Category: Colorado Court Opinions

(258 P.2d 483) PEOPLE EX REL. PLUNKETT v. DISTRICT COURT OF RIO GRANDE COUNTY ET AL. No. 17,084.Supreme Court of Colorado. Decided May 18, 1953. A petition for relief in the nature of prohibition arising out of a divorce action. Petition Denied. 1. ACTIONS — Venue. “Causes can only be brought in the county where […]

David PATTERSON, Philip McCoy, Donald Kanzler, and Shirley Kanzler, Plaintiffs-Appellants, v. BP AMERICA PRODUCTION COMPANY, f/k/a Amoco Production Company, Defendants-Appellees. No. 04CA2344.Colorado Court of Appeals. May 4, 2006. Appeal from the District Court, City and County of Denver, H. Jeffrey Bayless, J. Page 635 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

(239 P.2d 988) MICKLE v. MICKLE. No. 16,651.Supreme Court of Colorado. Decided January 14, 1952. An action for divorce in which was involved a determination of the property rights of the parties. Both parties being dissatisfied with the decree, the cause was presented to the Supreme Court for review by writ of error. The judgment […]

198 P.2d 453 ROBERTS v. ROBERTS ET AL. No. 15,896.Supreme Court of Colorado. Decided September 7, 1948. Rehearing denied October 11, 1948. An action for dissolution of a partnership, and for accounting. Judgment for plaintiff. Reversed in Part. 1. WORDS AND PHRASES — Company — Partnership. The word “company,” as used in the present proceeding, […]

The People of the State of Colorado, Appellant, In the Interest of M.H., a Child And Concerning R.H. and J.H., Appellees. No. 82SA284Supreme Court of Colorado. Decided April 18, 1983. Appeal from the District Court of the County of Arapahoe, Honorable Richard L. Kaylor, Judge. Page 1174 Robert R. Gallagher, Jr., District Attorney, Eighteenth Judicial […]

The People of the State of Colorado, Plaintiff-Appellee, v. Ron J. Erickson, Defendant-Appellant. No. 82CA1430Colorado Court of Appeals. Decided December 20, 1984. Rehearing Denied January 17, 1985. Appeal from the District Court of Summit County Honorable Richard Hart, Judge Page 805 Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, […]

Robert A. West, Plaintiff-Appellant, v. Evergreen Highlands Association, a Colorado non profit corporation, Defendant-Appellee. No. 00CA1586Colorado Court of Appeals. November 23, 2001 Rehearing Denied March 14, 2002[*] Certiorari Granted September 23, 2002 [*] Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, § 5(3), and § 24-51-1105, C.R.S. 2001. Jefferson […]

(294 P.2d 920) RAY DE VORE, ET AL. v. BOOTH ORCHARD GROVE DITCH COMPANY. No. 17,792.Supreme Court of Colorado. Decided March 12, 1956. Action to recover damages for negligent construction and maintenance of irrigation ditch. Judgment of dismissal. Affirmed. Error to the District Court of Pueblo County, Hon. S. Philip Cabibi, Judge. Mr. J. ARTHUR […]

(528 P.2d 1311) The People of the State of Colorado v. Charles Hampton No. 26026 No. 26027Supreme Court of Colorado. Decided December 9, 1974. In two separate cases, defendant filed Crim. P. 35(b) motions which were denied without a hearing and he appealed. Reversed 1. CRIMINAL PROCEDURE — Postconviction Proceedings — Method — Prevention of […]

(516 P.2d 645) Darol C. Biddle, Special Prosecutor in and for the Fifteenth Judicial District of the State of Colorado v. District Court in and for the Fifteenth Judicial District, and the Honorable Robert Sanderson, District Judge within and for the Fifteenth Judicial District of the State of Colorado and William I. Howard No. 26188Supreme […]

(390 P.2d 310) ROBERT M. KNOLL v. SCHOOL DISTRICT NO. 10 R-JOINT OF COLORADO. No. 20,314.Supreme Court of Colorado. Decided March 16, 1964. Action by teacher against School District for breach of contract. Judgment for defendant. Affirmed. 1. SCHOOLS AND SCHOOL DISTRICTS — Teacher — Suspension — Statute. C.R.S. ’53, 123-17-1, providing that no teacher […]

(606 P.2d 1306) CF I Steel Corporation v. The Colorado Air Pollution Control Commission, The Division of Administration, Colorado Department of Health; The Air Pollution Control Division of the Division of Administration, Colorado Department of Health No. 77-804Colorado Court of Appeals. Decided October 12, 1978. Rehearing denied January 11, 1979. Certiorari granted March 19, 1979. […]

David E. Harman, as Personal Representative of the Estate of Thomas M. McMullen, and Trustee of the McMullen Family Trust, and McMullen Yee Publishing, Inc., a California corporation, Plaintiffs-Appellants, v. Kerry Steven Stillwell, a/k/a Steve Stillwell, Defendant-Appellee. No. 96CA1152Colorado Court of Appeals. August 7, 1997 Appeal from the District Court of Chaffee County, Honorable Kenneth […]

Samuel Gilbert Defelice, Plaintiff-Appellant, v. Lucia Johnson, as personal representative of the Estate of Leonard Blomquist, Defendant-Appellee. No. 95CA1513Colorado Court of Appeals. December 12, 1996 Appeal from the District Court of El Paso County Honorable James M. Franklin, Judge, No. 92CV865. JUDGMENT AFFIRMED Page 549 Braden, Frindt, Stinar Stageman, LLC, Daniel B. Stageman, Michael C. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Johnny E. Trujillo, Defendant-Appellant. No. 83CA0811Colorado Court of Appeals. Decided July 25, 1985. Rehearing Denied August 22, 1985. Certiorari Denied December 2, 1985. Appeal from the District Court of Prowers County Honorable John C. Statler, Judge Page 1170 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

Anneliese Pasbrig, Plaintiff-Appellee, v. Norman E. Walton and Barbara J. Walton, Defendants-Appellants, and Connie Copenhaver, Public Trustee of Teller County, Colorado, Defendant. No. 81CA0894Colorado Court of Appeals. Decided September 2, 1982. Appeal from the District Court of Teller County, Honorable William E. Rhodes, Judge. Page 460 No appearance for plaintiff-appellee. Walton Robinson, P.C., Norman E. […]

116 P.2d 202 GALLUP v. PRING, ASSIGNEE, ET AL. No. 14,707.Supreme Court of Colorado. Decided June 23, 1941. Rehearing denied August 11, 1941. Litigation involving the right to proceeds from the sale of certain mining property covered by a chattel mortgage. Judgment for assignee of plaintiff. Affirmed. 1. CORPORATIONS — Mortgages — Statutes. A corporation […]

South Suburban Park and Recreation District, Petitioner-Appellant, v. Board of Assessment Appeals of the State of Colorado and Arapahoe County Board of Commissioners, Respondents-Appellees. No. 93CA1785Colorado Court of Appeals. Decided December 29, 1994. Opinion Modified, and As Modified, Petition for Rehearing DENIED February 16, 1995. Appeal from the Colorado State Board of Assessment Appeals No. […]

26 P.2d 808 GILLIGAN v. BLAKESLEY. No. 13,308.Supreme Court of Colorado. Decided September 25, 1933. Rehearing denied November 6, 1933. Action in damages for personal injuries. Judgment for plaintiff. Affirmed. On Application for Supersedeas. 1. PLEADING — Complaint — Sufficiency. A complaint will not be held insufficient because its allegations are not more specific or […]

61 P.2d 1374 HEILAND v. HEILAND. No. 14,029.Supreme Court of Colorado. Decided October 5, 1936. Judgment affirmed in department on application for supersedeas without written opinion, Mr. Justice Hilliard, sitting for Mr. Chief Justice Campbell, Mr. Justice Young and Mr. Justice Holland, participating. Error to the District Court of Jefferson County, Hon. Samuel W. Johnson, […]

The People of the State of Colorado, Plaintiff-Appellee, v. Earl William Campbell, Defendant-Appellant. No. 91CA1618Colorado Court of Appeals. Decided December 17, 1992. Rehearing Denied January 14, 1993. Appeal from the District Court of Douglas County Honorable Thomas J. Curry, Judge Page 229 Gale A. Norton, Attorney General, Raymond T. Slaughter, Chief Deputy Attorney General, Timothy […]

(484 P.2d 107) Allen Thomas Jacobs v. The People of the State of Colorado. No. 23356.Supreme Court of Colorado. Decided May 3, 1971. Defendant was convicted of larceny of a watch from the person and brought error. Affirmed. 1. LARCENY — Watch — Two Men — Victim — Car — Evidence — Jury — Principal […]

17 P.2d 538 PEOPLE EX REL. ATTORNEY GENERAL v. THOMPSON. No. 13,049.Supreme Court of Colorado. Decided December 12, 1932. Original proceeding in contempt. Respondent Adjudged Guilty. 1. CONTEMPT — False Evidence. In a contempt action before the Supreme Court, respondent having made an affidavit upon which disbarment proceedings were based, and which he thereafter testified […]

(571 P.2d 305) The People of the State of Colorado v. Alphonso Allen Maes No. 27656Supreme Court of Colorado. Decided November 15, 1977. Interlocutory appeal in which district attorney challenges trial court’s order suppressing incriminating statements made to the police by defendant, a juvenile. Ruling Affirmed 1. INFANTS — Statements to Police — Suppressed — […]

(432 P.2d 235) Jack Beardshear, Administrator of the Estate of William M. Beardshear, Deceased v. Jessie C. Beardshear. No. 21973.Supreme Court of Colorado. Decided August 8, 1967. From a judgment of the probate court allowing a claim of defendant in error for attorney’s fees incurred by her while acting as executrix, the administrator of the […]

(494 P.2d 96) The People of the State of Colorado v. Martin A. Kane No. 25402Supreme Court of Colorado. Decided March 6, 1972. Original proceedings in discipline. Attorney Suspended 1. ATTORNEYS AT LAW — Unethical — Improper — Contrary to Highest Standards — Suspended. Attorney — who acted unethically and improperly and whose conduct was […]

Jose A. Padilla, Plaintiff-Appellee, v. D.E. Frey Company, Inc., D.E. Frey Group, Inc., and Dale E. Frey, Defendants-Appellants. No. 96CA0616Colorado Court of Appeals. April 3, 1997 Petition for Rehearing DENIED May 8, 1997 Appeal from the District Court of the City and County of Denver Honorable Federico C. Alvarez, Judge No. 94CV2373 JUDGMENT AFFIRMED Page […]

Combined Communications Corporation, Inc., d/b/a KUSA-TV; Kelly Hostetler; and Sharon Speegle; Plaintiffs-Appellees and Cross-Appellants, v. Public Service Company of Colorado, Defendant-Appellant and Cross-Appellee. No. 92CA0062 No. 92CA0063 No. 92CA0064Colorado Court of Appeals. Decided July 1, 1993. Rehearing pending 07/22/93 Page 894 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

Concerned Parents of Pueblo, Inc., a Colorado non-profit corporation, Petitioner, v. Michael Gilmore and Sheila Gilmore, as guardians and next friends of minor child, Brian Gilmore, Respondents. No. 00SC950.Supreme Court of Colorado. EN BANC. April 22, 2002. As Modified on Denial of Rehearing June 6, 2002. Certiorari to the Colorado Court of Appeals, Court of […]

In the Matter of the Disciplinary Proceedings Regarding the License to Practice Dentistry of Robert Edwin Maul, D.D.S., Petitioner, v. The State Board of Dental Examiners of the State of Colorado, Respondent. No. 82SC305Supreme Court of Colorado. Decided September 6, 1983. Page 934 Certiorari to the Colorado Court of Appeals Norman D. Johnson, for petitioner. […]

(535 P.2d 192) The People of the State of Colorado, In the Interest of M.B. and M.B. and Concerning J.B. and E.B. No. 26370Supreme Court of Colorado. Decided May 12, 1975 Appeal from judgments of adjudication and disposition of the district court which held M.B. (boy) and M.B. (girl) to be dependent and neglected children […]

(397 P.2d 872) HOWARD EDWARD HENDERSON v. THE PEOPLE OF THE STATE OF COLORADO. No. 20704.Supreme Court of Colorado. Decided January 4, 1965. Defendant was convicted of murder in the first degree and brings error. Reversed and Remanded. 1. COURTS — Trial Courts — Judges — Duty — Discretion — Supreme Court — Rejection — […]

The People of the State of Colorado, Plaintiff-Appellant, v. Danny Nieto Martinez, Jr., Defendant-Appellee. No. 99SA206Supreme Court of Colorado. January 22, 2001 Appeal from the District Court, Jefferson County, Sentencing Panel, Honorable Leland P. Anderson, Judge, Honorable Timothy L. Fasing, Judge, Honorable John W. Coughlin, Judge APPEAL DISMISSED No. 99SA206: People v. Martinez Death Penalty […]

The People of the State of Colorado Plaintiff-Appellant, v. Robert A. Shannon, Defendant-Appellee. No. 82SA296Supreme Court of Colorado. Decided June 25, 1984. Appeal from District Court, El Paso County Honorable Bernard R. Baker, Judge Page 793 Robert L. Russel, District Attorney, Robert B. Harward, Deputy District Attorney, for plaintiff-appellant. No Appearance for defendant-appellee. En Banc. […]

The People of the State of Colorado, Petitioner-Appellee, In the Interest of M.C., Minor Child-Appellant, And Concerning V.C., Respondent. No. 86CA0708Colorado Court of Appeals. Decided September 10, 1987. Rehearing Denied October 8, 1987. Certiorari Granted People February 22, 1988 (87SC379). Appeal from the District Court of Pueblo County Honorable Patti F. O’Rourke, Judge Duane Woodard, […]

(516 P.2d 428) The People of the State of Colorado v. Doyle Raymond Fowler and Isabel M. Fowler No. 25248Supreme Court of Colorado. Decided December 3, 1973. Defendants were convicted of prostitution and conspiracy to commit prostitution and appealed. Affirmed 1. CRIMINAL LAW — Two Statutes — Single Transaction — Prosecution — Either. A single […]

13 P.2d 257 WEST COLFAX LOAN CORPORATION v. CULP. No. 13,100.Supreme Court of Colorado. Decided July 5, 1932. Action for services rendered. Judgment for plaintiff. Reversed. On Application for Supersedeas. 1. RECEIVERS — Mortgages — Costs and Expenses. Where a corporation in a suit to foreclose a mortgage procured the appointment of receivers therein, and […]

Edwin T. Vikman and Duane Vikman, Petitioners, v. International Brotherhood of Electrical Workers, Local Union No. 1269, an Unincorporated Association, Respondent. No. 93SC73Supreme Court of Colorado. Decided January 30, 1995. Petition for Rehearing DENIED, February 21, 1995 Certiorari to the Colorado Court of Appeals JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS. Page 647 [EDITORS’ NOTE: […]

The People of the State of Colorado, Petitioner, v. Dean Raymond Peterson, Respondent. No. 85SC150Supreme Court of Colorado. Decided March 23, 1987. Certiorari to District Court, Summit County The Honorable Richard H. Hart, Judge Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, Solicitor General, John Milton Hutchins, First Assistant […]

In the Matter of the Estate of Richard B. MacAnally, deceased, the Estate of Richard B. MacAnally, Appellant, v. Imogene V. Levin, objector-appellee. No. 99CA0120.Colorado Court of Appeals. March 30, 2000. Rehearing Denied June 1, 2001 Certiorari Denied April 16, 2001 Appeal from the District Court of Boulder County, Honorable Morris W. Sandstead, Jr., Judge, […]

(556 P.2d 90) The People of the State of Colorado v. Richard Eugene Baker No. 75-591Colorado Court of Appeals. Decided July 8, 1976. Rehearing denied July 29, 1976. Certiorari denied November 8, 1976. Claiming he was deprived of his right to a speedy trial, defendant appealed conviction of possession of a narcotic drug and conspiracy […]

The People of the State of Colorado and the Boulder County Department of Social Services, Petitioners-Appellees, In the Interest of: O.E.P., Appellee, And Concerning, J.L.P. and P.N.H., Respondents, and C.P., Respondent-Appellant. No. 82SA222Supreme Court of Colorado. Decided November 8, 1982. Rehearing denied December 6, 1982. Appeal from the District Court of the County of Boulder, […]

(578 P.2d 641) Hal Gordon Tamblyn and Katherine Tamblyn v. Mickey and Fox, Incorporated, Consulting Engineers, and Chen and Associates, Incorporated No. C-1291Supreme Court of Colorado. Decided May 8, 1978. Rehearing denied May 30, 1978. Action for damages by homeowners alleging that respondents had negligently performed certain engineering work related to the construction of their […]

E. David Wright, Plaintiff-Appellant, v. Vail Run Resort Community Association, Inc., Defendant-Appellee. No. 95CA0761Colorado Court of Appeals. Decided April 18, 1996 Appeal from the District Court of Eagle County, Honorable William L. Jones, Judge, No. 94CV34. JUDGMENT AFFIRMED Stovall Goodman Wallace, P.C., John D. Goodman, Avon, Colorado, for Plaintiff-Appellant. Younge Hockensmith, P.C., Brent A. Carlson, […]

493 P.2d 684 Lawrence D. Gomba v. Harold McLaughlin No. 70-159Colorado Court of Appeals. Decided December 14, 1971. Rehearing denied December 31, 1971. Certiorari granted February 28, 1972. Libel action. From summary judgment for plaintiff with award of nominal damages, defendant appealed. Affirmed 1. LIBEL AND SLANDER — Letter — Alleged Assault — Not Prosecutable […]

The People of the State of Colorado, In the Interest of J.A.U., a Child, Upon the Petition of the Jefferson County Department of Human Services and L.E.R., Petitioners-Appellees, and Concerning R.L.C., Respondent-Appellant. No. 00CA1487Colorado Court of Appeals. June 21, 2001 Certiorari Granted November 13, 2001 Page 1238 Jefferson County District Court No. 88JP116; Honorable James […]

Horne Engineering Services, Inc., Plaintiff-Appellant, v. Kaiser-Hill Company, LLC, Defendant-Appellee. No. 02CA0615.Colorado Court of Appeals. Div. IV. May 8, 2003. Jefferson County District Court No. 01CV0838; Honorable Brian D. Boatright, Judge Affirmed. Page 452 Judith Ward Mattox, Colorado Springs, Colorado, for Plaintiff-Appellant Rothgerber Johnson Lyons LLP, Gilbert M. Roman, S. Kato Crews, Denver, Colorado, for […]

(283 P.2d 651) PAUL H. FERCH, ET AL. v. SAM HANSEN AND THE CITY AND COUNTY OF DENVER. No. 17,458.Supreme Court of Colorado. Decided May 9, 1955. Rehearing denied May 31, 1955. Action by taxpayer in behalf of himself and others to void garbage disposal contract. Judgment for defendants. Affirmed. Error to the District Court […]

(577 P.2d 297) The People of the State of Colorado v. Robert Allen Trujillo No. 76-086Colorado Court of Appeals. Decided December 1, 1977. Rehearing denied January 19, 1978. Certiorari denied April 3, 1978. Defendant appealed his conviction of rape, first degree kidnapping, and of being an habitual criminal. Affirmed 1. CRIMINAL LAW — Witnesses — […]

Bob SUMEREL; Sallie Sumerel; Steven M. Berzin; Ann C. Berzin; Dane W. Dicke; Kerry S. Dicke; and Bart Kaufman, as trustee for the Grantor Retained Income Trust, Plaintiffs-Appellees, v. GOODYEAR TIRE RUBBER COMPANY, an Ohio corporation, Defendant-Appellant. No. 07CA2465.Colorado Court of Appeals. May 28, 2009. Rehearing Denied July 9, 2009. Certiorari Dismissed September 28, 2009. […]

(278 P.2d 1017) AVERY ET AL. v. CITY OF FORT COLLINS ET AL. No. 17,367.Supreme Court of Colorado. Decided January 17, 1955. A proceeding involving municipal charter provisions for the expenditure of income from cemetery property. Judgment of dismissal. Error to the District Court of Larimer County, Hon. William E. Buck, Judge. Mr. LLOYD E. […]

George B. Kern and Richard P. Hume, Petitioners, v. Richard G. Gebhardt, Public Trustee of the County of Boulder, State of Colorado, and Deward E. Walker, Jr., Respondents. No. 86SC67Supreme Court of Colorado. Decided December 14, 1987. Certiorari to the Colorado Court of Appeals Page 1341 Robinson Mallon, P. C., James C. Mallon, Susan A. […]

The People of the State of Colorado, Complainant, v. Pamela Michelle Espinoza, Respondent. No. 99PDJ085.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. January 18, 2001. Page 548 OPINION AND ORDER IMPOSING SANCTIONS [1] SANCTION IMPOSED: ATTORNEY SUSPENDED FOR SIX (6) MONTHS WITHFORMAL REINSTATEMENT PROCEEDINGS REQUIRED [2] A trial was held on […]

The People of the State of Colorado, Plaintiff-Appellee, v. Norman Michael Simpson, Defendant-Appellant. No. 01CA0322Colorado Court of Appeals. November 6, 2003 As Modified on Denial of Rehearing February 26, 2004. El Paso County District Court No. 00CR230; Honorable Edward S. Colt, Judge JUDGMENT AND SENTENCE AFFIRMED Page 552 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

The People of the State of Colorado, Plaintiff-Appellee, v. Thien Van Vo, Defendant-Appellant. No. 95CA1840Colorado Court of Appeals. December 12, 1996 Petition for Rehearing DENIED January 16, 1997 Appeal from the District Court of Jefferson County Honorable Ruthanne N. Polidori, Judge, No. 95CR737. SENTENCE AFFIRMED Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy […]

Lieutenant Lee Hollis v. The People of the State of Colorado No. 79SC394Supreme Court of Colorado. Decided April 20, 1981. Rehearing denied May 11, 1981. Certiorari to the Colorado Court of Appeals Cairns Wylder, P.C., Earl S. Wylder, for petitioner. J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy, Mary J. Mullarkey, Solicitor General, William […]

W. Robert Eason, Plaintiff-Appellant, v. The Town of Erie, a Colorado statutory town; Victor F. Smith, Mayor; Richard Sisk, Lynn Morgan, Judi Haglin, Thomas Van Lone, Dennis Wiley, Debbie Langerak, Trustees for the Town of Erie; Cindy Keith and Malcolm Lopez, Former Trustees for the Town of Erie; Lisa M. Marino, Town Clerk; and Herbert […]

16 P.2d 1119 FRINK v. CARMAN DISTRIBUTING COMPANY. No. 13,168.Supreme Court of Colorado. Decided November 21, 1932. Defendant in error having confessed error, the judgment is reversed. Error to the District Court of the City and County of Denver, Hon. George F. Dunklee, Judge. Mr. A. X. ERICKSON, Mr. EMORY L. O’CONNELL, for plaintiff in […]

Florence E. Krumback, Widow of LeRoy A. Krumback, Claimant, Petitioner, v. Dow Chemical Co., (Employer); Travelers Insurance Co., (Insurer); The Industrial Commission of the State of Colorado and the Director of the Division of Labor of the State of Colorado, Respondents. No. 82CA1443Colorado Court of Appeals. Decided September 1, 1983. Rehearing Denied October 20, 1983. […]

445 P.2d 579 C.R.T., Inc., a Colorado Corporation, and Kel Christiansen v. Sam Stene, Cora B. Stene, Giant Community, Development Corporation, a Delaware Corporation, Giant Resources, Inc., a Nevada Corporation, James Ryan, Thomas G. Stone, Holiday Development Company, Inc., Cleone B. Cooper, as Executrix, and First Security Bank of Utah, as Administrator with Will Annexed […]

63 P.2d 513 WALKER v. DEARING ET AL. No. 13,867.Supreme Court of Colorado. Decided January 25, 1937. Rehearing denied February 15, 1937. Action in replevin. Judgment for defendants. Reversed. 1. JUDGMENTS — Justice Courts — Presumption. Record of original proceedings before a justice of the peace not being before the reviewing court, regularity of such […]

The People of the State of Colorado, Plaintiff-Appellee, v. Michael J. Fisher, Defendant-Appellant. No. 98CA0412Colorado Court of Appeals. April 27, 2000 Appeal from the District Court of Adams County, Honorable Thomas R. Ensor, Judge, No. 96CR1640. JUDGMENT AFFIRMED. Page 1190 Ken Salazar, Attorney General, Laurie A. Booras, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee. Linda […]

Joseph Blea, Petitioner-Appellant, v. Colorado Board of Parole, and Colorado Department of Corrections, Respondents-Appellees. No. 88SA69Supreme Court of Colorado. Decided October 2, 1989. Appeal from District Court of Fremont County Honorable John E. Anderson III, Judge. Page 1354 Joseph Blea, Pro Se Petitioner-Appellant. Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard […]

(502 P.2d 961) L.N. Hagood v. John H. Heckers, Executive Director, Colorado Department of Revenue and Mary C. Hagood v. John H. Heckers, Executive Director, Colorado Department of Revenue No. 71-331Colorado Court of Appeals. Decided August 1, 1972. Rehearing denied August 22, 1972. Certiorari granted November 27, 1972. Wyoming residents sought to recover Colorado income […]

(399 P.2d 244) DENVER-CLIMAX TRUCK LINE, INC., ET AL., v. JIM CHELF, INC., ET AL. No. 20959.Supreme Court of Colorado. Decided February 23, 1965. Action by motor vehicle common carrier to challenge certain rates charged by motor vehicle private carrier. Plaintiff brought error from the Court’s dismissal of its complaint. Affirmed. 1. CARRIERS — Public […]

Kent Erickson, as trustee for “Mountain Retreat Associates,” Plaintiff-Appellee, v. Rupert Oberlohr, Defendant-Appellant. No. 84CA1446Colorado Court of Appeals. Decided December 10, 1987. Appeal from the District Court of Eagle County Honorable William Jones, Judge Page 997 Nelson Harding, P.C., Bruce Anderson, for Plaintiff-Appellee. Fredric Butler, for Defendant-Appellant. Division I. Opinion by JUDGE VAN CISE. [1] […]

City of Boulder, a Colorado municipality, Brush Cogeneration Partners, a Colorado general partnership, Thermo Power Electric, Inc., a Colorado corporation, Thermo Cogeneration Partnership L.P., a Delaware limited partnership, Thermo Greeley, L.L.C., a Colorado limited liability company, Plaintiffs-Appellants, v. Public Service Company of Colorado, a Colorado corporation; and Colorado Public Utilities Commission, a Colorado state agency, […]

(357 P.2d 81) CATHERINE C. DASH, ADMINISTRATRIX, ETC., v. PETER RUBEY. No. 19,209.Supreme Court of Colorado. Decided November 21, 1960. Rehearing denied December 12, 1960. Action by administratrix against joint adventurer to recover sum claimed to be due estate. From a judgment allowing a set-off, the administratrix brings error. Affirmed. 1. ESTATES — Action — […]

Alsco Aluminum Building Products, Inc., Petitioner, v. Division of Employment and Training and The Industrial Claim Appeals Office of the State of Colorado, Respondents. No. 91CA0717Colorado Court of Appeals. Decided January 16, 1992. Rehearing Denied February 13, 1992. Certiorari Denied August 24, 1992 (92SC125). Review of Order from the Industrial Claim Appeals Office of the […]

Harold J. Hasbrouck, Petitioner, v. The Industrial Commission of the State of Colorado, Mike Baca, Commissioner, Gary B. Rose, Commissioner, John J. McDonald, Commissioner, Colorado Division of Labor, Hyland Hills Park and Recreation District, and State Compensation Insurance Fund, Respondents. No. 83CA0674Colorado Court of Appeals. Decided April 26, 1984. Rehearing Denied May 31, 1984. Review […]

Janice Binkley, Petitioner, v. The People of the State of Colorado, Respondent. No. 84SC165Supreme Court of Colorado. Decided April 21, 1986. Certiorari to the Colorado Court of Appeals Wade H. Eldridge, for Petitioner. Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, Solicitor General, Clement P. Engle, Assistant Attorney General, […]

The People of the State of Colorado, Complainant, v. John Dean Hindorff, Attorney-Respondent. No. 93SA231Supreme Court of Colorado. Decided October 25, 1993 Original Proceeding in Discipline Linda Donnelly, Disciplinary Counsel, James C. Coyle, Assistant Disciplinary Counsel, for Complainant. John Dean Hindorff, Pro Se. EN BANC. PER CURIAM. [1] The assistant disciplinary counsel and the respondent[1] […]

Elden R. Johnson, Plaintiff-Appellee, v. McCaughan, Carter Scharrer, a Colorado general partnership; Ronald L. McCaughan, individually; James Carter, individually; Robert J. Scharrer, individually; Grant Street Associates Limited, a Washington limited partnership; Grant Street Associates Limited, a California limited partnership; James E. Garland, individually; Booker Investments Co., Defendants, and Jacaranda Associates, Limited, a California limited partnership, […]

Petitioner: Robert QUINTANO, v. Respondent: The PEOPLE of the State of Colorado. No. 03SC567.Supreme Court of Colorado. En Banc. January 18, 2005. Rehearing Denied February 14, 2005. Appeal from the District Court, Arapahoe County, Timothy L. Fasing, J. Page 586 David S. Kaplan, Colorado State Public Defender, Andrea R. Manning, Deputy State Public Defender, Denver, […]

(568 P.2d 103) In re the Marriage of: Rebecca Ann Lowery and Stanley George Lowery No. 76-657Colorado Court of Appeals. Decided June 9, 1977. Rehearing denied June 30, 1977. Certiorari granted September 6, 1977. From denial of motion to vacate or amend permanent orders in marriage dissolution decree, which orders reflected separation agreement of parties, […]

Antonio Lucero, Petitioner, v. Climax Molybdenum Company; Industrial Commission of the State of Colorado; State Compensation Insurance Fund of Colorado; and Director, Division of Labor, State of Colorado, Respondents. No. 84CA0839Colorado Court of Appeals. Decided August 29, 1985. Rehearing Denied October 3, 1985. Certiorari Granted December 16, 1985 (85SC411). Review of Order from the Industrial […]

The People of the State of Colorado, Complainant, v. Gilbert Ray Montano, Attorney-Respondent. No. 87SA91Supreme Court of Colorado. Decided September 8, 1987. Original Proceeding in Discipline Linda Donnelly, Disciplinary Prosecutor, George S. Meyer, Deputy Disciplinary Prosecutor, for Complainant. No appearance for Attorney-Respondent. EN BANC JUSTICE MULLARKEY delivered the Opinion of the Court. [1] In this […]

The People of the State of Colorado, In the Interest of L.J.P., a Child, Upon the Petition of the Weld County Department of Social Services, Petitioner-Appellant, and Concerning L.G., Co-Petitioner-Appellee, and J.L.P.L., Respondent-Appellee. No. 99CA2009.Colorado Court of Appeals. April 13, 2000. Appeal from the District Court of Weld County, Honorable J. Robert Lowenbach, Judge, No. […]

177 P.2d 234 HALL ET AL. v. CITY AND COUNTY OF DENVER ET AL. SPENCER ET AL. INTERVENERS. No. 15,657.Supreme Court of Colorado. Decided December 26, 1946. An action to obtain a restraining order enjoining the sale by the municipality of a city block of ground. Judgment of dismissal. Affirmed. 1. MUNICIPAL CORPORATIONS — Sale […]

The Berthoud National Bank, Plaintiff-Appellee, v. Larry Dunn, Defendant-Appellant. No. 86CA1630Colorado Court of Appeals. Decided September 1, 1988. Appeal from the District Court of Pitkin County Honorable J. E. DeVilbiss, Judge Hammond, Clark White, Gregory A. White, for Plaintiff-Appellee. Korb Carroll, P. C., Joseph T. Carroll, Jr., for Defendant-Appellant. Division I. Page 760 Opinion by […]

Evergreen Highlands Association, a Colorado non-profit corporation, Petitioner v. Robert A. West, Respondent. No. 02SC242.Supreme Court of Colorado. En Banc. June 16, 2003. Rehearing Denied July 21, 2003.[*] [*] Justice KOURLIS and Justice HOBBS do not paticipate. Certiorari to the Colorado Court of Appeals, Court of Appeals Case No. 00CA1586 JUDGMENT REVERSED AND CASE REMANDED. […]

SMLL, L.L.C., a Colorado limited liability company, Plaintiff-Appellant, v. PEAK NATIONAL BANK and Richard Daly, Defendants-Appellees. No. 03CA2347.Colorado Court of Appeals. March 24, 2005. Appeal from the District Court, Arapahoe County, Marilyn Leonard, Timothy L. Fasing, and Cheryl L. Post, JJ. Page 564 Fisher, Sweetbaum Levin, P.C., Alan D. Sweetbaum, E. James Wilder, Heather M. […]

Eric GREEN, individually and next friend of Blake Green, a minor, Rosemary Green, individually and next friend of Blake Green, a minor, Dorothy Platenberg; and Brenda DeMuth, Plaintiffs-Appellants, v. QWEST SERVICES CORPORATION, f/k/a Qwest Corporation; Qwest Communications Corporation; and Orius Telecommunication Services, Inc., Defendants-Appellees. No. 04CA1938.Colorado Court of Appeals. February 23, 2006. Appeal from the […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Uriel Antonio LINARES-GUZMAN, Defendant-Appellant. No. 05CA2445.Colorado Court of Appeals. June 26, 2008. Certiorari Denied November 17, 2008. Appeal from the District Court, Arapahoe County, Cheryl L. Post, J. Page 1131 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

52 P.2d 660 FRIEDLAND v. AMERICAN BANKERS INSURANCE COMPANY ET AL. No. 13,683.Supreme Court of Colorado. Decided December 9, 1935. Action to recover surrender value of an accident insurance policy. Judgment for plaintiff claimed by him to be insufficient in amount. Reversed. 1. INSURANCE — Accident — Vested Rights. Where assured under a health and […]

The People of the State of Colorado, Plaintiff-Appellant, v. Karen Lynn Hall, Defendant-Appellee. No. 84SA544Supreme Court of Colorado. Decided December 15, 1986. Appeal from District Court, Arapahoe County Honorable Kenneth K. Stuart, Judge Page 374 Robert R. Gallagher, Jr., District Attorney, Catherine P. Adkisson, Deputy District Attorney, for Plaintiff-Appellant. Reynard, Booms Piper, P.C., Robert Tabor […]

Allen G. Nelson, Petitioner, v. Kipp Hammon, D.D.S., Respondent. No. 89SC171Supreme Court of Colorado. Decided December 10, 1990. Certiorari to the Colorado Court of Appeals. McDermott, Hansen, Anderson Reilly, Daniel M. Reilly; Kirk D. Tresemer, P.C., Kirk Tresemer, for Petitioner. Stephen H. Kaplan, City Attorney, City and County of Denver, Carl R. Mangino, Assistant City […]

US West Communications, Inc. Petitioner-Appellee, v. Colorado Public Utilities Commission, Commissioners Robert J. Hix and Vincent Majkowski, Respondents-Appellants. No. 97SA438Supreme Court of Colorado. April 26, 1999 Appeal from the District Court, City County of Denver, Honorable Richard T. Spriggs, Judge. Page 672 RULING REVERSED Denman Corbetta, P.C., Steven H. Denman, Richard L. Corbetta, Melissa A. […]

In re PEOPLE of the State of Colorado, Plaintiff v. Matthew Gene WARTENA, Defendant. No. 06SA232.Supreme Court of Colorado. April 16, 2007. Appeal from the District Court, Jefferson County, Christopher Munch, J. Page 470 Scott W. Storey, District Attorney, 1st Judicial District, Donna Skinner Reed, Chief Appellate Deputy District Attorney, Golden, Colorado, Attorneys for Plaintiff. […]

(350 P.2d 543) PUBLIC SERVICE COMPANY OF COLORADO v. THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO; ET AL. No. 18,698.Supreme Court of Colorado. Decided March 14, 1960. Rehearing denied April 11, 1960. Proceeding to review decision of the Public Utilities Commission relating to authority of various utilities to render electric service in certain […]

In Re: Plaintiff: The People of the State of Colorado, v. Defendant: Benjamin Cardenas. No. 02SA236.Supreme Court of Colorado. November 18, 2002. Rehearing Denied January 13, 2003[*] . [*] Justice HOBBS and Justice MARTINEZ would grant the Petitions. Original Proceeding Pursuant to C.A.R. 21, Logan County Court, Case No. 02T146, Honorable Robert B. Smith, Judge, […]

The People of the State of Colorado, Plaintiff-Appellant, v. Andrew Elbert Bost, Defendant-Appellee. No. 86SA453Supreme Court of Colorado. Decided March 13, 1989. Rehearing Denied April 10, 1989. Appeal from the District Court, El Paso County Honorable Matt Railey, Judge. Page 1210 Barney Iuppa, District Attorney, David H. Zook, Chief Deputy District Attorney, for Plaintiff-Appellant. David […]

31 P.2d 491 DRISCOLL CONSTRUCTION COMPANY ET AL. v. INDUSTRIAL COMMISSION ET AL. No. 13,442.Supreme Court of Colorado. Decided April 2, 1934. Proceeding under the Workmen’s Compensation Act. Judgment for claimant. Affirmed. 1. WORKMEN’S COMPENSATION — Course of Employment. An employee, driving his team of horses from the place where he stabled them to where […]