Category: Colorado Court Opinions

The People of the State of Colorado, Complainant, v. Richard E. Young, Attorney-Respondent. No. 93SA294Supreme Court of Colorado. Decided December 6, 1993 Original Proceeding in Discipline ATTORNEY DISBARRED Linda Donnelly, Disciplinary Counsel, Kenneth B. Pennywell, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant Philip E. Lowery, Denver, Colorado, Attorney for Attorney-Respondent EN BANC PER CURIAM […]

(530 P.2d 499) The People of the State of Colorado v. Otis L. Davis No. 26068Supreme Court of Colorado. Decided December 9, 1974. Appeal by district attorney, pursuant to Colorado Code of Civil Procedure, appealing decision of trial court on a question of law involving an instruction defining second-degree murder. Ruling Disapproved 1. INSTRUCTIONS, CRIMINAL […]

The PEOPLE of the State of Colorado, In the Interest of M.L.M., a Child, Upon the Petition of the Denver Department of Human Services, Petitioner-Appellant, and Concerning L.M. and M.O.M., Respondents-Appellees. Nos. 03CA2390, 03CA2392.Colorado Court of Appeals. Division II. November 4, 2004. Appeal from the Juvenile Court, City and County of Denver, Karen M. Ashby, […]

SCOTT ALAN FRAZIER, Petitioner v. THE PEOPLE OF THE STATE OF COLORADO, Respondent. No. 03SC445.Supreme Court of Colorado. May 17, 2004. Rehearing Denied June 7, 2004[*] [*] Justice MARTINEZ and Justice BENDER would grant the Petition. Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 02CA1585. JUDGMENT AFFIRMED. No. 03SC445, Frazier v. […]

In re J.A. WALKER CO., INC., a Colorado corporation, Plaintiff v. CAMBRIA CORPORATION, a Colorado corporation; Excel Metals, Inc., a Colorado corporation; Redd Iron, Inc., a Colorado corporation; L W Supply Corporation, d/b/a Building Specialties, Inc.; and the City and County of Denver, a municipal corporation of the State of Colorado, Defendants. No. 06SA272.Supreme Court […]

In re the Marriage of David A. Schmidt, Appellant, and Cindy A. Schmidt, Appellee. No. 00CA1821Colorado Court of Appeals. January 17, 2002 Boulder County District Court No. 95DR81; Honorable Frank N. Dubofsky, Judge. ORDER VACATED AND CASE REMANDED WITH DIRECTIONS Jorgensen, Pepin Raba, Lewis Motycka, P.C., Jennifer L. Motycka, Longmont, Colorado, for Appellant Harriet G. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Dexter C. Wells, Defendant-Appellant. No. 85CA1151Colorado Court of Appeals. Decided December 24, 1987. Rehearing Denied January 28, 1988. Certiorari Granted People May 16, 1988 (88SC93). Appeal from the District Court of El Paso County Honorable Donald E. Campbell, Judge Page 421 Duane Woodard, Attorney General, Charles […]

Byong Chol Chae, Petitioner, v. The People of the State of Colorado, Respondent. No. 88SC47Supreme Court of Colorado. Decided September 18, 1989. Rehearing Denied October 23, 1989. Certiorari to the Colorado Court of Appeals Page 482 Vincent C. Todd, for Petitioner. Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, […]

City Market, Inc., Petitioner, v. The Industrial Claim Appeals Office of the State of Colorado, David Mitchem, Acting Director of the Division of Labor, Department of Labor and Employment, and Richard Heely, Respondents. No. 90CA1152Colorado Court of Appeals. Decided May 23, 1991. Rehearing Denied August 1, 1991. Certiorari Denied November 25, 1991 (91SC488). Page 1140 […]

Beatrice Foods Company, Inc., Petitioner, v. John J. Padilla; State Compensation Insurance Fund; Lakeside Park Company; Subsequent Injury Fund, and The Industrial Claim Appeals Office of the State of Colorado, Respondents. No. 86CA1505Colorado Court of Appeals. Decided August 27, 1987. Rehearing Denied October 1, 1987. Certiorari Denied December 21, 1987 (87SC375). Review of Order from […]

Clyde W. Richey and Kathryn O. Richey, Plaintiffs-Appellants, v. Roger H. Olson and Phyllis M. Olson, Defendants-Appellees. No. 84CA1089Colorado Court of Appeals. Decided October 17, 1985. Appeal from the District Court of Boulder County Honorable Richard C. McLean, Judge Brauchli and Jevons, Jack Owen Jevons, for Plaintiffs-Appellants. Terry Clausen, for Defendants-Appellees. Division II. Opinion by […]

Charles D. Baum, Plaintiff-Appellant, v. State Board for Community Colleges and Occupational Education; Arapahoe Community College; and Nancy L. Goodwin, in her capacity as President of Arapahoe Community College and as an Individual, Defendants-Appellees. No. 85CA1472Colorado Court of Appeals. Decided January 30, 1986. Appeal from the District Court of the City and County of Denver […]

City of Aurora, Colorado; City of Thornton, Colorado; City of Westminster, Colorado; City of Broomfield, Colorado; City of Federal Heights, Colorado; and City of Brighton, Colorado, Plaintiffs-Appellants and Cross-Appellees, v. The Board of County Commissioners of the County of Adams, Colorado; and the following officers in their official capacities, Helen Hill, Treasurer, Terry Funderburk, Finance […]

(512 P.2d 629) The People of the State of Colorado v. Albert Randolph Baird and Karen Barbara Kurtz No. 26038Supreme Court of Colorado. Decided July 30, 1973. Interlocutory appeal by the People from a ruling of the trial court granting defendants’ motion to suppress. Ruling Reversed 1. COURTS — United States Supreme Court — Spinelli […]

CITY OF COLORADO SPRINGS, a home rule municipality, Petitioner v. Valerie POWELL, a natural parent of decedent; Steven Powell, individually; and James Powell, a minor, by and through his conservator, Mark Elliott. City of Longmont, Petitioner v. Judith Henry-Hobbs, Respondent Nos. 05SC743, 05SC746.Supreme Court of Colorado. April 9, 2007. Appeal from the District Court, El […]

559 P.2d 1101 The People of the State of Colorado v. Nick Fermine Romero, Jr. No. 27097Supreme Court of Colorado. Decided November 15, 1976. Defendant appeals from an order of the district court revoking his probation. Order Vacated 1. PROBATION AND PAROLE — Payment — Costs — Legal Representation — Failure to Make Finding — […]

37 P.2d 382 CRUSE v. RICHARDS. No. 13,618.Supreme Court of Colorado. Decided October 15, 1934. Primary election contest involving office of county commissioner. Judgment of dismissal. Affirmed. 1. ELECTIONS — Primary — Contest — Service of Summons. Service of summons in a primary election contest one day later than the time specified by statute held […]

(408 P.2d 431) William D. Gottfried v. The People of the State of Colorado. No. 21330Supreme Court of Colorado. Decided December 6, 1965. Defendant was convicted of conspiracy to commit burglary and brought error. Affirmed. 1. CRIMINAL LAW — Charges — Dismissal — Justice of Peace — Reasonable Time — Filing of Complaint. Trial court […]

(365 P.2d 233) JOHANNES APPELHANS, ET AL. v. CAROL KIRKWOOD, A MINOR, ETC. No. 19,470.Supreme Court of Colorado. Decided October 2, 1961. Action by minor for damages for personal injuries resulting from automobile accident. From a judgment for plaintiff the defendants bring error. Affirmed. 1. AUTOMOBILES — Guest — Assumption of Risk — Evidence. Evidence […]

Platte Valley Lumber, Inc. and Colorado Compensation Insurance Authority, Petitioners, v. The Industrial Claim Appeals Office of the State of Colorado and Jan L. Snider, Respondents. No. 93CE0008Colorado Court of Appeals. Decided February 10, 1994 Certiorari to the Industrial Claim Appeals Office of the State of Colorado, WC Nos. 4-125-492 and 4-133-640 Page 635 ORDER […]

(283 P.2d 162) ANITA COULTER CARRERA v. RICHARD C. KELLEY AND CLARA B. KELLEY. No. 17,605.Supreme Court of Colorado. Decided April 25, 1955. Rehearing denied May 23, 1955. Dependency proceeding involving the custody of a minor child. Judgment for petitioners. Reversed and Remanded With Directions. 1. COURTS — Jurisdiction — County Courts. A county court […]

(437 P.2d 59) Bald Eagle Mining and Refining Company, a Colorado corporation v. L. J. Brunton, Dorothy F. Atkisson, Oscar G. Atkisson, E. A. Fain, Hazel N. Fain, Hazel Nell Fain, Russell C. Taylor, Joyce E. Taylor, J. G. Mortensen, and all unknown persons who claim any interest in the subject matter of this action. […]

(459 P.2d 285) Crist Silva, also known as Chris Silva and Crist Donald Silva v. The People of the State of Colorado. No. 22804.Supreme Court of Colorado. Decided October 6, 1969. Defendant was convicted of burglary and in a subsequent proceeding verdicts were returned finding defendant had suffered three previous felony convictions and pursuant to […]

The People of the State of Colorado, Complainant, v. Jeffry L. Fry, Attorney-Respondent. No. 94SA185Supreme Court of Colorado. Decided June 6, 1994 Original Proceeding in Discipline PUBLIC CENSURE Linda Donnelly, Disciplinary Counsel, John S. Gleason, Assistant Disciplinary Counsel, of Denver, Colorado Attorneys for Complainant Jeffry L. Fry, Pro Se, Littleton, Colorado EN BANC PER CURIAM […]

Welby Gardens, Petitioner, v. Adams County Board of Equalization; Board of Assessment Appeals, State of Colorado, Respondents. No. 02SC415.Supreme Court of Colorado. En Banc. June 23, 2003. Certiorari to the Colorado Court of Appeals, Court of Appeals Case No. 01CA0307 JUDGMENT AFFIRMED No. 02SC415, Welby Gardens v. Adams County Board of Equalization; Boardof Assessment Appeals: […]

(577 P.2d 307) The People of the State of Colorado v. Thomas Duran No. 76-203Colorado Court of Appeals. Decided January 5, 1978. Rehearing denied February 2, 1978. Certiorari denied April 17, 1978. Defendant appealed from murder convictions arising from double killing perpetrated during late night brawl and shooting at restaurant. Reversed 1. CRIMINAL LAW — […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, Sheldon ELIE, Defendant-Appellant. No. 04CA0940.Colorado Court of Appeals. September 7, 2006. Appeal from the District Court, City and County of Denver, Sheila A. Rappaport, J. Page 360 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

The People of the State of Colorado, Plaintiff-Appellee, v. Harry T. Eckert, Defendant-Appellant. No. 94CA1600, No. 94CA1634Colorado Court of Appeals. Decided May 30, 1996 Petitions for Rehearing DENIED August 1, 1996 Appeal from the District Court of Adams County, Honorable Donald Marshall, Jr., Judge, Honorable John J. Vigil, Judge, No. 91CR201. JUDGMENT AFFIRMED Page 963 […]

Warner Lasher and Shirley Lasher, Plaintiffs-Appellants, v. Larry J. Paxton, Defendant-Appellee. No. 97CA1000Colorado Court of Appeals. March 5, 1998 Petition for Rehearing DENIED April 9, 1998 Appeal from the District Court of El Paso County, Honorable Thomas K. Kane, Judge, No. 92CV793 ORDERS AFFIRMED IN PART, REVERSED IN PART, AND CAUSE REMANDED WITH DIRECTIONS Winston […]

(552 P.2d 313) Ranchers and Farmers Livestock Auction Company, a New Mexico corporation v. Leslie E. Honey, Ronald L. Honey, and Donald D. Honey, d/b/a La Junta Livestock Commission Company No. 75-420Colorado Court of Appeals. Decided June 24, 1976. Petition for rehearing granted and prior opinion announced May 6, 1976, withdrawn. Petition for Certiorari Stricken […]

Thomas E. Kelley, Petitioner-Appellant, v. Grand County Board of Equalization, Respondent-Appellee, and Board of Assessment Appeals of the State of Colorado, Appellee. No. 96CA0671Colorado Court of Appeals. February 20, 1997 Appeal from the Colorado State Board of Assessment Appeals No. 30060 ORDER AFFIRMED Thomas E. Kelley, Pro Se Grand County Attorney, Anthony J. DiCola, Hot […]

In re the Marriage of: Linda Cheryl Posinoff, Appellant, and Mark Allen Posinoff, Appellee. No. 83CA0897Colorado Court of Appeals. Decided May 24, 1984. Appeal from the District Court of Mesa County Honorable William M. Ela, Judge Bernard A. Poskus, for appellant. No appearance for appellee. Division I. Opinion by JUDGE STERNBERG. [1] In this action, […]

(373 P.2d 525) JOHN P. HAMM, ET AL. v. THE TWIN LAKES RESERVOIR AND CANAL COMPANY, ET AL. No. 20,020.Supreme Court of Colorado. Decided July 23, 1962. On motion of plaintiff in error to dismiss writ of error without prejudice. Writ of Error Dismissed. 1. APPEAL AND ERROR — Judgment — Less than all Claims […]

(586 P.2d 1331) Thelma Gelfand v. The People of the State of Colorado No. C-1470Supreme Court of Colorado. Decided November 27, 1978. Defendant was convicted of theft. The court of appeals affirmed the conviction and certiorari was granted. Reversed 1. CRIMINAL PROCEDURE — Speedy Trial — Assertion — Proper. A defendant is not precluded from […]

(601 P.2d 353) Dairyland Insurance Company, a Wisconsin corporation v. Emiliano Marez, James Marez, Bernadette Valdez and Julia Valdez a/k/a Julia Valdez Montoya No. 78-493Colorado Court of Appeals. Decided June 28, 1979. Rehearing denied July 26, 1979. Certiorari granted October 9, 1979. In declaratory judgment action, trial court ruled that automobile liability insurer was not […]

Donald C. HESSE, II, Petitioner v. Colleen S. McCLINTIC, D.C., Respondent. NO. 06SC624.Supreme Court of Colorado. January 14, 2008. Rehearing Denied February 4, 2008.[*] [*] Justice Hobbs, Justice Bender and Justice Rice would grant the Petition. Appeal from the District Court, Douglas County, Thomas J. Curry, J. Page 760 Campbell Latiolais Ruebel, P.C., Colin C. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Tyrone Scott Guilbeaux, Defendant-Appellant. No. 86CA0416Colorado Court of Appeals. Decided April 14, 1988. Opinion Modified, and As Modified, Rehearing Denied May 19, 1988. Certiorari Denied September 19, 1988 (88SC269). Appeal from the District Court of Arapahoe County Honorable Joyce S. Steinhardt, Judge Page 256 Duane Woodard, […]

99 P.2d 201 ERWIN v. WEST. No. 14,571Supreme Court of Colorado. Decided September 11, 1939. Rehearing denied October 30, 1939. A controversy between mortgagor and mortgagee concerning a certain fund in the depository of the district court. Judgment for plaintiff. Reversed. 1. MORTGAGES — Possession of Property. Under code section 281, a mortgagee is without […]

The People of the State of Colorado, Plaintiff-Appellee, v. Philip Leslie Galimanis, Defendant-Appellant. No. 84CA0809Colorado Court of Appeals. Decided September 22, 1988. Prior Opinion Announced July 7, 1988 Withdrawn September 22, 1988. Rehearing Granted Plaintiff-Appellee September 22, 1988. Rehearing Denied Defendant-Appellant September 22, 1988. Rehearing Denied November 25, 1988. Certiorari Granted 07/17/89 (88SC624). Certiorari Denied […]

In re the Marriage of Janet A. Bregar, Appellee, and Conrad T. Swanson, Appellant. No. 96CA0780Colorado Court of Appeals. July 10, 1997 Petition for Rehearing DENIED August 28, 1997 Petition for Writ of Certiorari DENIED February 23, 1998 Appeal from the District Court of Boulder County, Honorable Joseph J. Bellipanni, Judge, No. 89DR104 ORDER AFFIRMED […]

125 P.2d 146 ALLISON v. THE PEOPLE. No. 15,097.Supreme Court of Colorado. Decided April 6, 1942. Rehearing denied April 27, 1942. Plaintiff in error was convicted of larceny. Affirmed. On Application for Supersedeas. 1. CRIMINAL LAW — Failure of Defendant to Testify — Inferences. The fact that defendant in a criminal case does not testify […]

ABC Mobile Systems, Inc., a California corporation, qualified to transact business in the State of Colorado, successor in interest of Associated Brake Company, a California corporation, Plaintiff-Appellant, v. Myron J. Harvey Thomas A. Thomason, individually and as General Partners of ABC Mobile Brake; and ABC Mobile Brake, a General Partnership, Defendants-Appellees. No. 84CA0663Colorado Court of […]

(366 P.2d 548) CITY AND COUNTY OF DENVER, ET AL. v. EARL R. RINKER, ET AL. No. 19,673, and 16,674.Supreme Court of Colorado. Decided November 27, 1961. Action involving status of deputy sheriffs and jailers under Career Service Authority of City and County of Denver. From adverse judgments the plaintiffs bring error. Affirmed. 1. CIVIL […]

32 P.2d 842 DUVALL v. DUVALL. No. 13,514.Supreme Court of Colorado. Decided May 7, 1934. Contempt proceedings against a divorced father for failure to comply with court orders to contribute to the support of his minor child. Judgment absolving defendant from contempt and reducing amount of monthly payments for support of child. Reversed. On Application […]

(314 P.2d 291) DIANA GAYLE EVANS, ETC. v. CHARLES D. EVANS. No. 18,164.Supreme Court of Colorado. Decided August 12, 1957. Habeas corpus proceedings to determine custody of minor child in a divorce case. From a judgment discharging the writ and remanding the child to the custody of the father, the mother brings error. Reversed and […]

(572 P.2d 489) Bilar, Inc. v. Gary Sherman, individually, Joseph Zimmerman, individually, and G.J.S. Enterprises, Inc. No. 76-786Colorado Court of Appeals. Decided September 1, 1977. Rehearing denied October 6, 1977. Two individual defendants in action on promissory note sought, and were awarded, summary judgment on ground that sheriff’s levy and execution against personal property of […]

The PEOPLE of the State of Colorado, Petitioner v. Adolph Quinten SHERROD, Respondent. No. 07SC812.Supreme Court of Colorado. March 30, 2009. Appeal from the District Court, El Paso County, Barney Iuppa, Acting District Judge. Page 467 John W. Suthers, Attorney General, Laurie A. Booras, First Assistant Attorney General, Denver, Colorado, Attorneys for Petitioner. Keyonyu X. […]

(364 P.2d 1062) JOHN JACKSON DYER v. PEOPLE OF THE STATE OF COLORADO. No. 19,808.Supreme Court of Colorado. Decided September 18, 1961. Rehearing denied October 2, 1961. Defendant was convicted of aggravated robbery and brings error. Affirmed. 1. CRIMINAL LAW — Appeal and Error — Matters Considered. Only matters called to the attention of the […]

78 P.2d 628 BULLINGTON ET AL. v. ROOT. No. 14,317.Supreme Court of Colorado. Decided April 18, 1938. Proceeding involving appeal from a judgment of a justice of the peace to the county court. Motion to dismiss the appeal on the ground of insufficiency of the docket fee paid, sustained. Reversed. On Application for Supersedeas. 1. […]

(589 P.2d 953) The People of the State of Colorado v. Isaac Nutter No. 28137Supreme Court of Colorado. Decided January 29, 1979. Appeal from the district court of the City and County of Denver. Appeal Dismissed 1. APPEAL AND ERROR — State of Record — Inability to Determine Facts — Dismissal. Where the state of […]

The People of the State of Colorado, Plaintiff-Appellant, v. David W. Rocha, Defendant-Appellee. No. 82SA168Supreme Court of Colorado. Decided September 13, 1982. Interlocutory Appeal From the District Court of Adams County, Honorable Philip F. Roan, Judge. Paul Q. Beacom, District Attorney, Steven Bernard, Chief Trial Deputy, for plaintiff-appellant. Daniel, McCain Brown, T. William Wallace, for […]

(607 P.2d 405) David Lucero v. Alan Charnes, as Director of the Department of Revenue for the State of Colorado No. 79CA0783Colorado Court of Appeals. Decided February 14, 1980. The Director of the Department of Revenue appealed district court judgment setting aside the revocation of driver’s license and awarding driver costs. Affirmed in Part Reversed […]

(563 P.2d 382) The People of the State of Colorado v. Siyani Funsani Masamba, formerly known as Freddie Lee Glenn, Jr., The People of the State of Colorado v. Auguster Sims No. 76-312 No. 76-260Colorado Court of Appeals. Decided April 7, 1977. In each of two criminal appeals, People moved for dismissal of the appeal […]

Sheila Sewell, individually and on behalf of Chad Edward Sewell, Cory Everett Sewell and Christi Lea Sewell, Plaintiffs-Appellants, v. Public Service Company of Colorado, Defendant-Appellee. No. 90CA0563Colorado Court of Appeals. Decided November 21, 1991. Rehearing Denied December 19, 1991. Certiorari Denied July 7, 1992 (92SC38). Appeal from the District Court of Eagle County Honorable William […]

SCOULAR COMPANY, Plaintiff-Appellee, v. Doug DENNEY, Defendant-Appellant. No. 05CA0200.Colorado Court of Appeals. November 2, 2006. As Modified on Denial of Rehearing December 14, 2006. Appeal from the Phillips County District Court No. 02CV21, Michael K. Singer, J. Page 616 McGloin, Davenport, Severson and Snow, P.C., Krista L. Tushar, Denver, Colorado, for Plaintiff-Appellee. Block Markus Williams, […]

(436 P.2d 669) Glendale Water and Sanitation District, a Colorado corporation, and Denver Mortar and Materials Company, a Colorado corporation v. City and County of Denver, a Municipal corporation. No. 21880.Supreme Court of Colorado. Decided January 22, 1968. Rehearing denied February 19, 1968. Action by city against district for injunctive relief and damages with reference […]

Jerry E. CARDWELL, Petitioner v. The PEOPLE of the State of Colorado, Respondent. No. 06PDJ028.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. Court of Colorado. November 21, 2006. Page 482 Attorney Regulation. Following a Rein-statement Hearing, a Hearing Board granted a Petition for Reinstatement filed by Jerry E. Cardwell and immediately […]

Charles E. Ahart and Gavin McWhirter, Complainants-Appellees, and State Personnel Board, Appellee, v. Department of Corrections, Division of Adult Services, Buena Vista Correctional Facility, Respondent-Appellant. No. 95CA1928Colorado Court of Appeals. August 22, 1996 Petition for Rehearing DENIED October 3, 1996. Certiorari Granted August 18, 1997. Appeal from the Colorado State Personnel Board, No. 95B077. ORDER […]

60 P.2d 223 MUNFRADA ET AL. v. THE PEOPLE. No. 13,943.Supreme Court of Colorado. Decided August 10, 1936. Plaintiffs in error were convicted of larceny. Reversed. 1. CRIMINAL LAW — Trial — Evidence. In the trial of a criminal case, cross-examination of defendant as to the commission of other independent crimes, held improper and prejudicial […]

The People of the State of Colorado, Plaintiff-Appellee, v. Richard S. Demarest, Defendant-Appellant. No. 89CA0447Colorado Court of Appeals. Decided May 3, 1990. Rehearing Denied June 14, 1990. Certiorari Denied November 19, 1990 (90SC439). Appeal from the District Court of Jefferson County Honorable Michael C. Villano, Judge Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy […]

(500 P.2d 137) The People of the State of Colorado v. George D. Duncan No. 24888Supreme Court of Colorado. Decided August 8, 1972. Defendant was convicted of aggravated robbery and brought error. Affirmed 1. ARREST — Warrantless — Denver Robbery — Officers — Facts — Kansas City — — Probable Cause. Where intensive investigation by […]

(350 P.2d 202) CHESTER TURNER, ET AL. v. RAY J. HUNTER, ET AL. No. 18,402.Supreme Court of Colorado. Decided March 7, 1960. Proceeding by mother for custody of her minor children. Judgment for plaintiffs. Affirmed. 1. PARENT AND CHILD — Custody — Natural Parents — Rights — Findings. In a proceeding for the custody of […]

The People of the State of Colorado, Plaintiff-Appellee, v. Juan R. Vasallo-Hernandez, Defendant-Appellant. No. 94CA1136Colorado Court of Appeals. Decided October 26, 1995 Petition for Rehearing DENIED Appeal from the District Court of Weld County Honorable William L. West, Judge No. 93CR277 JUDGMENT REVERSED, AND CAUSE REMANDED WITH DIRECTIONS Gale A. Norton, Attorney General, Stephen K. […]

Bear Creek Water and Sanitation District, a quasi-municipal corporation, Plaintiff-Appellant, v. The Board of County Commissioners of Jefferson County, a body politic and corporate, Defendant-Appellee. No. 94CA0057Colorado Court of Appeals. Decided March 9, 1995. Petition for Rehearing DENIED April 6, 1995. Petition for Writ of Certiorari DENIED August 28, 1995. Appeal from the District Court […]

The United States of America, Appellant, v. Robert W. Jesse, Water Division No. 2 Engineer; State of Colorado, Department of Natural Resources and all other Departments, Agencies and Divisions, and on behalf of the People of the State of Colorado; City and County of Denver, by and through its Board of Water Commissioners; Southeastern Colorado […]

(370 P.2d 755) PAUL GALLEGOS v. THE PEOPLE OF THE STATE OF COLORADO. No. 19,867.Supreme Court of Colorado. Decided April 9, 1962. Rehearing denied April 30, 1962. Defendant was convicted of burglary and brings error. Affirmed. 1. CRIMINAL LAW — Burglary — Hotel Room — Information — Allegations — Statute. Under C.R.S. ’53, 40-3-6 (1960 […]

State of Colorado, Department of Revenue, Motor Vehicle Division, and Rick Pherson, Hearing Officer, Petitioners, v. Mickey Lee Borquez, Respondent. No. 85SC466Supreme Court of Colorado. Decided March 14, 1988. Certiorari to the Colorado Court of Appeals Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, Solicitor General, Steven M. Bush, […]

142 P.2d 388 NELSON v. THE PEOPLE. No. 15,374.Supreme Court of Colorado. Decided October 4, 1943. Rehearing denied November 1, 1943. Plaintiff in error was convicted of grand larceny. Affirmed. On Application for Supersedeas. 1. CRIMINAL LAW — Larceny — Information — Ownership. Where the subject of larceny is the property of a decedent’s estate, […]

The People of the State of Colorado, Plaintiff-Appellee, v. Anthony G. Martinez, Defendant-Appellant. No. 86CA1539Colorado Court of Appeals. Decided November 12, 1987. Rehearing Denied December 24, 1987. Certiorari Denied March 14, 1988 (88SC33). Appeal from the District Court of Jefferson County Honorable James D. Zimmerman, Judge Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy […]

69 P.2d 306 SMOOKLER v. NICOLL BROS. OIL, INC. No. 14,107.Supreme Court of Colorado. Decided June 7, 1937. Suit for money alleged to be due on a lease. Judgment for defendant. Affirmed. 1. APPEAL AND ERROR — Assignments. Assignments of error, that the judgment is contrary to the law and to the evidence, do not […]

Shelter Mutual Insurance Company and shelter General Insurance Company, Petitioners, v. Christopher Thompson, Respondent. No. 92SC104Supreme Court of Colorado. Decided May 24, 1993. Certiorari to the Colorado Court of Appeals Page 460 Greengard Senter Goldfarb Rice, Thomas S. Rice, Mark C. Overturf, Peter H. Doherty, for Petitioners. Caplin Hugen, Brian K. Hugen, for Respondent. Anderson, […]

(350 P.2d 564) ROBERT RUSSELL ROY, ET AL. v. HARRY C. TINSLEY, WARDEN. No. 19,231.Supreme Court of Colorado. Decided March 28, 1960. Petition for writ of habeas corpus based upon claim of illegal sentence. Writ denied. Affirmed. 1. CRIMINAL LAW — Sentence — Age of Defendant — Statute. Under chapter 36, Laws of 1958, persons […]

(559 P.2d 252) Mountain States Telephone and Telegraph Company, a Colorado corporation v. Department of Labor and Employment, Industrial Commission of the State of Colorado (ex officio Unemployment Compensation Commission of Colorado) and Linda K. Peterson No. 76-176Colorado Court of Appeals. Decided October 14, 1976. Rehearing denied November 26, 1976. Claimant for unemployment compensation was […]

(492 P.2d 70) Marvin Leo Silcott v. The People of the State of Colorado. No. 24472.Supreme Court of Colorado. Decided December 6, 1971. Rehearing denied January 10, 1972. Defendant was convicted of the wilful failure to support his five minor children and brought error. Affirmed. 1. WITNESSES — Prosecution — Failure to Support — Minor […]

185 P.2d 1006 STERLING LUMBER AND INVESTMENT COMPANY v. WILKINSON. No. 15,676.Supreme Court of Colorado. Decided October 14, 1947. Rehearing denied November 3, 1947. An action involving a lumber salesman’s commission under contract. Judgment for plaintiff. Reversed. 1. PRACTICE AND PROCEDURE — No Fact Issue. Where there is no issue of fact to go to […]

Steve Pacheco, Petitioner, v. Roaring Fork Aggregates; Colorado Compensation Insurance Authority; Subsequent Injury Fund; The Industrial Claim Appeals Office of the State of Colorado; and Director, Division of Workers’ Compensation, Respondents. No. 94CA0970Colorado Court of Appeals. Decided April 6, 1995 Petition for Rehearing DENIED May 11, 1995 Review of Order from the Industrial Claim Appeals […]

The People of the State of Colorado, Petitioner, v. Scott Elliott Raymer, Respondent. No. 81SC65Supreme Court of Colorado. Decided April 25, 1983. Rehearing Denied May 23, 1983. Certiorari to the Colorado Court of Appeals Page 1067 J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy Attorney General, Mary J. Mullarkey, Solicitor General, John Daniel Dailey, […]

(517 P.2d 466) Richard Adlai Schultz v. The People of the State of Colorado No. C-334Supreme Court of Colorado. Decided January 7, 1974. Defendant was convicted in the county court of violation of 1969 Perm. Supp., C.R.S. 1963, 40-23-3, which makes it unlawful to mutilate, deface and defile a flag of the United States with […]

(287 P.2d 663) LOUISE M. NUNEMACHER v. ROBERT N. NUNEMACHER, JR. No. 17,655.Supreme Court of Colorado. Decided September 12, 1955. Action for divorce and alimony. From an award of permanent alimony an division of property, the plaintiff brings error. Affirmed. 1. DIVORCE AND ALIMONY — Division of Property — Determination. Among the factors to be […]

Kathleen M. Busse, Irene Oliver, and Virginia L. Cusack, Plaintiffs-Appellants v. The City of Golden, a Colorado municipal corporation; and The City Council of the City of Golden, Defendants-Appellees. No. 02SA356.Supreme Court of Colorado. En Banc. June 30, 2003. As Modified on Denial of Rehearing July 28, 2003. Transfer from the Colorado Court of Appeals, […]

(592 P.2d 803) The People of the State of Colorado v. Earl V. Thompson, Jr. No. 28195Supreme Court of Colorado. Decided March 26, 1979. Rehearing denied April 16, 1979. Defendant was convicted of first-degree assault and appealed. Affirmed 1. INSTRUCTIONS, CRIMINAL — Defendant — Entitled — Theory — Evidence — Support. A defendant, upon request, […]

(402 P.2d 621) PAUL W. SWISHER AS COMMISSIONER OF AGRICULTURE OF THE STATE OF COLORADO, ET AL. v. OTIS P. BROWN AND GEORGE RUSS. No. 21510.Supreme Court of Colorado. Decided June 7, 1965. Action by plaintiff seeking a declaratory judgment with reference to the constitutionality of the Colorado Agricultural Marketing Act of 1939. Judgment for […]

(392 P.2d 597) JOSEPH H. SEIFERT v. DE LYDA SEIFERT. No. 21076.Supreme Court of Colorado. Decided June 1, 1964. From a judgment granted on a motion to enforce collection of an unpaid promissory note executed by ex-husband as part of a property settlement agreement pertaining to a divorce action adjudicated seven years earlier, the ex-husband […]

The People of the State of Colorado, Plaintiff-Appellee, v. Daniel Joseph Walter, Defendant-Appellant. No. 93CA1166.Colorado Court of Appeals. Decided December 1, 1994. Petition for Rehearing DENIED January 12, 1995. Appeal from the District Court of Jefferson County Honorable Christopher J. Munch, Judge No. 92CR1407. JUDGMENT REVERSED AND CAUSE REMANDED WITH DIRECTIONS. Page 241 Gale A. […]

City Center National Bank, N.A., Plaintiff-Appellant, v. Vincent Michael Barone, Brenda S. Barone and Western Mortgage Loan Corporation, a Utah corporation, Defendants-Appellees. No. 90CA0275Colorado Court of Appeals. Decided February 14, 1991. Appeal from the District Court of Arapahoe County Honorable Michael J. Watanabe, Judge. Ellwood, Ellwood Pontius, Corolyn J. Pontius, for Plaintiff-Appellant. Benjamin D. Knittel, […]

(365 P.2d 899) CARROLL QUELLAND v. LEONARD ROY. No. 19,580.Supreme Court of Colorado. Decided November 6, 1961. Action by former partner claiming right to additional sums from gross business of former partnership under dissolution agreement. From a judgment denying his claim and divesting him of interest as co-tenant in lease, the plaintiff brings error. Affirmed […]

Mohawk Green Apartments, a limited partnership, Plaintiff-Appellant, v. Mark S. Kramer, and Stanley Kramer, d/b/a A-OK Roofing, Defendants-Appellees. No. 84CA1249Colorado Court of Appeals. Decided October 3, 1985. Appeal from the District Court of the City and County of Denver Honorable Daniel B. Sparr, Judge Page 956 Paul D. Rubner, P.C., Lee M. Kutner, for Plaintiff-Appellant. […]

The People of the State of Colorado, Plaintiff-Appellant, v. Paul Montoya, Defendant-Appellee. No. 86SA22Supreme Court of Colorado. Decided March 28, 1988. Appeal from Adams County District Court Honorable Philip F. Roan, Judge Page 730 James F. Smith, District Attorney, Steven L. Bernard, Chief Trial Deputy, Joseph M. Elio, Deputy District Attorney, for Plaintiff-Appellant. Epstein, Lozow […]