Category: Colorado Court Opinions

(225 P.2d 1044) MacARTHUR, MANAGER OF SAFETY v. SANZALONE. No. 16,589.Supreme Court of Colorado. Decided December 18, 1950. An action involving an application for a retail liquor store license to sell alcoholic liquors. The trial court ordered the issuance of a license. Reversed. 1. INTOXICATING LIQUORS — Licenses — Remonstrances. There is no requirement in […]

The People of the State of Colorado, Complainant, v. Israel Galindo, Attorney-Respondent. No. 95SA322Supreme Court of Colorado. Decided November 28, 1995 Original Proceeding in Discipline Page 78 ATTORNEY SUSPENDED AND RESTITUTION ORDERED Linda Donnelly, Disciplinary Counsel, James C. Coyle, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. No Appearance by Attorney-Respondent. EN BANC PER CURIAM […]

(313 P.2d 715) JOHN L. ARMBECK v. PEOPLE OF THE STATE OF COLORADO. No. 18,265.Supreme Court of Colorado. Decided July 22, 1957. Defendant was convicted of burglary and brings error. Writ of Error Dismissed. 1. CRIMINAL LAW — Rules — Abstract of Record — Assignments of Error. Where no abstract or record or assignments of […]

(525 P.2d 435) The People of the State of Colorado v. Frank Hancock No. 25591Supreme Court of Colorado. Decided August 6, 1974. Defendant was convicted of aggravated robbery and assault with a deadly weapon — both of which arise out of the same incident — and appealed. Affirmed in Part, Reversed in Part. 1. SEARCHES […]

(377 P.2d 117) WILLIAM B. ROOT v. ROBERT E. ALLEN No. 19,750.Supreme Court of Colorado. Decided December 24, 1962. Habeas corpus action involving custody of minor child. From an adverse judgment the petitioner brings error. Affirmed. 1. PARENT AND CHILD — Custody — Natural Parent — Right — Welfare of Child. A natural father, shown […]

EDGE TELECOM, INC. and Robert DeGraw, Plaintiffs-Appellants, v. STERLING BANK, Defendant-Appellee. No. 05CA0827.Colorado Court of Appeals. August 10, 2006. Appeal from the City and County of Denver District Court, Shelley I. Gilman, J. Page 1156 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

Tonya Uptain, Petitioner, v. Huntington Lab, Inc., Respondent. No. 84SC136Supreme Court of Colorado. Decided August 25, 1986. Certiorari to the Colorado Court of Appeals Page 1323 Alan E. Johnson, for Petitioner. Hamilton, Shand McLachlan, P.C., Michael E. McLachlan, for Respondent. EN BANC JUSTICE KIRSHBAUM delivered the Opinion of the Court. [1] We granted certiorari to […]

In re the Interest of L.F., Ronald R. Thomasson, Appellant, and Patricia J. Fiedler, Appellee. No. 01CA2350Colorado Court of Appeals. September 12, 2002 Jefferson County District Court No. 98DR2627; Honorable Jack W. Berryhill, Judge ORDER VACATED AND CASE REMANDED WITH DIRECTIONS C. Bert Dempsey, Boulder, Colorado, for Appellant No Appearance for Appellee Division IV Ney […]

The City and County of Denver; The Department of Public Works and Division of Wastewater Management Thereof, Petitioners, v. The Mountain States Telephone and Telegraph Company, a Colorado corporation, Respondent. No. 86SC203Supreme Court of Colorado. Decided May 23, 1988. Certiorari to the Colorado Court of Appeals Stephen H. Kaplan, City Attorney, Andrew, L. Weber, Assistant […]

Colorado Division of Insurance and Clay A. Heath, Appellees, v. Midwest Mutual Insurance Company, Appellant. No. 97CA0898Colorado Court of Appeals. July 9, 1998 Appeal from the Colorado Division of Insurance, No. 97-85843HAB ORDER AFFIRMED Page 1159 Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, Stephen G. […]

(307 P.2d 200) ROCKY MOUNTAIN FUEL COMPANY, ET AL. v. PROVIDENCE WASHINGTON INSURANCE COMPANY, ET AL. No. 17,814.Supreme Court of Colorado. Decided February 11, 1957. An action to recover losses under fire insurance policies. Judgment for plaintiffs in an amount less than claimed and they bring error. Affirmed. 1. INSURANCE — Fire Policy — Rider […]

The People of the State of Colorado, Plaintiff-Appellee, v. Howard L. Ross, Defendant-Appellant. No. 89CA0032Colorado Court of Appeals. Decided February 28, 1991. Opinion Modified, and as Modified, Rehearing Denied June 27, 1991. Cross Petition for Certiorari Granted November 12, 1991 (91SC432). Page 508 Certiorari Denied November 12, 1991 (ROSS). Certiorari Granted on the following issues: […]

The People of the State of Colorado, Plaintiff-Appellant v. Wade Paul Miller, Defendant-Appellee. No. 03SA107.Supreme Court of Colorado. EN BANC. September 8, 2003. Interlocutory Appeal from the Fremont County District Court, Case No. 03CR11, Honorable Julie G. Marshall, Judge. ORDER AFFIRMED. Page 1109 No. 03SA107, People v. Miller — Suppression Order — C.A.R. 4.1 — […]

Kurt F.G. Jafay, Petitioner, v. Board of County Commissioners of Boulder County, State of Colorado, Respondent. No. 91SC622Supreme Court of Colorado. Decided March 8, 1993. Opinion Modified, and as Modified Rehearing Denied April 19, 1993. Certiorari to the Colorado Court of Appeals Jean E. Dubofsky, P.C., Jean E. Dubofsky, William S. Stuller; Miller, Leher Steiert, […]

(405 P.2d 675) State of Colorado, ET AL. v. Hallie L. Richards, ET AL. No. 21340Supreme Court of Colorado. Decided September 13, 1965. From a judgment of the district court affirming the findings and award of the Industrial Commission in a proceeding arising out of the Workmen’s Compensation Act, the plaintiffs brought error. Affirmed. 1. […]

(593 P.2d 321) Francis Marc Kraft v. District Court in and for the City and County of Denver and Alvin D. Lichtenstein, District Court Judge No. 28309Supreme Court of Colorado. Decided January 15, 1979. Original proceeding in the nature of prohibition by father of minor child to restrain respondent district court from exercising jurisdiction under […]

Randall J. Hrabczuk, Petitioner, v. John Lucas Landscaping and Colorado Compensation Insurance Authority, and the Industrial Claim Appeals Panel of the State of Colorado, Respondent. No. 94CA0584Colorado Court of Appeals. Decided December 15, 1994 Review of Order from the Industrial Claim Appeals Office of the State of Colorado WC No. 3993396. ORDER AFFIRMED. Page 368 […]

Academy of Charter Schools, a charter school; Academy of Charter Schools Association, a voluntary association; Wanda Barnes; John Kircher; Mindie Knowles; Eric Sanderson; Brenda Soucie; Philip Winkler; Evalee Winkler, Petitioners, v. Adams County School District No. 12; Board of Education, Adams County School District No. 12, Respondents. No. 99SC548Supreme Court of Colorado. September 17, 2001 […]

In re the Marriage of Sally Anne Gray, Appellee, and M. Robert Gray, Appellant. No. 89CA1774Colorado Court of Appeals. Decided March 14, 1991. Rehearing Denied April 11, 1991. Certiorari Denied July 29, 1991 (91SC277). Appeal from the District Court of Arapahoe County Honorable James C. Flanigan, Judge Linda Wade Hurd, for Appellee. Jon Slaughter Pelegrin, […]

(390 P.2d 480) RED BALL MOTOR FREIGHT, INC., v. THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO, ET AL. No. 20,809.Supreme Court of Colorado. Decided March 23, 1964. Proceeding for review of order of Public Utilities Commission granting Rio Grande Motor Way certificate permitting competition with Red Ball Motor Freight, Inc. From a judgment […]

The People of the State of Colorado, Plaintiff-Appellee, v. Paul M. Sandoval, Defendant-Appellant. No. 83CA1339Colorado Court of Appeals. Decided June 27, 1985. Rehearings Denied July 25, 1985. Certiorari Denied December 16, 1985. Appeal from the District Court of Pueblo County Honorable Richard Robb, Judge Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, […]

The People of the State of Colorado v. Germaine Riggs, #80CR478, Benancio Hernandez, #80CR598, Russell Turner, #80CR544 No. 81SC2Supreme Court of Colorado. Decided October 26, 1981. Certiorari to the District Court of Boulder County Page 557 Alexander M. Hunter, District Attorney, John Friedland, Deputy, for petitioner. Harry H. Holmes, Carol J. Huber, for respondents Riggs […]

(483 P.2d 1337) Public Service Company of Colorado, a Colorado corporation v. The Public Utilities Commission of The State of Colorado, Henry E. Zarlengo, Ralph C. Horton, and Howard S. Bjelland, the individual members of said Commission, and Holy Cross Electric Association, Inc., a Co-operative corporation. No. 24365.Supreme Court of Colorado. Decided April 12, 1971. […]

Lindner Chevrolet and Colorado Compensation Insurance Authority, Petitioners, v. The Industrial Claim Appeals Office of the State of Colorado and Michael C. Keefner, Respondents. No. 95CA0438Colorado Court of Appeals. Decided November 9, 1995 Petition for Rehearing DENIED December 21, 1995 Certiorari Denied April 8, 1996 Review of Order from the Industrial Claim Appeals Office of […]

16 P.2d 1120 MILLS, ADMINISTRATOR v. HAMMER. No. 13,172.Supreme Court of Colorado. Decided November 21, 1932. Judgment affirmed en banc on application for supersedeas without written opinion. Page 543 Error to the District Court of El Paso County, Hon. John C. Young, Judge. Mr. JOHN M. BOYLE, Mr. A. C. R. SWENSON, for plaintiff in […]

Mary M. Land v. James Hill and Safeway Stores, Inc., a Maryland corporation No. 79CA0710Colorado Court of Appeals. Decided November 19, 1981. Opinion modified and as modified petition for rehearing denied December 17, 1981. Certiorari denied March 29, 1982. Appeal from the District Court of the City and County of Denver, Honorable Richard Plank, Judge. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Sergio Cuevas, Defendant-Appellant. No. 85CA0959Colorado Court of Appeals. Decided May 28, 1987. Rehearing Denied June 25, 1987. Appeal from the District Court of El Paso County Honorable John F. Gallagher, Judge. Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, Solicitor […]

Mountain City Meat Co. and Colorado Compensation Insurance Authority, Petitioners, v. Emiliano Oqueda and The Industrial Claim Appeals Office of the State of Colorado, Respondents. DeWitt Transportation and Colorado Compensation Insurance Authority, Petitioners, v. The Industrial Claim Appeals Office of the State of Colorado and Chalmers Shropshire, Respondents. Heating Plumbing Engineers and Nationwide/Wausau Insurance, Petitioners, […]

Arthur Mauldin, Plaintiff-Appellant, v. G. Charles Panella; James E. Herrington, Jr.; Jim Borland; Beverly N. Campbell; Garry C. Wykoff, and Paula J. Wycoff; Harry R. Stoll, and Dorothy L. Stoll; Lloyd G. Thomas, Jr., and Jeannine Thomas; John E. Pexton, and Lela J. Pexton; Donna M. Vanderbilt; Gary A. Johnson, and Carolyn L. Johnson; Kay […]

Denise L. Stern, Petitioner, v. The Industrial Commission of the State of Colorado (ex officio Unemployment Compensation Commission of Colorado), and The University of Colorado, UMC Food Service, Respondents. No. 81SC24Supreme Court of Colorado. Decided November 8, 1982. Certiorari to the Colorado Court of Appeals Stern, Newton and Peters, P.C., Ronald S. Stern, for petitioner. […]

(467 P.2d 828) Gary Allen Gilmore v. The People the State of Colorado. No. 23460.Supreme Court of Colorado. Decided April 6, 1970. Defendant was convicted of simple assault and unnatural carnal copulation, and sought reversal of his conviction on the charge of unnatural carnal copulation. Affirmed. 1. SODOMY — Cunnilingus — Legislative Intent — Crime […]

(260 P.2d 735) HOUPT v. TOWN OF MILLIKEN. No. 17,003.Supreme Court of Colorado. Decided August 24, 1953. An action for injunction restraining a municipal corporation from enforcing an ordinance forbidding the sale of 3.2 per cent beer between the hours of twelve o’clock midnight on Saturday and eight o’clock A.M. on the following Monday. Judgment […]

In the Matter of the Title, Ballot Title and Submission Clause, and Summary for 1999-2000 #215 (Prohibiting Certain Open Pit Mining), Stuart Sanderson and Colorado Mining Association, Petitioners, v. Colin James Henderson and Ignacio Rodriguez, Respondents, and William Hobbs, Alan J. Gilbert, and Charles W. Pike, Title Board. No. 00SA199Supreme Court of Colorado. July 3, […]

(325 P.2d 275) GLEN E. SHEELEY v. BOARD OF COUNTY COMMISSIONERS OF COSTILLA COUNTY. No. 18,510.Supreme Court of Colorado. Decided May 12, 1958. Action in the nature of mandamus to compel the issuance of a liquor license. From a judgment and order remanding the matter to the Board of County Commissioners for further proceedings, the […]

62 P.2d 572 LARSON ET AL. v. KALCEVIC. No. 13,765.Supreme Court of Colorado. Decided October 19, 1936. Action for damages growing out of an automobile collision. Judgment for plaintiff. Affirmed. 1. APPELLATE PRACTICE — Divided Court. One justice not participating, and the others being equally divided as to what disposition should be made of the […]

A.D. Store Company, Inc., a Colorado corporation, d/b/a Auer’s, Petitioner v. Executive Director of the Department of Revenue of the State of Colorado, Respondent. No. 99SC861Supreme Court of Colorado. January 29, 2001 Certiorari to the Colorado Court of Appeals Court of Appeals, No. 98CA1455. JUDGMENT REVERSED AND CASE REMANDED Page 681 No. 99SC861: A.D. Store […]

The People of the State of Colorado, Plaintiff-Appellant, v. Roy Damian Mitchell, Defendant-Appellee. The People of the State of Colorado, Plaintiff-Appellant, v. Sharon Gallegos, Defendant-Appellee. No. 94SA444, 95SA50Supreme Court of Colorado. Decided October 10, 1995 Rehearing Denied (Mitchell) November 14, 1995 Appeal from the District Court, Pueblo County Honorable C. Dennis Maes, Judge JUDGMENT REVERSED […]

State Department of Highways, Division of Highways, State of Colorado, Petitioner-Appellant, v. Interstates-Denver West, Respondent-Appellee. No. 88CA1150Colorado Court of Appeals. Decided September 7, 1989. Appeal from the District Court of Jefferson County Honorable James D. Zimmerman, Judge Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, Solicitor General, Thomas W. […]

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Michael C. TAYLOR, Defendant-Appellee. No. 03CA0374.Colorado Court of Appeals. Division IV. July 1, 2004. Certiorari Denied December 20, 2004.[*] [*] Justice MARTINEZ would grant as to the following issues: Whether, in order to be entitled to a preliminary hearing for a class 5 felony under section […]

(358 P.2d 1011) ALICE V. BURCH, INDIVIDUALLY AND AS ADMINISTRATRIX OF ESTATE OF DONALD J. BURCH, DECEASED, ET AL. v. JOHN T. BURCH. No. 19,016.Supreme Court of Colorado. Decided December 23, 1960. Rehearing denied February 14, 1961. Action against administratrix for accounting of interest in business and property. Judgment for plaintiff. Affirmed. 1. CONTRACTS — […]

(431 P.2d 778) Lula A. McGlasson v. Ray Barger, Joseph Barth, Gertrude Corkery, Jacqueline Wilcox, Charles F. Garcia, Earl Yates, William Lindhorst, Harold E. Cunningham and Katheryn Paskovitch. No. 21589.Supreme Court of Colorado. Decided September 6, 1967. Rehearing denied October 2, 1967. Action to recover damages against defendants for wrongfully conspiring to cause and induce […]

(529 P.2d 305) Barrett N. Nevard v. Richard D. Conn, Sheriff of Gilpin County, Colorado No. 26473Supreme Court of Colorado. Decided December 16, 1974. Extradition proceedings initiated by Governor of South Carolina for removal of fugitive from Colorado for prosecution of a felony committed in South Carolina and fugitive petitioned for a writ of habeas […]

Copper Mountain, Inc., Petitioner, v. Poma of America, Inc., Respondent. No. 93SC439Supreme Court of Colorado. Decided February 6, 1995 Certiorari to the Colorado Court of Appeals JUDGMENT AFFIRMED Page 101 Holland Hart, Scott S. Barker, Marcy G. Glenn, Denver, Colorado, Attorneys for Petitioner. Gallo Godfrey, Brett Marshall Godfrey, Laura E. David, Denver, Colorado, Attorneys for […]

In the Matter of the Claim of: The Dependents of John P. Butkovich (deceased) and T.L. Printz Construction Company, Petitioners in 86SC43, v. Industrial Commission of Colorado and State Compensation Insurance Fund, Respondents in 86SC43. and Roger Fleshman, Petitioner in 86SC99, v. Industrial Commission of Colorado; State Compensation Insurance Fund, 79-08981; Major Medical Insurance Fund; […]

(238 P.2d 202) CAPITOL FIXTURE AND SUPPLY COMPANY v. SHAW. No. 16,569.Supreme Court of Colorado. Decided November 26, 1951. An action involving a money demand for goods manufactured for, and delivered to, defendant by plaintiff. Judgment for plaintiff. Per Curiam. Judgment affirmed en banc without written opinion. Error to the District Court of the City […]

The People of the State of Colorado v. Terry Lee Flower No. 80CA0809 No. 80CA2089Colorado Court of Appeals. Decided December 3, 1981. Rehearing denied January 7, 1982. Certiorari granted March 22, 1982. Appeal from the District Court of Pueblo County, Honorable Richard D. Robb, Judge. Page 65 J.D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy […]

166 P.2d 789 O’DAY v. THE PEOPLE. No. 15,638.Supreme Court of Colorado. Decided January 7, 1946. Rehearing denied February 25, 1946. Plaintiff in error was found guilty of aggravated robbery. Cause Remanded for Imposition of Proper Sentence. 1. CRIMINAL LAW — Statutes — Sentence. The phrase, “not less than two years, or for life,” appearing […]

79 P.2d 653 CURRY v. CURRY. No. 14,302.Supreme Court of Colorado. Decided May 2, 1938. Rehearing denied June 6, 1938. An order was entered by the trial court reducing the amount of monthly alimony payments awarded a wife upon the rendition of a decree of divorce in her favor. Reversed. 1. DIVORCE AND ALIMONY — […]

The People of the State of Colorado, Plaintiff-Appellee, v. Michael Ray Nastiuk, Defendant-Appellant. No. 93CA1602Colorado Court of Appeals. Decided June 29, 1995 Petition for Rehearing DENIED August 10, 1995 Petition for Rehearing DENIED March 18, 1996 Appeal from the District Court of Garfield County Honorable Thomas W. Ossola, Judge No. 89CR169. Page 422 SENTENCE AFFIRMED. […]

The People of the State of Colorado, Plaintiff-Appellee/Cross-Appellant, v. Frank D. Rodriguez, Defendant-Appellant/Cross-Appellee. No. 91SA112Supreme Court of Colorado. March 11, 1996 As Modified on Denial of Rehearing April 15, 1996. Appeal from the District Court, City and County of Denver, Honorable Federico C. Alvarez, Judge. JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED […]

The People of the State of Colorado, Complainant, v. James P. Doherty, Attorney-Respondent. No. 95SA383Supreme Court of Colorado. Decided January 8, 1996 Original Proceeding in Discipline PUBLIC CENSURE Linda Donnelly, Disciplinary Counsel, John S. Gleason, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. James P. Doherty, Pro Se, Denver, Colorado. EN BANC PER CURIAM [1] […]

29 P.2d 374 CLAYTON COAL COMPANY ET AL. v. ZAK ET AL. No. 13,401.Supreme Court of Colorado. Decided December 22, 1933. Rehearing denied January 29, 1934. Proceeding under the Workmen’s Compensation Act. Judgment for claimant. Affirmed. 1. WORKMEN’S COMPENSATION — Final Award — Reopening Case. After an award of the Industrial Commission becomes final, the […]

TRANSAMERICA PREMIER INSURANCE COMPANY, n/k/a TIG PREMIER INSURANCE COMPANY, Petitioner, v. BRIGHTON SCHOOL DISTRICT 27J, a political subdivision of the State of Colorado, Respondent. No. 96SC227Supreme Court of Colorado. June 9, 1997 Petition for Rehearing DENIED August 4, 1997 Certiorari to the Colorado Court of Appeals JUDGMENT AFFIRMED Page 349 Quiat, Schlueter, Mahoney Ross, P.C., […]

Doris Lyons, Petitioner, v. Donald Nasby, d/b/a Cripple Creek Inn, Respondent. No. 87SC387Supreme Court of Colorado. Decided March 20, 1989. Certiorari to the Colorado Court of Appeals. Page 1251 Barash LeHouillier, Steven T. Nolan, for Petitioner. Zarlengo, Mott, Zarlengo Winbourn, Michelle Holland, for Respondent. EN BANC JUSTICE ERICKSON delivered the Opinion of the Court. I. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Joseph Martinez, Defendant-Appellant. No. 02CA0366.Colorado Court of Appeals. August 28, 2003. Rehearing denied October 9, 2003. Certiorari Denied February 17, 2004 Larimer County District Court No. 00CR1518; Page 1175 Honorable George E. Lohr, Judge. JUDGMENT AND SENTENCE AFFIRMED. Rothenberg and Vogt, JJ., concur. Page 1176 [EDITORS’ […]

Gordon E. Gjovig, and Elinore H. Gjovig, Plaintiffs-Appellees, v. Albert B. Spino, Sr., and Yolanda Spino and John P. Spino, Defendants-Appellants. No. 83CA1389Colorado Court of Appeals. Decided May 9, 1985. Appeal from the District Court of Chaffee County Honorable O. Edward Schlatter, Judge Carl Feldhamer and Associates, P.C., Carl Feldhamer, Mark Masters, for Plaintiffs-Appellees. Law […]

109 P.2d 899 GORDON v. WHEATRIDGE WATER DISTRICT ET AL. No. 14,882.Supreme Court of Colorado. Decided January 13, 1941. A suit under the Uniform Declaratory Judgments Act involving the constitutionality of chapter 175, S.L. ’39, concerning water and sanitation districts. Act upheld by the district court. Affirmed in Part. Reversed in Part. 1. CONSTITUTIONAL LAW […]

22 P.2d 168 WHITEHEAD v. BENNETT. No. 12,777.Supreme Court of Colorado. Decided May 1, 1933. Action to quiet title. Decree for plaintiff. Reversed. 1. REAL PROPERTY — Title — Payment of Taxes for Seven Years. To invoke successfully the provisions of C. L. § 6423, concerning title to real property acquired by possession and payment […]

In the Matter of the Estate of Marion E. Wires, Deceased, Beverly Rodriguez, Personal Representative-Appellee, v. Alfred A. Medina, Respondent-Appellant. No. 86CA1106Colorado Court of Appeals. Decided July 7, 1988. Rehearing Denied August 4, 1988. Certiorari Denied December 12, 1988 (88SC422). Appeal from the District Court of Larimer County Honorable John-David Sullivan, Judge Louise F. Miller, […]

(371 P.2d 452) PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO, ET AL., v. VERL HARVEY, INC., D/B/A DON WARD CO. ET AL. No. 19,698.Supreme Court of Colorado. Decided May 14, 1962. May 28, 1962, and June 11, 1962, rehearings denied. From a judgment vacating an order of the Public Utilities Commission granting a certificate […]

THE PEOPLE OF THE STATE OF COLORADO, Complainant, v. SAMUEL OSBORN KUNTZ, JR., Attorney-Respondent. No. 97SA164Supreme Court of Colorado. August 4, 1997 Original Proceeding in Discipline ATTORNEY DISBARRED Linda Donnelly, Disciplinary Counsel James C. Coyle, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. Samuel Osborn Kuntz, Jr., Pro Se, Colorado Springs, Colorado. EN BANC PER […]

New Hampshire Insurance Company, Plaintiff-Appellee, v. Constitution Associates, Stephen M. Field, Myra G. Field, Margaret Sofro, and Howard P. Summers, Defendants-Appellants. No. 94CA0105Colorado Court of Appeals. Decided May 18, 1995. Petition for Rehearing DENIED August 3, 1995. Certiorari Granted January 16, 1996. Opinion Modified, and As Modified, Petition for Rehearing DENIED Appeal from the District […]

(380 P.2d 673) BETTY S. LIGGETT v. HARRY J. LIGGETT. No. 20,097.Supreme Court of Colorado. Decided April 15, 1963. From an order awarding permanent alimony in a divorce action, the wife brings error. Affirmed. 1. APPEAL AND ERROR — Testimony — How Viewed. On writ of error the Supreme Court will view the testimony in […]

Sherry M. TIMM, Plaintiff-Appellant, PRUDENTIAL INSURANCE COMPANY OF AMERICA, a/k/a Prudential Financial, a/k/a Prudential Disability Management Services, Defendant-Appellee. No. 10CA0803.Colorado Court of Appeals. May 26, 2011. Appeal from the District Court, City and County of Denver, Robert S. Hyatt, J. Page 522 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

The People of the State of Colorado, Plaintiff-Appellee, v. Paul Louis Fields, Defendant-Appellant. No. 82CA0628Colorado Court of Appeals. Decided August 9, 1984. Rehearing Denied September 13, 1984. Certiorari Granted March 11, 1985. Appeal from the District Court of Arapahoe County Honorable Kenneth K. Stuart, Judge Page 750 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

(484 P.2d 1207) Raymond T. Sisneros v. The People of the State of Colorado. No. 23818.Supreme Court of Colorado. Decided May 17, 1971. Defendant was convicted of aggravated robbery and brought error. Affirmed. 1. INSTRUCTIONS, CRIMINAL — Aggravated Robbery — Request — Simple Robbery — Lack of Evidence — Denial — Proper. Where defendant was […]

THE PEOPLE OF THE STATE OF COLORADO, Complainant, v. DENNIS JOHN SOUSA Attorney-Respondent. No. 97SA158Supreme Court of Colorado. August 11, 1997 Original Proceeding in Discipline ATTORNEY DISBARRED Page 449 Linda Donnelly, Disciplinary Counsel, James S. Sudler, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. No Appearance by Attorney-Respondent. EN BANC PER CURIAM [1] This is […]

(285 P.2d 604) MARIO RONCE v. ELWOOD F. BAIR AND ALTA BAIR. No. 17,580.Supreme Court of Colorado. Decided July 11, 1955. Action for damages for breach of warranty in deed of Conveyance of real estate. Judgment for plaintiffs. Affirmed. Error to the District Court of Garfield County, Hon. Clifford H. Darrow, Judge. Mr. NEIL S. […]

Anthony Gilbert Apodaca, Petitioner, v. The People of the State of Colorado, Respondent. No. 83SC105Supreme Court of Colorado. Decided December 16, 1985. Opinion Modified, and as Modified. Rehearing Denied January 27, 1986. Certiorari to Colorado Court of Appeals Page 468 David F. Vela, Colorado State Public Defender, Margaret L. O’Leary, Deputy State Public Defender, Lyndy […]

Colorado Division of Employment and Training and Robert Hase, Director of Unemployment Insurance, Appellants, v. Audrey Denise Wells, n/k/a Audrey Denise Nettles, Appellee, and Warren Michael Young, Interested Party. No. 84CA0216Colorado Court of Appeals. Decided November 29, 1984. Appeal from the District Court of the City and County of Denver Honorable Warren O. Martin, Judge […]

(524 P.2d 626) Linda Brown v. J. S. Rosenbloom and Darryl Province No. 73-222Colorado Court of Appeals. Decided May 29, 1974. Rehearing denied July 18, 1974. Certiorari granted (Province) August 6, 1974. Petition for reconsideration denied (Brown). Certiorari granted (Rosenbloom) September 23, 1974. Action to recover for alleged negligence of defendant doctors in recommending release […]

The People of the State of Colorado, Plaintiff-Appellant, v. Luis Alvarado, Defendant-Appellee. No. 00SA252Supreme Court of Colorado. September 10, 2001 Interlocutory Appeal from the El Paso County District Court, Case No. 00CR72 Honorable Thomas L. Kennedy, Judge ORDER REVERSED No. 00SA252, People v. Alvarado: Criminal Procedure –Searchand Seizure — Probable Cause The supreme court reverses […]

Oloyea D. WALLIN, Plaintiff-Appellant, v. A. COSNER; W. Parker; P. Abert; John Doe, the Administrative Head; and Colorado Department of Corrections, Defendants-Appellees. No. 08CA0913.Colorado Court of Appeals. February 5, 2009. Appeal from the District Court, Crowley County, M. Jon Kolomitz, J. Oloyea D. Wallin, Pro Se. No Appearance for Defendants-Appellees. Opinion by Judge ROY. In […]

BRIGHTON PHARMACY, INC., and Donald Coble, Pharm.D., CDE, Appellants, v. COLORADO STATE PHARMACY BOARD, Appellee. No. 05CA2358.Colorado Court of Appeals. April 5, 2007. Page 413 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 414 Ducker, Montgomery, Aronstein Bess, P.C., Joel W. Cantrick, […]

Benjamin B. LIEB, an individual, Plaintiff-Appellant, v. Dixie TRIMBLE, solely in her official capacity as member of the Board of Adjustment for Zoning Appeals for the City and County of Denver; Penny Elder, solely in her official capacity as member of the Board of Adjustment for Zoning Appeals for the City and County of Denver; […]

447 P.2d 1012 Cecil D. Curtis v. Industrial Commission of Colorado; City and County of Denver — Police Department; State Compensation Insurance Fund. No. 23257.Supreme Court of Colorado. Decided December 16, 1968. Workers’ Compensation heart case wherein Industrial Commission denied claim of policeman for permanent partial disability benefits. From judgment affirming award of Commission, claimant […]

(351 P.2d 851) JOSEPHINE VELMA VOGTS v. ROSE M. GUERRETTE, ET AL. No. 18,834.Supreme Court of Colorado. Decided May 2, 1960. Rehearing denied May 23, 1960. Action by passenger for damages for personal injuries resulting from automobile accident. Judgment for defendants. Affirmed 1. CONSTITUTIONAL LAW — Common Law Right of Action — Personal Injuries. Article […]

Kenneth E. Yadon, Plaintiff-Appellant, v. Stanton E. Southward, Defendant-Appellee. No. 01CA1420.Colorado Court of Appeals. Division A. October 10, 2002. Certiorari Denied February 24, 2003. Fremont County District Court No. 01CV33; Honorable Julie G. Marshall, Judge JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Page 910 Kenneth E. Yadon, Pro se Ewing […]

Larry Wayne White, Petitioner-Appellant, v. Denver District Court, Division 12; the Colorado Board of Parole; and the Division of Adult Services, the Parole Department, City and County of Denver, Colorado, Respondents-Appellees. No. 87SA185Supreme Court of Colorado. Decided December 12, 1988. Appeal from District Court, City and County of Denver Honorable John W. Coughlin, Judge Larry […]

Darryl Deighton d/b/a First Amendment Bookstore, Plaintiff-Appellee, v. The City Council of the City of Colorado Springs, Colorado; Robert Isaac, Leon Young, Lisa Aré, Cheryl Gillaspie, John Hazelhurst, Mary Lou Makepeace, Randy Purvis, Larry Small, David White, in their official capacities only as members of the Colorado Springs City Council; and The City of Colorado […]

The People of the State of Colorado, Plaintiff-Appellee, v. James D. Stansberry, Defendant-Appellant. No. 02CA0102.Colorado Court of Appeals. September 11, 2003. Certiorari Denied February 17, 2004 Jefferson County District Court No. 00CR3035; Honorable Leland P. Anderson, Judge. JUDGMENT AFFIRMED. Page 1189 Ken Salazar, Attorney General, Melissa D. Allen, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Edward Marc Lederer, Defendant-Appellant. No. 84CA1129Colorado Court of Appeals. Decided March 6, 1986. Appeal from the District Court of Pitkin County Honorable J. E. DeVilbiss, Judge Page 1018 Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, Solicitor General, Eric Perryman, […]

(408 P.2d 987) Robert K. Weck, Et Al. v. District Court of the Second Judicial District, Et Al. No. 21921Supreme Court of Colorado. Decided December 13, 1965. Rehearing denied January 19, 1966. Original proceeding to compel trial court to order certified public accountants to answer certain questions pursuant to deposition. Rule to show cause issued. […]

Bowen/Edwards Associates, Inc., Plaintiff-Appellant, v. The Board of County Commissioners of La Plata County, Defendant-Appellee. No. 89CA1071Colorado Court of Appeals. Decided June 28, 1990. Rehearing Denied July 26, 1990. Certiorari Granted June 24, 1991 (90SC516). Page 657 Certiorari Granted on the following issues: Whether the court of appeals erred in determining that a complete preemption […]

(445 P.2d 401) Roy Fletcher v. Howard A. Garrett, d/b/a Garrett Realty. No. 23253.Supreme Court of Colorado. Decided September 30, 1968. Action by real estate broker against vendor to recover a commission for the sale of vendor’s fruit farm. From a judgment in favor of plaintiff, the defendant brought error. Affirmed. 1. BROKERS — Commission […]

(615 P.2d 29) The People of the State of Colorado v. Charles E. Meldahl No. 80SA255Supreme Court of Colorado. Decided August 11, 1980. Original proceeding in discipline. Attorney Suspended 1. ATTORNEYS AT LAW — License to Practice — Assurance to Public — Honest Performance — Without Undue Delay — Highest Standards. A license to practice […]

Gambler’s Express Inc., Petitioner-Appellant, v. Public Utilities Commission of the State of Colorado; Robert L. Temmer, Gary L. Nakarado, Christine E. M. Alvarez, Commissioners; and Blackjack Shuttle Express, Inc., Respondents-Appellees. No. 93SA89Supreme Court of Colorado. Decided February 14, 1994 Page 406 Appeal from the District Court, Adams County Honorable Michael A. Obermeyer, Judge JUDGMENT AFFIRMED […]

National Camera, Inc., and R. E. Ellerbusch v. Samuel L. Love No. 81CA0828Colorado Court of Appeals. Decided March 18, 1982. Appeal from the District Court of Arapahoe County, Honorable Joyce Steinhardt, Judge. Nelson Harding, John S. Finn, for plaintiff-appellant. Page 95 Banta, Hoyt, Malone Banta, P.C., Stephen G. Everall, for defendant-appellee. Division III. Opinion by […]

The People of the State of Colorado, Plaintiff-Appellant, v. Fred Shorty, Defendant-Appellee. No. 86SA309Supreme Court of Colorado. Decided January 20, 1987. Interlocutory Appeal from District Court, City and County of Denver Honorable William G. Meyer, Judge Page 680 Norman S. Early, District Attorney, Nathan B. Coats, Chief Appellate Deputy District Attorney, Donna Skinner Reed, Deputy […]

(500 P.2d 149) Norman L. Walton v. Gloria E. Kolb and David M. Kolb No. 71-391Colorado Court of Appeals. Decided June 13, 1972. Rehearing denied July 5, 1972. Personal injury action resulting from two-car intersection accident. Following directed verdict as to liability, jury awarded plaintiff damages of $14,000. Defendants appealed. Reversed 1. DAMAGES — No […]

(591 P.2d 1042) Jo Ann Manley v. Edward A. Manley No. 77-574Colorado Court of Appeals. Decided November 2, 1978. Rehearing denied November 24, 1978. Certiorari denied March 5, 1979. In action initiated pursuant to the Uniform Enforcement of Foreign Judgments Act, the trial court entered judgment in favor of petitioner, and respondent appealed. Reversed 1. […]