Category: Colorado Court Opinions

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 […]

The People of the State of Colorado v. Beatrice Marie Padilla No. 79CA0472Colorado Court of Appeals. Decided March 12, 1981. Page 749 Appeal from the District Court of Morgan County, Honorable Waino Johnson, Judge. J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy Attorney General, Mary J. Mullarkey, Assistant Attorney General, R. Michael Mullins, Assistant […]

(576 P.2d 160) The People of the State of Colorado v. George Leroy Fales a/k/a Kenneth James Young a/k/a Panther No. 27605 No. 27611Supreme Court of Colorado. Decided March 6, 1978. Appeal by the People from a ruling of the trial court which granted appellee’s pre-trial motions to dismiss, holding the pimping statute (section 18-7-206, […]

In re the Marriage of Lola Buck, Appellee, and Clyde E. Buck, Jr., Appellant, and Concerning Karrick A. Burrows, Guardian Ad Litem. No. 02CA0960.Colorado Court of Appeals. Division A November 7, 2002. Pueblo County District Court No. 00DR0295; Honorable Scott B. Epstein, Judge ORDER TO SHOW CAUSE DISCHARGED IN PART AND MADE ABSOLUTE IN PART […]

The People of the State of Colorado v. Morris E. Wolf No. 81SA56Supreme Court of Colorado. Decided October 19, 1981. Interlocutory Appeal from the District Court of the County of Adams, Honorable Abraham Bowling, Judge. Page 214 Paul Q. Beacom, District Attorney, Marc P. Mishkin, Deputy, Steven Bernard, Deputy, for plaintiff-appellant. Marvin Dansky, for defendant-appellee. […]

The PEOPLE of the State of Colorado, Plaintiff v. Theresa BALTAZAR, Defendant. No. 10SA101.Supreme Court of Colorado. November 8, 2010. Appeal from the District Court, El Paso County, Deborah J. Grohs, J. Daniel H. May, District Attorney for the Fourth Judicial District, Terry Sample, Doyle Baker, Deputy District Attorneys, Colorado Springs, Colorado, Attorneys for Plaintiff. […]

Berkeley Metropolitan District, Plaintiff-Appellee and Cross-Appellant, v. George R. Poland, a/k/a Geo. R. Poland, Defendant-Appellant and Cross-Appellee. No. 84CA0199Colorado Court of Appeals. Decided March 21, 1985. Rehearing Denied April 18, 1985. Certiorari Denied September 30, 1985. Page 1005 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

118 P.2d 1088 DENVER LOCAL UNION NO. 13 OF THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, STABLEMEN AND HELPERS OF AMERICA ET AL. v. BUCKINGHAM TRANSPORTATION COMPANY ET AL. No. 14,787.Supreme Court of Colorado. Decided October 27, 1941. Suit in injunction to obtain an order restraining a labor union from picketing the place of business of […]

17 P.2d 530 SWENSON v. McFERSON, BANK COMMISSIONER. No. 13,105.Supreme Court of Colorado. Decided November 7, 1932. Rehearing denied December 29, 1932. Action to recover from bank stockholder, assessment on shares of stock. Judgment for plaintiff. Affirmed. On Application for Supersedeas. 1. APPEAL AND ERROR — Evidence. Ruling of the trial court excluding testimony of […]

JOSEPH L. WILLIAMS, PETITIONER, v. THE PEOPLE OF THE STATE OF COLORADO, RESPONDENT No. 96SC284Supreme Court of Colorado. SEPTEMBER 16, 1996 Petition for Writ of certiorari DENIED. [1] Justice LOHR would grant as to the following issue: [2] Did the addition of habitual criminal counts upon retrial violate the rule of law established by North […]

(518 P.2d 283) The People of the State of Colorado v. John Saavedra and Bill A. Maldonado No. 25664Supreme Court of Colorado. Decided January 28, 1974. Defendants were convicted of kidnapping and conspiracy to commit rape and appealed. Affirmed 1. JURY — Function — Review — Substitution of Judgment — Negative. It is the function […]

(372 P.2d 456) CHARLES C. RIEPEN, GEORGE, E. CHEATHAM AS PUBLIC TRUSTEE OF LARIMER COUNTY, ET AL., v. C. ROBINSON ET AL. No. 19,760.Supreme Court of Colorado. Decided May 28, 1962. July 2, 1962, Opinion modified and rehearing denied. Action to cancel sale of real property by the public trustee pursuant to foreclosure of trust […]

(379 P.2d 402) EMPIRE OLDSMOBILE, INC., ET AL., v. RALPH E. McLAIN. No. 20,275.Supreme Court of Colorado. Decided February 25, 1963. Rehearing denied March 18, 1963. From a judgment directing entry of an award of permanent disability in excess of that ordered by the Commission, the defendants bring error. Affirmed. 1. WORKMEN’S COMPENSATION — Award […]

The People of the State of Colorado, Plaintiff-Appellant, v. Donald W. Hogan, Defendant-Appellee. Nos. 82SA20, 82SA24, 82SA25, 82SA26, 82SA27Supreme Court of Colorado. Decided August 16, 1982. Interlocutory Appeal for the District Court of the City and County of Denver, Honorable Sandra I. Rothenberg, Judge. Page 327 Dale Tooley, District Attorney, O. Otto Moore, Assistant District […]

(484 P.2d 134) Robert M. Moore, on behalf of himself and others similarly situated v. City of Boulder, Colorado; Robert W. Knecht; Dr. Richard E. Geesaman; Thomas D. Waugh; Charles A. Haertling; John C. Buechner; Dwayne C. Nuzum; Richard C. McLean; James M. Bowers; Howard C. Klemme; The Archdiocese of Denver No. 70-582Colorado Court of […]

Dennis, Inc., a Colorado Corporation, d/b/a My Sweet Lass v. Office of the Director of Excise and Licenses for the City and County of Denver, Colorado No. 79CA1140Colorado Court of Appeals. Decided September 11, 1980. Rehearing denied October 2, 1980. Appeal from the District Court of the City and County of Denver, Honorable Susan G. […]

(509 P.2d 800) The People of the State of Colorado v. J. B. Mingo No. 25626Supreme Court of Colorado. Decided May 14, 1973. Appeal concerning those portions of defendant’s Crim. P. 35(b) motion which district court denied, namely, setting aside of larceny conviction, and granting of new trial. Reversed 1. COURTS — United States Supreme […]

Ruth Sussman, Plaintiff-Appellant, v. University of Colorado Health Sciences Center, a division of the University of Colorado, and John R. Lilly, M.D., Professor and acting Chairman of the Department of Surgery thereof, Defendants-Appellees. No. 84CA0312Colorado Court of Appeals. Decided August 22, 1985. Appeal from the District Court of the City and County of Denver Honorable […]

Montrose Valley Funeral Home, Inc., Plaintiff-Appellant, v. Harry Crippin and Greg Crippin, Defendants-Appellees. No. 90CA1844Colorado Court of Appeals. Decided June 4, 1992. Rehearing Denied July 2, 1992. Appeal from the District Court of Montrose County Honorable Thomas A. Goldsmith, Judge. Coleman, Brown, Webster Jouflas, Gregory Jouflas, Joseph Coleman, for Plaintiff-Appellant. Mathis and Masters, P.C., David […]

(354 P.2d 489) MURIEL MACGREGOR v. BUEL F. PORTER. No. 18,586.Supreme Court of Colorado. Decided July 25, 1960. Action for damages resulting from collision with livestock on highway. Judgment for plaintiff. Affirmed. 1. TRIAL — Jury Trial — Request — Waiver. Where prior to trial defendant made an oral request for a jury trial, but […]

Robert Long Tyson and Barbara Germaine Whitehorn Tyson, Petitioners, v. The District Court for the Fourth Judicial District, El Paso County, State of Colorado, and The Honorable Gilbert A. Martinez, one of the Judges thereof, Respondents. No. 94SA351Supreme Court of Colorado. Decided March 6, 1995 Original Proceeding. Page 985 RULE MADE ABSOLUTE. Melat, Pressman, Ezell […]

(387 P.2d 266) JOHN G. HENDRIE, AETNA CASUALTY AND SURETY COMPANY, AND JOHN G. HENDRIE COMPANY v. THE BOARD OF COUNTY COMMISSIONERS OF RIO BLANCO COUNTY. No. 20,055.Supreme Court of Colorado. Decided November 12, 1963. Rehearing denied December 23, 1963. Action for damages for defective construction of swimming pool. Judgment for plaintiff. Affirmed in Part, […]

(293 P.2d 297) BILL SANCHEZ, ET AL. v. PEOPLE OF THE STATE OF COLORADO. No. 17,809.Supreme Court of Colorado. Decided February 14, 1956. Rehearing denied February 27, 1956. Defendants were convicted of rape and bring error. Affirmed. Error to the District Court of Larimer County, Hon. William E. Buck, Judge. Mr. CHARLES S. VIGIL, for […]

(575 P.2d 418) James F. Gladin and Faye J. Gladin v. R. D. Von Engeln, individually and as General Partner of Interstate Eighth Street Company, a limited partnership, Interstate Eighth Street Company, a limited partnership, and The City of Colorado Springs, a municipal corporation No. C-963Supreme Court of Colorado. Decided March 6, 1978. Action by […]

Aurora Plaza Conference Center, Ltd., a Colorado Limited Partnership, doing business as Ramada Renaissance, and Aurora Hotel Venture, a Colorado joint venture, doing business as Ramada Renaissance, Petitioners, v. The Board of Assessment Appeals of the State of Colorado; Henry F. Shriver, Joy C. Carpenter and James T. McDonald, in their official capacity as members […]

160 P.2d 356 NATIONAL INSURANCE COMPANY ET AL. v. ACME FINANCE COMPANY, DOING BUSINESS AS MOTORS FINANCE COMPANY. No. 15,301.Supreme Court of Colorado. Decided June 11, 1945. An action on an automobile insurance policy instituted by plaintiff as assignee of the rights, claim and interest of assured under the policy. Judgment for plaintiff. Reversed. 1. […]

In re the Marriage of Penny Ann Paul n/k/a Penny Ann Rabicoff, Appellee, and David Harrison Paul, Appellant, and Robert J. Rabicoff, Intervenor-Appellee. No. 96CA1827Colorado Court of Appeals. May 14, 1998. Rehearing Denied June 11, 1998. Certiorari Denied June 14, 1999. Appeal from the District Court of the City and County of Denver, No. 81DR4133, […]

The People of the State of Colorado v. Orville A. Kenelly No. 81SA366Supreme Court of Colorado. Decided March 15, 1982. Original Proceedings in Discipline Philip A. Harley, Deputy Disciplinary Prosecutor, for complainant. Charles F. Murray, for attorney-respondent. En Banc. CHIEF JUSTICE HODGES delivered the opinion of the Court. [1] After hearing on a formal complaint […]

(369 P.2d 441) VIRGINIA QUINE v. GRACE D. HORN. No. 19,864.Supreme Court of Colorado. Decided March 5, 1962. Action by tenant against landlord for damages for personal injuries resulting from alleged fall over obstruction in walkway. Judgment for defendant. Affirmed. 1. NEGLIGENCE — Evidence — Sufficiency — Dismissal. Where evidence failed to establish that pipe […]

(610 P.2d 107) Lydia Armijo v. Industrial Commission of the State of Colorado (Ex-Officio Unemployment Compensation Commission of Colorado) and Colorado Division of Employment No. 79CA0440Colorado Court of Appeals. Decided April 3, 1980. Claimant sought review of an order of the Industrial Commission deferring her entitlement to unemployment compensation benefits for a period of 18 […]

Charles ROMBOUGH, Plaintiff-Appellee, v. Susan L. MITCHELL, Defendant-Appellant. No. 03CA2457.Colorado Court of Appeals. March 9, 2006. Certiorari Denied August 14, 2006. Appeal from the District Court, El Paso County, David A. Gilbert, J. Page 203 Sears Swanson, P.C., Lance M. Sears, Colorado Springs, Colorado, for Plaintiff-Appellee. Susan L. Mitchell, Pro Se. RUSSEL, J. Defendant, Susan […]

The People of the State of Colorado Complainant, v. James Madison Tyler Attorney-Respondent. No. 83SA468 No. 83SA469Supreme Court of Colorado. Decided March 26, 1984. Original Proceedings in Discipline Linda Donnelly, Disciplinary Prosecutor, for Complainant. James Madison Tyler, Pro Se. En Banc. JUSTICE ROVIRA delivered the opinion of the Court. [1] Four formal complaints were filed […]

Sophie Goldman and John T. Maley, Plaintiffs-Appellants, v. Union Bank and Trust, a Colorado State Banking Institution, and its Board of Directors, Defendants-Appellees. No. 87CA0326Colorado Court of Appeals. Decided August 25, 1988. Rehearing Denied September 15, 1988. Certiorari Denied December 19, 1988 (88SC478). Appeal from the District Court of the City and County of Denver […]

(615 P.2d 652) The People of the State of Colorado v. David K. Foster No. 79SA564Supreme Court of Colorado. Decided July 28, 1980. Rehearing denied August 25, 1980. Defendant was convicted of aggravated robbery and conspiracy to commit aggravated robbery, and he appealed. Following remand from the court of appeals, the trial court re-sentenced defendant […]

136 P.2d 520 LAW, DOING BUSINESS AS INDEPENDENT INSURANCE COUNSELORS v. SIMON. No. 14,977.Supreme Court of Colorado. Decided April 5, 1943. An action to recover for services rendered under a written contract. Judgment was for defendant both on plaintiff’s demand and on the cross complaint. Affirmed. 1. PLEADING — Amendments — Court Discretion. Permission to […]

26 P.2d 813 WAGNER ET AL. v. HELDT ET AL. No. 12,868.Supreme Court of Colorado. Decided October 23, 1933. Proceeding involving probate of a will. Instrument declared void and not entitled to be probated. Affirmed. 1. APPEAL AND ERROR — Fact Findings — Witnesses. It is the province of the trial court to pass upon […]

Mary B. ALLEN, a/k/a Mary Beth Stenzel, Plaintiff-Appellant, v. William S. MARTIN; Kutak Rock L.L.P.; Paul G. Bursiek; and Pendleton Friedberg Wilson Hennessey, P.C., Defendants-Appellees. No. 06CA1768.Colorado Court of Appeals. June 12, 2008. Appeal from the Boulder County District Court, Roxanne Bailin, J. Page 547 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

(563 P.2d 24) Dovenmuehle, Inc., a corporation v. The East Bank of Colorado Springs, N.A. No. 76-406Colorado Court of Appeals. Decided January 6, 1977. Rehearing denied January 27, 1977. Certiorari granted April 25, 1977. In action by beneficiary of irrevocable letter of credit to recover payment from issuing bank, trial court entered judgment for the […]

The People of the State of Colorado v. Raymond De Herrera No. 80CA0619Colorado Court of Appeals. Decided December 17, 1981. Rehearing denied January 14, 1982. Certiorari granted June 21, 1982. Appeal from the District Court of Adams County, Honorable Oyer G. Leary, Judge. Page 242 J.D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy Attorney General, […]

The People of the State of Colorado, Complainant, v. Thomas C. Singer, II, Attorney-Respondent. No. 95SA125Supreme Court of Colorado. Decided June 5, 1995 Original Proceeding in Discipline. ATTORNEY SUSPENDED. Page 799 Linda Donnelly, Disciplinary Counsel, Kenneth B. Pennywell, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. Thomas C. Singer, II, Pro Se, Englewood, Colorado. EN […]

(503 P.2d 350) The People of the State of Colorado v. Richard Allen Peery and Jon H. Knickerbocker No. 25182Supreme Court of Colorado. Decided November 27, 1972. Defendant Knickerbocker appeals from his conviction with codefendant Peery for burglary and conspiracy to commit burglary, codefendant Peery not being involved in this appeal. Affirmed 1. BURGLARY — […]

Darvin Smith and Jackie Smith, individually and representing their infants, Andrew Smith and Bruce Smith, and Farmers Insurance Group v. Peggy Margaret Simpson No. 79CA1120Colorado Court of Appeals. Decided April 29, 1982. Rehearing denied May 20, 1982. Certiorari denied July 6, 1982. Appeal from the District Court of Adams County, Honorable Abraham Bowling, Judge. Page […]

1st Charter Lease Company, a Colorado corporation, Plaintiff-Appellant, v. McAl, Inc., a Colorado corporation, d/b/a Mc A.L., Inc., John E. McNabb, Audry Lee Autry, and Lon Dale Lowry, Defendants-Appellees. No. 81CA0785Colorado Court of Appeals. Decided February 23, 1984. Appeal from the District Court of the City and County of Denver Honorable John Brooks Jr., Judge […]

(470 P.2d 926) Allied Van Lines, Inc. v. Frank Smith and Gail Smith No. 70-014 (Supreme Court No. 22751)Colorado Court of Appeals. Decided March 10, 1970. Action by householder against interstate carrier to recover for “heirloom” silver and other items lost in transit. Judgment for plaintiff. Affirmed in Part, Reversed in Part. 1. CARRIERS — […]

The People of the State of Colorado in the Interest of B.W., S.W., R.W., and D.W., and concerning D.A.W., and R.F.W. No. 79CA1149Colorado Court of Appeals. Decided March 12, 1981. Appeal from the District Court of Jackson County, Honorable John A. Price, Judge. Daniel J. Kaup, Jackson County Attorney, for petitioner-appellee. Page 743 Hibbard King, […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Richard Allen PRICE, Defendant-Appellant. No. 08CA1240.Colorado Court of Appeals. June 24, 2010. Appeal from the District Court, Douglas County, Nancy A. Hopf, J. Page 558 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]

John C. Alliey, Petitioner-Appellant, v. Richard D. Lamm, Governor of the State of Colorado, and J.D. MacFarlane, Manager of Safety, Respondents-Appellees. No. 85SA137Supreme Court of Colorado. Decided January 13, 1986. Appeal, District Court, City and County of Denver Honorable J. Stephen Phillips, Judge Page 1259 AT David F. Vela, Colorado State Public Defender, Philip A. […]

Henry E. Zarlengo and Helene C. Zarlengo, Plaintiffs-Appellants and Cross-Appellees, v. Jack L. Farrer, Sr., Barbara Z. Farrer and Jack L. Farrer, Jr., Defendants-Appellees and Cross-Appellants. No. 82CA0358Colorado Court of Appeals. Decided February 16, 1984. Rehearing Denied March 29, 1984. Certiorari Denied July 16, 1984. Appeal from the District Court of Jefferson County Honorable Gaspar […]

Bruce Cane Beverly, Petitioner-Appellant, v. Harold Davis, Sheriff of El Paso County, Respondent-Appellee. No. 81SA122Supreme Court of Colorado. Decided June 28, 1982. Rehearing denied August 3, 1982. Appeal from the District Court of El Paso County, Honorable Donald E. Campbell, Judge. Page 622 J. Gregory Walta, Colorado State Public Defender, Deborah S. Waldbaum, Deputy State […]

The People of the State of Colorado, Plaintiff-Appellant, v. Alvin Harry Calyer, Defendant-Appellee. No. 85SA152Supreme Court of Colorado. Decided May 18, 1987. Appeal from District Court, El Paso County Honorable Bernard R. Baker, Judge Page 1205 Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, Solicitor General, John Daniel Dailey, […]

Thomas A. CARY and Beth Hanna, individually and on behalf of their minor daughter, Dena Cary, Petitioners, v. UNITED OF OMAHA LIFE INSURANCE COMPANY, Respondent. No. 04SC13.Supreme Court of Colorado. En Banc. February 28, 2005. Wilcox Ogden, P.C., Ralph Ogden, M. Anne Wilcox, Denver, for Petitioners. Kutak Rock, LLP, Gerard V. Reardon, Amy E. Arlander, […]

The People of the State of Colorado, Complainant, v. John Douglas Watson, Attorney-Respondent. No. 89SA251Supreme Court of Colorado. Decided February 12, 1990. Original Proceeding in Discipline Linda Donnelly, Disciplinary Counsel, Susan L. Fralick, Assistant Disciplinary Counsel, for Complainant. John Douglas Watson, pro se. EN BANC Per Curiam [1] In this attorney discipline case, a hearing […]

Bertha Gonzales, Plaintiff-Appellant, v. The Denver and Rio Grande Western Railroad Company, Defendant-Appellee, No. 83CA0581Colorado Court of Appeals. Decided March 1, 1984. Rehearing Denied March 29, 1984. Writ of Certiorari Denied September 4, 1984. Appeal from the District Court of the City and County of Denver Honorable Robert Fullerton, Judge Page 1363 Hartley, Obernesser Vaglica, […]

(381 P.2d 459) HARRIS PARK LAKESHORE, INC., v. LAWRENCE EDWARD CHURCH, BY RUBY SHAFFER, HIS NEXT FRIEND. No. 19,938.Supreme Court of Colorado. Decided May 13, 1963. Action for damages for injuries inflicted by trespassing animal. Judgment for plaintiff. Affirmed. 1. APPEAL AND ERROR — Trial to Court — Inadmissible Evidence. Where trial is to the […]

F. Cleveland Trimble, Petitioner, v. The City and County of Denver, a municipal corporation, and Abraham J. Kauvar, Respondents. No. 81SC398Supreme Court of Colorado. Decided March 11, 1985. Rehearings Denied April 15, 1985. Certiorari to the Colorado Court of Appeals Page 717 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

RUSH CREEK SOLUTIONS, INC., Plaintiff-Appellee, v. UTE MOUNTAIN UTE TRIBE, Defendant-Appellant. No. 03CA0517.Colorado Court of Appeals. Division II. August 12, 2004. Appeal from the District Court, Arapahoe County, No. 02CV2720, John P. Leopold, J. Page 403 Moye Giles, LLP, Alison J. Thayer, Cormac T. Connor, Denver, Colorado, for Plaintiff-Appellee. Peter Ortego, Towaoc, Colorado, for Defendant-Appellant. […]

(512 P.2d 1243) The People of the State of Colorado v. Sammy D. Walker No. 25840Supreme Court of Colorado. Decided August 7, 1973. Defendant was convicted by jury of conspiracy to commit assault to rape but acquitted on substantive charge of assault with intent to commit rape. Trial Judge granted defendant’s motion of acquittal notwithstanding […]

Mark Steven PELLMAN, II, Petitioner v. The PEOPLE of the State of Colorado, Respondent. No. 09SC375.Supreme Court of Colorado. June 6, 2011. Appeal from the District Court, Fremont County, David M. Thorson, J. Page 1123 McClintock McClintock, P.C., Elizabeth A. McClintock, Theodore P. McClintock, Colorado Springs, Colorado, Attorneys for Petitioner. John W. Suthers, Attorney General, […]

251 P.2d 1078 BOYLE, ADMINISTRATRIX v. ELLISON. No. 16,682.Supreme Court of Colorado. Decided December 22, 1952. A proceeding involving a claim against the estate of a deceased person. Judgment for claimant. PER CURIAM. Judgment affirmed en banc without written opinion. Error to the District Court of the City and County of Denver, Hon. Edward C. […]

The People of the State of Colorado, In the Interest of: M.P.R., A Child, And Concerning: D.J.H., Petitioner-Appellee, and J.S. and T.R., Jr., Respondents-Appellants. No. 85CA0173Colorado Court of Appeals. Decided June 12, 1986. Appeal from the District Court of Larimer County Honorable Arnaud Newton, Judge Page 744 Janet Rodriguez, Guardian Ad Litem. Banowetz, Liggett Moore, […]

Dean Ogawa, Plaintiff-Appellee, v. Thomas R. Riley, Defendant, and concerning The Insurance Company of the State of Pennsylvania, Appellant. No. 96CA1778Colorado Court of Appeals. November 28, 1997 Appeal from the District Court of El Paso County, Honorable James M. Franklin, Judge, No. 91CV4465 JUDGMENT REVERSED AND CAUSE REMANDED WITH DIRECTIONS Page 119 William E. Myrick […]

H. Kenneth Johnston II, Trustee; Timothy E. Beres; Doris J.N. Beres; and Elizabeth Ruth McVicker, Petitioners-Appellants, v. Park County Board of Equalization, Respondent-Appellee, and Colorado State Board of Assessment Appeals, Appellee. No. 98CA1353Colorado Court of Appeals. April 29, 1999 Appeal from the Colorado State Board of Assessment Appeals, Nos. 34008, 34013, 34024. ORDER AFFIRMED Page […]

(584 P.2d 86) Marcor Housing Systems, Inc. v. First American Title Company of Colorado and the O’Hara Group Denver, Ltd., The First National Bank of Englewood No. 77-025Colorado Court of Appeals. Decided May 18, 1978. Rehearing denied June 15, 1978. Certiorari granted September 5, 1978. In action to recover certain funds held in escrow, as […]

(428 P.2d 359) Elwood C. Clark, Raymond A. Greenberg, John Ceresa and Vera Ceresa v. The City of Colorado Springs, a Municipal Corporation, Perry C. Tyree, as the Building Official of the City of Colorado Springs, and Elroy Stum, and Suburban Associates, Inc. No. 21285.Supreme Court of Colorado. Decided May 22, 1967. Rehearing denied June […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Jeremy Michael PETSCHOW, Defendant-Appellant. No. 01CA1684.Colorado Court of Appeals. September 23, 2004. Rehearing Denied October 21, 2004. Certiorari Denied September 6, 2005. Appeal from the District Court, El Paso County, Theresa M. Cisneros, J. Page 496 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

Alison Petry and Douglas Lee Brown, Petitioners-Appellants, v. The County Court in and for the City and County of Denver, and Kenneth L. Goodman, Clerk of the County Court in and for the City and County of Denver, Respondents-Appellees. No. 82CA0674Colorado Court of Appeals. Decided April 14, 1983. Rehearing Denied May 12, 1983. Appeal from […]

(452 P.2d 1010) The Kearney Investment Corporation, A Colorado corporation, Norbet E. Simpson, and C. C. Propps, Jr. v. Capitol Federal Savings and Loan Association of Denver, Commerce Motor Hotel Corporation, and Raymond L. Payne, Sr., and Jack M. Winton. No. 21949.Supreme Court of Colorado. Decided April 21, 1969. From judgment upholding right of plaintiffs […]

In the Matter of the Estate of Frank C. Tong, Deceased, Frank Shane Tong v. Shirley Ann Tong, Personal Representative No. 80CA0069Colorado Court of Appeals. Decided October 23, 1980. Appeal from the District Court of Adams County, Honorable James J. Delaney, Judge. Richard B. Bauer, for proponent-appellant. Battenberg, Miller, Makkai Dowdle, Dennis M. Miller, for […]

W. V. Kniffin and Evelyn Kniffin and Perry Park Metropolitan District, Martin H. Platt and Alice Platt v. Colorado Western Development Company, a Colorado corporation, and Lee E. Stubblefield No. 79CA0200Colorado Court of Appeals. Decided August 28, 1980. Rehearing denied September 18, 1980. Certiorari denied January 5, 1981. Appeal from the District Court of Douglas […]

Barbara Jordan, Plaintiff-Appellee and Cross-Appellant, v. City of Aurora, and Its Head Librarian in Official Capacity, Defendant-Appellant and Cross-Appellee, and GAB Business Services, Inc., Defendant and Cross-Appellee. No. 92CA1632Colorado Court of Appeals. Decided November 18, 1993. Rehearing Denied January 6, 1994. Certiorari Denied July 11, 1994. Appeal from the District Court of Arapahoe County Honorable […]

Lester E. Tepe, individually and as personal representative of the Estate of Barbara H. Tepe, deceased (by substitution), Plaintiff-Appellee, v. Rocky Mountain Hospital and Medical Services d/b/a Blue Cross and Blue Shield of Colorado, Inc., Defendant-Appellant. No. 93CA0584Colorado Court of Appeals. Decided June 30, 1994. Rehearing Denied August 4, 1994. Certiorari Dismissed on Stipulated Motion […]

(399 P.2d 97) RIPPLE AND HOWE, INC., v. HARVEY C. FENSTEN, ET AL. No. 20409.Supreme Court of Colorado. Decided February 8, 1965. Rehearing denied March 1, 1965. Action for damages for alleged breach of oral contract. Judgment for defendants. Affirmed. 1. PLEADING — Complaint — Amendment — Prolix — Rules. Fifteen page complaint, containing some […]

63 P.2d 450 KLEIN LAND COMPANY v. THOMPSON ET AL. No. 13,692.Supreme Court of Colorado. Decided December 14, 1936. Proceeding involving validity of resolutions of county commissioners ordering sale of tax-sale certificates held by the county. Judgment for plaintiff. Affirmed in Part. Reversed in Part. 1. PLEADING — Supplemental — Appeal and Error. Permission to […]

Acme Delivery Service, Inc., Plaintiff-Appellee, v. Cargo Freight Systems, Inc., a Colorado corporation, Defendant-Appellant, and The Colorado Public Utilities Commission, Defendant-Appellant No. 84SA12Supreme Court of Colorado. Decided August 19, 1985. Appeal from District Court, City and County of Denver Honorable Roger Cisneros, Judge Page 840 William C. Danks, for Plaintiff-Appellee, Acme Delivery Service, Inc. Charles […]

The People of the State of Colorado, Plaintiff-Appellant, v. Addison R. Loomis, Defendant-Appellee. No. 83SA432Supreme Court of Colorado. Decided March 11, 1985. Appeal from District Court, Moffat County Honorable Richard Doucette, Judge Page 1321 Gregory F. Long, District Attorney, Mark A. Hannah, Chief Deputy District Attorney, for Plaintiff-Appellant. David F. Vela, Colorado State Public Defender, […]

(404 P.2d 848) Harry Roberts v. The People of the State of Colorado. No. 21396Supreme Court of Colorado. Decided August 23, 1965. Prisoner was convicted of murder in the second degree. From a denial of his motion to vacate the sentence the prisoner brought error. Reversed and Remanded. 1. CRIMINAL LAW — Motion to Vacate […]

(483 P.2d 367) E. D. Dressel v. The People of the State of Colorado. No. 23871.Supreme Court of Colorado. Decided April 12, 1971. Defendant was convicted of conspiracy to commit the crime of embezzlement by warehouseman of the personal property of another and brought error. Reversed. 1. CONSPIRACY — Embezzlement by Warehouseman — Personal Property […]

Hans R. Gramiger, Plaintiff-Appellant, v. County of Pitkin, Colorado, the Board of County Commissioners of the County of Pitkin, Colorado, Thomas J. Blake, member of the Board of County Commissioners, Robert W. Child, member of the Board of County Commissioners, Michael J. Kinsley, member of the Board of County Commissioners, Helen A. Kalin Klanderud, member […]

184 P.2d 872 McKEE, CONSERVATRIX v. TOLAN, EXECUTRIX. No. 15,633.Supreme Court of Colorado. Decided September 15, 1947. A proceeding involving a claim against the estate of a deceased person. Judgment for claimant, but being dissatisfied with the amount thereof, she sued out a writ of error to have the proceedings reviewed by the Supreme Court. […]

(413 P.2d 700) William C. Russell, Jr., et al. v. Beverly Wheeler, et al. No. 22270Supreme Court of Colorado. Decided April 21, 1966. Petition for clarification of jurisdiction for appellate purposes with reference to school bond election contest. Petition Granted. 1. SCHOOLS AND SCHOOL DISTRICTS. — Forum — Trial — School Election Contests — Statutes. […]

Jam Action, Inc. d/b/a Action Towing, Inc.; Robert E. Kinyon d/b/a Blue Sky Service; Harry E. Mabis Sr. and Harry E. Mabis, Jr. d/b/a Eddie’s Towing Service; Harry E. Mabis, Sr. d/b/a Harry’s Discount Auto Service, Sales Towing; Randolph S. Milan d/b/a Import Auto Sales Service; Alvin J. Ahnstedt and Arthur J. Howell d/b/a Johnson’s […]

6 P.2d 462 FIDELITY BOND AND MORTGAGE COMPANY v. PAUL. No. 12,555.Supreme Court of Colorado. Decided December 21, 1931. Action to reform lease and for injunction. Decree for plaintiff. Affirmed. 1. MORTGAGES — Possession of Property. Code section 281 deprives a mortgage of its common-law character, and the mortgagee of all possession and right of […]

68 P.2d 1117 BERGSTROM v. BURKE ENGRAVING COMPANY. No. 14,058.Supreme Court of Colorado. Decided May 24, 1937. Judgment affirmed in department without written opinion. Mr. Chief Justice Burke, Mr. Justice Young and Mr. Justice Knous, participating. Error to the County Court of the City and County of Denver, Hon. George A. Luxford, Judge. Mr. FLOYD […]

WELL AUGMENTATION SUBDISTRICT OF the CENTRAL COLORADO WATER CONSERVANCY DISTRICT and South Platte Well Users Association, Applicants-Appellants v. CITY OF AURORA; Bijou Irrigation Company; Bijou Irrigation District; City of Boulder; Centennial Water and Sanitation District; Pawnee Well Users Inc.; Cache La Poudre Water Users Association; Lower Latham Reservoir Company; New Cache La Poudre Irrigating Company; […]

(599 P.2d 976) In the Matter of the Estate of Florence A. Haywood, Deceased. Winfield L. Knies, Special Administrator of the Estate of the Deceased, and Bonell Retirement Community v. Kathryn Anna Gross, as caveatrix and petitioner for specific performance No. 78-1044Colorado Court of Appeals. Decided August 9, 1979. Niece of decedent appealed from a […]

(614 P.2d 873) People of the State of Colorado, In the Interest of D.L.E., a Child and Concerning J.E. No. 28462Supreme Court of Colorado. Decided July 14, 1980. Rehearing denied August 5, 1980. Twelve year old infant was adjudicated a “dependent child” under the statute and the court awarded the Mesa County Department of Social […]

The People of the State of Colorado, Plaintiff-Appellee, v. James L. Lacey, Defendant-Appellant. No. 84SA527Supreme Court of Colorado. Decided June 23, 1986. Rehearing Denied August 25, 1986. Appeal from the District Court, Arapahoe County Honorable John P. Gately, Judge Page 112 Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, […]

Christopher CLARK, Petitioner-Appellant, v. The PEOPLE of the State of Colorado, Respondent-Appellee. No. 08CA1754.Colorado Court of Appeals. November 12, 2009. Appeal from the District Court, El Paso County, Rebecca S. Bromley, J. Robinson Waters O’Dorisio, P.C., Otto K. Hilbert, II, Zachary P. Mugge, Denver, Colorado, for Petitioner-Appellant. John W. Suthers, Attorney General, Matthew S. Holman, […]