Category: Colorado Court Opinions

The People of the State of Colorado, Plaintiff-Appellant, v. Francis Barry Connelly, Defendant-Appellee. No. 84SA270Supreme Court of Colorado. Decided July 8, 1985. Interlocutory Appeal, District Court City and County of Denver Honorable Paul A. Markson, Jr., Judge Page 723 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

(346 P.2d 1018) GEORGE E. DAVIS v. JOHN KLAES, ET AL. No. 18,950.Supreme Court of Colorado. Decided November 16, 1959. Rehearing denied December 14, 1959. From denial of a motion to vacate a judgment entered in the absence of the defendant, the defendant brings error. Affirmed. 1. JUDGMENT — Parties — Failure to Appear — […]

(317 P.2d 894) IRVING ZELINGER v. GEORGE S. CONLEY. No. 18,072.Supreme Court of Colorado. Decided November 12, 1957. Action for general and exemplary damages for conversion of personal property, brought by mortgagee against defendant claiming under landlord’s lien for nonpayment of rent. Judgment for plaintiff. Affirmed by Operation of Law. Error to the District Court […]

John S. Palmer, Petitioner-Appellee, and Board of Assessment Appeals of the State of Colorado, Appellee, v. Board of Equalization, Eagle County, Respondent-Appellant, and Mary E. Huddleston, Property Tax Administrator, Intervenor-Appellant. No. 97CA0403Colorado Court of Appeals. April 16, 1998 OPINION PREVIOUSLY ANNOUNCED AS NON-PUBLISHED MARCH 5, 1998 IS NOW SELECTED FOR PUBLICATION. Appeal from the Colorado […]

(585 P.2d 299) J. E. Martin, Inc. v. Interstate 8th Street, a partnership, and R. D. Von Engeln, a general partner No. 77-503Colorado Court of Appeals. Decided July 6, 1978. Rehearing denied August 3, 1978. Certiorari denied October 10, 1978. Trial court dismissed breach of lease action, and plaintiff appealed. Affirmed 1. LANDLORD AND TENANT […]

(307 P.2d 191) PEOPLE OF THE STATE OF COLORADO, EX REL. RUBY DUNCAN, ET AL. v. HELEN M. SCOTT. No. 17,991.Supreme Court of Colorado. Decided February 11, 1957. Action in nature of quo warranto challenging validity of appointment of respondent to State Board of Cosmetology. Judgment of dismissal and relators bring error. Affirmed. 1. QUO […]

John Lane, Plaintiff-Appellant, v. Arkansas Valley Publishing Company, a Colorado corporation, Merle Baranczyk and Ed Quillen, Defendants-Appellees. No. 81CA1090Colorado Court of Appeals. Decided May 5, 1983. Rehearing Denied June 2, 1983. Certiorari Denied December 19, 1983. Page 748 Appeal from the District Court of Fremont County Honorable Paul J. Keohane, Judge Spurgeon, Haney Howbert, P.C. […]

The People of the State of Colorado, Plaintiff-Appellee, v. William Hunter, Defendant-Appellant. No. 85CA0711Colorado Court of Appeals. Decided December 11, 1986. Rehearing Denied January 15, 1987. Certiorari Granted Hunter June 8, 1987 (87SC61). Appeal from the District Court of El Paso County Honorable Bernard R. Baker, Judge Page 21 Duane Woodard, Attorney General, Charles B. […]

Scott Wetzel Services, Inc., Petitioner, v. James H. Johnson and Leuvenia F. Swindall-Johnson, Respondents. (90SC335) and Scott Wetzel Services, Inc., Petitioner, v. Edward Tozer and Georgia Tozer, Respondents. (90SC336) No. 90SC335 No. 90SC336Supreme Court of Colorado. Decided December 9, 1991. Page 805 Certiorari to the Colorado Court of Appeals. Hall Evans, C. Willing Browne, Malcolm […]

La Junta State Bank, Petitioner, v. Robert M. Travis, and Patricia Haberman, as Co-Personal Representatives of the Estate of Katherine A. Warnock, Deceased, Respondents. No. 84SC301Supreme Court of Colorado. Decided October 20, 1986. Rehearing Denied November 10, 1986. Certiorari to the Colorado Court of Appeals Page 49 Mitchell Mitchell, P.C., Michael T. Mitchell, for Petitioner. […]

31 P.2d 319 HENRY v. ETHEL RUTH STROBEL. HENRY v. ROSE J. STROBEL. No. 12,900. No. 12,901.Supreme Court of Colorado. Decided March 19, 1934. Actions for damages growing out of an automobile accident. Judgments for plaintiffs. Affirmed. 1. APPEAL AND ERROR — Sufficiency of Evidence. In an action for damages growing out of an automobile […]

181 P.2d 439 PERRY v. THE PEOPLE No. 15,870.Supreme Court of Colorado. Decided May 19, 1947. Plaintiff in error was convicted of burglary with force, and grand larceny. Affirmed. 1. PRACTICE AND PROCEDURE — New Trial. The purpose of a motion for new trial is to accord the trial judge an opportunity to consider, and […]

(403 P.2d 442) CHARLES D. OLMSTEAD, EXECUTOR OF THE ESTATE OF MARGUERITE M. FERGUSON, DECEASED v. THE DISTRICT AND THE HON. MERLE R. KNOUS, JUDGE. No. 21704.Supreme Court of Colorado. Decided June 1, 1965. Rehearing denied June 21, 1965. Original proceeding to vacate an order and to enjoin district court from taking further action pertaining […]

(235 P.2d 798) MOORE v. THE PEOPLE. No. 16,633.Supreme Court of Colorado. Decided August 27, 1951. Rehearing denied September 17, 1951. Plaintiff in error was found guilty of unlawfully making and delivering a certain bank check with intent to defraud. Reversed. 1. FRAUD AND DECEI — Bank Checks. “The giving of a check in settlement […]

In the Matter of the TITLE, BALLOT TITLE and SUBMISSION CLAUSE, and SUMMARY FOR 2005-2006 #75, Petitioners: Bennett S. Aisenberg and Federico C. Alvarez, v. Respondents: John K. Andrews, Jr. and Kathleen A. LeCrone, and Title Board: William A. Hobbs, Jason Dunn, and Dan Cartin. No. 06SA63.Supreme Court of Colorado. May 22, 2006. Isaacson Rosenbaum […]

104 P.2d 607 PEOPLE EX REL. GROMMON v. HEDGCOCK, BUILDING INSPECTOR. No. 14,561.Supreme Court of Colorado. Decided June 24, 1940. Rehearing denied July 24, 1940. A suit in mandamus to compel the issuance of a building permit by a municipal building inspector. Judgment of dismissal. Reversed. 1. MUNICIPAL CORPORATIONS — Zoning Ordinances — Building Permits. […]

The People of the State of Colorado, Plaintiff-Appellant, v. Boyd Vestle Hamilton, Defendant-Appellee. No. 83SA120Supreme Court of Colorado. Decided July 18, 1983. Interlocutory Appeal from the District Court of Jefferson County, Honorable Gaspar F. Perricone, Judge. Page 153 Nolan L. Brown, District Attorney, John E. Byron, Senior Deputy District Attorney, Alan C. Shafner, Deputy District […]

(402 P.2d 606) COLORADO STATE BOARD OF MEDICAL EXAMINERS, ETC. v. REGINALD B. WEILER. No. 20538.Supreme Court of Colorado. Decided May 17, 1965. Rehearing denied June 21, 1965. From a judgment ordering the restoration of plaintiff’s medical license, the Board brings error. Affirmed. 1. PHYSICIANS AND SURGEONS — Determination of Board — Incurable Disease — […]

Ronald L. Von Hagen and Theresa V.H. Bucher, Petitioners-Appellees, and Board of Assessment Appeals of the State of Colorado, Appellee, v. Board of Equalization of San Miguel County, Respondent-Appellant. No. 96CA0270Colorado Court of Appeals. May 29, 1997. Petition for Rehearing DENIED July 31, 1997. Certiorari Denied December 22, 1997. Appeal from the Colorado State Board […]

(283 P.2d 640) PHILIP NIERNBERG v. NATHAN B. FELD AND ESTHER FELD. No. 17,528.Supreme Court of Colorado. Decided May 9, 1955. Rehearing denied May 31, 1955. Suit to recover deposit paid on contract to purchase real estate. Judgment for plaintiffs. Affirmed. 1. VENDOR AND PURCHASER — Executory Contract — Rescission. An executory contract involving the […]

The People of the State of Colorado, Plaintiff-Appellee, v. Kevin A. Stark, Defendant-Appellant. No. 94CA1082Colorado Court of Appeals. Decided April 20, 1995 Petition for Rehearing DENIED June 8, 1995 Petition for Writ of Certiorari DENIED September 25, 1995. Appeal from the District Court of Arapahoe County Honorable Thomas C. Levi, Judge No. 91CR1306. ORDER REVERSED […]

Mallon Oil Company, Petitioner, v. Bowen/Edwards Associates, Inc., a dissolved Colorado corporation; J. Keith Edwards; Michael J. Bowen; Bradford C. Boyce; Bowen Gas Corporation, a Colorado corporation; and Edwards Energy Corporation, a Colorado corporation, Respondents. No. 97SC150Supreme Court of Colorado. September 14, 1998 Appeal from the District Court, City and County of Denver, Honorable Robert […]

(282 P.2d 1100) EMMA BRADSHAW, ETC. v. ROBERT B. HURST AND ROBERT F. GEORGE. No. 17,540.Supreme Court of Colorado. Decided April 25, 1955. Action for specific performance of contract for sale of real property. Decree for plaintiffs. Affirmed. Error to the District Court of Pitkin County, Hon. Clifford H. Darrow, Judge. Messrs. PARKISON PARKISON, for […]

(254 P.2d 1018) REED AUTO SALES v. EMPIRE DELIVERY SERVICE ET AL. No. 16,889.Supreme Court of Colorado. Decided March 16, 1953. An action on an insurance policy insuring a “truck against loss by collision or upset for its cash value.” Judgment for defendants. Reversed. 1. INSURANCE — Mortgages. The holder of a chattel mortgage containing […]

Public Service Company of Colorado, a Colorado corporation, Plaintiff-Appellant and Cross-Appellee, v. United Cable Television of Jeffco, Inc., a Colorado corporation, Defendant-Appellee and Cross-Appellant. No. 89CA1254Colorado Court of Appeals. Decided February 14, 1991. Opinion Modified, and as Modified Rehearing Denied March 28, 1991. Cross Petition for Certiorari Granted September 3, 1991 (91SC245). Petition for Writ […]

The PEOPLE of the State of Colorado, Plaintiff-Appellant v. Devin Wallace SCHUTTER, Defendant-Appellee. No. 10SA304.Supreme Court of Colorado. March 28, 2011. Appeal from the District Court, Pitkin County, James Berkley Boyd, J. Page 1124 Martin C. Beeson, District Attorney, Arnold P. Mordkin, Chief Deputy District Attorney, Aspen, Colorado, Attorneys for Petitioner. Ridley, McGreevy, Winocur Weisz, […]

Richland Development Company, L.L.C., a Colorado limited liability corporation, as successor in interest to Spring Creek Meadows Development Company, Inc., a Colorado corporation, Plaintiff-Appellee, v. East Cherry Creek Valley Water and Sanitation District, a quasi-municipal corporation of the State of Colorado, Defendant-Appellant. No. 95CA0525Colorado Court of Appeals. June 15, 1995 Appeal from the District Court […]

LUCHT’S CONCRETE PUMPING, INC., a Colorado corporation, Plaintiff-Appellant, v. Tracy HORNER and Everist Materials, LLC, d/b/a Peak Concrete Pumping, an Iowa limited liability company, Defendants-Appellees. No. 08CA0936.Colorado Court of Appeals. June 11, 2009. Appeal from the District Court, Summit County, David R. Lass, J. Page 356 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]

(325 P.2d 932) In re Bar Association. IN THE MATTER OF THE PETITION OF THE COLORADO BAR ASSOCIATION. No. 18,647.Supreme Court of Colorado. Decided May 13, 1958. Petition by Colorado Bar Association for vacation of order of the Supreme Court relating to canons of ethics. Petition Dismissed. 1. ATTORNEYS AT LAW — Disciplinary Action — […]

The People of the State of Colorado, Petitioner-Appellee, In the Interest of D. M. W. a/k/a D. M. J., a Child, And Concerning D. L. W. a/k/a D. J., Respondent-Appellant. No. 87CA0190Colorado Court of Appeals. Decided October 15, 1987. Rehearing Denied November 25, 1987. Appeal from the Juvenile Court of the City and County of […]

(291 P.2d 391) CARLETON BRENT, ET AL. v. BANK OF AURORA. No. 17,720.Supreme Court of Colorado. Decided December 5, 1955. Action for damages for personal injuries resulting from fall on ice in bank’s parking lot. From a directed verdict and judgment for defendant the plaintiffs bring error. Affirmed. 1. TRIAL — Directed Verdict — Evidence. […]

Alfred Wayne Bath, Plaintiff-Appellee, v. Department of Revenue of the State of Colorado, Motor Vehicle Division, Defendant-Appellant. No. 86CA1670Colorado Court of Appeals. Decided September 8, 1988. Appeal from the District Court of Larimer County Honorable Arnaud Newton, Judge Hammond, Clark White, Gregory A. White, Jennifer J. Stocker, for Plaintiff-Appellee. Duane Woodard, Attorney General, Charles B. […]

Sheila Johnson, Plaintiff-Appellant, v. Regional Transportation District, Defendant-Appellee. No. 94CA0795Colorado Court of Appeals. Decided October 26, 1995 Petition for Writ of Certiorari DENIED May 20, 1996 Appeal from the District Court of the City and County of Denver Honorable Federico C. Alvarez, Judge No. 92CV7564 JUDGMENT REVERSED AND CAUSE REMANDED WITH DIRECTIONS Page 620 Sawaya […]

(534 P.2d 1204) Kenneth Kuypers v. The District Court for the Fourth Judicial District, State of Colorado, the Honorable William E. Rhodes, as one of the Judges of the District Court No. 26714Supreme Court of Colorado. Decided May 5, 1975 Original proceeding brought pursuant to C.A.R. 21 to prohibit respondent district court from proceeding with […]

(357 P.2d 70) ALBERT JOSEPH KOSTAL AND ARTHUR JEROME WATSON v. PEOPLE OF THE STATE OF COLORADO. No. 19,053.Supreme Court of Colorado. Decided November 28, 1960. Defendants were convicted of murder in the first degree and bring error. Reversed. 1. CRIMINAL LAW — Speedy Trial — Escape — Delay. Where defendants escaped from jail shortly […]

Laura PARRY, Plaintiff-Appellant, v. Darwin KUHLMANN, M.D.; John W. Grudis, M.D.; Colorado Permanente Medical Group, P.C.; and Kaiser Foundation Health Plan of Colorado, Defendants-Appellees. No. 05CA1188.Colorado Court of Appeals. February 8, 2007. Rehearing Denied April 5, 2007. Certiorari Denied October 1, 2007. Appeal from the Court of Appeals affirmed. The District Court, Martin F. Egelhoff, […]

Town of Lyons, a municipal corporation, Plaintiff-Appellant, v. Judy Bashor, f/k/a Judy McClellan, James B. McClellan, Paul J. Siddall and Patricia P. Siddall, Defendants-Appellees. No. 92CA1855Colorado Court of Appeals. Decided November 4, 1993 Appeal from the District Court of Boulder County Honorable Roxanne Bailin, Judge No. 92CV143 JUDGMENT AFFIRMED Richard E. Samson, P.C., Richard E. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Jhil R. Marquantte, Defendant-Appellant. No. 93CA0935Colorado Court of Appeals. Decided November 24, 1995 Opinion Modified, and as Modified, Petition for Rehearing DENIED February 22, 1996 Petition for Writ of Certiorari DENIED September 3, 1996 Appeal from the District Court of the City and County of Denver […]

(508 P.2d 1273) The People of the State of Colorado v. Angelo D. Canino No. 25221Supreme Court of Colorado. Decided April 9, 1973. Rehearing denied April 30, 1973. Defendant entered pleas of nolo contendere to two counts of theft, but upon learning that probation department recommended confinement, defense counsel sought leave to withdraw plea and […]

(393 P.2d 565) WILLIAM D. MILLER v. PAUL RUSH. No. 20437.Supreme Court of Colorado. Decided June 22, 1964. Rehearing denied July 13, 1964. From denial of motion for new trial or rehearing, and order adjudging that collection of judgment is barred by discharge in bankruptcy, judgment creditor brings error. Affirmed. 1. COURTS — Judgment — […]

(261 P.2d 719) PEOPLE EX REL. BAR ASSOCIATION v. MARSHALL. No. 16,891.Supreme Court of Colorado. Decided September 21, 1953. A Proceeding in disbarment of an attorney at law. Respondent disbarred. 1. ATTORNEYS AT LAW — Disbarment. In a disbarment proceeding, the evidence disclosing, inter alia, that respondent received and retained money for services which he […]

The People of the State of Colorado, Plaintiff-Appellee, v. Eric Laurson, Defendant-Appellant. No. 99CA0051Colorado Court of Appeals. June 8, 2000 Appeal from the District Court of Jefferson County, Honorable Christopher J. Munch, Judge, No. 98CR1675. Division V Judgement and sentences affirmed. Ken Salazar, Attorney General, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee C. Keith Pope, […]

(450 P.2d 1010) Lucky Tiger Manufacturing Company, a corporation v. Harold M. Rahn No. 22283.Supreme Court of Colorado. Decided February 24, 1969. Rehearing denied March 17, 1969. Action by seller against buyer for breach of contract in the sale of a business and buyer counterclaimed for damages. Judgment for seller on his claim and for […]

Willard A. Thompson, Plaintiff-Appellant, v. Public Service Company of Colorado, a corporation; and R.M. Richards, a/k/a Mark Richards, Defendants-Appellees. No. 87CA0777Colorado Court of Appeals. Decided December 15, 1988. Rehearing Denied February 2, 1989. Certiorari Granted 05/30/89 (89SC107). Appeal from the District Court of the City and County of Denver Honorable Daniel B. Sparr, Judge. Page […]

(489 P.2d 196) Lawrence A. Baker v. The People of the State of Colorado. No. 24471Supreme Court of Colorado. Decided October 4, 1971. Defendant was convicted of assault with a deadly weapon and brought error. Affirmed. 1. ASSAULT AND BATTERY — Assault With Deadly Weapon — Specific Intent — Bodily Injury — Necessary Element — […]

SAFECO INSURANCE COMPANY, Plaintiff-Appellant, v. WESTPORT INSURANCE CORP. and Horace Mann Insurance Company, Defendants-Appellees. No. 05CA2389.Colorado Court of Appeals. May 31, 2007. Appeal from the District Court, Garfield County, T. Peter Craven, J. Page 252 Anstine, Hill, Richards Simpson, Jeffrey J. Richards, Denver, Colorado, for Plaintiff-Appellant. James R. Alvillar and Associates, James R. Alvillar, Leila […]

(508 P.2d 798) Jesse M. Gallegos and Margaret Gallegos v. Carl Graff and Frieda Graff No. 72-329Colorado Court of Appeals. Decided April 10, 1973. Purchasers of house brought action against its former owners to recover damages for alleged defects in the house. From judgment in favor of plaintiffs, defendants appealed. Reversed 1. VENDOR AND PURCHASER […]

In the Matter of the Estate of Lois Maude Loflin, Deceased. Margaret Vandever, Mary Brammer, and Calvin F. Lorentz, Petitioners-Appellants, v. Geneva Smith Emery, Noel Adam, Raymond Adam, Gregory Emery, Jan Bartlett Emery, Gail Emery, Leland Smith, Stephen Ray Smith, and Robert Wayne Cox, Respondents-Appellees. No. 02CA1475.Colorado Court of Appeals. August 14, 2003. Arapahoe County […]

Helen ANDREWS, Plaintiff-Appellant, v. Davide PICARD, Constructive Alternatives, Inc., and Laurie Skrederstu, Defendants-Appellees. No. 05CA2566.Colorado Court of Appeals. June 28, 2007. Rehearing Denied August 2, 2007. Certiorari Denied November 19, 2007. Appeal from the District Court, Boulder County, Roxanne Bailin, J. Page 7 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

(447 P.2d 700) Robert L Hipps d/b/a Bob Hipps Co. v. Jack L. Hennig and Helen E. Hennig d/b/a Mountain States Bonded Warehouse. No. 22114.Supreme Court of Colorado. Decided December 9, 1968. Action by tenant against warehousemen for damages resulting from loss of tenant’s merchandise in warehouse fire. Judgment for defendants. Affirmed. 1. WAREHOUSEMEN — […]

Randle Gillan Shumate, Plaintiff-Appellee, v. Department of Revenue of the State of Colorado, Motor Vehicle Division, and Alan Charnes, as Executive Director of the Department of Revenue of the State of Colorado, Defendants-Appellants. No. 88CA0962Colorado Court of Appeals. Decided September 14, 1989. Appeal from the District Court of Weld County Honorable Robert A. Behrman, Judge […]

The People of the State of Colorado, Plaintiff-Appellant, v. Eric Dewayne White, Defendant-Appellee. No. 83SA333Supreme Court of Colorado. Decided April 2, 1984. Appeal, District Court, City and County of Denver Honorable Sandra I. Rothenberg, Judge. Norman S. Early, Jr., District Attorney, O. Otto Moore, Assistant District Attorney, for plaintiff-appellant. Page 603 David F. Vela, Colorado […]

(498 P.2d 967) Mountain Credit, a Partnership v. Michiana Lumber Supply, Inc., a Michigan corporation and Colorado Lumber Products, Division of Michiana Lumber Supply, Inc. No. 71-415Colorado Court of Appeals. Decided June 20, 1972. Replevin action. Plaintiff lienholder who filed later than defendant lienholder, but who filed with secretary of state rather than with county […]

William C. Iverson and Geraldine M. Iverson v. Nita M. Solsbery No. 81CA0020Colorado Court of Appeals. Decided February 11, 1982. Appeal from the District Court of El Paso County, Honorable Robert W. Johnson, Judge. Page 315 Nuss Braden, P.C., Ralph A. Braden, Jr., for plaintiffs-appellants. Mason Davis, Robert J. Mason, for defendant-appellee. Division III. Opinion […]

The People of the State of Colorado v. David George Mason No. 81SA171Supreme Court of Colorado. Decided March 8, 1982. Rehearing denied March 29, 1982. Appeal from the District Court of the County of Arapahoe, Honorable Don Carpenter, Judge. Page 9 J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy, Mary J. Mullarkey, Solicitor General, […]

(609 P.2d 1118) William H. Albaitis v. Industrial Commission of the State of Colorado (Ex Officio Unemployment Compensation Commission of Colorado), Colorado Division of Employment No. 79CA0557Colorado Court of Appeals. Decided February 7, 1980. Rehearing denied February 28, 1980. Certiorari granted April 21, 1980. Petitioner sought review of an order of the Industrial Commission reducing […]

(608 P.2d 835) The People of the State of Colorado v. Flozell Jefferson Beasley No. 77-877Colorado Court of Appeals. Decided December 28, 1979. Rehearing denied January 31, 1980. Certiorari denied March 31, 1980. Defendant appealed his conviction by a jury of attempted first degree murder, second degree kidnapping, and first degree assault. Reversed 1. CRIMINAL […]

(489 P.2d 591) The People of the State of Colorado v. Marvin R. Vaughns No. 25164Supreme Court of Colorado. Decided August 9, 1971 Interlocutory appeal from denial of motion to suppress physical evidence seized pursuant to search warrant at designated address and statements which were made by defendant to various members of police department following […]

Doyle D. Upson, Plaintiff-Appellant, v. Goodland State Bank Trust Company and Land Title Guarantee Company, Defendants-Appellees. No. 89CA0988Colorado Court of Appeals. Decided August 16, 1990. Rehearing Denied December 13, 1990. Certiorari Granted March 25, 1991 (91SC24). Certiorari Granted on the following issues: Whether a forged request for a release of a deed of trust can […]

(355 P.2d 1095) WESTMINSTER CORPORATION v. NEPTUNE URANIUM CORPORATION. No. 19,073.Supreme Court of Colorado. Decided October 17, 1960. Action to recover payments to be made under contract for sale of mineral land. Judgment for plaintiff. Judgment Ordered Modified And as Modified Affirmed. 1. VENDOR AND PURCHASER — Contract — Termination Clause — Payments Made — […]

The People of the State of Colorado, Plaintiff-Appellee, v. Gregory B. McCoy, Defendant-Appellant. No. 95CA0347Colorado Court of Appeals. December 27, 1996 Rehearing Denied February 27, 1997 Certiorari Denied October 20, 1997 Appeal from the District Court of Arapahoe County, Honorable Michael L. Bieda, Judge, Honorable Deanna E. Hickman, Judge Honorable Claude W. Appel, Judge, Honorable […]

154 P.2d 615 SMITH v. MADDOX, ALSO KNOWN AS MADDOX DOING BUSINESS AS MADDOX ICE COMPANY. No. 15,194.Supreme Court of Colorado. Decided December 18, 1944. Judgment affirmed en banc on application for supersedeas without written opinion, Mr. Justice Knous not participating. Error to the District Court of the City and County of Denver, Hon. Floyd […]

Dewayne C. Kirk, Plaintiff-Appellant, v. The Denver Publishing Company, a Colorado corporation, Defendant-Appellee. No. 88SA405Supreme Court of Colorado. Decided September 23, 1991. Page 263 Appeal from District Court, City and County of Denver Honorable John W. Coughlin. Pryor, Carney and Johnson, P.C., W. Randolph Barnhart, Arlene V. Dykstra, Thomas L. Roberts, Richard V. Hess, for […]

(400 P.2d 675) CHARLES WELBY SCHRADER v. ELAINE M. SCHRADER. No. 20477.Supreme Court of Colorado. Decided March 29, 1965. Rehearing denied April 19, 1965. From decree and orders pertaining to alimony, division of property, reimbursement and child custody, ex-husband brings error. Affirmed. 1. HUSBAND AND WIFE — Separate Maintenance — Grounds — Statute. Under C.R.S. […]

(426 P.2d 189) A. L. Capps v. The People of the State of Colorado No. 21904.Supreme Court of Colorado. Decided April 10, 1967. Rehearing denied May 1, 1967. Defendant was convicted of aggravated robbery and brings error. Affirmed. 1. SEARCHES AND SEIZURES — Consent — Waiver — Fourth Amendment. When an accused consents to a […]

SRJ I Venture, Plaintiff, and The Travelers Insurance Company, and Rodney J. Preisser, Plaintiffs-Intervenors-Appellees, and The State Engineer, Jeris Danielson, and The Division Engineer for Water Division No. 2, Steve White, Defendants-Appellees, v. Smith Cattle, Inc., a Kansas corporation, and Reid Cattle Co., a Colorado corporation, Defendants-Appellants. No. 90SA333Supreme Court of Colorado. Decided November 12, […]

(585 P.2d 589) Bernard Von Ehrenkrook and Bernice Von Ehrenkrook v. Midland Federal Savings and Loan Association and Jo L. Fleming as the Public Trustee of the County of Arapahoe, State of Colorado No. 27928Supreme Court of Colorado. Decided August 21, 1978. Plaintiffs-appellants, assumers of deed of trust, commenced an action against lender, savings and […]

Ronald Vigil, Petitioner-Appellant, v. Harold Martinez, Huerfano County Sheriff, and the Huerfano County Sheriff’s Department, Respondents-Appellees. No. 82SA415Supreme Court of Colorado. Decided April 18, 1983. Appeal from the District Court of Huerfano County, Honorable Albert J. Tomsic, Judge. Page 1165 Cecil L. Turner, for petitioner-appellant. J. D. MacFarlane, Attorney General, Charles B. Howe, Deputy Attorney […]

(403 P.2d 220) CLIFFORD CLYDE STEWART v. HARRY C. TINSLEY, WARDEN OF COLORADO STATE PENITENTIARY. No. 21601.Supreme Court of Colorado. Decided June 21, 1965. From a denial of his petition for a writ of habeas corpus, petitioner brings error. Affirmed. 1. HABEAS CORPUS — Coercion of Plea — Benefit of Counsel — Failure to Advise […]

555 P.2d 1160 The People of the State of Colorado v. Freddie Lee Young No. 26734Supreme Court of Colorado. Decided November 1, 1976. Rehearing denied November 22, 1976. Defendant was convicted of accessory to first-degree murder and appealed. Affirmed 1. ACCESSORY — Statute — Constitutional — Fair Warning — Forbidden Conduct. There is no merit […]

(571 P.2d 1107) Michelle S. Walsmith v. The Honorable Joseph Lilly, Chief Judge, District Court of the Second Judicial District of the State of Colorado No. 27831Supreme Court of Colorado. Decided November 21, 1977. Original proceeding in which petitioner seeks relief in the nature of prohibition to prevent respondent chief judge of district court in […]

(513 P.2d 467) In the Matter of the Petition of Loretto Literary and Benevolent Institution, a Kentucky corporation, and Von Frellick Associates, Inc., for the Disconnection of a Tract of Realty from the City of Lakewood, Colorado v. The City of Lakewood Colorado No. 72-205Colorado Court of Appeals. Decided May 30, 1973. Rehearing denied June […]

In the Matter of Andrew M. Lopez, Attorney-Respondent. No. 99SA78Supreme Court of Colorado. May 10, 1999 Original Proceeding in Discipline ATTORNEY DISBARRED Linda Donnelly, Attorney Regulation Counsel, Luain T. Hensel, Assistant Attorney Regulation Counsel, Denver, Colorado, for Complainant. Andrew M. Lopez, Denver, Pro Se. EN BANC PER CURIAM. [1] This lawyer discipline case comes before […]

COLORADO INSURANCE GUARANTY ASSOCIATION, Plaintiff-Appellant, v. Michael L. MENOR, Defendant-Appellee. No. 05CA2483.Colorado Court of Appeals. May 3, 2007. Appeal from the Pueblo County District Court, Dennis Maes, J. Page 206 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 207 [EDITORS’ NOTE: THIS […]

The People of the State of Colorado, Plaintiff-Appellant in 86SA464, v. Phillip Jefferson, Defendant-Appellee in 86SA464. The People of the State of Colorado Plaintiff-Appellant in 87SA237, v. Clyde Edward Savage, Defendant-Appellee in 87SA237. No. 86SA464 No. 87SA237Supreme Court of Colorado. Decided January 11, 1988. Rehearing Denied February 8, 1988. Appeal from District Court, City and […]

(519 P.2d 1201) Transamerica Insurance Company, a California corporation v. The Pueblo Gas and Fuel Company, a Colorado corporation No. 72-239Colorado Court of Appeals. Decided October 24, 1973. Rehearing denied December 4, 1973. Comparative negligence action for fire damages allegedly caused by public service company’s failure to discontinue gas service as requested. From judgment entered […]

STATE of Colorado and Bill Owens, in his official capacity as Governor of the State of Colorado, Defendants-Appellants/Cross-Appellees v. CITY AND COUNTY OF DENVER, a home rule municipal corporation of the State of Colorado; and John W. Hickenlooper, as Mayor of the City and County of Denver, Plaintiffs-Appellees/Cross-Appellants. John A. Sternberg, Plaintiff-Appellant v. City and […]

(418 P.2d 523) Herbert W. Berry, as Mayor and Vern Schneft, Harold Dodge, Jr., William Porterfield, Ralph Hines, Donald Hampton and John Musselman, as the Board of Trustees, Town of Walden, Thomas Charles Elberson, and Byron Anderson, as Secretary of State of the State of Colorado v. Vance Richardson and Alice Richardson. No. 22487.Supreme Court […]

Susan A. Coady and Francis M. Coady, Plaintiffs-Appellants, v. Gerald D. Worrell a/k/a Gerald D. Woorell and Regional Transportation District, Defendants-Appellees. No. 83CA1247Colorado Court of Appeals. Decided July 26, 1984. Appeal from the District Court of the City and County of Denver Honorable Raymond Dean Jones, Judge Raphael M. Solot for plaintiffs-appellants. Russell W. Richardson […]

THE PEOPLE OF THE STATE OF COLORADO, Complainant, v. GARY A. DRAIZEN, Attorney-Respondent. No. 97SA64Supreme Court of Colorado. July 14, 1997 Original Proceeding in Discipline ATTORNEY DISBARRED Linda Donnelly, Disciplinary Counsel, James C. Coyle, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. Gary A. Draizen, Pro Se, Aiea, Hawaii. EN BANC PER CURIAM [1] A […]

(498 P.2d 942) The People of the State of Colorado v. Steven Lyle Craig No. 25011Supreme Court of Colorado. Decided July 3, 1972. Defendant was convicted of first-degree murder and conspiracy to commit first-degree murder and appealed. Affirmed 1. JURY — Prior Service — Statute — Meaning. The plain meaning of C.R.S. 1963, 78-5-2, relating […]

(597 P.2d 1056) The People of the State of Colorado v. David Dee William Wines No. 78-616Colorado Court of Appeals. Decided July 5, 1979. Defendant escaped from custody while serving a sentence imposed after he pled nolo contendere to certain felony charges, and from his conviction on escape charge, he appealed. Affirmed 1. CRIMINAL LAW […]

The People of the State of Colorado, Plaintiff-Appellant, v. Philip Wayne Hutchings, Defendant-Appellee. No. 93CA0897Colorado Court of Appeals. Decided August 11, 1994. Appeal from the District Court of Jefferson County Honorable William P. DeMoulin, Judge No. 91CR403 ORDER REVERSED AND CAUSE REMANDED WITH DIRECTIONS David J. Thomas, District Attorney, Donna S. Reed, Chief Appellate Deputy […]

(368 P.2d 784) ROBERT L. PARENT v. LEON C. KOPANOS. No. 19,921.Supreme Court of Colorado. Decided February 13, 1962. Action against former employer for compensation claimed to be due. Judgment for plaintiff. Affirmed. 1. MASTER AND SERVANT — Compensation — Stipulation. Stipulation of parties that if anything was due plaintiff judgment should be entered for […]

Richard Houtz and Robert Jeffrey Etheridge, Plaintiffs-Appellants, v. Union Insurance Company, Defendant-Appellee. No. 92CA0362Colorado Court of Appeals. Decided March 11, 1993. Rehearing Denied April 8, 1993. Certiorari pending 05/19/93 (93SC306). Page 848 Appeal from the District Court of Larimer County Honorable William F. Dressel, Judge Schey Schey, P.C., Donald H. Alspaugh, James H. Nelson, for […]

(439 P.2d 43) William C. Russell, Jr. and Eldon L. Cull v. Beverly Wheeler, et al. No. 22270.Supreme Court of Colorado. Decided March 25, 1968. Rehearing denied April 22, 1968. Action involving a school bond election contest. From a judgment of dismissal, the plaintiffs (contestors) brought error. Reversed. 1. SCHOOLS AND SCHOOL DISTRICTS — School […]

Paul A. Romans, Petitioner, v. Hewitt Electric Corporation, The Industrial Commission of the State of Colorado, State Compensation Insurance Fund, Division of Labor, and/or Major Medical Insurance Fund, Respondents. No. 85CA1494Colorado Court of Appeals. Decided June 19, 1986. Review of Order from the Industrial Commission of the State of Colorado Steven U. Mullens, P.C., James […]

(572 P.2d 805) In the Matter of the Application for Water Rights of John E. Orr, in Weld County, Colorado v. City and County of Denver, acting by and through its Board of Water Commissioners, Weldon Valley Ditch Company, and The Irrigationists Assoc. No. 27436Supreme Court of Colorado. Decided October 3, 1977. Rehearing denied October […]

208 P.2d 941 SLONIGER ET AL. v. RAINS ET AL. No. 16,157.Supreme Court of Colorado. Decided July 15, 1949. An action involving real property. Judgment for defendants. Affirmed. 1. REAL PROPERTY — Unlawful Detainer — Courts. When a case involving real estate is certified to the district court by a justice of the peace on […]

(354 P.2d 170) CONRAD H. BURBACH v. HARRY C. TINSLEY, WARDEN. No. 19,435.Supreme Court of Colorado. Decided July 11, 1960. Upon denial of his petition for a writ of habeas corpus, the petitioner brings error. Affirmed. 1. HABEAS CORPUS — Sentence — Validity — Pre-sentence Procedure. Where prior to imposing sentence the court heard witnesses […]

(587 P.2d 802) The People of the State of Colorado v. Bohuslav Vesely No. 77-507Colorado Court of Appeals. Decided September 21, 1978. Rehearing denied October 12, 1978. Certiorari denied December 11, 1978. Convicted of forgery in connection with the filing of 26 state income tax returns, defendant appealed. Affirmed 1. CRIMINAL LAW — Grand Jury […]

199 P.2d 892 WARK v. BOPP. No. 15,944.Supreme Court of Colorado. Decided November 1, 1948. An action involving a real-estate transaction. Complaint dismissed and judgment entered for defendant on his counterclaim. Affirmed. 1. FRAUD — False Representations — Actions. If a party is induced to purchase property by false and fraudulent representations made by the […]

The People of the State of Colorado, Complainant, v. Leroy R. Moya, Attorney-Respondent. No. 90SA142Supreme Court of Colorado. Decided June 25, 1990. Original Proceeding in Discipline Linda Donnelly, Disciplinary Counsel, George S. Meyer, Deputy Disciplinary Counsel, for Complainant. Christopher A. Miranda, Gerash, Robinson Miranda, P.C., for Respondent. EN BANC PER CURIAM. [1] In this disciplinary […]

(505 P.2d 1300) The Public Utilities Commission of the State of Colorado v. District Court in and for the City and County of Denver and Clifford H. Darrow, a Retired Judge assigned to said Court No. 25729Supreme Court of Colorado. Decided February 5, 1973. Original proceeding involving rule on respondent district court to show cause […]

(416 P.2d 365) Widefield Homes, Inc., a Colorado corporation v. Victor D. Griego, a minor, by his next friend, Adolph J. Griego. No. 21299.Supreme Court of Colorado. Decided July 11, 1966. Action by minor to recover damages for injury received in fall from bicycle allegedly caused by defendants negligence. Judgment for plaintiff. Reversed. 1. HIGHWAYS […]

The People of the State of Colorado v. Kenneth H. Botham, Jr. No. 27525Supreme Court of Colorado. Decided June 8, 1981. Rehearing denied June 29, 1981. Appeal from the District Court of Mesa County, Honorable William M. Ela, Judge. Page 590 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]