February 4, 1993. Certiorari Denied June 14, 1993 (93SC151). Appeal from the District Court of Adams County Honorable John Popovich, Judge Page 16 Robert J. […]

68 P.2d 1117 D. F. BLACKMER FURNITURE AND CARPET COMPANY v. BINGHAM, EXECUTRIX. No. 13,957.Supreme Court of Colorado. Decided May 10, 1937. Judgment affirmed in department without written opinion, Mr. Chief Justice Burke, Mr. Justice Young and Mr. Justice Bakke, participating. Error to the District Court of the City and County of Denver, Hon. James […]

(401 P.2d 608) ESTHER SUSSMAN v. DOROTHY BARASH, EXECUTRIX OF THE ESTATE OF SOLOMON BARASH, DECEASED. No. 20667.Supreme Court of Colorado. Decided May 3, 1965. From a dismissal of her claim against her deceased brother’s estate, the claimant brought error. Reversed and Remanded. 1. WITNESSES — Interest — Gain or Lose — Exclusion of Testimony […]

Robert Earl Godbold v. The District Court in and for the Twenty-first Judicial District, and Charles A. Buss, one of the Judges thereof No. 80SA327Supreme Court of Colorado. Decided February 2, 1981. Original Proceeding J. Gregory Walta, State Public Defender, Harvey M. Palefsky, Deputy, for petitioner. Terrance Farina, District Attorney, Arthur R. Smith, Chief Deputy, […]

Paul G. Salle, Plaintiff-Appellee, v. William B. Howe d/b/a Green Mountain Cemetery, Defendant-Appellee, And Concerning Stephen R. Ehrlich and Lee Jay Belstock, Petitioners-Appellants. No. 88CA1160Colorado Court of Appeals. Decided March 29, 1990. Rehearing Denied May 17, 1990. Appeal from the District Court of Boulder County Honorable Richard C. McLean, Judge Page 629 No Appearance for […]

(586 P.2d 1006) The People of the State of Colorado v. James C. Germany No. 77-578Colorado Court of Appeals. Decided September 7, 1978. Rehearing denied September 21, 1978. Certiorari granted November 27, 1978. Arrested in connection with theft of wallet from patient in hospital, defendant was convicted of second degree burglary and of being an […]

(577 P.2d 762) Martin Richard Israel and Tammy Lee Bannon Israel v. Norman C. Allen, County Clerk and Recorder of Jefferson County No. 27823Supreme Court of Colorado. Decided April 24, 1978. Appeal from a decision of the district court holding a provision of the Colorado Uniform Marriage Act unconstitutional as violative of equal protection of […]

Morgan County Feeders, Inc., a Colorado corporation, Plaintiff-Appellee, v. James L. McCormick, Jr., Interested Third-Party-Appellant. No. 91CA0790Colorado Court of Appeals. Decided July 30, 1992. Appeal from the District Court of Morgan County Honorable Douglas R. Vannoy, Judge Page 1052 Berryhill, Cage North, P.C., Jack W. Berryhill, Gary C. Moschetti, Magdalena C. Bowen, for Plaintiff-Appellee. Johnson […]

(550 P.2d 334) Pauline J. Johnson v. Division of Employment, State of Colorado, and Industrial Commission of Colorado, (Ex-officio Unemployment Compensation Commission of Colorado) No. 27021Supreme Court of Colorado. Decided June 1, 1976. Appeal from decision of Industrial Commission denying application of claimant to unemployment compensation benefits. Affirmed 1. UNEMPLOYMENT COMPENSATION — Benefits — Reduction […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Bruce Lee SOMMERFELD, Defendant-Appellant. No. 07CA1983.Colorado Court of Appeals. June 11, 2009. Appeal from the District Court, City and County of Denver, Shelley I. Gilman, J. Page 571 John W. Suthers, Attorney General, Wendy J. Ritz, First Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee. Douglas K. […]

The People of the State of Colorado, Complainant, v. Charles M. Radosevich, Attorney-Respondent. No. 89SA86Supreme Court of Colorado. Decided October 30, 1989. Original Proceeding in Discipline Linda Donnelly, Disciplinary Counsel, for Complainant. Charles M. Radosevich, Pro Se. EN BANC JUSTICE LOHR delivered the Opinion of the Court. [1] This is an attorney discipline case in […]

46 P.2d 80 HIGHLAND UTILITIES COMPANY v. PUBLIC UTILITIES COMMISSION ET AL. No. 13,555.Supreme Court of Colorado. Decided April 22, 1935. Modified opinion filed and rehearing denied May 20, 1935. On petition for writ of certiorari to review an order of the Public Utilities Commission directing plaintiff to continue to render electric service to the […]

66 P.2d 325 VALDEZ, GUARDIAN v. SHAW ET AL. No. 13,887.Supreme Court of Colorado. Decided March 1, 1937. Proceeding for the determination of heirship. Judgment for respondents. Affirmed. 1. DESCENT AND DISTRIBUTION — Children — Statutory Construction. “Children surviving,” mentioned in C. L. § 5151, means those born in wedlock. 2. Children — Legitimacy. A […]

(430 P.2d 90) Continental Oil Company, a Corporation v. Raye L. Benham, Ruth M. Benham, and Russell Hindmarch, individually and as Public Trustee for the County of Montezuma. No. 21620.Supreme Court of Colorado. Decided July 17, 1967. From judgment refusing to set aside sheriff’s sale on execution and levy of a piece of judgment debtors’ […]

City and County of Denver, a home rule city and a Colorado municipal corporation; and Cheryl D. Cohen, Manager of Revenue, City and County of Denver, Petitioners/Cross-Respondents, v. United Air Lines, Inc., a Delaware corporation authorized to transact business in the State of Colorado, Respondent/Cross-Petitioner. No. 98SC431Supreme Court of Colorado. September 11, 2000 Certiorari to […]

(441 P.2d 7) Michael Vigil, by and through his next friend and father, Phillip Vigil v. William J. Kinney and Carroll M. Fishencord. No. 22147.Supreme Court of Colorado. Decided May 20, 1968. Action by infant, through his father as next friend, for injuries sustained as a result of an auto-bicycle accident. Judgment for defendant driver […]

The People of the State of Colorado, Complainant, v. William G. Ross, Attorney-Respondent. No. 94SA111Supreme Court of Colorado. Decided May 2, 1994 Original Proceeding in Discipline ATTORNEY SUSPENDED Linda Donnelly, Disciplinary Counsel, John S. Gleason, Assistant Disciplinary Counsel of Denver, Colorado, Attorneys for Complainant William G. Ross, Pro Se, of Arvada, Colorado EN BANC PER […]

The People of the State of Colorado, Complainant, v. James David Kimo Smith, Attorney-Respondent. No. 88SA127Supreme Court of Colorado. Decided April 17, 1989. Rehearing Denied May 15, 1989 Original Proceeding in Discipline. Linda Donnelly, Disciplinary Counsel, George S. Meyer, Deputy Disciplinary Counsel, for Complainant. Respondent Appearing Pro Se. EN BANC Page 523 CHIEF JUSTICE QUINN […]

Robert Ellsworth, Petitioner, v. The People of the State of Colorado, Respondent. No. 98SC459Supreme Court of Colorado. November 1, 1999 Certiorari to the District Court, Chaffee County, Honorable Kenneth M. Plotz, Judge ORDER REVERSED AND REMANDED WITH DIRECTIONS Bruno, Bruno Colin, P.C., Marc F. Colin, Douglas Jewell, R. Stephen Hall, Denver, Colorado, Attorneys for Petitioner. […]

(432 P.2d 631) Kensair Corp. v. Century Casualty Company. No. 21862.Supreme Court of Colorado. Decided October 23, 1967. Action by insurer against corporation claiming that it was subrogated to the rights of the insured to recover for damage to airplane. Judgment for plaintiff. Affirmed. 1. SUBROGATION — Insurer — Damages — Airplane — Negligence — […]

(423 P.2d 322) Robert Levil Andrews, a/k/a James Alonza Daniel, a/k/a Robert Levie Andrews v. The People of the State of Colorado. No. 21802.Supreme Court of Colorado. Decided February 6, 1967. Defendant was convicted of forgery and brought error. Affirmed. 1. INDICTMENT and INFORMATION — Forgery — Affidavit — Name — Defendant — Rules. There […]

The People of the State of Colorado, Plaintiff-Appellee, v. Ricky N. Sparks, Defendant-Appellant. No. 94CA0365Colorado Court of Appeals. Decided February 22, 1996 Appeal from the District Court of Gilpin County, Honorable Kenneth Barnhill, Judge, No. 93CR28. ORDER AFFIRMED Page 545 Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy Attorney General, Page 546 Timothy […]

Thomas LOAR and Donna Loar, Petitioners-Appellants, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a/k/a State Farm Insurance Company, Respondent-Appellee. No. 04CA2511.Colorado Court of Appeals. April 6, 2006. Rehearing Denied May 18, 2006.[*] Certiorari Denied Oct. 16, 2006. [*] Furman, J., would GRANT. Appeal from the District Court, Larimer County, James H. Hiatt, J. Page 1084 […]

(564 P.2d 953) Century Electric Service and Repair, Inc., a Colorado corporation, and David L. McDowell v. John Stone, Director of the Denver Building Department, Richard Armstrong, Supervisor thereof, and The City and County of Denver, a body politic v. The People of the State of Colorado ex rel. Colorado Electrical Board No. 27088Supreme Court […]