Category: Colorado Court Opinions

(455 P.2d 201) J.S. Dillon Sons Stores Company, Inc. a foreign corporation, doing business under the trade-name of King Soopers Markets v. Elwood Carrington. No. 22350.Supreme Court of Colorado. Decided June 9, 1969. Action by customer against store to recover damages for having been assaulted and falsely accused of having stolen prescription drugs. Judgment for […]

The People of the State of Colorado, Plaintiff-Appellant, v. Steven D. Rickard, Defendant-Appellee. No. 86SA386Supreme Court of Colorado. Decided September 12, 1988. Appeal from District Court, City and County of Denver Honorable John Brooks, Jr., Judge Page 189 Robert A. Chapell, Chief Deputy District Attorney, John A. Hower, Deputy District Attorney, for Plaintiff-Appellant. Bruno, Bruno […]

John E. OSBORN and Donald D. Eley, Plaintiffs-Appellants and Cross-Appellees v. Michael K. PACKARD, Sunborne Development, LLC, and Sunborne Investment, LLC, f/k/a Packard Family General Partnership, A Colorado general partnership, Defendants-Appellees and Cross-Appellants. No. 03CA0679.Colorado Court of Appeals. November 18, 2004. Certiorari Denied August 8, 2005. Page 78 Davis and Ceriani, P.C., Bruce E. Rohde, […]

Daniel W. Osband; Nancy H. Abbott; Ronald V. Abruzzo; Darryl K. Allen; Kim M. Alt; Dolores J. Arbuthnot; Charles W. Beamer; Jeffrey C. Benson; Darrel C. Bryant; Catherine F. Buhler; Lynn Butler; Christine Opiol Caffey; Richard C. Caldwell; Karen Chavez; Angela H. Chiu; Carmen Chong; Christa Ciancio; David A. Clouse; David B. Coover; James O. […]

(595 P.2d 219) The People of the State of Colorado v. Robert Piskula, Jr. No. 28191Supreme Court of Colorado. Decided February 13, 1979. Appeal by the People from an order of the trial court granting the defendant’s pre-trial motion to dismiss both counts of the information in prosecution for felony theft. Ruling Reversed 1. CONSTITUTIONAL […]

(525 P.2d 457) The People of the State of Colorado v. Larry Lee Elliott No. 26085Supreme Court of Colorado. Decided August 12, 1974. From a finding that felony-nonsupport statute was violative of the Equal Rights Amendment and therefore unconstitutional because it applies only to men, the district court dismissed an information charging defendant with felony-nonsupport […]

(515 P.2d 1117) The People of the State of Colorado v. Jose E. R. Duran No. 25507Supreme Court of Colorado. Decided November 12, 1973. Appeal by defendant from an order denying his motion under Crim. P. 35(b) for withdrawal of his pleas of guilty to the crimes of assault with a deadly weapon, assault with […]

John Gamble, Petitioner, v. Levitz Furniture Company of The Midwest Inc., Respondent. No. 88SC203Supreme Court of Colorado, En Banc. Decided December 5, 1989 [1] ORDER OF COURT [2] Upon consideration of the Record of Appeal, together with the Written and Oral Arguments of Counsel, and now being sufficiently advised in the premises, [3] IT IS […]

58 P.2d 486 PUBLIX CAB COMPANY ET AL. v. PHILLIPS. No. 13,667.Supreme Court of Colorado. Decided May 11, 1936. Rehearing denied June 1, 1936. Action for damages for personal injuries resulting from an automobile accident. Judgment for plaintiff. Affirmed. 1. APPEAL AND ERROR — Conflicting Evidence — Construction. A jury having rendered a verdict in […]

John D. O’Brien, Mario P. Borini and Farrow J. Smith, as the joint Personal Representatives of the Estate of G.B. Henderson, Deceased, Petitioners, v. Village Land Company, a Colorado corporation, Respondent. No. 89SC241Supreme Court of Colorado. Decided July 9, 1990. Certiorari to the Colorado Court of Appeals Dietze, Davis and Porter, P.C., Peter C. Dietze, […]

(312 P.2d 786) HENRY THIELE, FOR HIMSELF AND OTHERS SIMILARLY SITUATED v. CITY AND COUNTY OF DENVER, ET AL. No. 17,868.Supreme Court of Colorado. Decided June 10, 1957. Rehearing denied July 15, 1957. Action by dog owner on behalf of himself and others, challenging validity of “dog leash” ordinance. Judgment for defendants. Affirmed. 1. ANIMALS […]

In re the Marriage of Carolyn K. Baroni, n/k/a Carolyn McGuinn, Appellee, and Daniel H. Baroni, Appellant. No. 88CA0880Colorado Court of Appeals. Decided September 21, 1989. Appeal from the District Court of Chaffee County Honorable O. Edward Schlatter, Judge Law Office of Peter Cordova, Pete Cordova, Bill C. Berger, for Appellee. Robert D. Conover, for […]

488 P.2d 1128 In the Matter of the Estate of Henry Linker, Deceased, Henry L. Linker and Clarence L. Linker, as Heirs and Beneficiaries of the Estate of Henry Linker v. Gretta Linker, Claimant against the Estate of Henry L. Linker, and Robert Haffke, Executor De Bonis Non of the Estate of Henry L. Linker […]

R.A.S. Builders, Inc., a Colorado corporation, Petitioner, v. Euclid Commonwealth Associates, a California limited partnership, Respondent. No. 96SC745Supreme Court of Colorado. September 14, 1998 Appeal from the District Court, City and County of Denver. JUDGMENT AFFIRMED Pearson Milligan Horowitz, P.C., Robert Horowitz, Jo Lauren Seavy, Denver, Colorado, Attorneys for Petitioner. Phillip C. Gans, P.C., Phillip […]

In the Matter of Armando C de Baca, Attorney-Respondent. No. 98SA456Supreme Court of Colorado. September 11, 2000 Attorney Regulation, Dishonest Conduct While Suspended, Attorney Disbarred ATTORNEY DISBARRED Page 427 John S. Gleason, Attorney Regulation Counsel, Denver, Colorado, Attorney for Complainant John B. Kusic, Denver, Colorado, Richard M. Borchers, P.C., Westminster, Colorado, Attorneys for Attorney-Respondent EN […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Heath VALDEZ, Defendant-Appellant. No. 01CA0324.Colorado Court of Appeals. Division III. August 1, 2002. Certiorari Denied May 12, 2003. Adams County District Court No. 97CR1520; Honorable Thomas R. Ensor, Judge. ORDER AFFIRMED. Ken Salazar, Attorney General, Michelle L. Prince, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee. David […]

The People of the State of Colorado, Plaintiff-Appellee, v. Albert Martinez, Defendant-Appellant. No. 81SA386Supreme Court of Colorado. Decided April 4, 1983. Rehearing denied April 18, 1983. Appeal from the District Court of the City and County of Denver, Honorable Sandra I. Rothenberg, Judge. J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy Attorney General, Mary […]

Lewis Kilbourn, Plaintiff-Appellant, v. Fire and Police Pension Association and Board of Directors of Fire and Police Pension Association, Defendants-Appellees. No. 97CA0308Colorado Court of Appeals. May 28, 1998 Rehearing Denied June 25, 1998 Certiorari Denied January 25, 1999 Appeal from the District Court of Arapahoe County, Honorable James F. Macrum, Judge, No. 95CV2036 JUDGMENT AFFIRMED […]

(274 P.2d 977) COLLINS v. HOWARD ET AL. No. 17,292.Supreme Court of Colorado. Decided October 11, 1954. An action for rescission of an agreement for dance instructions. Judgment for defendant. PER CURIAM. Judgment affirmed en banc without written opinion. Error to the District Court of the City and County of Denver, Hon. Robert H. McWilliams, […]

(468 P.2d 745) Wilbert Johnson v. The People of the State of Colorado. No. 23413Supreme Court of Colorado. Decided May 4, 1970. Defendant was convicted of burglary and larceny and brought error. Affirmed. 1. BURGLARY — Larceny — Evidence — Sufficiency — Cross-examination — Restriction — Negative. Where defendant was convicted of burglary and larceny […]

(357 P.2d 647) RALPH R. SCHLARB, ET AL. v. NORTH SUBURBAN SANITATION DISTRICT. No. 19,027.Supreme Court of Colorado. Decided December 12, 1960. December 30, 1960, Petition for rehearing stricken. Action to recover part of funds paid by property owner for annexation to sanitation district. Judgment for defendant. Affirmed. 1. CONSERVANCY DISTRICTS — Sanitation — Nature […]

Richard A. Schmidt, M.D., Plaintiff-Appellee, v. Alden H. Harken, M.D., and John Whitesel, M.D., Defendants-Appellants. No. 00CA0270Colorado Court of Appeals. February 15, 2001 City and County of Denver District Court No. 98CV6359, Honorable William G. Meyer, Judge JUDGMENT REVERSED AND CAUSE REMANDED WITH DIRECTIONS Page 35 Snell Wilmer, LLP, James D. Kilroy, Denver, Colorado, for […]

(520 P.2d 1043) The People of the State of Colorado v. Joseph Dick “Scotty” Spinuzzi No. 25327Supreme Court of Colorado. Decided April 8, 1974. Rehearing denied April 29, 1974. Defendant was convicted of keeping a gaming room and keeping a gaming table in violation of the pertinent statutes and appealed. Affirmed 1. GAMING — Room […]

The People of the State of Colorado, Plaintiff-Appellee, v. John Anthony Elder, Defendant-Appellant. No. 00CA0241Colorado Court of Appeals. August 2, 2001 Certiorari Denied December 17, 2001 El Paso County District Court Nos. 94CR31 99CR2644; Honorable Gil Martinez, Judge ORDER AFFIRMED Ken Salazar, Attorney General, Lauren Edelstein-Park, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee David S. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Esteban Hernandez-Luis, Defendant-Appellant. No. 92CA0501Colorado Court of Appeals. Decided February 10, 1994. As Modified on Denial of Rehearing March 10, 1994. Certiorari Denied September 12, 1994. Appeal from the District Court of Larimer County Honorable James H. Hiatt, Judge, No. 91CR584 SENTENCE AFFIRMED Gale A. Norton, […]

195 P.2d 385 SWENSON v. LaSHELL ET AL. No. 15,853.Supreme Court of Colorado. Decided June 21, 1948. 1. SIDEWALKS — Falling Snow — Personal Injuries. An owner or occupant of property abutting on a public sidewalk is not liable under the common law for personal injuries occasioned by a slip thereon occurring when snow is […]

Terry Lee HIBBS, Plaintiff-Appellee, v. COLORADO DEPARTMENT OF REVENUE, Defendant-Appellant. No. 03CA1369.Colorado Court of Appeals. Division I. October 7, 2004. Certiorari Granted February 28, 2005. Appeal from the District Court, Chaffee County, Kenneth M. Plotz, J. Law Office of Pete Cordova, P.C., Pete Cordova, M. Stuart Anderson, Salida, Colorado, for Plaintiff-Appellee. Ken Salazar, Attorney General, […]

(355 P.2d 306) MILDRED CLINE, ETC. v. J. EUGENE WHITTEN, STATE ENGINEER, ETC. No. 18,923.Supreme Court of Colorado. Decided September 19, 1960. Action against state engineer to restrain interference with use of spring water on plaintiffs’ land. Judgment for defendants. Reversed. 1. WATER RIGHTS — Spring Water — Land Owner — Prior Right — Statute. […]

Department of Administration, Plaintiff-Appellee, v. State Personnel Board of the State of Colorado, and Jack McLaughlin, Defendants-Appellants. No. 84CA0165Colorado Court of Appeals. Decided January 10, 1985. Rehearing Denied February 7, 1985. Certiorari Denied August 19, 1985. Appeal from the District Court of the City and County of Denver Honorable Gilbert A. Alexander, Judge Page 596 […]

113 P.2d 869 ROGERS v. PUBLIC SERVICE COMPANY OF COLORADO ET AL. No. 14,743.Supreme Court of Colorado. Decided March 31, 1941. Rehearing denied May 26, 1941. On motion to dismiss writ of error. Writ Dismissed. 1. APPEAL AND ERROR — Motions to Dismiss. Where it appears from the record that the judgment of which a […]

36 P.2d 164 UNITED STATES BUILDING AND LOAN ASSOCIATION ET AL. v. McCLELLAND, COMMISSIONER. No. 13,451.Supreme Court of Colorado. Decided July 9, 1934. Rehearing denied September 10, 1934. Suit by building and loan companies to enjoin the commissioner of building and loan associations from taking over the books, records, collateral and property of such companies […]

The People of the State of Colorado, Plaintiff-Appellee, v. Michael Smith, Defendant-Appellant. No. 82CA1460Colorado Court of Appeals. Decided November 23, 1983. Rehearing Denied December 29, 1983. Certiorari Denied May 7, 1984. Appeal from the District Court of Arapahoe County Honorable Kenneth Stuart, Judge Page 526 Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney […]

In Re: Proposed Initiative Concerning Drinking Age in Colorado Robert B. Keating, Opponent, and Coalition for Raising Drinking Age, Beverly J. Kinard, Marian L. York, Charles W. Mobley, Patricia D. Mobley, David M. Kinard, Proponents, and Natalie Meyer, Douglas G. Brown and Duane Woodard, Statutory Board. No. 84SA281Supreme Court of Colorado. Decided July 5, 1984. […]

In re the Marriage of Sandra Lyn Pote, n/k/a Sandra Lyn Merrick, Appellant, and Harold Fred Pote, Appellee. No. 91CA1755Colorado Court of Appeals. Decided January 14, 1993. Appeal from the District Court of Logan County Honorable Steven E. Shinn, Judge Page 247 Arnold Ross and Singer, Michael K. Singer, for Appellant. Janet D. Zimmerman, for […]

The People of the State of Colorado, Plaintiff-Appellee, v. Welborn Alexander, Defendant-Appellant. No. 84SA519Supreme Court of Colorado. Decided September 2, 1986. Rehearing Denied September 29, 1986. Appeal from District Court, El Paso County Honorable Robert M. Elliott, Judge Page 1305 Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, Solicitor […]

In Re the Marriage of: Joe Leroy Wyatt, Appellant, and Robin Lynn Wyatt, Appellee. No. 85CA0638Colorado Court of Appeals. Decided October 2, 1986. Appeal from the District Court of Jefferson County Honorable Ruthanne N. Polidori, Judge Page 735 Dennis M. Montgomery, Ronald L. Wilcox, for Appellant. Myers, Woodford Hoppin, P.C., Frederick J. Myers, for Appellee. […]

Jason Martin, a/k/a Zambezi Zakee, Petitioner, v. The People of the State of Colorado, Respondent. No. 85SC148Supreme Court of Colorado. Decided June 8, 1987. Rehearing Denied July 13, 1987. Certiorari to the Colorado Court of Appeals Page 790 David F. Vela, Colorado State Public Defender, Claire Levy, Deputy State Public Defender, for Petitioner. Duane Woodard, […]

(525 P.2d 1185) Leon J. Dlug and Patricia L. Dlug v. Charles O. Wooldridge No. 73-106Colorado Court of Appeals. Decided July 2, 1974. Certiorari granted August 26, 1974. Court on own motion dismissed Writ of Certiorari as improvidently granted. On motion for reconsideration, dismissal order vacated and proceedings reinstated September 30, 1974. In sale of […]

(379 P.2d 807) LUCY KRESSE v. MYRTLE BENNETT. No. 20,012.Supreme Court of Colorado. Decided March 11, 1963. Rehearing denied April 1, 1963. Action for damages for assault and battery. Judgment for plaintiff. Conditionally Affirmed. 1. DAMAGES — Assault and Battery — Exemplary Damages — Statute. Under C.R.S. ’53, 41-2-2, reasonable exemplary damages may be awarded […]

John Louis Montoya, Petitioner, v. The People of the State of Colorado, Respondent. No. 92SC236Supreme Court of Colorado. Decided December 6, 1993 Certiorari to the Colorado Court of Appeals JUDGMENT AFFIRMED Lowery and Lowery, P.C., Philip E. Lowery, Spero A. Leon Denver, Colorado Attorneys for Petitioner Gale A. Norton, Attorney General, Raymond T. Slaughter, Chief […]

187 P.2d 593 DUNTON, DOING BUSINESS AS JACK DUNTON REALTY COMPANY v. STEMME. No. 15,728.Supreme Court of Colorado. Decided November 24, 1947. An action by a real-estate broker for commission allegedly due him in a real-estate transaction. Judgment for defendant. Affirmed. 1. APPEAL AND ERROR — Fact Findings. Fact findings of the trial court which […]

(316 P.2d 565) GENERAL AMERICAN INDUSTRIES, INC. v. COUNTY COURT OF CLEAR CREEK COUNTY, ET AL. No. 18,296.Supreme Court of Colorado. Decided August 26, 1957. Rehearing denied September 16, 1957. Original proceeding in prohibition involving appeal in a forcible entry and detainer action. Rule to show caused issued. Rule Made Absolute. 1. FORCIBLE ENTRY AND […]

(435 P.2d 382) Arthur R. Goers, Paula Goers, Cecile Beal, Donald Harrison, Roberta Harrison, Alvin B. Thomas, Robert G. Gagnon, Leo Christerson, C. Fulton McMaster, Edward T. Bollinger, Alice G. Bollinger, James P. Turner, Jean C. Turner, S. Morris Lubow, Mary Lubow, Doliver P. Nordstrom, Mardelle D. Nordstrom, Colleen A. Holman, James S. Hildebrandt, Alice […]

(328 P.2d 375) EDWARD O. GEER, MANAGER. ETC. v. LEE H. RABINOFF. No. 18,722.Supreme Court of Colorado. Decided July 28, 1958. Application for transfer of drug store liquor license to new location. From a judgment ordering transfer to the new location the Manager of Safety brings error. Affirmed. 1. INTOXICATING LIQUORS — License — New […]

Smiley’s Too, Inc., d/b/a Smiley’s Coin Laundry and Dry Cleaners, a Colorado corporation; and Colfax Avenue Irrevocable Trust, d/b/a Smiley’s Laundromat and Cleaners, Plaintiffs-Appellants, v. The Denver Post Corporation, a Colorado corporation, and Chance Conner, Defendants-Appellees. No. 95CA0282Colorado Court of Appeals. Decided June 27, 1996 Petition for Rehearing DENIED August 8, 1996 Certiorari Denied March […]

The People of the State of Colorado, Plaintiff-Appellee, v. James A. Bernabei, Sr., Defendant-Appellant. No. 96CA1538Colorado Court of Appeals. October 15, 1998 Rehearing Denied November 27, 1998 Certiorari Denied July 6, 1999 Appeal from the District Court of El Paso County, Honorable Peter W. Booth, Judge, No. 95CR1280. JUDGMENT AFFIRMED. Page 27 [EDITORS’ NOTE: THIS […]

(553 P.2d 390) Capitol Life Insurance Company v. Lois Roth No. C-741Supreme Court of Colorado. Decided July 19, 1976. Opinion modified and as modified rehearing denied September 7, 1976. Action to recover double indemnity benefits under life insurance policies. The trial court concluded that the insured, plaintiff’s husband, had died an accidental death, and that […]

National City Bank, Plaintiff, v. Strong Bros. Enterprises, Inc., Defendant-Appellant, and The Estate of Frank A. Strong, Defendant-Appellee, The World Insurance Company, Teton National Ins. Co., The Credit Life Ins. Co., Central States Health Life Company of Omaha, Lincoln Benefit Life Company, Philadelphia Life Ins. Co., Life Investors Ins. Co., The Reliable Life Ins. Co., […]

Allyce M. Ford, Conservatrix for Golda P. Henderson, Plaintiff-Appellee, v. Edward R. Henderson, Defendant-Appellant. No. 83CA0017Colorado Court of Appeals. Decided April 26, 1984. Rehearing Denied June 14, 1984. Certiorari Denied November 19, 1984. Appeal from the District Court of Delta County Honorable Jerry D. Lincoln, Judge Nelson, Hoskin, Groves Prinster, P.C., John W. Groves, Gregg […]

The People of the State of Colorado, Plaintiff-Appellee, v. Douglas H. Miller, Defendant-Appellant. No. 86CA0996Colorado Court of Appeals. Decided June 18, 1987. Rehearing Denied July 30, 1987. Certiorari Denied November 30, 1987 (87SC319). Appeal from the District Court of Jefferson County Honorable Ruthanne N. Polidori, Judge Page 13 Duane Woodard, Attorney General, Charles B. Howe, […]

The People of the State of Colorado, Plaintiff-Appellee, v. Ronald D. Simonds, Defendant-Appellant. No. 02CA1271.Colorado Court of Appeals. September 11, 2003. As Modified on Denial of Rehearing December 24, 2003. Certiorari Granted June 7, 2004. Boulder County District Court No. 97CR0566; Honorable Carol Glowinsky, Judge. ORDERS VACATED AND CASE REMANDED WITH DIRECTIONS. Page 406 Ken […]

(421 P.2d 732) The People of the State of Colorado v. Herbert Chee No. 22592.Supreme Court of Colorado. Decided December 19, 1966. Rehearing denied January 16, 1967. Defendant was charged with crime of larceny by bailee. From a judgment of acquittal the People brought error. Approved. 1. LARCENY — Bailee — Bailment — Acquittal — […]

30 P.2d 259 BROWN v. HUGHES. No. 13,176.Supreme Court of Colorado. Decided February 5, 1934. Rehearing denied March 12, 1934. Action against physicians for damages alleged to have resulted from malpractice. Judgment for plaintiff. Reversed. 1. PHYSICIANS AND SURGEONS — Qualifications. All that is required of medical men in diagnosis and treatment of cases is […]

The People of the State of Colorado, Plaintiff-Appellee, In the Interest of T.S. and T.M., Children, and Concerning G.M., a/k/a A.N.J., Respondent-Appellant. No. 88CA1180Colorado Court of Appeals. Decided June 1, 1989. Rehearing Denied June 29, 1989. Certiorari Denied October 10, 1989 (89SC413). Appeal from the Juvenile Court of Mesa County Honorable David A. Bottger, Judge […]

86 P.2d 1088 BAUER v. THE PEOPLE. No. 14,400.Supreme Court of Colorado. Decided January 23, 1939. Plaintiff in error was found guilty of driving an automobile while under the influence of intoxicating liquor. Affirmed. 1. EVIDENCE — Intoxication. To establish that a person is intoxicated it is not necessary to prove the process, often a […]

(372 P.2d 166) HELEN EMA ARFSTEN, ET AL., v. CHARLES S. HIGBY, ET AL. No. 20,017.Supreme Court of Colorado. Decided June 11, 1962. Action by equitable owners of corporate stock against majority stockholders for mismanagement of corporate affairs. Judgment for defendants. Reversed. 1. CORPORATIONS — Minority Stockholders — Equitable Title — Right of Action. One […]

Robert Dillingham, Petitioner, v. Greeley Publishing Company d/b/a Greeley Daily Tribune Respondent. No. 82SC411Supreme Court of Colorado. Decided May 28, 1985. Rehearing Denied June 24, 1985. Certiorari to the Colorado Court of Appeals Page 28 Shade, Doyle, Klein, Otis, Shaha and Frey, Henry Frey, for Petitioner Houtchens, Houtchens and Daniel, Kim R. Houtchens, for Respondent. […]

(235 P.2d 351) McKENNA v. THE PEOPLE. No. 16,629.Supreme Court of Colorado. Decided July 30, 1951. Rehearing denied August 20, 1951. Plaintiff in error was convicted of first degree murder and sentenced to imprisonment in the state penitentiary for life. Affirmed. 1. CRIMINAL LAW — Evidence — Experiments. “Evidence of experiments made out of court […]

Edna Irene Farmer, Plaintiff-Appellant, v. J. M. Farmer, a/k/a Joseph M. Farmer, a/k/a Joe Farmer, Defendant-Appellee and Cross-Appellant, v. Alexander F. Kane, and Sweetwater Development Corporation, a Colorado corporation, Defendants-Appellees and Cross-Appellees. No. 85CA0993Colorado Court of Appeals. Decided April 17, 1986. Appeal from the District Court of El Paso County Honorable Richard V. Hall, Judge […]

(354 P.2d 1007) MARIE SKOGSBERG, DEVISEE, ETC., OF ANNABELLE E. WARD, DECEASED v. THEO. M. JACOBS, CONSERVATOR, ETC. No. 18,956.Supreme Court of Colorado. Decided August 22, 1960. Writ of error to review denial of orders involving conservatorship. Writ of Error Dismissed. 1. APPEAL AND ERROR — Death of Party — Writ of Error — Dismissal. […]

Otto Graham, Petitioner, v. The People of the State of Colorado, Respondent. No. 83SC374Supreme Court of Colorado. Decided August 26, 1985. Rehearing Denied September 23, 1985. Page 506 Certiorari to the Colorado Court of Appeals Robert A. Millman, for Petitioner. Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, Solicitor […]

22 P.2d 862 WOODWARD, RECEIVER ET AL. v. HOLLIS ET AL. No. 12,872.Supreme Court of Colorado. Decided May 29, 1933. Action in the nature of exoneration and subrogation. Judgment for defendants. Reversed. 1. ACTIONS — Equitable and Legal — Pleading. The mere fact that plaintiff in an equitable proceeding asks for a money judgment does […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee v. David Arthur WITTREIN Defendant-Appellant. No. 04CA2118.Colorado Court of Appeals. May 1, 2008. Rehearing Denied June 26, 2008. Appeal from the District Court, Arapahoe County, James F. Macrum; Jr., J. Page 1238 John W. Suthers, Attorney General, Jennifer M. Smith, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee. […]

North York Land Associates, a Colorado Limited Partnership, Plaintiff-Appellee, v. Byron Oil Industries, Inc., a Missouri Corporation, Defendant-Appellant. No. 82CA0274Colorado Court of Appeals. Decided September 27, 1984. Rehearing Denied November 1, 1984. Certiorari Denied February 19, 1985. Appeal from the District Court of Adams County Honorable Oyer G. Leary, Judge Page 1189 Coghill Goodspeed, P.C., […]

Dixon Frick Burden, on behalf of himself and other shareholders of Raico International Ltd., a Delaware corporation, and Raico International Ltd., by Dixon Frick Burden, acting on a shareholder derivative basis, Plaintiffs-Appellants, v. Rainer Greeven and Raico International, Ltd., believed to be a Delaware corporation, Defendants-Appellees. No. 96CA1659Colorado Court of Appeals. January 22, 1998 Appeal […]

(526 P.2d 661) Columbia Savings and Loan Association, a Colorado corporation v. The District Court in and for the County of Clear Creek, State of Colorado; The Honorable Ronald J. Hardesty, Judge of the District Court in and for the County of Clear Creek, State of Colorado; Wallace D. Palmer and H. J. Bishop II, […]

(420 P.2d 236) The People of the State of Colorado, ex rel. Floyd Marks, District Attorney v. The District Court of Adams County and Judge Jean J. Jacobucci, one of the Judges thereof. No. 22507.Supreme Court of Colorado. Decided October 24, 1966. Rehearing denied December 12, 1966. Original proceeding attacking judgment and order of district […]

(315 P.2d 204) CITY OF TRINIDAD, ET AL. v. W. H. HAXBY, ET AL. No. 18,171.Supreme Court of Colorado. Decided September 3, 1957. Action by taxpayers of city to enjoin issuance of bonds for the purpose of building a hospital. Judgment for plaintiffs. Affirmed. 1. MUNICIPAL CORPORATIONS — Taxation — Issuance of Bonds — Debt. […]

(430 P.2d 463) Robert Houston Ruby v. Yellow Cab, Inc., a Colorado Corporation, and Industrial Commission of the State of Colorado (Ex-Officio Unemployment Compensation Commission of Colorado). No. 22480.Supreme Court of Colorado. Decided July 24, 1967. From a judgment denying his request for unemployment compensation benefits, the claimant brought error. Reversed. 1. SOCIAL SECURITY AND […]

Karen G. Holdridge, Petitioner-Appellee, v. Board of Education of Keenesburg RE-3, Weld County Reorganized School District No. 3; and Weld County Board of Cooperative Educational Services, Respondents-Appellants. No. 92CA1469Colorado Court of Appeals. Decided March 10, 1994. Rehearing Denied April 21, 1994. Certiorari Denied September 12, 1994. Appeal from the District Court of Weld County Honorable […]

(404 P.2d 544) Joseph M. Brennan v. Charles E. Grover and John E. Gorsuch, etc., et al. No. 21678Supreme Court of Colorado. Decided August 2, 1965. Rehearing Denied August 30, 1965. Action seeking to replevy certain corporate stock certificates. Judgment for defendants. Affirmed. 1. JUDGMENT. — Re-litigation — Title to Property — Devious Route — […]

(384 P.2d 941) JOHN A. MEREDITH v. RICHARD H. RAMSDELL No. 19,844.Supreme Court of Colorado. Decided July 15, 1963. Rehearing denied September 16, 1963. Action against named defendant and another for rescission and damages. From dismissal of his claim for damages against named defendant, the plaintiff brings error. Reversed. 1. CONTRACTS — Several Writings. It […]

Catherine T. Middlemist, Plaintiff-Appellant, v. BDO Seidman, LLP and M. James Collins, Defendants-Appellees. No. 96CA1649Colorado Court of Appeals. October 2, 1997 Petition for Rehearing DENIED Certiorari Denied June 22, 1998. Page 487 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 488 [EDITORS’ […]

204 P.2d 557 CASADOS v. THE PEOPLE. No. 16,171.Supreme Court of Colorado. Decided March 14, 1949. Plaintiff in error was convicted of grand larceny, and larceny of an automobile. Affirmed. 1. STATUTES — Repeal by Implication — Legislative Intent. The legislative intent as to repeal by implication is to be determined in accordance with accepted […]

22 P.2d 642 VICK ROY v. GENERAL OUTDOOR ADVERTISING COMPANY. No. 13,106.Supreme Court of Colorado. Decided May 22, 1933. Action for rent. Judgment for defendant. Affirmed. 1. INSTRUCTIONS — Requests — Fact Issues. A requested instruction on an issue of fact which would invade the province of the jury is properly refused. 2. APPEAL AND […]

R. D. Emrich and J. L. Bray, Individually and d/b/a The Plaza 25 Company, Plaintiffs-Appellees, v. Joyce’s Submarine Sandwiches, Inc., Defendant-Appellant. No. 86CA0635Colorado Court of Appeals. Decided October 15, 1987. Rehearing Denied November 19, 1987. Certiorari Denied March 28, 1988 (87SC478). Appeal from the District Court of Mesa County Honorable Jose D. L. Marquez, Judge […]

The People of the State of Colorado, Complainant, v. William G. Pilgrim, Attorney-Respondent. No. 84SA520Supreme Court of Colorado. Decided March 25, 1985. Original Proceedings in Discipline Linda Donnelly, Disciplinary Prosecutor, George S. Meyer, Deputy Disciplinary Prosecutor, for Complainant. No Appearance by Attorney-Respondent. EN BANC JUSTICE NEIGHBORS delivered the opinion of the Court. [1] In this […]

(606 P.2d 74) Melvin Bell v. Ernest D. Bower, Sheriff of Weld County No. 79SA90Supreme Court of Colorado. Decided February 11, 1980. Petitioner appeals from dismissal by the district court of his petition for writ of habeas corpus. Affirmed 1. COURTS — Circumstances — Accused Brought Before Court — No Bearing on Power to Try. […]

The People of the State of Colorado, Plaintiff-Appellant, v. Rance Randall Reynolds, Defendant-Appellee. No. 94SA424Supreme Court of Colorado. May 22, 1995 Interlocutory Appeal from the District Court, Yuma County Honorable James R. Leh, Judge RULING AFFIRMED Chris D. Hefty, District Attorney, Thirteenth Judicial District, Douglas J. Haynes, Deputy District Attorney, Burlington, Colorado Attorneys for Plaintiff-Appellant. […]

(570 P.2d 825) The People of the State of Colorado ex rel. J. D. MacFarlane, Attorney General of the State of Colorado v. American Banco Corporation, a Colorado corporation No. 27454Supreme Court of Colorado. Decided September 12, 1977. Rehearing denied October 24, 1977. With reference to investigation conducted by attorney general’s office into suspected deceptive […]

Kenneth Paul Thurber, Plaintiff-Appellant, v. Alan N. Charnes, as Director of the Department of Revenue, Motor Vehicle Division of the State of Colorado, and State of Colorado, Defendant-Appellee. No. 81SA532Supreme Court of Colorado. Decided January 10, 1983. Appeal from the District Court of Jefferson County, Honorable Anthony F. Vollack, Judge. Page 703 Katz Mendel, Lawrence […]

(358 P.2d 470) RICHARD A. McQUADE v. MARIE McQUADE. No. 19,458.Supreme Court of Colorado. Decided December 30, 1960. Action by mother against father to compel support for minor child. From the orders and judgment entered the defendant brings error. Affirmed. 1. HUSBAND AND WIFE — Child — Support — Obligation. The primary obligation for the […]

(563 P.2d 976) James J. Duncan and Hannah F. Duncan v. Schuster-Graham Homes, Inc. v. George Hubbard, R. Keith Hook, and R. Keith Hook Associates No. 75-936Colorado Court of Appeals. Decided March 3, 1977. Rehearing denied March 24, 1977. Certiorari granted May 9, 1977. Purchaser of home brought action for alleged defects in the home […]

Ryan C. Key, Petitioner, v. The People of The State of Colorado, Respondent. No. 92SC802Supreme Court of Colorado. Decided January 10, 1994 Certiorari to the Colorado Court of Appeals JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS David F. Vela, Colorado State Public Defender, Katherine Brien, Deputy State Public Defender, Denver, […]

M.E.G., Petitioner-Appellee, v. R.B.D., Respondent-Appellant, And Concerning D.B.D., Minor Child. No. 83CA0226Colorado Court of Appeals. Decided December 29, 1983. Appeal from an Order of a Juvenile Commissioner of the District Court of El Paso County James H. Hiatt, for respondent-appellant. No appearance for petitioner-appellee. Division II. Opinion by JUDGE VAN CISE. [1] M.E.G. (the father) […]

David A. Bell, Plaintiff-Appellant, v. Gunnar K. Boklund, Defendant-Appellee. No. 84CA0271Colorado Court of Appeals. Decided October 24, 1985. Rehearing Denied December 5, 1985. Appeal from the District Court of the City and County of Denver Honorable Warren O. Martin, Judge Norton Frickey Associates, P.C., Dan W. Corson, for Plaintiff-Appellant. DeMoulin, Anderson, Campbell Laugesen, P.C., Franklin […]

(480 P.2d 571) The People of the State of Colorado v. Francis A. Mojo, Jr., John Storr, David D. Tooley and Ellsworth Nichols, Jr. No. 24876.Supreme Court of Colorado. Decided February 1, 1971. Interlocutory appeal from an order denying three motions filed on behalf of defendants to suppress evidence seized at the time of defendant’s […]

(539 P.2d 1294) The City of Arvada, a Municipal corporation v. The City and County of Denver, acting by and through its Board of Water Commissioners No. 74-468Colorado Court of Appeals. Decided May 28, 1975. Opinion modified and as modified petition for rehearing denied June 17, 1975. Certiorari granted September 22, 1975. In action relative […]

Carlos FLETCHER, Petitioner v. The PEOPLE of the State of Colorado, Respondent. No. 05SC646.Supreme Court of Colorado. April 23, 2007. As Modified on Denial of Rehearing May 14, 2007.[*] [*] Justice Eid does not participate. Appeal from the District Court, City and County of Denver, Sheila A. Rappaport, J. Page 970 [EDITORS’ NOTE: THIS PAGE […]

Jeffrey L. Shean, individually and as surviving spouse of Katrina Shean, decedent, and as surviving parent of Brandon Shean, decedent, and as parent and guardian of Michael J. Shean, a minor, and Michael J. Shean, a minor, by and through Jeffrey L. Shean; Tyrina A. Dean, individually and as executrix of the Estates of Sherman […]