Category: Colorado Court Opinions

The People of the State of Colorado, Plaintiff-Appellee, v. Darrell Roelker, Defendant-Appellant. No. 87CA0579Colorado Court of Appeals. Decided March 30, 1989. Rehearing Denied April 6, 1989. Certiorari Granted September 5, 1989 (89SC274). Appeal from the District Court of Jefferson County Honorable Gaspar F. Perricone, Judge Page 18 Duane Woodard, Attorney General, Charles B. Howe, Chief […]

National Western Life Insurance Company, a Colorado corporation, successor in interest to Hamilton National Life Insurance Company, an Indiana corporation, Plaintiff, v. Betty Jo Schmeh, formerly known as Betty Jo Napper, Defendant-Appellant, and Gloria Napper, Defendant-Appellee. No. 85CA1596Colorado Court of Appeals. Decided August 20, 1987. Rehearing Denied September 24, 1987. Certiorari Granted Napper February 1, […]

Phillip George, Petitioner, v. The Industrial Commission of the State of Colorado, Department of Labor and Employment, Ince Mining Company, and State Compensation Insurance Fund, Respondents. No. 84CA0568Colorado Court of Appeals. Decided January 30, 1986. Rehearing Denied March 20, 1986. Certiorari Granted George June 2, 1986 (86SC112). Certiorari Dismissed as Improvidently Granted March 12, 1987. […]

120 P.2d 814 McPHEE v. THE PEOPLE. No. 14,945.Supreme Court of Colorado. Decided December 1, 1941. Rehearing denied December 22, 1941. Plaintiff in error was convicted of the crime of larceny. Cause Remanded With Directions. 1. CRIMINAL LAW — Witnesses — Defendant. Where the defendant in a criminal case does not testify at the trial, […]

(526 P.2d 153) Edna Jones v. Durward Adkins and National Plumbing Company No. 73-161Colorado Court of Appeals. Decided July 2, 1974. Rehearing denied July 23, 1974. Certiorari denied September 23, 1974. As a result of accident involving truck, plaintiff secured negligence action judgment against installment purchasers of that truck, and in exchange for a covenant […]

Russ E. Verrier, Plaintiff-Appellant, v. Colorado Department of Corrections; John W. Suthers, Executive Director; Mary West, Deputy Director; Jerry Gasko, Deputy Director; and Edd C. Gillespie, Grievance Officer, Defendants-Appellees. Nos. 01CA1803 01CA2306.Colorado Court of Appeals. Division IV. July 31, 2003. El Paso County District Court No. 01CV791; Honorable Richard V. Hall, Judge. JUDGMENT AFFIRMED. Page […]

(615 P.2d 37) J. Dudley Abbott, Jr. and Sandstone 70 Corporation, a Colorado corporation v. Duane L. Lucas, Frank B. Day, Mrs. Frank B. Day, and International Investments, Ltd., a Colorado corporation No. 78-513Colorado Court of Appeals. Decided September 14, 1978. Opinion modified and as modified petition for rehearing denied November 16, 1978. Certiorari granted […]

The Brickman Group, Ltd., a Delaware corporation, Plaintiff-Appellant, v. Compass Bank, Defendant-Appellee. No. 02CA1645.Colorado Court of Appeals. July 31, 2003. Certiorari Granted February 2, 2004 City and County of Denver District Court Nos. 00CV5692 00CV7798; Honorable Robert L. McGahey, Jr., Judge. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS. Page 1168 Baker Hostetler, LLP, Laurin D. […]

Fred Moreno, Surety-Petitioner in 87SC407, and Concerning Irma Maestas, Defendant in 87SC407, v. The People of the State of Colorado, Respondent in 87SC407, and The People of the State of Colorado, Petitioner in 87SC412, v. Leslie Jean Stonehart, Defendant in 87SC412, and Concerning Dianne Wimberly, Surety-Respondent in 87SC412. No. 87SC407 No. 87SC412Supreme Court of Colorado. […]

(398 P.2d 965) THEODORE ROOSEVELT AGENCY, INC., v. GENERAL MOTORS ACCEPTANCE CORPORATION. No. 20884.Supreme Court of Colorado. Decided January 4, 1965. Rehearing denied February 23, 1965. Action by assignee of various retail automobile installment sales contracts against purchaser of those contracts pertaining to applicability of money lending statute. From a summary judgment in favor of […]

(510 P.2d 315) The People of the State of Colorado v. Edward George Smith No. C-244Supreme Court of Colorado. Decided April 9, 1973. Defendant was convicted in the county court of “driving under the influence,” 1969 Perm. Supp., C.R.S. 1963, 13-5-30(1)(a). On appeal district court reversed defendant’s conviction on ground that county court erred in […]

The People of the State of Colorado, Plaintiff-Appellee, v. Theodore K. Coolidge, Defendant-Appellant. No. 96CA1108Colorado Court of Appeals. September 25, 1997 Petition for Writ of Certiorari DENIED. EN BANC April 13, 1998. Appeal from the District Court of Jefferson County, Honorable Henry E. Nieto, Judge, No. 95CR2246 JUDGMENT AND SENTENCE AFFIRMED Page 950 Gale A. […]

(252 P.2d 1070) INDUSTRIAL COMMISSION ET AL. v. DUNCAN. No. 16,932.Supreme Court of Colorado. Decided January 19, 1953. Rehearing denied February 9, 1953. A proceeding under the Workmen’s Compensation Act. Judgment for claimant. PER CURIAM. Judgment affirmed en banc without written opinion. Mr. DUKE W. DUNBAR, Attorney General, Mr. H. LAWRENCE HINKLEY, Deputy, Mr. PETER […]

(250 P.2d 130) LESSER v. LESSER. No. 16,894.Supreme Court of Colorado. Decided October 6, 1952. Rehearing denied November 17, 1952. An action for rescission of a deed. Judgment for plaintiff. Reversed. 1. DEEDS — Rescission. “The basic principle of law applicable to cases of rescission of deeds in this jurisdiction is that, before rescission can […]

(596 P.2d 755) Katharine Steinberger vs. The District Court, In and For the Tenth Judicial District, State of Colorado, and the Honorable Matt J. Kikel, Judge, In and For the Tenth Judicial District, State of Colorado No. 28380Supreme Court of Colorado. Decided June 11, 1979. Rehearing denied July 16, 1979. Original proceeding in the nature […]

The CITY AND COUNTY OF DENVER, Colorado d/b/a The Denver International Airport, a Colorado political subdivision, Petitioner v. Terri CRANDALL and Joann Hubbard, individually, and on behalf of all others similarly situated, Respondents. No. 06SC424.Supreme Court of Colorado. June 25, 2007. Appeal from the District Court, Denver County, John N. McMullen, J. Page 628 Hall […]

Petitioner: Industrial Claim Appeals Office, v. Respondents: Linda Zarlingo and Michael E. Janssen, D.O. No. 01SC710Supreme Court of Colorado. October 28, 2002 Rehearing Denied November 25, 2002. Certiorari to the Colorado Court of Appeals, Court of Appeals Case No. 00CA2252 JUDGMENT REVERSED AND CASE REMANDED No. 01SC710, Industrial Claim Appeals Office v. Linda Zarlingo andMichael […]

The PEOPLE of the State of Colorado, Complainant, v. Wiley T. LINVILLE, Respondent. No. 04PDJ089.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. April 27, 2005. Attorney Regulation. Upon conclusion of a sanctions hearing, the Presiding Disciplinary Judge disbarred Respondent Wiley T. Linville (Registration No. 19373) from the practice of law, effective […]

(611 P.2d 965) The People of the State of Colorado v. Michael Corbett No. 28315Supreme Court of Colorado. Decided May 12, 1980. Rehearing denied June 2, 1980. Defendant appeals from a judgment of conviction for first-degree murder for the stabbing death of named victim. Affirmed 1. HOMICIDE — Conversation — Witness — Identified — Robberies […]

Phillip PETERSON, Petitioner, v. The PEOPLE of the State of Colorado, Respondent. No. 04SC18.Supreme Court of Colorado. En Banc. May 2, 2005. Appeal from the District Court, Adams County. Page 707 Charles L. Fife, Christopher B. Charles, Charles L. Fife Associates, P.C., Denver, for Petitioner. Don Quick, District Attorney, Seventeenth Judicial District, Jay Williford, Deputy […]

Betty Salazar, Plaintiff-Appellee and Cross-Appellant, v. American Sterilizer Company, Defendant-Appellant and Cross-Appellee. No. 98CA1630Colorado Court of Appeals. March 16, 2000 Appeal from the District Court of Montrose County, Honorable J. Steven Patrick, Judge, No. 95CV27 JUDGMENTS AFFIRMED Page 358 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

The People of the State of Colorado v. Robert Sasson No. 79CA0665Colorado Court of Appeals. Decided December 11, 1980. Rehearing denied February 5, 1981. Certiorari denied May 11, 1981. Appeal from the District Court of Boulder County, Honorable Rex H. Scott, Judge. Page 121 J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy Attorney General, […]

(421 P.2d 474) Woodrow Price Williams v. Wayne K. Patterson, Warden of the Colorado State Penitentiary. No. 22158.Supreme Court of Colorado. Decided December 19, 1966. From a judgment of the trial court which ordered writ of habeas corpus discharged and returned plaintiff in error to the penitentiary, he brings error. Affirmed 1. PARDON AND PAROLE […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Bo Richard WARNER, Defendant-Appellant. No. 06CA2252.Colorado Court of Appeals. August 19, 2010. Appeal from the District Court, Jefferson County, Lilly W. Oeffler, J. Page 557 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]

In re the MARRIAGE OF Janet L. DAUWE, n/k/a Janet Lee Sellers, Appellee, Daniel W. Dauwe, Appellant. No. 03CA1756.Colorado Court of Appeals. Division A. July 15, 2004. Appeal from the District Court, El Paso County, Gilbert A. Martinez, J. Kane, Donley Johnson, P.C., Yolanda M. Fennick, Colorado Springs, Colorado, for Appellee. Daniel W. Dauwe, Pro […]

Joan Stokes, Plaintiff-Appellee, v. International Media Systems, Inc., a Colorado corporation, Defendant-Appellant. No. 83CA0686Colorado Court of Appeals. Decided May 17, 1984. Rehearing Denied June 14, 1984. Appeal from the District Court of El Paso County Honorable John F. Gallagher, Judge Page 1369 Joe Orell, for plaintiff-appellee. W. Bruce Kopper, for defendant-appellant. Division IV. Opinion by […]

S.L., Individually, and S.L. as mother and next friend of S.T.L., a Child, Petitioner, v. The District Court in and for the Tenth Judicial District, State of Colorado and Honorable Patti F. O’Rourke, one of the Judges thereof, Respondents. No. 83SA367Supreme Court of Colorado. Decided January 16, 1984. Rehearings Denied February 27, 1984. Original Proceeding […]

William E. Bunnett, Plaintiff-Appellant, v. Donald L. Smallwood, Defendant-Appellee, and Bunnett/Smallwood Co., Inc., Plaintiff-Appellant, v. Donald Smallwood, Defendant-Appellee. No. 86CA1302 No. 87CA0469Colorado Court of Appeals. Decided August 18, 1988. Rehearing Denied October 6, 1988. Certiorari Granted Bunnett February 6, 1989 (88SC543). Appeal from the District Court of Jefferson County Honorable Winston J. Wolvington, Judge Page […]

50 P.2d 791 HULL v. DENVER TRAMWAY CORPORATION ET AL. No. 13,816.Supreme Court of Colorado. Decided October 21, 1935. Proceeding under the Workmen’s Compensation Act. On motion to dismiss writ of error. Motion Granted. 1. WORKMEN’S COMPENSATION — Appellate Practice — Writ of Error. In workmen’s compensation cases, under pertinent existing statutes, an aggrieved party […]

(588 P.2d 892) Burnie Summey v. George M. Lacy No. 78-675Colorado Court of Appeals. Decided December 14, 1978. In personal injury action against physician who had treated plaintiff after his fingers had been severed by log-splitting machine, trial court granted summary judgment to defendant on basis of release executed in favor of manufacturer of the […]

Joseph L. Fox and Theo Ertl, Trustees of the Tell Ertl Family Trust; Theo Ertl, Trustee of the Buff Ertl White, Jill Ertl Esbensen, Jann Ertl, Twig Ertl, and Rett Ertl Trust; and Shell Western E P, Inc., a subsidiary of Shell Oil Company, Applicants-Appellees, v. The Division Engineer for Water Division 5; The State […]

(572 P.2d 463) Lowell Dan Keener v. The People of the State of Colorado No. C-1104Supreme Court of Colorado. Decided November 15, 1977. Rehearing denied January 3, 1978. Father was convicted of nonsupport. The court of appeals, 38 Colo. App. 198, 559 P.2d 243, affirmed and certiorari was granted. Affirmed 1. WITNESSES — Father — […]

108 P.2d 883 THE WARNER CONSTRUCTION COMPANY ET AL. v. WATKINS ET AL. No. 14,883.Supreme Court of Colorado. Decided December 23, 1940. A proceeding under the Workmen’s Compensation Act. Judgment for claimant. Affirmed. 1. WORKMEN’S COMPENSATION — Accident — Employment. Prerequisites of an award under the Workmen’s Compensation Act are that the accident resulting in […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Nancy Aloha ALENGI, Defendant-Appellant. No. 02CA0830.Colorado Court of Appeals. Div. V. March 25, 2004. Rehearing Denied July 1, 2004.[*] Certiorari Granted June 27, 2005. [*] Casebolt, J., would GRANT. Appeal from the District Court of Jefferson County, No. 00CR992, Stephen M. Munsinger and James D. Zimmerman, […]

(471 P.2d 618) Joseph E. Brncic, and The City and County of Denver, State of Colorado, a municipal corporation v. Virginia M. Metz No. 70-090 (Supreme Court No. 22787)Colorado Court of Appeals. Decided April 28, 1970. Personal injury action. Defendant appealed trial court’s granting of motion for new trial on issue of damages alone subsequent […]

The People of the State of Colorado, Plaintiff-Appellant, v. Jack Brisbin, Defendant-Appellee. No. 85SA133Supreme Court of Colorado. Decided November 3, 1986. Appeal from District Court, Larimer County Honorable John A. Price, Judge. Stuart A. VanMeveren, District Attorney, Loren A. Schall, Assistant District Attorney, for Plaintiff-Appellant. Defendant-Appellee Not Appearing. EN BANC JUSTICE ERICKSON delivered the Opinion […]

The People of the State of Colorado, Complainant, v. Evan S. Powell, Respondent. No. 01PDJ049.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. December 10, 2001. Page 546 REPORT, DECISION AND IMPOSITION OF SANCTION [1] SANCTION IMPOSED: ONE YEAR AND ONE DAY SUSPENSION [2] A sanctions hearing pursuant to C.R.C.P. 251.15 was […]

(561 P.2d 367) The Rosebud Corporation, a Colorado corporation, and Joe Micciche v. Natale Boggio, Louis J. Boggio, Margaret M. Miller, d/b/a M.M.M., Inc., a de facto corporation No. 75-675Colorado Court of Appeals. Decided March 3, 1977. Action by creditor of insolvent corporation against it and its directors. From dismissal of all claims, plaintiff appealed. […]

(357 P.2d 636) FREDERICK W. SEGELKE, ET AL. v. FRANK B. ATKINS, ET AL. No. 19,080.Supreme Court of Colorado. Decided December 5, 1960. Action to quiet title. Judgment for plaintiffs. Affirmed. 1. ADVERSE POSSESSION — Evidence — Requisites. It is fundamental that to prove adverse possession of real property it must be shown that the […]

Board of County Commissioners, Fremont County, Colorado, Plaintiff-Appellant and Cross-Appellee, v. Colorado Counties Casualty and Property Pool, Defendant-Appellee and Cross-Appellant. No. 93CA1124Colorado Court of Appeals. Decided December 15, 1994 Appeal from the District Court of Fremont County Honorable Kenneth M. Plotz, Judge No. 91CV0035. JUDGMENT AFFIRMED. Page 353 Meconi Jackson, Brenda L. Jackson, Canon City, […]

(501 P.2d 1328) Joseph Dyre Morse v. The People of the State of Colorado No. 24629Supreme Court of Colorado. Decided October 24, 1972. Rehearing denied November 6, 1972. Defendant was convicted of first-degree murder. From denial of post-conviction relief the defendant brought error. Affirmed 1. CRIMINAL PROCEDURE — Post-Conviction Hearing — Issues — Miranda — […]

Terrence T. HODGES, Petitioner v. The PEOPLE of the State of Colorado, Respondent. No. 05SC682.Supreme Court of Colorado. May 21, 2007. Page 923 Jonathan D. Reppucci, LLC, Jonathan D. Reppucci, Denver, Colorado, Attorneys for Petitioner. John W. Suthers, Attorney General, Cheryl Hone Canaday, Assistant Attorney General, Appellate Division, Criminal Justice Section, Denver, Colorado, Attorneys for […]

(254 P.2d 860) HAYS ET AL. v. CITY AND COUNTY OF DENVER ET AL. No. 16,855.Supreme Court of Colorado. Decided March 2, 1953. An action for judgment declaring that the Manager of Revenue had “no right to force entrance into the home of plaintiffs against their will.” Judgment of dismissal. Affirmed. 1. TAXES AND TAXATION […]

The People of the State of Colorado, Plaintiff-Appellee, v. Tomasita Baca, Defendant-Appellant. No. 82SA167Supreme Court of Colorado. Decided September 6, 1983. Rehearing Denied September 26, 1983. Page 1371 Appeal from the District Court in and for the City and County of Denver, Honorable Edward E. Carelli, Judge. Duane Woodard, Attorney General, Charles B. Howe, Deputy […]

(582 P.2d 697) Harold C. Jacobs v. The Prudential Insurance Company of America, a New Jersey Corporation No. 77-419Colorado Court of Appeals. Decided May 4, 1978. Opinion modified and as modified petition for rehearing denied June 1, 1978. In new trial of action on insurance policy after appellate remand and after intervening Supreme Court rulings […]

(388 P.2d 248) HAROLD MARTINEZ v. HARRY TINSLEY, WARDEN OF THE COLORADO STATE PENITENTIARY. No. 20,816.Supreme Court of Colorado. Decided January 13, 1964. From dismissal of his petition for a writ of habeas corpus, the petitioner brings error. Affirmed. 1. HABEAS CORPUS — Record — Review — Evidence. Record on error reviewed and held to […]

Board of County Commissioners of the County of Jefferson, State of Colorado, Petitioner-Appellee, v. Fay Auslaender and Bennett A. Auslaender, Respondents-Appellants. No. 84CA0572Colorado Court of Appeals. Decided August 15, 1985. Rehearing Denied September 12, 1985. Certiorari Granted December 16, 1985 (85SC394). Appeal from the District Court of Jefferson County Honorable Ruthanne N. Polidori, Judge Page […]

Joseph D. Thomas, Petitioner, v. The People of the State of Colorado, Respondent. No. 89SC668Supreme Court of Colorado. Decided November 12, 1991. Rehearing Denied December 9, 1991. Page 657 Certiorari to the Colorado Court of Appeals. David F. Vela, Colorado State Public Defender, Barbara S. Blackman, Chief Appellate Deputy State Public Defender, Douglas D. Barnes, […]

Penny Wilson and Virginia Wilson, Plaintiffs-Appellants, v. Robert Kirkbride and Kathleen Kirkbride, Defendants, and State Farm Fire Casualty Company, Intervenor-Appellee. No. 94CA0296Colorado Court of Appeals. Decided May 4, 1995. Petition for Rehearing DENIED June 29, 1995. Petition for Writ of Certiorari DENIED January 8, 1996 Page 324 Appeal from the District Court of El Paso […]

The People of the State of Colorado, Plaintiff-Appellee, v. Gilbert Paul Sandoval, Defendant-Appellant. No. 88CA0891 No. 88CA0892Colorado Court of Appeals. Decided July 5, 1990. Rehearing Denied August 2, 1990. Certiorari Denied February 25, 1991 (90SC492). Appeal from the District Court of Arapahoe County Honorable John Leopold, Judge. Page 1127 Duane Woodard, Attorney General, Charles B. […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Evin SHAWN, Defendant-Appellant. No. 02CA2394.Colorado Court of Appeals. Division II. September 9, 2004. Certiorari Denied January 31, 2005. Appeal from the District Court, Arapahoe County, John P. Leopold, J. Page 1034 Ken Salazar, Attorney General, Catherine P. Adkisson, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee. David […]

(330 P.2d 535) VIRGINIA K. BEHR v. P. J. McCOY AS McCOY AND JENSEN, ETC. No. 18,239.Supreme Court of Colorado. Decided October 14, 1958. Action for damages resulting from automobile collision. Judgment for defendant and plaintiff brings error. Reversed. 1. AUTOMOBILES Trial Evidence — Instructions. In an action for damages resulting from an automobile collision, […]

CB RICHARD ELLIS, INC., a Delaware corporation, Petitioner-Appellant, v. CLGP, LLC, Respondent-Appellee, and Robert Hatch, Esq., and Gesco Corporation, GarnisheesAppellees. No. 09CA1368.Colorado Court of Appeals. July 22, 2010. Rehearing Denied September 30, 2010. Appeal from the District Court, Morris B. Hoffman, J. Page 524 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

The People of the State of Colorado v. Gregory Allen No. 79CA0595Colorado Court of Appeals. Decided February 5, 1981. Rehearing denied March 19, 1981. Appeal from the District Court of Jefferson County, Honorable Michael C. Villano, Judge. J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy Attorney General, Mary J. Mullarkey, Special Assistant Attorney General, […]

The People of the State of Colorado, Plaintiff-Appellee, v. Kay Hollis, Defendant-Appellant. No. 81CA0882Colorado Court of Appeals. Decided June 30, 1983. Rehearing Denied July 28, 1983. Certiorari Denied September 26, 1983. Appeal from the District Court of the City and County of Denver Honorable Edward Carelli, Judge J.D. MacFarlane, Attorney General, Charles B. Howe, Deputy […]

William Melton and Bradley Melton, minors, by and through their parent and next friend, Bryan Melton, and Bryan Melton and Nancy Melton, Plaintiffs-Appellants, v. Donald Larrabee, Jr., Defendant-Appellee. No. 91CA0047Colorado Court of Appeals. Decided April 9, 1992. Rehearing Denied May 28, 1992. Appeal from the District Court of Weld County Honorable Jonathan W. Hays, Judge. […]

(450 P.2d 320) Consolidated Finance Corporation v. M. E. Thorp, Emma B. Thorp, and Marcus Gallegos. No. 23285.Supreme Court of Colorado. Decided February 17, 1969. Action by creditor of purchasers of real estate seeking to reach purchasers’ equity therein by writ of attachment, also claiming certain proceeds tendered into court by fire insurer. From an […]

(579 P.2d 1131) The People of the State of Colorado v. George S. Hizhniak No. C-1378Supreme Court of Colorado. Decided May 30, 1978. Rehearing denied July 3, 1978. Motorist was convicted in the municipal court of speeding 35 miles in a 25 mile per hour zone while traveling on a city street in violation of […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Alexander L. STANLEY, a/k/a Alexander Stanley, Defendant-Appellant. No. 05CA1185.Colorado Court of Appeals. July 26, 2007. As Modified on Denial of Rehearing September 6, 2007. Appeal from the District Court, Arapahoe County, District Court, John P. Leopold, J. Page 259 John W. Suthers, Attorney General, Majid Yazdi, […]

Branko Bogdanov, Petitioner v. The People of the State of Colorado, Respondent No. 96SC34Supreme Court of Colorado. November 7, 1997 Certiorari to the Colorado Court of Appeals, No. 92CA1623; Larimer County District Court, No. 90CR345. PER CURIAM. [1] Upon consideration of the Joint Notice of Errata filed herein, and now being sufficiently advised in the […]

United Bank of Denver, a National Banking Association v. Harold G. Reed and Jean K. Reed No. 79CA0952Colorado Court of Appeals. Decided August 13, 1981. Rehearing denied September 3, 1981. Appeal from the District Court of the City and County of Denver, Honorable Clifton A. Flowers, Judge. Page 923 Albert A. Carmosino, Stephen E. Tinkler, […]

(269 P.2d 707) BLACK GOLD, LTD. v. ROCK WOOL INSULATING COMPANY. No. 17,180.Supreme Court of Colorado. Decided April 12, 1954. An action for an amount alleged to be due plaintiff from defendant for insulating material sold to the latter. Judgment for plaintiff. PER CURIAM. Judgment affirmed en banc without written opinion. Error to the District […]

(363 P.2d 1063) HENRY G. FRANKEL, ET AL. v. CITY AND COUNTY OF DENVER, ET AL. No. 19,333.Supreme Court of Colorado. Decided July 31, 1961. Rehearing denied August 21, 1961. Action challenging validity of municipal zoning ordinance. Affirmed. 1. CONSTITUTIONAL LAW — Zoning Ordinance — Validity — Burden of Proof. The party attacking the constitutionality […]

(592 P.2d 1345) David Calvin Edwards v. State of Colorado, Department of Revenue No. 78-832Colorado Court of Appeals. Decided December 28, 1978. Rehearing denied January 25, 1979. Certiorari denied April 16, 1979. On appeal of Department of Revenue’s denial of a probationary license to suspended driver, the district court held that regulation concerning the criteria […]

In re the Marriage of: DuWAYNE P. HEUPEL, Petitioner, and STARR M. HEUPEL, Respondent. No. 95SC754Supreme Court of Colorado. April 21, 1997 Certiorari to the Colorado Court of Appeals JUDGMENT AFFIRMED AND CASE REMANDED Page 562 Otto, Miller Davidson, John G. Otto, Colorado Springs, Colorado, Attorneys for Petitioner. Gregory John Hock, P.C., Gregory John Hock, […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. William HOOVER, Defendant-Appellant. No. 04CA1794.Colorado Court of Appeals. November 16, 2006. Certiorari Denied August 27, 2007. Appeal from the District Court, City and County of Denver, Sheila A. Rappaport, J. Page 785 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

(328 P.2d 947) JAMES E. BRITT v. ELEANOR E. BRITT. No. 18,249.Supreme Court of Colorado. Decided June 30, 1958. Rehearing denied September 2, 1958. From orders relating to the division of property in a divorce case, the husband brings error Affirmed. 1. DIVORCE — Division of Property — Discretion of Court. Division of property in […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Ronald TAYLOR, Defendant-Appellant. No. 03CA0406.Colorado Court of Appeals. September 22, 2005. Certiorari Denied April 3, 2006.[*] [*] Justice EID does not participate. Appeal from the Trial court, Denver County, Sheila A. Rappaport, Paul A. Markson, JJ. Page 1159 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

118 P.2d 1081 TRUJILLO ET AL v. CITY OF WALSENBURG. No. 14,794.Supreme Court of Colorado. Decided November 3, 1941. Plaintiffs in error were found guilty of violating an ordinance prohibiting parades on the streets of a city without securing a permit therefor from the chief of police. Reversed. On Application for Supersedeas. 1. MUNICIPAL CORPORATIONS […]

The Fire House Car Wash, Inc., a Colorado corporation; William Kuntzler, its President; Rak Investments, Inc., a Colorado corporation; and Richard A. Kates, its President, Plaintiffs-Appellants and Cross-Appellees, v. Board of Adjustment for Zoning Appeals, City and County of Denver; Virginia A. Martinez, Kevin Malloy, Susan Sanders, Sharron Frank Klein, and Ike Kelley, solely in […]

(351 P.2d 803) VICTOR E. AMBROSIO, ET AL. v. THE PERL-MACK CONSTRUCTION CO., INC., ET AL. No. 18,897.Supreme Court of Colorado. Decided May 9, 1960. Action for injunction and damages resulting from construction of storm sewer. Judgment for defendants. Affirmed. 1. WATER RIGHTS — Drainage — Surface Water — Dominent Estate — Easement. The owner […]

People of the State of Colorado v. George C. Price No. 02PDJ003.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. November 22, 2002. Attorney reinstated. OPINION AND ORDER READMITTING GEORGE C. PRICE TO THE PRACTICE OF LAW Opinion issued by Presiding Disciplinary Judge Roger L. Keithley and Hearing Board Members Marilyn L. […]

Cynthia Pickell, Plaintiff-Appellee and Cross-Appellant, v. Arizona Components Company, Defendant-Appellant and Cross-Appellee. No. 93CA1771.Colorado Court of Appeals. Decided December 1, 1994. Petition for Rehearing DENIED. January 19, 1995. Petition for Writ of Certiorari GRANTED September 5, 1995. Appeal from the District Court of Jefferson County Honorable Ruthanne N. Polidori, Judge No. 92CV2879. ORDER AFFIRMED, JUDGMENT […]

Vail Associates, Inc., Plaintiff-Appellant, v. The Board of Assessment Appeals of the State of Colorado, Henry F. Shriver, and F. William Beier; The Board of County Commissioners of the County of Eagle; The Eagle County Board of Equalization, Dave Mott, Dan Williams and Keith Troxel; and Ella Bindley, County Assessor of the County of Eagle, […]

In re the Marriage of Michael Pritchett, Appellee, and Michelle K. Bollinger, f/k/a Michelle Pritchett, Appellant. No. 02CA1054.Colorado Court of Appeals. October 9, 2003. Jefferson County District Court No. 95DR2739; Honorable Leland P. Anderson, Judge. ORDER VACATED. Page 919 Oxman Oxman, P.C., Stephen E. Oxman, Denver, Colorado, Gary L. Crandell, P.C., Gary L. Crandell, Denver, […]

The People of the State of Colorado, Complainant, v. Harry L. Simon, Attorney-Respondent. No. 83SA449Supreme Court of Colorado. Decided April 2, 1985. Original Proceedings in Discipline Linda Donnelly, Disciplinary Prosecutor, for Complainant. Stanley H. Marks, for Attorney-Respondent. EN BANC JUSTICE NEIGHBORS delivered the opinion of the Court. [1] Harry L. Simon, you appear before this […]

City and County of Denver, acting by and through its Board of Water Commissioners, Petitioner, v. Board of County Commissioners of Grand County, the Northwest Colorado Council of Governments, and Board of County Commissioners of the County of Eagle, Respondents. No. 88SC358Supreme Court of Colorado. Decided November 13, 1989. Certiorari to the Colorado Court of […]

People of the State of Colorado, Plaintiff-Appellant, v. Mark A. Naranjo, Louis I. Silva, and Phillip R. Chavarria, Defendants-Appellees. No. 84SA27Supreme Court of Colorado. Decided September 10, 1984. Interlocutory Appeal from District Court, City and County of Denver Honorable James C. Flanigan, Judge Page 1344 Norman S. Early, Jr., District Attorney, O. Otto Moore, Assistant […]

(353 P.2d 375) CHARLEY BAUMGARTNER, ET AL. v. CLARA M. SCHEY. No. 18,708.Supreme Court of Colorado. Decided June 20, 1960. Rehearing denied July 11, 1960. Declaratory judgment action to determine status of farm lease. Judgment for plaintiff. Reversed. 1. PRACTICE AND PROCEDURE — Declaratory Judgment — Jury Trial — When Proper. The historical test to […]

67 P.2d 498 SMITH v. THE PEOPLE. No. 13,996.Supreme Court of Colorado. Decided April 19, 1937. Plaintiff in error was convicted of the crime of arson. Reversed. 1. CRIMINAL LAW — Evidence. In criminal trials it is vitally important that nothing be introduced in evidence, not relevant to the crime charged, and which would naturally […]

Southeastern Colorado Water Conservancy District; Catlin Canal Company; High Line Canal Company; Arkansas Valley Ditch Association; District 67 Irrigation Canal Association; and Amity Mutual Irrigation Co., Objectors and Appellants, Cross-Appellees, v. Fort Lyon Canal Company, Applicant, Appellee, and Cross-Appellant, v. State of Colorado, Department of Natural Resources, Division of Wildlife; Twin Lakes Reservoir Canal Co.; […]

The People of the State of Colorado, Plaintiff-Appellant, v. Dallas William Pancoast, Jr., Defendant-Appellee. No. 82SA46Supreme Court of Colorado. Decided May 3, 1982. Interlocutory Appeal from the District Court of the County of Pueblo, Honorable Jack F. Seavy, Judge. Page 315 G. F. Sandstrom, Jr., District Attorney, Patrick J. Delaney, Deputy, for plaintiff-appellant. J. E. […]

(506 P.2d 364) The People of the State of Colorado v. Terry Lee Ingersoll No. 25237Supreme Court of Colorado. Decided February 13, 1973. Defendant was convicted of felony theft. From denial of his motion in arrest of judgment, defendant appealed. Affirmed 1. INDICTMENT AND INFORMATION — Felony Theft — Language of Statute — Failure to […]

(484 P.2d 792) Mary Jane Martinez v. The People of the State of Colorado. No. C-33.Supreme Court of Colorado. Decided April 26, 1971. Defendant was convicted in the municipal court of a violation of a municipal ordinance, careless driving, and was also subsequently convicted in the county court of a violation of a state statute, […]

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Petitioner v. CHRISTINA E. KASTNER, Respondent No. 02SC258Supreme Court of Colorado. En Banc. October 14, 2003 Rehearing Denied October 14, 2003. Certiorari to the Colorado Court of Appeals, Court of Appeals Case No. 01CA0403. JUDGMENT REVERSED. No. 02SC258: State Farm v. Kastner — No Fault Automobile Insurance — Uninsured/Underinsured […]

68 P.2d 446 RIO GRANDE MOTOR WAY, INC. ET AL. v. De MERSCHMAN ET AL. No. 14,122.Supreme Court of Colorado. Decided April 26, 1937. Rehearing denied May 24, 1937. Proceeding under the Workmen’s Compensation Act. Judgment for claimant. Affirmed. 1. WORKMEN’S COMPENSATION — Degree of Disability — Commission Discretion. Whether degree of disability be determined […]

25 P.2d 175 DOUGHERTY v. WHITE EAGLE OIL CORPORATION. No. 13,351.Supreme Court of Colorado. Decided August 15, 1933. Rehearing denied September 25, 1933. Action on promissory note. Judgment for plaintiff. Affirmed. On Application for Supersedeas. 1. BILLS AND NOTES — Defense — Waiver. One who gives a note for the payment of a debt after […]

David A. Zuech, Petitioner, v. The Industrial Commission of the State of Colorado, (Ex-Officio Unemployment Compensation Commission of Colorado), and Division of Employment and Training, Respondents. No. 83CA0706Colorado Court of Appeals. Decided December 8, 1983. Review of Order from the Industrial Commission of the State of Colorado Sisto J. Mazza, for petitioner. Duane Woodard, Attorney […]

Perry Harris, President of the Colorado Motor Vehicle Dealer Licensing Board, Petitioner, v. District Court, Second Judicial District and the Honorable Roger Cisneros, Judge, Respondents. No. 82SA375Supreme Court of Colorado. Decided December 13, 1982. Original Proceeding J. D. MacFarlane, Attorney General, Charles B. Howe, Deputy Attorney General, Joel W. Cantrick, Solicitor General, Maurice Knaizer, Assistant […]

(431 P.2d 481) Estate of C. W. Blanpied and Eleanor C. Irwin v. William Hedges Robinson, Jr. No. 21754.Supreme Court of Colorado. Decided September 5, 1967. From a judgment ordering that surcharge amount and interest be returned to executor instead of claimant, the claimant brought error. Reversed. 1. EXECUTORS AND ADMINISTRATORS — Surcharge — Interest […]

164 P.2d 733 ELLIS v. THE PEOPLE. No. 15,620Supreme Court of Colorado. Decided December 10, 1945. Plaintiff in error was convicted of murder of the second degree. Reversed. 1. CRIMINAL LAW — Evidence — Appeal and Error. Where questions propounded to a witness for the people by the district attorney in a criminal case are […]

The People of the State of Colorado, Plaintiff-Appellee, v. Floyd David Slusher, Defendant-Appellant. No. 90CA1106Colorado Court of Appeals. Decided July 2, 1992. Rehearing Denied August 13, 1992. Certiorari Denied February 1, 1993 (92SC568). Appeal from the District Court of Jefferson County Honorable Ruthanne N. Polidori, Judge. Page 1223 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

(511 P.2d 475) Kenneth Ware v. The City and County of Denver No. C-283Supreme Court of Colorado. Decided July 2, 1973. Defendant was convicted in the county court for uttering the words “fuck you” in violation of a city ordinance. The Superior Court affirmed and certiorari to that court was brought. Reversed 1. MUNICIPAL CORPORATIONS […]

(363 P.2d 1059) RICHARD J. SCHEER v. DISTRICT COURT, ET AL. No. 19,744.Supreme Court of Colorado. Decided July 17, 1961. Original proceeding to restrain trial court from proceeding in pending action for child support. Rule to show cause issued. Rule Discharged. 1. COURTS — Jurisdiction — Minor Children — Residing in Foreign State. In a […]

(567 P.2d 371) Martin Caldwell and Paul Caldwell v. A. G. Kats, G. D. Kats, Sam Kats, and Fred J. Ramaker, individually and d/b/a K R Livestock Commission Co., Inc., a corporation v. Dick Hein No. C-1057Supreme Court of Colorado. Decided July 18, 1977. Rehearing denied August 22, 1977. Action by buyers of Hereford heifers […]

(599 P.2d 278) Olin E. Goddard and Shirley J. Goddard v. Public Service Company of Colorado, a Colorado corporation No. 79CA0198Colorado Court of Appeals. Decided July 26, 1979. On theory of equitable estoppel, utility customers sought injunctive relief to bar the utility’s claim for payment for gas consumed but, because of improper metering, not billed. […]