Category: Colorado Court Opinions

The People of the State of Colorado, Plaintiff-Appellant, v. Joseph Pena, Defendant-Appellee. No. 88CA1229Colorado Court of Appeals. Decided February 1, 1990. Rehearing Denied March 1, 1990. Certiorari Denied July 30, 1990 (90SC178). Appeal from the District Court of the City and County of Denver Honorable Larry J. Naves, Judge Page 1071 Norman S. Early, Jr., […]

Edith Woolsey, Plaintiff-Appellant, v. Holiday Health Clubs and Fitness Centers, Inc. Defendant-Appellee. No. 90CA1356Colorado Court of Appeals. Decided October 24, 1991. Page 1202 Appeal from the District Court of the City and County of Denver Honorable William G. Meyer, Judge. Epstein Lawrence, P.C., Scott W. Lawrence, for Plaintiff-Appellant. Page 1203 Hall Evans, Alan Epstein, for […]

(606 P.2d 840) The People of the State of Colorado v. Michael Thomas DelGuidice No. 28262Supreme Court of Colorado. Decided December 24, 1979. Rehearing denied March 10, 1980. Defendant was convicted of second-degree murder and appealed. Affirmed 1. WORDS AND PHRASES — Mens Rea Elements — “Knowingly” — “Recklessly” — Distinction. The distinction between the […]

(432 P.2d 1) The First National Bank of Englewood as Guardian of the Estate of Robert H. Kornock, a minor, and as Administrator of the Estate of Kenneth Kornock, Deceased v. The District Court in and for the County of Jefferson; Honorable Roscoe Pile, Judge; Denver Rio Grande Western Railroad, a Delaware corporation. No. 22814.Supreme […]

ESTATE OF W. Scott McINTYRE, by Victoria Ann McIntyre Baron as personal representative, and Victoria Ann McIntyre Baron, in her individual capacity, Plaintiffs-Appellants, v. LIONSRIDGE # 4 HOMEOWNER’S ASSOCIATION, n/k/a Aspen Grove Homeowner’s Association; Nancy M. Peterson; Hidden Valley Enterprises Ltd., a Bahamas corporation; Thomas J. Hughes; Diane L. Hughes; Robert Snowden Smith; Donald P. […]

Michael E. Daugherty, Plaintiff-Appellant, v. Allstate Insurance Company, Defendant-Appellee. No. 01CA0130Colorado Court of Appeals. March 28, 2002 City and County of Denver District Court No. 00CV5298; Honorable Gloria A. Rivera, Judge. JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS. Page 225 Thomas J. Tomazin, P.C., Thomas J. Tomazin, Englewood, Colorado, for […]

(562 P.2d 1121) The People of the State of Colorado in the Interest of L.L.R., II, Child, Upon the Petition of R.A.W., and Concerning L.L.R. No. 76-325Colorado Court of Appeals. Decided March 31, 1977. In paternity action, trial court ruled that respondent was the father of the child, and he appealed. Affirmed 1. PARENT AND […]

71 P.2d 802 PLUTE ET AL. v. SCHICK ET AL. No. 14,159.Supreme Court of Colorado. Decided September 13, 1937. Suit to set aside public trustee’s deed issued under foreclosure proceedings and to quiet title in plaintiffs. Judgment for defendants. Affirmed. On Application for Supersedeas. 1. MORTGAGES — Trust Deeds — Foreclosure Sale — Redemption by […]

Shantell MONTOYA, Plaintiff-Appellee, v. CITY OF WESTMINSTER DEPARTMENT OF PUBLIC WORKS, Defendant-Appellant. No. 07CA1061.Colorado Court of Appeals. March 6, 2008. Appeal from the District Court, Adams County, Thomas R. Ensor, J. Page 1198 The Frickey Law Firm, Howard Flicker, Linda S. Kreusel, Lakewood, Colorado, for Plaintiff-Appellee. Senter Goldfarb Rice, L.L.C., Eric M. Ziporin, Denver, Colorado, […]

(582 P.2d 1068) B.P.O.E. Lodge No. 804 v. State of Colorado, Department of Revenue No. 77-897Colorado Court of Appeals. Decided May 11, 1978. Rehearing denied June 8, 1978. Certiorari denied August 21, 1978. Trial court affirmed department of revenue determination that Elks lodge was required to collect sales tax on the amount paid for meals […]

In the Matter of the Estate of Lawrence Clinton Phipps, a/k/a Lawrence C. Phipps, Jr. Richmond Phipps, Petitioner-Appellant, v. Estate of Lawrence Clinton Phipps, a/k/a Lawrence C. Phipps, Jr., Respondent-Appellee, and Gerald H. Phipps and Lawrence C. Phipps, III, personal representatives, Petitioners-Appellants, v. Estate of Lawrence Clinton Phipps, a/k/a Lawrence C. Phipps, Jr., Respondent-Appellee. No. […]

In re the Marriage of Paul C. Robbins, Appellee, and Maria D. Robbins, and concerning Garfield County Child Support Enforcement Unit, Intervenor-Appellant. No. 99CA1236Colorado Court of Appeals. July 20, 2000 Appeal from the District Court of Garfield County. Honorable J. E. DeVilbiss, Judge. No. 97DR0115. JUDGMENT AFFIRMED. Page 626 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

IBC DENVER II, LLC, a Delaware limited liability company, Plaintiff-Appellant, v. CITY OF WHEAT RIDGE, a Colorado municipal corporation, and City Council of the City of Wheat Ridge, Defendants-Appellees. No. 06CA2534.Colorado Court of Appeals. April 3, 2008. Appeal from the District Court, Jefferson Page 715 County, Jack W. Berryhill, J. Page 716 Brownstein Hyatt Farber […]

Gary D. Price, Plaintiff-Appellant and Cross-Appellee, v. Boulder Valley School District R-2, and David Zeckser, Defendants-Appellees and Cross-Appellants. No. 86CA0718Colorado Court of Appeals. Decided May 25, 1989. Rehearing Denied 06/29/89 Certiorari Granted November 27, 1989 (89SC406). Appeal from the District Court of Boulder County Honorable Joseph J. Bellipanni, Judge Page 822 [EDITORS’ NOTE: THIS PAGE […]

(532 P.2d 965) Birdie Cobb Patterson a/k/a Sandra C. Patterson v. F. J. Serafini, individually and in his capacity as Public Trustee for the City and County of Denver, Key Realty Company, a Colorado corporation, Advance Mortgage Corporation, a Colorado corporation, and Russell D. Berget and Sharon K. Berget No. 26467Supreme Court of Colorado. Decided […]

(420 P.2d 228) Eleanor D. Powers v. Honorable Neil Horan, Judge of the District Court, City and County of Denver, State of Colorado. No. 22539Supreme Court of Colorado. Decided November 21, 1966. Original proceeding directing respondent to show cause why a summary judgment entered by him should not be set aside. Rule to show cause […]

Richard E. White and Atta D. White, d/b/a Palace Plaza Shopping Center, Plaintiffs-Appellants, v. Bryon Short, d/b/a R.C. Grand Prix, Defendant-Appellee. No. 89CA0729Colorado Court of Appeals. Decided June 14, 1990. Appeal from the District Court of El Paso County Honorable Steven T. Pelican, Judge Wittman McCord, Edward M. McCord, for Plaintiffs-Appellants. Gorsuch, Kirgis, Campbell, Walker […]

(282 P.2d 1094) MILES v. THE PEOPLE. No. 17,489.Supreme Court of Colorado. Decided January 10, 1955. Rehearing denied May 16, 1955. Plaintiff in error was convicted of the crime of aggravated robbery. On petition, a rule to show cause why certain exhibits, being carbon copies of alleged confessions signed by defendant should not be made […]

40 P.2d 972 COLORADO-NEW MEXICO WOOL MARKETING ASSOCIATION v. MANNING, SHERIFF. No. 13,338.Supreme Court of Colorado. Decided January 21, 1935. Action to recover possession of certain wool upon which levy under a writ of attachment had been made by sheriff. Judgment for defendant. Affirmed. 1. SALES — Wool. Wool growing or to be grown on […]

The People of the State of Colorado, Plaintiff-Appellee, v. Francisco Javier Preciado-Flores, Defendant-Appellant. No. 99CA2533.Colorado Court of Appeals. Division I. October 10, 2002. Certiorari Denied April 14, 2003. El Paso County District Court No. 99CR665; Honorable William L. Jones, Judge; Honorable Theresa M. Cisneros, Judge Page 156 JUDGMENT AND SENTENCE AFFIRMED Page 157 [EDITORS’ NOTE: […]

The People of the State of Colorado, Petitioner v. Richard Dee Fry, Respondent. No. 03SC98.Supreme Court of Colorado. June 28, 2004. Certiorari to the Colorado Court of Appeals, Court of Appeals Case No. 00CA1459. JUDGMENT AFFIRMED. No. 03SC98 People v. Fry: Confrontation Clause —Preliminary Hearing — Unavailable Witness In this case involving a defendant’s right […]

37 P.2d 1094 HENDRICKS, JUSTICE OF THE PEACE v. GATES ET AL. No. 13,626.Supreme Court of Colorado. Decided November 19, 1934. Action involving writ of certiorari. Writ issued. Reversed. On Application for Supersedeas. 1. CERTIORARI — Justice of the Peace. Application for a writ of certiorari to review the action of a justice of the […]

121 P.2d 663 COLORADO NATIONAL BANK OF DENVER v. SIMPSON. No. 14,770.Supreme Court of Colorado. Decided January 26, 1942. Action in assumpsit involving garnishment proceedings. Judgment for plaintiff. Affirmed. 1. ACTIONS — Torts — Contracts. A party may waive a right of action for tort, and pursue his remedy for the breach of an implied […]

The People of the State of Colorado, Plaintiff-Appellee, v. Charles Reed, Defendant-Appellant. No. 83CA0084Colorado Court of Appeals. Decided May 10, 1984. Rehearing Denied May 31, 1984. Certiorari Denied Reed December 10, 1984. Certiorari Denied People December 10, 1984. Appeal from the District Court of El Paso County Honorable David D. Parrish, Judge Duane Woodard, Attorney […]

(492 P.2d 63) Security Life and Accident Company v. Charles L. Temple, Manager of Revenue of the City and County of Denver; and The City and County of Denver, a Municipal Corporation No. 24896Supreme Court of Colorado. Decided January 3, 1972. Rehearing denied January 24, 1972. Action by insurance company seeking refund of sales and […]

James Michael Lister, Non Compos Mentis, Roy E. Lister, and Marilyn V. Lister, individually and as next friends and parents of James Michael Lister, Plaintiffs-Appellees, v. American United Life Insurance Company, Defendant-Appellant. No. 89CA1154Colorado Court of Appeals. Decided August 9, 1990. Appeal from the District Court of El Paso County Honorable William M. Calvert, Judge […]

(514 P.2d 633) Sidney Arthur Oakley v. Deanne Jeanice Oakley No. C-197Supreme Court of Colorado. Certiorari dismissed August 11, 1972. Defendant in divorce action alleged he had fraudulently obtained Mexican divorce from previous wife. Trial court found parties not legally married and dismissed action for lack of jurisdiction. Plaintiff appealed. On appeal, Court of Appeals […]

(352 P.2d 279) LELAND ROBERT THOMAS v. ELSIE B. THOMAS. No. 18,885.Supreme Court of Colorado. Decided May 16, 1960. Action for partition of real property. From a judgment awarding defendant the cost of improvements and repairs the plaintiff brings error. Reversed. 1. PARTITION — Joint Tenants — Improvements — Allowance — Measure. A co-tenant, improving […]

The People of the State of Colorado, Plaintiff-Appellee, v. Samuel Mack, Defendant-Appellant. No. 83SA267Supreme Court of Colorado. Decided June 4, 1984. Rehearing Denied June 25, 1984. Appeal from District Court, Pueblo County Honorable Phillip L. Cabibi, Judge Page 950 L. Duane Woodard, Attorney General, Charles B. Howe, Deputy Attorney General, Richard H. Forman, Solicitor General, […]

Raymond E. KEITH and Brenda Keith, Plaintiffs-Appellees, and Thomas K. Colbert and Virginia N. Colbert, Plaintiffs-Intervenors-Appellees, v. Stephen H. KINNEY, Defendant-Appellant. No. 04CA0923.Colorado Court of Appeals. December 1, 2005. Certiorari Denied June 26, 2006. Appeal from the District Court, Montezuma County, Sharon L. Hansen, J. Page 142 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

(368 P.2d 566) IRA J. SMITH v. PAUL W. NELSON, ET AL. No. 19,484.Supreme Court of Colorado. Decided February 5, 1962. Rehearing denied February 19, 1962. Action to enjoin violation of restrictive covenants in use of land. Judgment for plaintiffs. Affirmed. 1. COVENANTS — Restrictions — Words and Phrases — Lot — Plot. Where parties […]

Veta M. Hartman; Delaris Carpenter; Victor Pearn; and Mark Wolk, Plaintiffs-Appellees, v. Regents of the University of Colorado; Charles Middleton, as Dean of the College of Arts and Sciences; and Leon Travis, as Assistant to the Dean of the College of Arts and Sciences, Defendants-Appellants. No. 98CA1633Colorado Court of Appeals. July 6, 2000 Rehearing Denied […]

The Board of Education of School District No. 1 in the City and County of Denver; Thomas M. Mauro, Sharon R. Bailey, Lynn D. Coleman, Aaron M. Gray, J.P. Hemming, Carole R. McCotter, and Marcia M. Johnson, in their official capacities as members of the Board of Education; and Sharon Eastlund, Petitioners/Cross-Respondents, v. Cordia Booth, […]

(272 P.2d 648) MARTIN v. DISTRICT COURT OF PUEBLO COUNTY ET AL. No. 17,321.Supreme Court of Colorado. Decided February 1, 1954. An action in the nature of prohibition. A rule is to show cause was issued which, on hearing, was made absolute. 1. STATUTES — Construction. “It is a fundamental rule governing statutory construction that […]

(273 P.2d 635) PEOPLE EX REL. DUNBAR, ATTORNEY GENERAL ET AL. v. HOGAN ET AL. No. 17,247.Supreme Court of Colorado. Decided August 9, 1954. Rehearing denied August 30, 1954. A proceeding involving the assessment of an inheritance tax. A motion to dismiss a petition of the Attorney General alleging that an inheritance tax was due […]

Lisl AUMAN, Petitioner, v. The PEOPLE of the State of Colorado, Respondent. No. 02SC885.Supreme Court of Colorado. En Banc. March 28, 2005. Rehearing Denied April 18, 2005. Appeal from the District Court, City and County of Denver, J. Stephen Phillips and Nancy E. Rice, JJ. Page 648 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

118 P.2d 768 GARVIN v. GARVIN. No. 15,015.Supreme Court of Colorado. Decided October 20, 1941. A proceeding involving payment of alimony for support of the minor son of the litigating parties who formerly were husband and wife. The trial court relieved petitioner from making further payments and canceled delinquent payments due at the time of […]

The People of the State of Colorado, Plaintiff-Appellee, v. Baruch Joseph Bachofer, Defendant-Appellant. No. 02CA1381.Colorado Court of Appeals. December 31, 2003. Weld County District Court No. 01CR0481, Honorable Jonathan W. Hays, Judge. Defendant, Baruch Joseph Bachofer, appeals the trial court’s order denying his motion to suppress evidence obtained as the result of allegedly unlawful searches. […]

Jose L. Martinez v. Industrial Commission of the State of Colorado, Charles J. McGrath, Director of the Division of Labor, and GAF Corporation No. 80CA0868Colorado Court of Appeals. Decided March 26, 1981. Rehearing denied April 16, 1981. Certiorari denied August 4, 1981. Review of Order of the Industrial Commission of the State of Colorado Page […]

(271 P.2d 418) MacGREGOR v. THE PEOPLE FOR THE USE AND BENEFIT OF THE TOWN OF ESTES PARK. No. 17,246.Supreme Court of Colorado. Decided June 7, 1954. Rehearing denied June 28, 1954. Plaintiff in error was found guilty of violating a municipal ordinance prohibiting the allowing of the running at large of domestic animals and […]

North Washington Street Water and Sanitation District v. Jesse Emerson and Colorado Civil Rights Commission No. 79CA0314Colorado Court of Appeals. Decided December 4, 1980. Rehearing denied December 26, 1980. Certiorari denied April 20, 1981. Page 1153 Appeal from the District Court of Adams County, Honorable Abraham Bowling, Judge. Berger Rothstein, P.C., David Berger, Kent Denzel, […]

E-470 Public Highway Authority, Petitioner-appellee, v. Steven A. Revenig, Trustee, Successor Trustee to Stephen A. Hellerstein; and Howard L. Farkas, Respondents-Appellants. No. 03SA356.Supreme Court of Colorado. June 14, 2004. Transfer from the Colorado Court of Appeals, Court of Appeals Case No. 03CA0772, Adams County District Court, Case No. 96CV1409, Honorable C. Vincent Phelps, Judge. JUDGMENT […]

(556 P.2d 491) The People of the State of Colorado In the Interest of R.J.A., a Child, and concerning B.J. and R.D. No. 76-076Colorado Court of Appeals. Decided November 4, 1976. Trial court found that delinquent child had violated probation by being in possession of a concealed weapon and by violating curfew, and accordingly it […]

(318 P.2d 214) DALE KELLY v. J. B. NOVEY, ET AL. No. 18,366.Supreme Court of Colorado. Decided November 25, 1957. Election contest challenging validity of election for members of school board. Judgment for contestees. Affirmed. 1. ELECTIONS — Contest — Pleading. In an election contest the allegations of the contesting petition must show that the […]

The People of the State of Colorado, Plaintiff-Appellee, v. Eric Dwayne Jenkins, Defendant-Appellant. No. 82CA0678 No. 82CA0845Colorado Court of Appeals. Decided July 14, 1983. Rehearing Denied August 4, 1983. Certiorari Granted December 19, 1983. Appeal from the District Court of El Paso County, Honorable William E. Rhodes, Judge. Page 982 J. D. MacFarlane, Attorney General, […]

Edward F. Cop, Jr., Plaintiff-Appellee, v. Alan N. Charnes, Executive Director of the Department of Revenue, Motor Vehicle Division, State of Colorado, Defendant-Appellant. No. 86CA0303Colorado Court of Appeals. Decided May 14, 1987. Appeal from the District Court of Arapahoe County Honorable George B. Lee, Jr., Judge Marc P. Mishkin, for Plaintiff-Appellee. Duane Woodard, Attorney General, […]

The People of the State of Colorado, In the Interest of B.W., a Child, Upon the Petition of Jefferson County Department of Social Services, Petitioner, and R.W., Petitioner-Appellant, and Concerning M.R., Respondent-Appellee. No. 99CA1564Colorado Court of Appeals. October 12, 2000 Appeal from the District Court of Jefferson County, Honorable James D. Zimmerman, Judge, No. 98JV5. […]

D.A.S., Petitioner, v. The People of The State of Colorado, Respondent, In the Interest of O.J.S., A.S.S., and D.A.S., Jr., Children. No. 92SC646Supreme Court of Colorado. Decided November 15, 1993. Opinion and Dissent Modified, and as Modified, Rehearing Denied December 6, 1993. Certiorari to the Colorado Court of Appeals JUDGMENT AFFIRMED Page 292 Cynthia M. […]

In re the Marriage of Cynthia A. Gorman, Appellant and Cross-Appellee, and Edward W. Gorman, Appellee and Cross-Appellant. No. 00CA0998Colorado Court of Appeals. October 11, 2001 Larimer County District Court No. 98DR1284, Honorable William F. Dressel, Judge. JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS. Page 212 John E. Plock, Attorney […]

(565 P.2d 957) The People of the State of Colorado v. Ronald Dean Keelin No. 76-347Colorado Court of Appeals. Decided March 10, 1977. Rehearing denied April 7, 1977. Defendant appealed his conviction of theft, conspiracy to commit theft, criminal impersonation, and being an habitual criminal in connection with confidence game in which victim was persuaded […]

Frank Wilcox, Plaintiff-Appellant, v. Reconditioned Office Systems of Colorado, Inc., National Business Services Inc., L.J. Bodeewes, a/k/a Jack Bodeewes a/k/a Lambert J. Bodeewes, and Jeanett Bodeewes, Defendants-Appellees. No. 93CA0064Colorado Court of Appeals. Decided February 24, 1994. Rehearing Denied March 24, 1994. Petition for Writ of Certiorari DENIED October 17, 1994. Appeal from the District Court […]

181 P.2d 453 DeHAAS v. BENESCH. No. 15,531.Supreme Court of Colorado. Decided May 5, 1947. Rehearing denied June 2, 1947. A proceeding involving the right to the use of spring and seepage waters for irrigation purposes. Judgment for defendant. Reversed. 1. WATER RIGHTS — Tributaries to Streams — Burden of Proof. The natural presumption is, […]

The People of the State of Colorado, Complainant, v. John D. Musick, Jr., Attorney-Respondent. No. 97SA210Supreme Court of Colorado. May 26, 1998 Petition for Rehearing DENIED. EN BANC. June 22, 1998 Original Proceeding in Discipline ATTORNEY SUSPENDED Linda Donnelly, Disciplinary Counsel, James S. Sudler, Assistant Disciplinary Counsel Denver, Colorado, Attorneys for Complainant. Frascona, Joiner and […]

(593 P.2d 973) Van Cise, Phillips and Goldberg v. Michael J. Jelen, individually and Jelen and Son, Inc., a corporation No. 27961Supreme Court of Colorado. Decided April 30, 1979. Plaintiff law firm brought an action on a promissory note against defendants. Judgment for plaintiff and defendants appealed. Affirmed 1. BILLS AND NOTES — Suit — […]

Ann HEINICKE, Petitioner, v. INDUSTRIAL CLAIM APPEALS OFFICE of the State of Colorado, King Soopers Inc., and Sedgwick Claims Management Services, Respondents. No. 07CA1640.Colorado Court of Appeals. September 4, 2008. Page 221 William A. Alexander, Jr., P.C., William A. Alexander, Jr., Colorado Springs, Colorado, for Petitioner. John W. Suthers, Attorney General, Laurie Rottersman, Assistant Attorney […]

In re the Marriage of Mary McCarthy LeBlanc, Appellant and Cross-Appellee, and Richard John LeBlanc, Appellee and Cross-Appellant. No. 89CA1119Colorado Court of Appeals. Decided October 25, 1990. Rehearing Denied February 28, 1991. Certiorari Denied June 24, 1991 (91SC203). Appeal from the District Court of the City and County of Denver Honorable Richard T. Spriggs, Judge. […]

The People of The State of Colorado, Petitioner-Appellee, In the Interest of: A.M.D. and M.D., Children, And Concerning, D.D., Respondent-Appellant. No. 81SA145Supreme Court of Colorado. Decided July 19, 1982. Appeal from the District Court of Weld County Honorable John J. Althoff, Judge Page 626 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

(315 P.2d 201) COLORADO STATE BOARD OF EXAMINERS OF ARCHITECTS, ET AL. v. JAMES EARL REAGAN. No. 18,321.Supreme Court of Colorado. Decided September 9, 1957. Companion case to Board v. Marshall, 136 Colo. 200. On motion to dismiss write of error. Writ of Error Dismissed. Error to the District Court of the City and County […]

The People of the State of Colorado, Plaintiff-Appellant, v. Jerry Malczewski, Defendant-Appellee. No. 86SA285Supreme Court of Colorado. Decided October 5, 1987. Rehearing Denied November 2, 1987. Appeal from District Court, Clear Creek County Honorable William L. Jones, Judge Page 63 Kurt P. Schulke, District Attorney, Robert H. Wheeler, Chief Deputy District Attorney, for Plaintiff-Appellant. David […]

64 P.2d 1263 SIEBERS ET AL. v. LABOR FINANCE CORPORATION. No. 13,894.Supreme Court of Colorado. Decided February 1, 1937. Suit on promissory note. Judgment for plaintiff. Writ of Error Dismissed. 1. APPEAL AND ERROR — Demurrer — Final Judgment. If a defendant wishes to have reviewed the trial court’s ruling sustaining demurrers to certain of […]

In Re The Marriage of: Jimmie Dean Stroud and Joanne E. Stroud No. 79SC363Supreme Court of Colorado. Decided July 20, 1981. Certiorari to the Colorado Court of Appeals Page 169 Franklin Thomas Knowlton, for petitioner-appellant. Karowsky, Witwer Oldenburg, R. Sam Oldenburg, for respondent-appellee. En Banc. JUSTICE LOHR delivered the opinion of the Court. [1] In […]

(239 P.2d 989) WHITESIDE v. HARVEY. No. 16,661.Supreme Court of Colorado. Decided December 17, 1951. Rehearing denied January 28, 1952. An action for damages which resulted when an auto-truck owned by defendant was driven “across the street, over the curbing and sidewalk, and into the front end of a building owned by plaintiff.” Judgment for […]

(572 P.2d 811) Donald R. Evans v. District Court in and for the County of Arapahoe and State of Colorado, and the Honorable Richard D. Greene, a judge thereof No. 27634Supreme Court of Colorado. Decided November 29, 1977. Original proceeding by Superintendent of Colorado State Penitentiary for relief in the nature of prohibition, to restrain […]

(380 P.2d 228) EPHRAIM FREIGHTWAYS, INC., v. PUBLIC UTILITIES COMMISSION OF COLORADO, ET AL. No. 20,274.Supreme Court of Colorado. Decided March 25, 1963. Rehearing denied April 15, 1963. From a judgment affirming denial of a permit to operate as a common carrier, the applicant brings error. Affirmed. 1. CARRIERS — Competition — Regulated Monopoly — […]

(485 P.2d 930) Marie M. Raygor v. Keith D. Raygor No. 70-696Colorado Court of Appeals. Decided May 25, 1971. Divorce complaint alleging acts of mental cruelty committed in the State of Colorado did not allege statutory requirement as to one-year residency. Trial court dismissed complaint and plaintiff appealed. Reversed 1. DIVORCE — Complaint — No […]

The People of the State of Colorado, Petitioner, v. Joseph P. Medina, III, Respondent, Colorado Department of Institutions, Intervenor. No. 83SC7 No. 83SC12Supreme Court of Colorado. Decided September 9, 1985. Page 962 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 963 Certiorari […]

Spencer Investments, Inc., a Colorado corporation, Plaintiff-Appellant, v. Chuck Bohn, Receiver, and Union Colony Bank, a Colorado banking association, Defendants-Appellees. No. 94CA1220Colorado Court of Appeals. Decided September 28, 1995 Opinion Modified, and as Modified, Petition for Rehearing DENIED 11-9-95 Petition for Writ of Certiorari DENIED September 3, 1996 Appeal from the District Court of Larimer […]

(506 P.2d 743) The People of the State of Colorado v. Eddie R. Valencia No. 24987Supreme Court of Colorado. Decided February 26, 1973. Defendant was convicted of aggravated robbery and appealed. Affirmed 1. ROBBERY — Aggravated — Statements — Confession — Voluntary. In prosecution for aggravated robbery, record reflects sufficient evidence to support trial court’s […]

86 P.2d 970 INDUSTRIAL COMMISSION ET AL. v. INTERNATIONAL MUTUAL LIABILITY INSURANCE COMPANY ET AL. No. 14,404.Supreme Court of Colorado. Decided January 9, 1939. Rehearing denied January 30, 1939. A proceeding under the Workmen’s Compensation Act. The Industrial Commission awarded compensation to the dependents of deceased employee, ordering defendant in error insurance company to pay […]

Concerning the Application for Plan for Augmentation of the City and County of Denver, acting by and through its Board of Water Commissioners, The City of Thornton, Objector-Appellant v. The City and County of Denver, acting by and through its Board of Water Commissioners, Applicant-Appellee, and Centennial Water and Sanitation District, The City of Aurora, […]

(555 P.2d 179) Mr. Steak, Inc., a Colorado corporation v. Belleview Steak, Inc., a Colorado corporation, Edward H. Nielson and Lucy J. Nielson, individually, and Lensco, Inc., a Wisconsin corporation No. 75-789Colorado Court of Appeals. Decided September 30, 1976. Action by restaurant franchising corporation to obtain a permanent injunction against the sale of alcoholic beverages […]

George M. Polemi, Plaintiff-Appellant, v. L. G. Wells, d/b/a Wells Holding Company, Defendant-Appellee. No. 87CA0481Colorado Court of Appeals. Decided March 24, 1988. Rehearing Denied April 28, 1988. Certiorari Denied August 22, 1988 (88SC249). Appeal from the District Court of the City and County of Denver Honorable Raymond Dean Jones, Judge Page 797 Alan R. March, […]

Warren WOELLHAF, Petitioner, v. The PEOPLE of the State of Colorado, Respondent. No. 03SC664.Supreme Court of Colorado. En Banc. January 18, 2005. Appeal from the District Court, Arapahoe County, Kenneth K. Stuart and Timothy L. Fasing, JJ. Page 210 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

In re the Marriage of: Olle S. Forsberg, Petitioner, and The Estate of Mildred J. Forsberg, by and through Susan P. Jopp Dewey, Personal Representative, Respondent. No. 88SC55Supreme Court of Colorado. Decided November 27, 1989. Certiorari to the Colorado Court of Appeals James L. Gilbert Associates, P.C., James L. Gilbert, for Petitioner. Polidori, Rasmussen, Gerome […]

Gordon L. Johnson, d/b/a Gordon Johnson Construction; Transmountain Financial Corp., a Colorado corporation; A. W. Hulbert; Madeline Hulbert; Allen D. Gordon; Jennifer Gordon; Carl L. Felgenhauer; Tera Diane Felgenhauer; Claudia D. Kotecki; Charles L. Black; Arlene Black, Plaintiffs-Appellants, v. Peter C. Howells; Jeri C. Howells; Stephen A. Mosher; Tobias J. Burke; Willibald J. Mayer; Ingeborg […]

(566 P.2d 1082) Mustard’s Last Stand, Inc., a Colorado corporation; Terry Goodhart and Harvey Lindenberg v. Kyle L. Lorenzen No. 76-019Colorado Court of Appeals. Decided April 21, 1977. Rehearing denied May 19, 1977. Certiorari granted July 25, 1977. After landlord terminated lease option under terms allowing such termination if restaurant leased was to be “demolished,” […]

Tammy Ann Cobbin, a minor by her natural mother and best friend, Shirley Cobbin, Plaintiff-Appellant, v. The City and County of Denver, a municipal corporation, and its Department of Social Services, Defendants-Appellees, and The State of Colorado, and its Department of Social Services, Defendants. No. 85CA0433Colorado Court of Appeals. Decided February 19, 1987. Appeal from […]

(428 P.2d 89) Raymond Yeargain and Industrial Commission of Colorado v. State of Colorado and State Compensation Insurance Fund No. 22335.Supreme Court of Colorado. Decided May 1, 1967. From adverse judgment holding that certain provisions of Workmen’s Compensation Act are applicable to particular situation involving disability annuity, claimant brings error. Affirmed. 1. WORKMEN’S COMPENSATION — […]

The PEOPLE of the State of Colorado, Plaintiff-Appellant v. Anselmo BONILLA-BARRAZA, Defendant-Appellee. No. 09SA6.Supreme Court of Colorado. June 22, 2009. Appeal from the District Court, El Paso County, Case No. 08CR1694, Gregory R. Werner, J. Page 1091 Daniel H. May, District Attorney, 4th Judicial District, Laurel Huston, Deputy District Attorney, Laurel Cain, Deputy District Attorney, […]

(316 P.2d 884) GABRIEL RAY GALLEGOS v. PEOPLE OF THE STATE OF COLORADO. No. 17,901.Supreme Court of Colorado. Decided October 29, 1957. Defendant was convicted of murder in the first degree and brings error. Reversed. 1. CRIMINAL LAW — Instructions — Lesser Degree — Error. Refusal of the trial court to instruct the jury on […]

(273 P.2d 735) BARRY v. NEWTON ET AL. No. 17,140.Supreme Court of Colorado. Decided August 16, 1954. Rehearing denied September 7, 1954. A proceeding to procure a complete adjudication of the rights of plaintiffs and defendant in and to certain real property. The trial court entered a decree settling the rights of the parties. Affirmed. […]

84 P.2d 66 SPEARS’ FREE CLINIC AND HOSPITAL FOR POOR CHILDREN v. WILSON, MANAGER OF REVENUE, ETC. No. 14,329.Supreme Court of Colorado. Decided October 24, 1938. Suit in injunction to restrain officials from selling real property of plaintiff for taxes, which property, it is alleged, is exempt from taxation because used solely and exclusively for […]

The People of the State of Colorado, Plaintiff-Appellee, v. John W. Bossert, Defendant, and Concerning David Wildhalm and National American Insurance Company, Sureties-Appellants. No. 91CA2121Colorado Court of Appeals. Decided February 25, 1993. Appeal from the District Court of Larimer County Honorable Arnaud A. Newton, Judge Gale A. Norton, Attorney General, Raymond T. Slaughter, Chief Deputy […]

M. Gail Beals and Mildred M. Ramey v. Tri-B Associates, a Partnership; Robert L. Lunnon, Donald E. Lunnon, Thomas E. Lunnon and Kipling Waters, a Limited Partnership No. 80CA0713Colorado Court of Appeals. Decided January 7, 1981. Rehearing denied February 4, 1982. Appeal from the District Court of Jefferson County, Honorable Anthony F. Vollack, Judge. Albert […]

152 P.2d 681 MOFFAT COAL COMPANY ET AL. v. GIANKOS ET AL. No. 15,529.Supreme Court of Colorado. Decided October 16, 1944. A proceeding under the Workmen’s Compensation Act. Judgment for claimant. Affirmed. 1. WORKMEN’S COMPENSATION — Final and Supplemental Awards — Money Paid. This case ruled by the opinion in Russell Coal Co. v. Zinge, […]

201 P.2d 378 CHASSE v. THE PEOPLE. No. 16,017.Supreme Court of Colorado. Decided December 20, 1948. Rehearing denied January 3, 1949. Plaintiff in error was convicted of obtaining money by a confidence game. Affirmed. 1. CRIMINAL LAW — Confidence Game — Statutes. The statute concerning obtaining money by a confidence game may be violated by […]

(607 P.2d 1296) Jack D. Frazier, v. Kysor Industrial Corp., a Delaware corporation, and Duboc-Lane Monckton, Inc., a Colorado corporation No. 78-082Colorado Court of Appeals. Decided October 25, 1979. Rehearing denied November 29, 1979. Certiorari granted March 10, 1980. In strict liability action against manufacturer and distributor of heavy industrial saw, the manufacturer appealed jury […]

157 P.2d 139 BILLS ET AL. v. THE PEOPLE. No. 15,467.Supreme Court of Colorado. Decided February 26, 1945. Plaintiffs in error were convicted of engaging in a lottery, promoting a gift enterprise, advertising a lottery, advertising a gift enterprise, conspiracy to promote a lottery, conspiracy to promote a gift enterprise, conspiracy to advertise a lottery, […]

Charles L. Smith, Jr., v. Safeway Stores, Incorporated, a Maryland corporation No. 80CA0180Colorado Court of Appeals. Decided July 30, 1981. Rehearing denied August 20, 1981. Certiorari granted November 30, 1981. Appeal from the District Court of the City and County of Denver, Honorable Raymond D. Jones, Judge. Page 1311 Norton Frickey Associates, Dan N. Hover, […]

(533 P.2d 926) The People of the State of Colorado v. Raul Stephen Martinez No. 26173Supreme Court of Colorado. Decided March 31, 1975 Defendant appeals from denial of his motion to withdraw his plea of guilty of possession of heroin, a narcotic drug. Affirmed 1. CRIMINAL PROCEDURE — Plea of Guilty — Heroin — Possession […]

Donald L. Kriz, Plaintiff-Appellant, v. The Colorado Department of Revenue, Motor Vehicle Division, and Renny Fagan, in his capacity as Executive Director, Defendant-Appellee. No. 95CA0879Colorado Court of Appeals. Decided March 21, 1996 Appeal from the District Court of Garfield County, Honorable Thomas W. Ossola, Judge, No. 94CV163. Page 660 JUDGMENT VACATED AND CAUSE REMANDED WITH […]

Bebo Construction Company, a Colorado corporation, Petitioner, v. Mattox O’Brien, P.C., a Colorado corporation; Judith Ward Mattox; Chris M. Darby; and Excell Development Construction, Inc., a Delaware corporation, Respondents. No. 98SC608.Supreme Court of Colorado. December 6, 1999. Certiorari to the Colorado Court of Appeals. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS. Page 79 [EDITORS’ NOTE: […]

In re the Marriage of Sharon D. Murray a/k/a Sharon D. Smith, Appellee, and Russel Murray III, Appellant. No. 88CA1397Colorado Court of Appeals. Decided October 26, 1989. Rehearing Denied November 30, 1989. Certiorari Denied April 16, 1990 (90SC1). Appeal from the District Court of the City and County of Denver Honorable H. Jeffrey Bayless, Judge […]