PEOPLE v. GUTIERREZ, 622 P.2d 547 (Colo. 1981)

The People of the State of Colorado v. Jesus Franco Gutierrez No. 79SA370Supreme Court of Colorado. Decided January 19, 1981. Rehearing denied February 9, 1981. Appeal from the District Court of the City and County of Denver, Honorable John Brooks, Jr., Judge. Page 548 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

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BROWN v. COLORADO LTD. GAMING CONT., 1 P.3d 175 (Colo.App. 1999)

Russell L. Brown, Jr., Appellant, v. Colorado Limited Gaming Control Commission and the Colorado Division of Gaming, Appellees. No. 97CA1542Colorado Court of Appeals. March 4, 1999 Modified June 3, 1999. Petition for Rehearing DENIED June 14, 1999 Appeal from the Colorado Limited Gaming Control Commission ADOPTION OF RULE AFFIRMED Holley, Albertson Polk, P.C., Scott D. […]

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PEOPLE v. McCALL, 662 P.2d 178 (Colo. 1983)

The People of the State of Colorado, Plaintiff-Appellee, v. Timothy McCall, Defendant-Appellant. No. 82SA523Supreme Court of Colorado. Decided April 25, 1983. Appeal from the District Court of Eagle County, Honorable William L. Jones, Judge. J. D. MacFarlane, Attorney General, Charles B. Howe, Deputy Attorney General, Joel W. Cantrick, Solicitor General, Laura E. Udis, Assistant Attorney […]

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PEOPLE v. DURRE, 713 P.2d 1344 (Colo.App. 1985)

The People of the State of Colorado, Plaintiff-Appellee, v. Edgar Lee Durre, Defendant-Appellant. No. 84CA1070Colorado Court of Appeals. Decided September 19, 1985. Rehearing Denied October 17, 1985. Certiorari Denied March 3, 1986 (85SC459). Appeal from the District Court of Weld County Honorable Jonathan W. Hays, Judge Page 1345 Duane Woodard, Attorney General, Charles B. Howe, […]

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PEOPLE v. DISTRICT COURT OF DENVER, 953 P.2d 184 (Colo. 1998)

The People of the State of Colorado, Petitioner, v. The District Court, City and County of Denver; and one of the Judges thereof, Honorable Morris Ben Hoffman, Respondents. No. 97SA337Supreme Court of Colorado. January 20, 1998 Original Proceeding Pursuant to C.A.R. 21 RULE MADE ABSOLUTE Page 185 A. William Ritter, Jr., District Attorney, Second Judicial […]

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SCHAEFER v. SCHOOL DISTRICT, 111 Colo. 340 (1943)

141 P.2d 903 SCHAEFER ET AL. v. SCHOOL DISTRICT No. 18, OF ARAPAHOE COUNTY. No. 15,351.Supreme Court of Colorado. Decided September 13, 1943. Rehearing denied October 4, 1943. A proceeding in eminent domain brought by a school district. Judgment authorizing possession and use of the premises by the district was duly entered. Reversed. On Application […]

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POPIEL v. SCHOOLEY, 147 Colo. 76 (1961)

(362 P.2d 863) YALE POPIEL, D/B/A BIG FOUR TAVERNS v. JOHN M. SCHOOLEY, MANAGER OF SAFETY AND EXCISE, CITY AND COUNTY OF DENVER. No. 19,784.Supreme Court of Colorado. Decided June 12, 1961. Rehearing denied July 3, 1961. From judgment sustaining revocation of liquor license, the license, brings error. Affirmed. 1. LICENSES — Revocation — Findings […]

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PIPER v. MAYER, 145 Colo. 391 (1961)

(360 P.2d 433) FRANK Z. PIPER, ET AL. v. JOSEPH H. MAYER, ET AL. No. 19,246.Supreme Court of Colorado. Decided February 6, 1961. Rehearing denied March 6, 1961. Action for damages resulting from automobile collision. Judgment for defendants. Reversed. 1. NEGLIGENCE — Instructions — Evidence — Unavoidable Accident — Error. Where the undisputed evidence disclosed […]

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JOHNSON v. NEEL, 123 Colo. 377 (1951)

(229 P.2d 939) JOHNSON v. NEEL. No. 16,483.Supreme Court of Colorado. Decided March 26, 1951. An action to remove a cloud upon the title of real estate allegedly created by the filing of a mechanic’s lien. Judgment for respondent. Affirmed. 1. APPEAL AND ERROR — Findings — Evidence. The Supreme Court is “without authority to […]

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W. R. HALL TRANS. v. KING, 43 Colo. App. 202 (1979)

(606 P.2d 75) W. R. Hall Transportation and Storage Co., a Colorado corporation and Walter D. Wheeler and Linda Wheeler, d/b/a Diamond Trucking v. Peggy Lou King, Rancho Deluxe, Ltd., Kenneth M. Jones and Rita M. Jones and John Gatenby, the American Asphalt Corporation, Harry C. Lightner, Jean L. Lightner, Ralph W. Davidson, Mildred A. […]

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PEOPLE v. TRUJILLO, 627 P.2d 737 (Colo. 1981)

The People of the State of Colorado v. Benny J. Trujillo No. 79SA372Supreme Court of Colorado. Decided April 13, 1981. Rehearing denied May 18, 1981. Appeal from the District Court of Weld County, Honorable Willis K. Kulp, Judge. Page 738 J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy, Mary J. Mullarkey, Solicitor General, David […]

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WOOLSEY v. NELSON, 178 Colo. 144 (1972)

(496 P.2d 306) Luther Richard Woolsey v. William Nelson, Director of Corrections No. 25110Supreme Court of Colorado. Decided April 17, 1972. Rehearing denied May 8, 1972. Extradition proceeding by State of Missouri. From denial of defendant’s petition for release pursuant to writ of habeas corpus, he appealed. Page 145 Affirmed 1. EXTRADITION — Confinement — […]

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BANK v. TRUST CO., 86 Colo. 121 (1929)

278 P. 590 SOUTH DENVER BANK v. GUARDIAN TRUST COMPANY No. 12,306.Supreme Court of Colorado. Decided May 27, 1929. Action in replevin. Judgment of dismissal. Affirmed. 1. PERSONAL PROPERTY — Ownership — Possession. Possession of personal property is presumed to be based on ownership unless the contrary appears. 2. APPEAL AND ERROR — Insufficient Evidence. […]

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CITY MARKET v. ICAO, 68 P.3d 601 (Colo.App. 2003)

City Market, Inc., Petitioner, v. Industrial Claim Appeals Office of the State of Colorado and Amy Bueling, Respondents. No. 02CA1437.Colorado Court of Appeals. Division II. March 13, 2003. Industrial Claim Appeals Office of the State of Colorado; W.C. No. 4-309-813 ORDER AFFIRMED Page 602 Hoskin, Farina, Aldrich Kampf, Frederick G. Aldrich, Grand Junction, Colorado, for […]

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ARCHINA v. PEOPLE, 135 Colo. 8 (1957)

(307 P.2d 1083) FRANCISCO ARCHINA v. PEOPLE OF THE STATE OF COLORADO. No. 17,793.Supreme Court of Colorado. Decided February 27, 1957. Defendant was convicted of murder in the first degree and brings error. Reversed and Remanded With Directions. 1. HOMICIDE — Witnesses — Husband and Wife — Statutes. C.R.S. ’53, 153-1-7, providing that a wife […]

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WINKLER v. DEPT. OF HEALTH, 193 Colo. 170 (1977)

(564 P.2d 107) Rodney Joseph Winkler and Pet City, Inc., a Colorado corporation v. Colorado Department of Health, Edward G. Dreyfus, as Secretary of the Colorado Board of Health and as Executive Director of the Colorado Board of Health and Dr. John Emerson, as Director of Veterinary Medicine of the Colorado Board of Health No. […]

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ROSA v. WARNER ELECTRICAL CONTRACTING, 849 P.2d 845 (Colo.App. 1992)

Steven L. Rosa (Deceased), Christina Rosa, Joshua Rosa, Amber Rosa, and Nathaniel Rosa, Petitioners, v. Warner Electrical Contracting; Colorado Compensation Insurance Authority; and The Industrial Claim Appeals Office of the State of Colorado, Respondents. No. 91CA1523Colorado Court of Appeals. Decided September 10, 1992. Rehearing Denied October 8, 1992. Certiorari Granted April 12, 1993 (92SC689). Certiorari […]

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RECTOR v. CITY AND COUNTY OF DENVER, 122 P.3d 1010 (Colo.App. 2005)

Terri RECTOR, Damian Spencer, Lynn D. Jamison, Shirley Beamer, and Robert Wagner, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. CITY AND COUNTY OF DENVER, a municipal corporation; and ACS State and Local Solutions, Inc., a New York corporation, Defendants-Appellees. No. 03CA0857.Colorado Court of Appeals. January 27, 2005. Certiorari Denied October 24, […]

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DISCOVERY LD. v. COLO.-ASPEN DEV., 40 Colo. App. 292 (1977)

(577 P.2d 1101) Discovery Land and Development Company, a Colorado corporation, and Gary W. Short v. Colorado-Aspen Development Corp., a Colorado corporation; Mitchell Development Corporation of the Southwest, a Texas corporation; Mitchell Energy and Development Corp., a Texas corporation; and Mitchell Energy Corp., a Texas corporation No. 76-943Colorado Court of Appeals. Decided December 29, 1977. […]

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MANZANARES v. PEOPLE, 117 Colo. 466 (1948)

190 P.2d 582 MANZANARES v. THE PEOPLE FOR THE USE OF THE TOWN OF CENTER. No. 15,926.Supreme Court of Colorado. Decided October 27, 1947. On motion to dismiss the writ of error. Motion Denied. 1. APPEAL AND ERROR — Record. A cause brought to the Supreme Court by writ of error, necessarily must be determined […]

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BUNDY v. BIEN, 129 Colo. 286 (1954)

(269 P.2d 707) BUNDY v. BIEN. No. 17,273.Supreme Court of Colorado. Decided April 12, 1954. An action for damages for personal injuries incurred by plaintiff while a guest in defendant’s automobile resulting from a collision with another motor vehicle. Judgment for plaintiff. Affirmed. 1. AUTOMOBILES — Guests — Damages — Appeal and Error. In an […]

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ELAM v. ALBERS, 44 Colo. App. 281 (1980)

(616 P.2d 168) Robert E. Elam and Mildred Elam v. Maxine Albers, Richard Enstrom, and Errol Snider, all constituting the Mesa County Board of Commissioners No. 79CA0707Colorado Court of Appeals. Decided May 8, 1980. Rehearing denied June 5, 1980. Certiorari denied August 21, 1980. Board of County Commissioners appealed a determination by the district court […]

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PEOPLE v. MEDINA, 25 P.3d 1216 (Colo. 2001)

The People of the State of Colorado Plaintiff/Appellant, v. Joseph Lorence Medina, Defendant/Appellee. No. 00SA361Supreme Court of Colorado. June 25, 2001 Interlocutory Appeal from the District Court, Jefferson County, Case No. 99CR2904, Honorable Leland Anderson, Judge. ORDER AFFIRMED No. 00SA361: The People of the State of Colorado v. JosephLorence Medina Criminal Law — Fifth Amendment […]

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LUSTER v. BRINKMAN, 205 P.3d 410 (Colo.App. 2008)

Stacey LUSTER and Walter Luster, individually and as parents and next friends of Alyssa Luster, a minor, Plaintiffs-Appellants, v. Judith BRINKMAN, MD, and Colorado Springs Health Partners, P.C., Defendants-Appellees. No. 06CA2443.Colorado Court of Appeals. July 10, 2008. Rehearing Denied October 2, 2008. Appeal from the District Court, El Paso County, Larry E. Schwartz, J. Page […]

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STATE v. CASH AD. AND PREF., 205 P.3d 389 (Colo.App. 2008)

STATE of Colorado, ex rel. John W. SUTHERS, Attorney General, and Laura E. Udis, Administrator, Uniform Consumer Credit Code, Plaintiffs-Appellees, v. CASH ADVANCE AND PREFERRED CASH LOANS, Defendants-Appellants. No. 07CA0582.Colorado Court of Appeals. April 17, 2008. As Modified on Denial of Rehearing July 10, 2008. Page 390 Appeal from the District Court, City and County […]

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PEOPLE v. MAYNES, 193 Colo. 111 (1977)

(562 P.2d 756) The People of the State of Colorado v. David Alfonso Maynes No. C-975Supreme Court of Colorado. Decided April 18, 1977. Certiorari to review judgment of district court affirming respondent minor’s acquittal by county court of failure to report an accident. Judgment Disapproved 1. INFANTS — Interrogation — Crime — Statement — Inadmissible […]

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M M MGT. v. INDUS. CLAIM APP., 979 P.2d 574 (Colo.App. 1998)

M M Management Company and National Union Fire Insurance Company, Petitioner, v. The Industrial Claim Appeals Office of the State of Colorado and Paul Antonow, Colorado Disabled American Veterans Dept. of Colorado, Steve Maier, Maier Painting Maintenance, and Colorado Compensation Insurance Authority, Respondents. No. 98CA0370Colorado Court of Appeals. December 10, 1998 Rehearing Denied January 14, […]

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PEOPLE v. BOSTIC, 148 P.3d 250 (Colo.App. 2006)

The PEOPLE of the State of COLORADO, Plaintiff-Appellee, v. Julie A. BOSTIC, Defendant-Appellant. No. 03CA2114.Colorado Court of Appeals. May 4, 2006. Certiorari Denied October 16, 2006. Appeal from the District Court, City and County of Denver, No. 02CR3223, Paul A. Markson, Jr., J. Page 251 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

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PEOPLE v. REVELLO, JR., 735 P.2d 487 (Colo. 1987)

The People of the State of Colorado, Plaintiff-Appellant, v. Herman Revello, Jr., Defendant-Appellee. No. 85SA284Supreme Court of Colorado. Decided April 13, 1987. Appeal from the District Court, Adams County Honorable Michael Obermeyer, Judge Page 488 James F. Smith, District Attorney, Steven L. Bernard, Chief Trial Deputy, for Plaintiff-Appellant. David F. Vela, Colorado State Public Defender, […]

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BRITTON v. CITY OF TRINIDAD, 687 P.2d 523 (Colo.App. 1984)

Larry Britton, Plaintiff-Appellant, v. The City of Trinidad, a municipal corporation, and William Cordova, in his official capacity as City Manager of the City of Trinidad, Colorado, Defendants-Appellees. No. 83CA1462Colorado Court of Appeals. Decided August 9, 1984. Appeal from the District Court of Las Animas County Honorable Harry R. Sayre, Judge Page 524 Garrett Sheldon, […]

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PEOPLE v. RIDLEY, 872 P.2d 1377 (Colo.App. 1994)

The People of the State of Colorado, Plaintiff-Appellee, v. Gloria Ridley, Defendant-Appellant. No. 92CA1924Colorado Court of Appeals. Decided March 10, 1994 Appeal from the District Court of Jefferson County Honorable Harry Nieto, Judge, No. 92CR585 JUDGMENT AFFIRMED Page 1378 Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor […]

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MAMEDA v. DEPT. OF REVENUE, 698 P.2d 277 (Colo.App. 1985)

Herbert Dean Hideo Mameda, Plaintiff-Appellee, v. Colorado Department of Revenue, Defendant-Appellant. No. 84CA0079Colorado Court of Appeals. Decided February 28, 1985. Appeal from the District Court of Otero County Honorable Durant D. Davidson, Judge Page 278 No Appearance for Plaintiff-Appellee. Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, Solicitor General, […]

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JENKINS v. METROPOLITAN CO., 113 Colo. 68 (1944)

155 P.2d 772 JENKINS v. METROPOLITAN LIFE INSURANCE COMPANY. No. 15,186.Supreme Court of Colorado. Decided December 21, 1944. Rehearing denied January 8, 1945. A proceeding involving the disposition of the proceeds of an endowment policy of insurance. The judgment was adverse to the beneficiary named by insured. Reversed. On Application for Supersedeas. 1. INSURANCE — […]

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GRIFFIN v. UNITED BANK OF DENVER, 40 Colo. App. 513 (1978)

(580 P.2d 818) Wayne Richard Griffin and Mona R. Griffin v. United Bank of Denver, a National Association No. 77-660Colorado Court of Appeals. Decided March 30, 1978. Rehearing denied April 20, 1978. Certiorari granted June 26, 1978. In declaratory judgment action, trial court determined that a valid lien on plaintiffs’ home did arise from the […]

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PEOPLE v. STRACHAN, 775 P.2d 37 (Colo. 1989)

The People of the State of Colorado, Plaintiff-Appellant, v. Ronald James Strachan, Defendant-Appellee. No. 87SA329Supreme Court of Colorado. Decided June 19, 1989. Appeal from District Court, Adams County Honorable Philip F. Roan, Judge. Page 38 James F. Smith, District Attorney, Frank H. Oldham, Special Deputy District Attorney, for Plaintiff-Appellant. Craig L. Truman, P.C., Craig L. […]

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BARRON v. DISTRICT COURT, 683 P.2d 353 (Colo. 1984)

James R. Barron, Petitioner, v. District Court, City and County of Denver, Colorado and the Honorable Edward E. Carelli and the Honorable Warren O. Martin, Judges thereof, Respondents. No. 83SA427Supreme Court of Colorado. Decided June 25, 1984. Original Proceeding George J. Duckworth, for petitioner. Edward E. Carelli, Pro Se and Warren O. Martin, Pro Se. […]

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IN RE APPLICATION OF CHURCH, 833 P.2d 813 (Colo.App. 1992)

In the Matter of the Application of: Myrtle M. Church and Vaughn D. Church, Applicants-Appellees, v. For an Order Authorizing the Appointment of a Receiver Under a Power Contained in a Deed of Trust and Pursuant to Statute and Concerning J. Richard Sajbel, Appellant. No. 90CA2149Colorado Court of Appeals. Decided January 16, 1992. Rehearing Denied […]

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UNION INSURANCE CO. v. KJELDGAARD, 820 P.2d 1183 (Colo.App. 1991)

Union Insurance Co., Plaintiff-Appellee, v. Kristi Kjeldgaard, Dean Kjeldgaard, Kathryn Ross and Harold Ross, Defendants-Appellants. No. 89CA2160Colorado Court of Appeals. Decided October 24, 1991. Page 1184 Appeal from the District Court of Delta County Honorable Thomas A. Goldsmith, Judge. Hall Evans, Alan Epstein, for Plaintiff-Appellee. Hugh D. Wise, III, for Defendants-Appellants. Division III. Opinion by […]

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PEOPLE v. ESPINOZA, 195 P.3d 1122 (Colo.App. 2008)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Ted Anthony ESPINOZA, Defendant-Appellant. No. 06CA0127.Colorado Court of Appeals. April 3, 2008. As Modified on Denial of Rehearing May 29, 2008. Certiorari Denied November 10, 2008. Appeal from the District Court, Pueblo County, Dennis Maes, J. Page 1123 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

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HAYNES v. PEOPLE, 128 Colo. 565 (1953)

(265 P.2d 995) HAYNES v. THE PEOPLE. No. 17,032.Supreme Court of Colorado. Decided December 7, 1953. Revised opinion filed, and petition for rehearing denied January 25, 1954. Plaintiff in error was adjudged guilty of second degree murder. Reversed. 1. EVIDENCE — Depositions. “As a general rule, depositions of witnesses cannot be used where such witnesses […]

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BANK v. O’CONNELL, 77 Colo. 275 (1925)

236 P. 1002 FIRST NATIONAL BANK OF LAS ANIMAS v. O’CONNELL. No. 11,217.Supreme Court of Colorado. Decided May 4, 1925. Action to recover the value of mortgaged property. Judgment for defendant. Affirmed. On Application for Supersedeas. 1. CHATTEL MORTGAGE — Extension. The attempted extension of a chattel mortgage before the maturity of the mortgage indebtedness […]

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PEOPLE v. PIRO, 701 P.2d 878 (Colo.App. 1985)

The People of the State of Colorado, Plaintiff-Appellee, v. Michael Phillip Piro, Defendant-Appellant. No. 83CA1420Colorado Court of Appeals. Decided April 18, 1985. Rehearing Denied May 16, 1985. Appeal from the District Court of Jefferson County Honorable Gaspar F. Perricone, Judge Page 879 Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. […]

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PEOPLE v. DIST. CT., 189 Colo. 437 (1975)

(541 P.2d 683) The People of the State of Colorado v. District Court in and for the Tenth Judicial District, and Honorable Richard D. Robb, District Judge, within and for the County of Pueblo, State of Colorado No. 26770Supreme Court of Colorado. Decided October 20, 1975. Original proceeding brought by district attorney to prohibit respondent […]

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BLAKELEY v. PEOPLE, 104 Colo. 206 (1939)

89 P.2d 1015 BLAKELEY ET AL. v. PEOPLE EX REL. MADDEN. No. 14,370.Supreme Court of Colorado. Decided April 10, 1939. Rehearing denied May 1, 1939. Action in mandamus to compel payment of additional salary to the judge of a juvenile court. Writ granted. Affirmed. 1. JUDGES — Juvenile Courts — Salaries — Constitutional Law. Under […]

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JOHNSON v. INDUSTRIAL COMM., 137 Colo. 591 (1958)

(328 P.2d 384) DELLA JOHNSON, ET AL. v. INDUSTRIAL COMMISSION OF COLORADO, STATE COMPENSATION INSURANCE FUND, ET AL. No. 18,590.Supreme Court of Colorado. Decided July 28, 1958. Rehearing denied August 18, 1958. Claim for death benefits by widow and child under Workmen’s Compensation Act. Judgment affirming denial of an award. Reversed. 1. WORKMEN’S COMPENSATION — […]

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PEOPLE, INT. OF L.B., 33 Colo. App. 1 (1973)

(513 P.2d 1069) The People of the State of Colorado, In the Interest of L.B., and Concerning G.B. and N.B. No. 72-326Colorado Court of Appeals. Decided August 17, 1973. Delinquency adjudication. Following his arrest, child and his father, who was also incarcerated for an unrelated offense, signed a “voluntary Page 2 waiver of rights” form. […]

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PEOPLE v. JONES, 193 Colo. 250 (1977)

(565 P.2d 1333) The People of the State of Colorado v. William Eugene Jones No. 26988Supreme Court of Colorado. Decided May 31, 1977. Rehearing denied July 18, 1977. Defendant was convicted of first-degree murder and appealed. Affirmed 1. HOMICIDE — First-Degree Murder — Statute — Constitutional — Equal Protection — Distinct — Criminally Negligent. The […]

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PEOPLE v. BLEHM, 983 P.2d 779 (Colo. 1999)

The People of the State of Colorado, Petitioner, v. Larry E. Blehm, Respondent. The People of the State of Colorado, Petitioner/Cross-Respondent, v. James E. Saint-Veltri, Respondent/Cross-Petitioner. No. 97SC678.Supreme Court of Colorado. June 28, 1999. Rehearing Denied August 9, 1999.[*] [*] Justice SCOTT and Justice RICE do not participate. Appeal from the District Court of the […]

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PEOPLE v. RHORER, 946 P.2d 503 (Colo.App. 1997)

The People of the State of Colorado, Plaintiff-Appellee, v. Rex C. Rhorer, Defendant-Appellant. No. 93CA1510Colorado Court of Appeals. February 20, 1997 Petitions for Rehearing DENIED March 27, 1997 Petition for Writ of Certiorari GRANTED November 3, 1997. Cross-Petition for Writ of Certiorari DENIED. Appeal from the District Court of the City and County of Denver […]

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FENN v. KNAUSS, 87 Colo. 175 (1930)

285 P. 945 ESTATE OF WARNEKE. FENN ET AL. v. KNAUSS ET AL. No. 12,506.Supreme Court of Colorado. Decided March 3, 1930. Rehearing denied March 17, 1930. On petition of legatees for distribution under C. L. § 5358. Petition denied. Reversed. 1. EXECUTORS AND ADMINISTRATORS — Distribution — Appeal and Error. An executor has no […]

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PEOPLE v. POWELL, 10PDJ045 (Colo.O.P.D.J. 5-13-2010)

People v. Powell. 10PDJ045.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. May 13, 2010. Attorney Regulation. The Presiding Disciplinary Judge approved a Conditional Admission of Misconduct submitted by the parties and suspended Daniel P. Powell (Attorney Registration No. 13420) from the practice of law for a period of thirty days, all […]

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CAROTHERS v. ARCHULETA, 159 P.3d 647 (Colo.App. 2006)

Rick CAROTHERS and Cindy Carothers, individually and as next friends and guardians of Garrett Carothers, Plaintiffs-Appellees and Cross-Appellants, v. ARCHULETA COUNTY SHERIFF and Deputy Tom Gaskins, Defendants-Appellants and Cross-Appellees. Nos. 04CA0762, 04CA0998.Colorado Court of Appeals. June 15, 2006. Appeal from the District Court, Archuleta County, No. 03CV26, Gregory G. Lyman, J. Page 648 [EDITORS’ NOTE: […]

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PEOPLE v. DOOLEY, 944 P.2d 590 (Colo.App. 1997)

The People of the State of Colorado, Plaintiff-Appellee, v. James E. Dooley, Defendant-Appellant. No. 95CA0198Colorado Court of Appeals. January 23, 1997 Rehearing Denied March 6, 1997 Certiorari Denied October 20, 1997 Appeal from the District Court of Summit County, Honorable W. Terry Ruckriegle, Judge, No. 94CR13. JUDGMENT AFFIRMED Page 591 [EDITORS’ NOTE: THIS PAGE CONTAINS […]

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PEOPLE v. HOTLE, 35 P.3d 185 (Colo.O.P.D.J. 1999)

The PEOPLE of the State of Colorado, Complainant, v. R. Keith HOTLE, Respondent. No. 99PDJ038.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. November 16, 1999. Page 186 [1] [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 187 OPINION […]

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MAES v. PEOPLE, 166 Colo. 15 (1968)

(441 P.2d 1) Julio Maes v. The People of the State of Colorado. No. 22610.Supreme Court of Colorado. Decided May 20, 1968. Defendant was convicted of murder in the second degree and brought error. Reversed. 1. HOMICIDE — Charge of First-Degree — Second-Degree Conviction — Affray — Tavern — Soft Drink — Lack of Provocation […]

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MEES v. CANINO, 31 Colo. App. 514 (1972)

(503 P.2d 1036) Carl Mees v. Louis G. Canino No. 72-015Colorado Court of Appeals. Decided December 12, 1972. Action on promissory note. Corner of note stated the numerals “$27,000” while body of note provided that defendant would pay plaintiff, “Two Hundred Twenty-five dollars . . . said principal payable,” monthly. From judgment for $27,000, defendant […]

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COLORADO WATER CONSERV. v. CITY OF CENTRAL, 125 P.3d 424 (Colo. 2005)

COLORADO WATER CONSERVATION BOARD, Objector/Appellant/Cross-Appellee. v. CITY OF CENTRAL, Applicant/Appellee/Cross-Appellant, and City and County of Denver, acting by and through its Board of Water Commissioners; City of Arvada; City of Black Hawk; City of Thornton; City of Westminster; City of Northglenn; Board of County Commissioners of Gilpin County; Page 425 Lookout Mountain Water District; Missouri […]

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DORMAN v. PETROL ASPEN, 914 P.2d 909 (Colo. 1996)

Ben M. Dorman, Petitioner, v. Petrol Aspen, Inc., Respondent. No. 95SC96Supreme Court of Colorado. Decided April 15, 1996 Certiorari to the Colorado Court of Appeals JUDGMENT REVERSED AND CASE REMANDED Page 910 Sander N. Karp, Thomas A. Feldman, Denver, Colorado, Attorneys for Petitioner. Jean E. Dubofsky, P.C., Jean E. Dubofsky, Boulder, Colorado, Lance R. Cot, […]

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RIVERSIDE IRRIG. DIST. v. LAMONT, 194 Colo. 320 (1977)

(572 P.2d 151) The Riverside Irrigation District v. James D. Lamont, George Lamont and Agnes Lamont No. 27456Supreme Court of Colorado. Decided December 5, 1977. Opinion modified and as modified rehearing denied December 27, 1977. Suit by irrigation district to condemn private land for purpose of drilling groundwater wells to augment its supply of water. […]

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PEOPLE v. BEDWELL, 181 Colo. 20 (1973)

(506 P.2d 365) The People of the State of Colorado v. Robert A. Bedwell No. 25181Supreme Court of Colorado. Decided February 20, 1973. Defendant was convicted of aggravated robbery and appealed. Affirmed 1. ROBBERY — Aggravated — Tire Iron — Evidence — Acquittal — Denial — Proper. Where defendant was convicted of aggravated robbery and, […]

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ANDERSON v. LONGMONT TOYOTA, INC., 102 P.3d 323 (Colo. 2004)

Andrew ANDERSON and Industrial Claim Appeals Office of the State of Colorado, Petitioners, v. LONGMONT TOYOTA, INC.; HIH Insurance; and Western Guaranty Fund Services, Respondents. Timothy Krause and Industrial Claim Appeals Office of the State of Colorado, Petitioners, v. Sorter Construction, Inc.; and Pinnacol Assurance, Respondents. Nos. 03SC450, 04SC22.Supreme Court of Colorado. En Banc. December […]

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PEOPLE v. KING, 121 P.3d 234 (Colo.App. 2005)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Jason A. KING, Defendant-Appellant. No. 02CA0201.Colorado Court of Appeals. January 27, 2005. Certiorari Denied October 17, 2005. Appeal from the District Court, Denver County, Joseph E. Meyer, III, J. Page 235 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

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PEOPLE EX REL. v. WICKS, 101 Colo. 397 (1937)

74 P.2d 665 PEOPLE EX REL. ATTORNEY GENERAL v. WICKS. No. 14,066.Supreme Court of Colorado. Decided October 4, 1937. Proceeding on information and petition of the attorney general filed against respondent charging him as being in contempt of court for practicing law without a license. Rule to show cause discharged. 1. CONTEMPT — Practicing Law […]

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JRM, INC. v. COUNTY COMM., 200 Colo. 384 (1980)

(615 P.2d 31) JRM, Inc., a Colorado corporation, d/b/a Joy of Life v. Board of County Commissioners of Adams County, et al.; JRS, Inc., a Colorado corporation, d/b/a Eve’s Fig Leaf v. Board of County Commissioners of Adams County, et al. Nos. 28489 and 28490Supreme Court of Colorado. Decided August 18, 1980. Applicants in both […]

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PEOPLE v. PACHECO, 191 Colo. 499 (1976)

(553 P.2d 817) The People of the State of Colorado v. Jose Pacheco No. 26502Supreme Court of Colorado. Decided September 7, 1976. Defendant was convicted of menacing by use of a deadly weapon and complicity to assault in the third degree and appealed. Affirmed 1. MENACING — Felony — Use — Deadly Weapon. In order […]

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ANGLO-AMERICAN CO. v. BANK, 76 Colo. 57 (1924)

230 P. 118 ANGLO-AMERICAN MILL CO. v. FIRST NATIONAL BANK OF GLENWOOD SPRINGS. No. 10,931Supreme Court of Colorado. Decided October 6, 1924. Action to establish priority of lien on personal property. Judgment of dismissal. Affirmed. 1. APPEAL AND ERROR — Pleading — Motion, Demurrer. No error can be predicated on the action of the trial […]

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BOHRER v. DeHART, 969 P.2d 801 (Colo.App. 1998)

Christa A. Bohrer, Plaintiff-Appellee, v. Daniel DeHart, et al., Defendants, and concerning Rhinosoft, LLC, Garnishee-Appellant. No. 97CA1042Colorado Court of Appeals. November 13, 1998 Appeal from the District Court of the City and County of Denver, Honorable Connie L. Peterson, Judge, No. 93CV434 JUDGMENT AFFIRMED Page 802 Rench, Seelen Hazen, Joyce Seelen, Denver, Colorado, for Plaintiff-Appellee. […]

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HANES v. PEOPLE, 198 Colo. 31 (1979)

(598 P.2d 131) William Robert Hanes and Charles David Poole v. The People of the State of Colorado No. C-1534Supreme Court of Colorado. Decided June 11, 1979. Rehearing denied July 2, 1979. Defendants were convicted in the district court of second-degree forgery. The court of appeals, 42 Colo. App. 527, 596 P.2d 395, affirmed and […]

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PEOPLE EX REL. S.R.M., 153 P.3d 438 (Colo.App. 2006)

The PEOPLE of the State of Colorado, Petitioner-Appellee, In the Interest of S.R.M., a Child, and Concerning G.G., T.G., and Citizen Potawatomi Nation, Appellants, and N.P. and S.P., Intervenors. No. 06CA0665.Colorado Court of Appeals. November 30, 2006. Appeal from the District Court, Jefferson County, No. 05JV301, Brian D. Boatright, J. Page 439 Frank J. Hutfless, […]

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PEOPLE v. LESH, 668 P.2d 1362 (Colo. 1983)

The People of the State of Colorado, Plaintiff-Appellee, v. Bill Robert Lesh, Defendant-Appellant. No. 82SA316Supreme Court of Colorado. Decided August 29, 1983. Rehearing Denied September 26, 1983. Appeal from the District Court of Larimer County, Honorable John A. Price, Judge. Page 1363 J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy Attorney General, Joel W. […]

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DENVER FEED CO. v. CITY OF COMMERCE CITY, 702 P.2d 285 (Colo.App. 1985)

Denver Feed Company, a Colorado corporation, Plaintiff-Appellant, v. City of Commerce City; D.L. Wilson, Individually, and as Finance Director of the City of Commerce City; and Lee A. Matoush, Individually, and as Sales Tax Auditor for the City of Commerce City, Defendants-Appellees. No. 84CA0323Colorado Court of Appeals. Decided May 16, 1985. Appeal from the District […]

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STATE PERSONNEL BOARD v. LLOYD, 752 P.2d 559 (Colo. 1988)

State Personnel Board of the State of Colorado and the Members Thereof, to-wit: Randall C. Mustain-Wood, Tucker K. Trautman, Lincoln L. Baca, Raymond C. Delisle, Jan Knoop and M. Eileen Perichetti, Secretary-Administrator, Thomas R. Moeller and Edward A. Turrou, Hearing Officers appointed by State Personnel Board of the State of Colorado Department of Institutions, a […]

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LEWIS v. PEOPLE, 114 Colo. 411 (1946)

166 P.2d 150 LEWIS v. THE PEOPLE. No. 15,602.Supreme Court of Colorado. Decided January 28, 1946. Rehearing denied February 18, 1946. Plaintiff in error was convicted of the crime of larceny by bailee. Affirmed. On Application for Supersedeas. 1. CRIMINAL LAW — Larceny by Bailee — Proof. In order to prove the offense of larceny […]

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IN RE: PEOPLE v. ELLISON, 14 P.3d 1034 (Colo. 2000)

In re: The People of the State of Colorado, Petitioner-Plaintiff, v. Erik R. Ellison and Daniel Bartholomew, Respondents-Defendants. No. 99SA117Supreme Court of Colorado. December 4, 2000 Original Proceeding Pursuant to C.A.R. 21, Pueblo County District Court, Case Nos. 98CR1395 and 98CR1396, Honorable James H. Frasher, Jr., Judge. RULE MADE ABSOLUTE Page 1035 Gustave F. Sandstrom, […]

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KASTNER v. KASTNER, 90 Colo. 280 (1932)

9 P.2d 290 KASTNER v. KASTNER. No. 12,478.Supreme Court of Colorado. Decided February 15, 1932. Rehearing denied March 14, 1932. Action for divorce and alimony. Decree granted on motion of guilty defendant and alimony awarded plaintiff for support of minor child. Decree Held Void. Alimony Award Upheld. 1. DIVORCE AND ALIMONY — Decree on Motion […]

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PEOPLE v. MONTGOMERY, 743 P.2d 439 (Colo.App. 1987)

The People of the State of Colorado, Plaintiff-Appellee, v. Zannie E. Montgomery, Defendant-Appellant. No. 85CA1270Colorado Court of Appeals. Decided July 2, 1987. Rehearing Denied August 20, 1987. Page 440 Appeal from the District Court of El Paso County Honorable Donald E. Campbell, Judge Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard […]

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BAUCH v. ANDERSON, 178 Colo. 308 (1972)

(497 P.2d 698) Mary Lou Bauch v. Byron A. Anderson, Secretary of State, Duke W. Dunbar, Attorney General, Irving M. Mehler, Reporter of the Supreme Court, Sam C. Pandolfo III, Lad A. Felix, and Elizabeth J. Adams No. 25540Supreme Court of Colorado. Decided May 22, 1972. Original proceeding seeking to have Supreme Court hold insufficient […]

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NETWORK v. BOOR-CREPEAU, 790 P.2d 901 (Colo.App. 1990)

Network Telecommunications, Inc., d/b/a Nettel, a Colorado corporation, Plaintiff-Appellant, v. Diane Boor-Crepeau and Automated Communications, Inc., d/b/a ACI, a Colorado corporation, Defendants-Appellees. No. 89CA0411Colorado Court of Appeals. Decided March 15, 1990. Appeal from the District Court of the City and County of Denver Honorable Warren O. Martin, Judge Brenman, Raskin, Friedlob Tenenbaum, P.C., Richard C. […]

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PEOPLE v. FULLER, 756 P.2d 390 (Colo.App. 1987)

The People of the State of Colorado, Plaintiff-Appellee, v. Glen Stephen Fuller, Defendant-Appellant. No. 86CA0782Colorado Court of Appeals. Decided December 17, 1987. Rehearing Denied January 21, 1988. Certiorari Granted People June 6, 1988 (88SC81). Appeal from the District Court of Pitkin County Honorable Judson E. DeVilbiss, Judge Duane Woodard, Attorney General, Charles B. Howe, Chief […]

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GLEASON v. PATRICK, 150 Colo. 420 (1962)

(374 P.2d 195) THELMA HUGHES GLEASON v. AVA MARIE PATRICK. No. 20,026.Supreme Court of Colorado. Decided July 16, 1962. Rehearing denied September 10, 1962. Action for specific performance of option to purchase under contract for partition of land. Judgment for plaintiff. Reversed. 1. SPECIFIC PERFORMANCE — Partition Agreement — Option to Purchase — Preference. Where […]

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LOPEZ v. MOTOR VEHICLE DIV., 189 Colo. 133 (1975)

(538 P.2d 446) Edwin A. Pena Lopez and Benjamin Salgado v. Motor Vehicle Division, Department of Revenue, State of Colorado No. 26777Supreme Court of Colorado. Decided July 14, 1975. Rehearing denied August 5, 1975. Action by motor vehicle licensees challenging the ruling of the Motor Vehicle Division which had suspended their driving licenses after each […]

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D. S. L. RY. CO. v. EQUIPMENT CO., 87 Colo. 169 (1930)

285 P. 941 DENVER AND SALT LAKE RAILWAY CO. v. HITCHCOCK AND TINKLER EQUIPMENT CO. No. 12,296.Supreme Court of Colorado. Decided March 3, 1930. Action for conversion of personal property. Judgment for plaintiff. Affirmed. 1. CONVERSION — Proof. In an action for conversion of personalty, when plaintiff introduced its bill of sale with evidence of […]

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PEOPLE v. BENNETT, 843 P.2d 1385 (Colo. 1993)

The People of the State of Colorado, Complainant, v. R. Jerry Bennett, Attorney-Respondent. No. 92SA467Supreme Court of Colorado. Decided January 11, 1993. Original Proceeding in Discipline Linda Donnelly, Disciplinary Counsel, Sandra J. Pfaff, for Complainant. R. Jerry Bennett, Pro Se. EN BANC PER CURIAM [1] The assistant disciplinary counsel and the respondent in this attorney […]

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MOORE v. HENDLEY, 97 Colo. 258 (1935)

48 P.2d 808 MOORE v. HENDLEY ET AL. No. 13,703.Supreme Court of Colorado. Decided August 19, 1935. Action involving proceeds of life insurance policies. Judgment for defendants. Reversed. On Application for Supersedeas. 1. INSURANCE — Life — Beneficiaries. In an action involving two life insurance policies, it is held, under the disclosed facts, that the […]

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COUNTRY SQUIRE KENNELS v. TARSHIS, 899 P.2d 362 (Colo.App. 1995)

Country Squire Kennels and Colorado Compensation Insurance Authority, Petitioners, v. Debra Tarshis and the Industrial Claim Appeals Office of the State of Colorado, Respondents. No. 94CA1271Colorado Court of Appeals. June 15, 1995 Review of Order from the Industrial Claim Appeals Office of the State of Colorado No. 00 WC 3967901 ORDER SET ASIDE Colorado Compensation […]

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LORENZINI v. RUCKER, 95 Colo. 246 (1934)

35 P.2d 865 LORENZINI v. RUCKER. No. 13,273.Supreme Court of Colorado. Decided June 25, 1934. Rehearing denied July 23, 1934. Action for damages, for death of plaintiff’s wife, resulting from an automobile accident. Judgment for plaintiff. Affirmed. 1. APPEAL AND ERROR — Evidence. On review the evidence must be considered in the light most favorable […]

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DeBELL v. PEOPLE, 79 Colo. 137 (1926)

244 P. 600 DeBELL v. THE PEOPLE. No. 11,484.Supreme Court of Colorado. Decided March 1, 1926. Rehearing denied March 22, 1926. Plaintiff in error was convicted of statutory rape. Affirmed. On Application for Supersedeas. 1. CRIMINAL LAW — Information — Affidavit. There is no legal requirement that an affidavit in support of a criminal information […]

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PUEBLO v. PEOPLE, 129 Colo. 246 (1954)

(268 P.2d 702) PUEBLO, A MUNICIPAL CORPORATION v. PEOPLE EX REL. FLANDERS. No. 17,143.Supreme Court of Colorado. Decided March 29, 1954. An action to restrain a municipal corporation from obtaining and holding real estate tax deeds for the benefit of private parties. Judgment for plaintiff. Reversed. 1. ACTIONS — Quo Warranto — Injunction. Quo warranto […]

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PEOPLE v. PHILLIPS, 06PDJ005 (Colo.P.D.J. 6-14-2006)

People v. Phillips No. 06PDJ005Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. June 14, 2006. The Presiding Disciplinary Judge approved a Conditional Admission of Misconduct submitted by the parties and disbarred Respondent John D. Phillips (Attorney Registration No. 09486) from the practice of law, effective July 15, 2006. Respondent represented a […]

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ASSOC. BUS. PRODUCTS v. INDUS. CLAIM OFFICE, 126 P.3d 323 (Colo.App. 2005)

ASSOCIATED BUSINESS PRODUCTS and Liberty Mutual Group, Petitioners, v. INDUSTRIAL CLAIM APPEALS OFFICE OF the STATE OF COLORADO and Kevin McOmber, Respondents. No. 04CA2370.Colorado Court of Appeals. November 3, 2005. Page 324 Zarlengo Mott Zarlengo Winbourn, Scott M. Busser, Denver, Colorado, for Petitioners. No Appearance for Respondent for Industrial Claim Appeals Office. Wilcox Ogden, P.C., […]

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NEUHENGEN v. NEUHENGEN, 109 Colo. 354 (1942)

125 P.2d 968 NEUHENGEN v. NEUHENGEN. No. 14,869.Supreme Court of Colorado. Decided April 20, 1942. Judgment affirmed in department without written opinion, Mr. Chief Justice Young, Mr. Justice Knous, Mr. Justice Burke and Mr. Justice Jackson participating. Error to the District Court of the City and County of Denver, Hon. Stanley H. Johnson, Judge. Mr. […]

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HIMELGRIN v. CITY AND COUNTY OF DENVER, 717 P.2d 1006 (Colo.App. 1986)

Gerald Himelgrin and Lloyd K. Shinsato, Plaintiffs-Appellants, v. City and County of Denver, Career Service Authority, Career Service Board, Alfred Wood, Francis H. Salter, Leo E. Cardenas, Marian N. Rossmiller, as member of the Career Service Board, and A. H. Abshire, Personnel Director of the Career Service Authority, Defendants-Appellees. No. 85CA0974Colorado Court of Appeals. Decided […]

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BARNES v. FRANK, 28 Colo. App. 389 (1970)

(472 P.2d 745) Clare Barnes v. Harry Frank No. 70-273 (Supreme Court No. 23628)Colorado Court of Appeals. Decided July 14, 1970. Personal injury action resulting from collision between automobile in which plaintiff was a passenger and animals on highway which were owned by defendant. As a result of plaintiff’s expressed intention to rely solely on […]

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PEOPLE v. ALLAIRE, 843 P.2d 38 (Colo.App. 1992)

The People of the State of Colorado, Plaintiff-Appellee, v. Herbert Andrew Allaire, Defendant-Appellant. No. 90CA1874Colorado Court of Appeals. Decided May 21, 1992. Rehearing Denied July 2, 1992. Certiorari Denied January 19, 1993 (92SC484). Appeal from the District Court of Routt County Honorable Richard P. Doucette, Judge. Page 39 Gale A. Norton, Attorney General, Raymond T. […]

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MILLER v. INDUSTRIAL CLAIM APPEALS, 985 P.2d 94 (Colo.App. 1999)

Edward Eugene Miller, Petitioner, v. The Industrial Claim Appeals Office of the State of Colorado, San Juan County Mining, Colorado Compensation Insurance Authority, and Subsequent Injury Fund, Respondents. No. 98CA1275Colorado Court of Appeals. Division II May 27, 1999 Rehearing Denied August 5, 1999 Review of Order from the Industrial Claim Appeals Office of the State […]

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AHEARN v. GOBLE, 90 Colo. 173 (1932)

7 P.2d 409 AHEARN, ADMINISTRATRIX v. GOBLE. No. 12,575.Supreme Court of Colorado. Decided January 18, 1932. Proceeding to have a judgment allowed as a claim against the estate of the deceased judgment debtor. Claim allowed. Affirmed. 1. JUDGMENTS — Executors and Administrators — Actions. Personal judgment was entered against one Ahearn for debts of a […]

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COWELL SALES v. AIGNER, 634 P.2d 997 (Colo.App. 1981)

Cowell Sales Company, a Colorado corporation v. Phil Aigner, a/k/a Phillip R. Aigner No. 80CA1014Colorado Court of Appeals. Decided April 30, 1981. Rehearing denied June 4, 1981. Certiorari granted October 19, 1981. Appeal from the District Court of Arapahoe County, Honorable Joyce S. Steinhardt, Judge. Knight Schneider, Phyllis G. Knight, for plaintiff-appellee. A. Daniel Rooney, […]

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KNORR v. CENTENNIAL CLUB, 134 Colo. 5 (1956)

(298 P.2d 736) L. E. KNORR v. THE CENTENNIAL TURF CLUB. No. 17,883.Supreme Court of Colorado. Decided June 18, 1956. Rehearing denied July 9, 1956. Action to foreclose mechanic’s line. the complaint was dismissed as against defendant Centennial Turf Club and plaintiff brings error. Affirmed. Error to the District Court of Arapahoe County, Hon. Christian […]

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PEOPLE v. AFENTUL, 773 P.2d 1081 (Colo. 1989)

The People of the State of Colorado, Plaintiff-Appellant, v. Fred L. Afentul, Defendant-Appellee. No. 87SA334Supreme Court of Colorado. Decided May 30, 1989. Appeal from District Court, El Paso County Honorable James M. Franklin, Judge. Page 1082 Barney Iuppa, District Attorney, David H. Zook, Chief Deputy District Attorney, for Plaintiff-Appellant. No Appearance for Defendant-Appellee. EN BANC […]

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KAISER v. LAKEWOOD, 33 Colo. App. 239 (1973)

(517 P.2d 471) Glenn C. Kaiser, Naoma H. Kaiser, Larry E. Kaiser, Shirley M. Kaiser, Ralph Snyder and Grace Robertson v. The City of Lakewood, Robert T. Bailey, W. E. Brown, Robert S. Clement, Ted Eaker, E. A. Fortier, Melvin D. Flowers, Galt L. McClurg, Betty Miller, William Stepp and Charles Whitlock, Members of the […]

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