Category: Colorado Court Opinions

(307 P.2d 204) OTTO BUSHNER v. BEN BUSHNER. No. 17,948.Supreme Court of Colorado. Decided February 11, 1957. Rehearing denied March 18, 1957. Action to compel reconveyance of an interest in lands. Judgment for defendant. Reversed and Remanded With Directions. 1. REAL PROPERTY — Evidence — Findings. In an action to compel reconveyance of an interest […]

Sidney DEHERRERA, Petitioner, v. The PEOPLE of the State of Colorado, Respondent. No. 04SC446.Supreme Court of Colorado. November 7, 2005. Rehearing Denied November 28, 2005. David S. Kaplan, Colorado State Public Defender, Alan Kratz, Deputy State Public Defender, Denver, for Petitioner. John W. Suthers, Attorney General, John D. Seidel, Assistant Attorney General, Denver, for Respondent. […]

(589 P.2d 1361) The East Bank of Colorado Springs, N.A. v. Dovenmuehle, Inc., a corporation No. C-1187Supreme Court of Colorado. Decided October 30, 1978. Rehearing denied November 27, 1978. Beneficiary sued bank on a letter of credit. From a judgment of the district court against the bank which had issued the letter of credit, the […]

(240 P.2d 917) ST. LUKES HOSPITAL ASSOCIATION ET AL v. LONG ET AL. No. 16,455.Supreme Court of Colorado. Decided January 21, 1952. An action for damages allegedly due to the negligence of defendant hospital association in caring for plaintiffs’ young son who died while a patient in the hospital. Judgment for plaintiffs. Reversed. 1. TRUSTS […]

(580 P.2d 827) Thomas B. Sanchez v. Straight Creek Constructors, State Compensation Insurance Fund, The Industrial Commission of the State of Colorado, and Juereta P. Smith, Director of the Division of Labor No. 77-494Colorado Court of Appeals. Decided April 27, 1978. Opinion modified and as modified petition for rehearing denied May 25, 1978. Certiorari denied […]

Leigh Ann Young v. The State of Colorado, and the Colorado State Patrol, a Division of the Department of Highways No. 80CA0848Colorado Court of Appeals. Decided September 3, 1981. Rehearing denied October 8, 1981. Certiorari granted March 8, 1982. Appeal from the District Court of Boulder County, Honorable Richard W. Dana, Judge. Page 19 Rollie […]

DSCO, Inc., a Colorado corporation, Plaintiff-Appellee, v. Thomas W. Warren, Defendant-Appellant. No. 90CA1432Colorado Court of Appeals. Decided August 29, 1991. Rehearing Denied October 24, 1991. Certiorari Denied April 20, 1992 (91SC717). Appeal from the District Court of Weld County Honorable Johnathan W. Hays, Judge. Page 439 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]

(304 P.2d 626) ALBERT T. CASADAS v. PEOPLE OF THE STATE OF COLORADO. No. 17,848.Supreme Court of Colorado. Decided October 1, 1956. Rehearing denied October 22, 1956. Defendant was convicted of conspiracy to commit a fictitious check and brings error. Reversed. 1. APPEAL AND ERROR — Criminal Law — Patent Error. Although a fatal defect […]

J. H. Page, Jr. v. Fees-Krey, Inc., a Colorado corporation, Monarch Enterprises, Inc., a Colorado corporation, Walter S. Fees, Jr., Max Krey, Robert S. Hawkins, and William Rippy No. 79SC45Supreme Court of Colorado. Decided October 6, 1980. Rehearing denied November 3, 1980. Certiorari to the Colorado Court of Appeals Page 1189 [EDITORS’ NOTE: THIS PAGE […]

William R. Traxler, Plaintiff-Appellee, v. Board of Trustees of the Firemen’s Pension Fund, City of Boulder, Colorado, Defendant-Appellant. No. 84CA0062Colorado Court of Appeals. Decided November 23, 1984. Rehearing Denied December 20, 1984. Certiorari Denied June 24, 1985. Appeal from the District Court of Boulder County Honorable Michael R. Enwall, Judge Page 608 John A. Meininger, […]

Boettcher Company, Inc., and Craig L. Carson, Petitioners, v. Margaret H. Munson, individually and as co-trustee for the William R. Munson Trust; W.A. Munson, as co-trustee and as attorney-in-fact for Marion Gotschall, co-trustee of the William R. Munson Trust, Respondents. No. 92SC15Supreme Court of Colorado. Decided June 7, 1993. Opinion Modified and as Modified Rehearing […]

(483 P.2d 420) Norman Stamp and Norm “Fair-Trade” Stamp, Inc., a corporation v. Lester Rippe and Betty Rippe No. 70-522 (Supreme Court No. 24039)Colorado Court of Appeals. Decided January 26, 1971. Rehearing denied February 23, 1971. Certiorari denied April 19, 1971. Action for damages based on alleged fraud in the sale of certain farm implements. […]

(503 P.2d 1019) The People of the State of Colorado v. James Albert Johnson No. 25049Supreme Court of Colorado. Decided December 4, 1972. Defendant seeks to set aside a jury verdict which found him to be sane. Affirmed 1. CRIMINAL EVIDENCE — Presumption of Sanity. The presumption of sanity retains its vitality until some evidence […]

250 P.2d 1009 ECKHARDT v. THE PEOPLE. No. 16,859.Supreme Court of Colorado. Decided November 24, 1952. Plaintiff in error was found guilty of driving an automobile on the public highways while under the influence of intoxicating liquor. Reversed. 1. CRIMINAL LAW — Witnesses — Written Memoranda — Appeal and Error. It is a general rule, […]

(491 P.2d 569) Patton E. Cowdin v. The People of the State of Colorado. No. 24214.Supreme Court of Colorado. Decided December 13, 1971. Defendant was convicted of possession of a narcotic drug, namely, cannabis, and brought error. Reversed. 1. SEARCHES AND SEIZURES — Automobile — Warrantless Search — Reasonable or Probable Cause — Instrumentality — […]

The People of the State of Colorado, Plaintiff-Appellee, v. Larry Dirgo, Defendant-Appellant. No. 87CA0476Colorado Court of Appeals. Decided March 2, 1989. Rehearing Denied March 30, 1989. Appeal from the District Court of Arapahoe County Honorable John P. Gately, Judge. Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, Solicitor General, […]

87 P.2d 494 INDUSTRIAL COMMISSION ET AL. v. DiNARDI ET AL. No. 14,501.Supreme Court of Colorado. Decided February 14, 1939. A proceeding under the Workmen’s Compensation Act. Judgment for claimants. Affirmed. 1. WORKMEN’S COMPENSATION — Dependency. The resolution of the question of dependency in a workmen’s compensation case must turn upon the controlling factor of […]

103 P.2d 475 PEOPLE EX REL. HARPER v. INGLES, CITY CLERK OF TRINIDAD. No. 14,637.Supreme Court of Colorado. Decided May 20, 1940. Suit in mandamus to compel a city official to certify the returns of an election precinct as to the vote cast for treasurer. Judgment of dismissal. Affirmed. 1. PLEADING — Answer — Reply […]

(431 P.2d 11) Adolph Hecker v. Nellie A. Vail. No. 21616.Supreme Court of Colorado. Decided August 28, 1967. Proceeding on motion to vacate judgment entered pursuant to provisions of cognovit promissory notes. From denial of his motion to vacate judgment, defendant brought error. Affirmed. 1. JUDGMENT — Cognovit Note — Motion to Vacate — Answer […]

(579 P.2d 1133) The People of the State of Colorado v. Charles E. Blair No. 27758Supreme Court of Colorado. Decided June 5, 1978. Rehearing denied June 26, 1978. Defendant was convicted of 17 counts of securities fraud and appealed. Affirmed 1. SECURITIES REGULATION — “Willfully” — Statute — “Knowingly” — “Awareness.” The effect of the […]

(413 P.2d 456) Ray H. Carlsen, Plaintiff, v. Darrell Perkins, Defendant. No. 21801Supreme Court of Colorado. Decided April 25, 1966. Rehearing denied May 9, 1966. Action to recover damages for a false and fraudulent representation allegedly made by defendant with reference to the installation of a furnace. Judgment for defendant. Affirmed. 1. FRAUD — Evidence […]

(489 P.2d 210) Tommy Arnold Lanford and Benny Claude Valdez v. The People of the State of Colorado. No. 23641.Supreme Court of Colorado. Decided October 4, 1971. Defendants were convicted of aggravated robbery, assault with a deadly weapon and conspiracy to commit those offenses and brought error. Affirmed. 1. ARREST — Restaurant and Bar — […]

Patricia A. Samples-Ehrlich, Plaintiff-Appellee, v. Michael Simon, Defendant-Appellant. No. 93CA0819Colorado Court of Appeals. Decided May 5, 1994 Appeal from the District Court of Morgan County Honorable Joseph J. Weatherby, Judge No. 92CV106 JUDGMENT REVERSED AND CAUSE REMANDED WITH DIRECTIONS Page 109 Epperson, McClary, Zorn McClary, Edward L. Zorn, Fort Morgan, Colorado, for Plaintiff-Appellee W. Edward […]

(367 P.2d 594) MAXINE L. HUTCHINSON v. JACK L. HUTCHINSON. No. 19,799.Supreme Court of Colorado. Decided December 26, 1961. Rehearing denied January 15, 1962. Proceeding to compel support of minor children. Judgment for defendant. Reversed. 1. DIVORCE — Minor Children — Support — Complaint — Title — Sufficiency. Under the Rules of Civil Procedure the […]

58 P.2d 484 BAIR, TRUSTEE ET AL. v. ANDERSON ET AL. No. 13,791.Supreme Court of Colorado. Decided May 4, 1936. Suit over mining claims. Judgment for defendants. Affirmed. 1. APPEAL AND ERROR — Mines and Mining — Inconsistent Positions. In a suit over mining claims, plaintiff having made locations on what he claimed to be […]

Vern Colard and Mary Colard, Plaintiffs-Appellants and Cross-Appellees, v. American Family Mutual Insurance Company, Defendant-Appellee, and Cross-Appellant. No. 83CA0982Colorado Court of Appeals. Decided May 2, 1985. Rehearing Denied June 20, 1985. Certiorari Denied November 12, 1985. Appeal from the District Court of Larimer County Honorable Arnaud Newton, Judge Page 12 Hill Hill, P.C., Alden T. […]

62 P.2d 1168 RAY v. THE PEOPLE. No. 14,051.Supreme Court of Colorado. Decided November 23, 1936. Plaintiff in error was convicted of selling intoxicating liquors without a license. Affirmed. On Application for Supersedeas. 1. APPEAL AND ERROR — Assignments of Error. Assignments of error that the trial court refused to grant a new trial, that […]

The People of the State of Colorado v. Jamie Lee Gillett, Regina Maye Denolf, and Kenneth Phillip Ross No. 80SC146Supreme Court of Colorado. Decided June 8, 1981. Certiorari to the District Court of the County of Arapahoe, Honorable Richard L. Eason, Judge. Page 614 Robert R. Gallagher, Jr., District Attorney, James C. Sell, Chief Deputy, […]

(497 P.2d 1263) John Albert Maddox and Joseph William Wilkes v. The People of the State of Colorado No. 24044Supreme Court of Colorado. Decided June 5, 1972. Defendants were tried in district court: One defendant was convicted of rape and assault with intent to commit rape and codefendant was found guilty of accessory during the […]

(521 P.2d 783) The People of the State of Colorado v. Richard Allan Burke No. C-384Supreme Court of Colorado. Decided April 22, 1974. Upon a plea of guilty to charge of driving under suspension, county judge imposed five-day jail sentence, suspended the sentence, and placed defendant on probation for six months. In imposing sentence, county […]

(337 P.2d 601) VERN JOHNSON v. PAUL B. ADAMS. No. 18,287.Supreme Court of Colorado. Decided March 30, 1959. Rehearing denied April 20, 1959. Action for value of goods sold and delivered. From a judgment for plaintiff the defendant brings error. Affirmed. 1. ACCOUNT STATED — Elements — Evidence. Where plaintiff sold merchandise to defendant and […]

Spanish Peaks Mental Health Center and Colorado Compensation Insurance Authority, Petitioners, v. Robert Huffaker and Industrial Claim Appeals Office, Respondents. No. 95CA1726Colorado Court of Appeals. Decided March 21, 1996 Petition for Rehearing DENIED May 23, 1996 Page 742 Review of Order from the Industrial Claim Appeals Office, of the State of Colorado, WC No. 3861876. […]

(529 P.2d 314) The People of the State of Colorado v. Gene Marvin Mankowsky No. 26125Supreme Court of Colorado. Decided December 16, 1974. On a plea of guilty to first-degree rape defendant was sentenced to the state penitentiary for a term of 40-50 years. Defendant then filed a motion for postconviction relief pursuant to 1971 […]

Gerald J. Karg and William Karg, Plaintiffs-Appellants and Cross-Appellees, v. Allen Mitchek and Robert Graves, doing business as Mitchek and Graves, a Partnership, Defendants-Appellees and Cross-Appellants. Allen Mitchek, Plaintiff-Appellee and Cross-Appellant, v. Gerald J. Karg, Albert E. Karg, Victor W. Karg, Karg and Karg, a Partnership, Karg-Dermer, a Partnership, and Karg Land and Cattle Company, […]

135 P.2d 1019 KAMP, DOING BUSINESS AS KAMP MOVING AND STORAGE COMPANY v. DISNEY ET AL. No. 15,290Supreme Court of Colorado. Decided March 22, 1943. Rehearing denied April 12, 1943. A proceeding under the Workmen’s Compensation Act. Judgment for claimant. Affirmed. 1. WORKMEN’S COMPENSATION — Persons Subject to the Act. An employer who has four […]

J.W.C. Davis and Gwendolyn Davis, Plaintiffs-Appellants and Cross-Appellees, v. R.K. Cramer, Richard Haines, Irene M. Light, Louis S. Madrid, Gary Sandlin, and Sandlin Oil Corporation, Defendants-Appellees and Cross-Appellants. No. 87CA1627Colorado Court of Appeals. Decided January 18, 1990. Rehearing Denied February 15, 1990. Certiorari Granted June 25, 1990 (90SC133). Certiorari Granted on the following issues: Whether […]

(476 P.2d 44) The Intermountain Rural Electric Association, A Corporation v. Irvin E. Coonrod. No. 22753.Supreme Court of Colorado. Decided October 13, 1970. Rehearing denied November 16, 1970. Action by plaintiff for personal injuries sustained as a result of coming in contact with energized electrical wire maintained by defendant. Judgment for plaintiff. Reversed. 1. INSTRUCTIONS, […]

192 P.2d 524 COLPITTS v. FASTENAU. No. 15,667.Supreme Court of Colorado. Decided March 22, 1948. Rehearing denied April 12, 1948. An action involving the validity of a treasurer’s tax deed. Judgment for plaintiff. Reversed. 1. EVIDENCE — Public Officers. Public officers are presumed to perform their duties. Page 595 2. REAL PROPERTY — Title. In […]

The People of the State of Colorado v. Bruce Wilson Jones, Jr. No. 80CA0058Colorado Court of Appeals. Decided May 21, 1981. Rehearing denied July 30, 1981. Certiorari granted October 26, 1981. Appeal from the District Court of Larimer County, Honorable William F. Dressel, Judge. Page 905 J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy […]

46 P.2d 902 GARRISON v. KANSAS CITY LIFE INSURANCE COMPANY. No. 13,711.Supreme Court of Colorado. Decided June 24, 1935. Suit on promissory note. Judgment for plaintiff. Affirmed. On Application for Supersedeas. 1. BILLS AND NOTES — Promissory Note — Payment — Principal and Agent. Even if an agent has authority to collect a promissory note, […]

Drake Tillery, Petitioner in 84SA255 v. The District Court in and for the Fifth Judicial District, in the County of Summit, State of Colorado, the Honorable Richard H. Hart, District Court Judge; the District Court in and for the Second Judicial District, City and County of Denver, State of Colorado, the Honorable Gilbert A. Alexander, […]

449 P.2d 359 The Board of County Commissioners of the County of Baca, State of Colorado v. Bartlett Company Grain, a corporation, and Gano Grain Corporation, a corporation. No. 22160.Supreme Court of Colorado. Decided December 30, 1968. Rehearing denied January 27, 1969. Action to test validity of ad valorem tax assessments made against the properties […]

(586 P.2d 1010) Nancy M. Haynes v. William S. Haynes No. 78-012Colorado Court of Appeals. Decided November 2, 1978. In divorce action proceeding, plaintiff appealed from a judgment terminating defendant’s child support obligations and awarding a lump sum of $1,500 for college expenses. Reversed 1. PARENT AND CHILD — College Expenses — Parent’s Obligation to […]

The People of the State of Colorado, Plaintiff-Appellee, v. Richard DeHerrera, Defendant-Appellant. No. 83SA309Supreme Court of Colorado. Decided March 25, 1985. Appeal, District Court, Las Animas County Honorable Harry R. Sayre, Judge Page 735 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]

Denise L. CRUZ-CESARIO, Plaintiff-Appellant, v. DON CARLOS MEXICAN FOODS, Defendant-Appellee. No. 04CA1272.Colorado Court of Appeals. September 22, 2005. Appeal from the District Court, Pueblo County, David A. Cole, J. Page 1079 Koncilja Koncilja, P.C., Lawrence D. Saunders, Pueblo, Colorado, for Plaintiff-Appellant. Clifton, Hook Bovarnick, P.C., Cheryl A. Martin, Denver, Colorado, for Defendant-Appellee. HUME,[*] J. [*] […]

Eugene R. Morrison, Petitioner, v. The Industrial Claim Appeals Office of the State of Colorado, Trailways, Inc., and Liberty Mutual Insurance Company, Respondents. No. 87CA1471Colorado Court of Appeals. Decided April 21, 1988. Review of Order from the Industrial Claim Appeals Office of the State of Colorado Page 655 Hughes, Pelz, Clikeman Marcucci, P. C., Harlan […]

Larry Williams, Plaintiff-Appellant, v. Guaranty National Insurance Company, Defendant-Appellee. No. 95CA1361Colorado Court of Appeals. February 20, 1997 Petition for Rehearing DENIED March 27, 1997 Petition for Writ of Certiorari GRANTED December 15, 1997, and the judgment of the Colorado Court of Appeals is vacated. The case is remanded to the Colorado Court of Appeals for […]

The People of the State of Colorado, Petitioner, v. Marlene Becker, Dianne Johnson and Thomas Fuselier, Respondents. No. 86SC242Supreme Court of Colorado. Decided July 5, 1988. Certiorari to the District Court of Adams County Page 27 James F. Smith, District Attorney, Michael J. Milne, Deputy District Attorney, for Petitioner. Keller, Dunievitz, Johnson Wahlberg, Robert Elmer […]

(304 P.2d 629) KLEBERT PAUL RIGOT, AS ADMINISTRATOR, ETC, ET AL. v. WESLEY CONDA, ET AL. No. 17,851.Supreme Court of Colorado. Decided December 10, 1956. Rehearing denied December 31, 1956. An action for damages by the administrator of the estate of a decedent, killed in an automobile accident, and a wrongful death action by the […]

The People of the State of Colorado, Plaintiff-Appellee, v. Stanley T. Coleman, Defendant-Appellant. No. 00CA1602Colorado Court of Appeals. March 14, 2002 Certiorari Denied October 7, 2002.[*] [*] Justice KOURLIS would grant as to the following issue: Whether the court of appeals erred in concluding that a defendant found to have imported into Colorado and possessed […]

94 P.2d 713 COLORADO PUBLIC WELFARE BOARD v. VILES. No. 14,591.Supreme Court of Colorado. Decided October 2, 1939. Suit in mandamus to compel allowance of a pension to a blind person. Judgment for plaintiff. Reversed in Part. 1. MANDAMUS — Actions. Mandamus is the proper action to compel performance of an act which the law […]

Donald L. George, Plaintiff-Appellant, v. Ute Water Conservancy District, Defendant-Appellee. No. 96CA1639Colorado Court of Appeals. December 26, 1997 Appeal from the District Court of Mesa County, Honorable Amanda D. Bailey, Judge, No. 94CV273 JUDGMENT AFFIRMED Page 1196 Wegher Associates and Robb, Beckner, Achziger, McInnis Palo, Arnold C. Wegher, Denver, Colorado, for Plaintiff-Appellant. Williams, Turner Holmes, […]

The People of the State of Colorado, Complainant, v. Robert Anthony Flores, Attorney-Respondent. No. 88SA411Supreme Court of Colorado. Decided April 10, 1989. Original Proceeding in Discipline. Page 611 Linda Donnelly, Disciplinary Counsel, Susan L. Fralick, Assistant Disciplinary Counsel, for Complainant. Respondent Appearing Pro Se. EN BANC CHIEF JUSTICE QUINN delivered the Opinion of the Court. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Trevor Howell, Defendant-Appellant. No. 01CA0905.Colorado Court of Appeals. Division I. September 12, 2002. Certiorari Denied February 24, 2003. Jefferson County District Court No. 99CR540; Honorable Frank Plaut, Judge ORDER AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Page 895 [EDITORS’ NOTE: THIS PAGE […]

Juan Ruiz, Plaintiff-Appellant, v. ExCello Corporation, a Michigan corporation, Defendant-Appellee, Stemac Co., an unincorporated association, C. A. Norgren Co., a Delaware corporation, Greenlee Bros. Co., a Michigan corporation, B T Machine Co., and B T Engineering Sales Co., Defendants. No. 81CA0617Colorado Court of Appeals. Decided June 3, 1982. Rehearing denied July 1, 1982. Certiorari denied […]

The People of the State of Colorado, Plaintiff-Appellant, v. John Stevens Davis, Defendant-Appellee. No. 83SA17Supreme Court of Colorado. Decided September 12, 1983. Interlocutory Appeal from the District Court of Boulder County, Honorable Richard Dana, Judge. Page 131 Alexander M. Hunter, District Attorney, Peter M. Maguire, Deputy District Attorney, for plaintiff-appellant. David F. Vela, Colorado State […]

The People of the State of Colorado, Plaintiff-Appellee, v. Ricky Salazar, Defendant-Appellee, and Concerning Barbara Zollars, Appellant. No. 91CA0841Colorado Court of Appeals. Decided April 9, 1992. Rehearing Denied May 28, 1992. Certiorari Denied August 31, 1992 (92SC419). Appeal from the District Court of Weld County Honorable William L. West, Judge. No appearance for Plaintiff-Appellee. Jostad/Associates, […]

(532 P.2d 720) Walter C. Stroud and Helen E. Stroud v. The City of Aspen, Colorado, a Municipal Corporation No. 26764Supreme Court of Colorado. Decided March 3, 1975 Plaintiffs, who held a building permit to erect a business building in a commercial core area of city, challenged the constitutionality of off-street parking ordinance, asked for […]

Nelson, Haley, Patterson Quirk, Inc., Plaintiff-Appellant, v. Garney Companies, Inc., Defendant-Appellee. No. 87CA1610Colorado Court of Appeals. Decided August 3, 1989. Rehearing Denied September 14, 1989. Appeal from the District Court of the City and County of Denver Honorable H. Jeffrey Bayless, Judge Page 154 Knapp, Lee and York, P.C., Byrum C. Lee, Jr., for Plaintiff-Appellant. […]

(455 P.2d 649) John J. Gibbons v. Mary Choury. No. 22396.Supreme Court of Colorado. Decided June 9, 1969. Opinion modified and as modified rehearing denied June 23, 1969. Action to recover damages for personal injuries sustained as result of automobile collision. From judgment in favor of plaintiff, defendant brings error contending that $12,000 verdict is […]

(462 P.2d 594) James Phillips v. The People of the State of Colorado. No. 22921.Supreme Court of Colorado. Decided December 29, 1969. Defendant was convicted of aggravated robbery and brought error. Affirmed. 1. SEARCHES AND SEIZURES — Fourth Amendment — Colorado Constitution. The Fourth Amendment to the United States Constitution and Article II, section 7 […]

The City of Colorado Springs, a Home Rule City and a Colorado Municipal Corporation, Plaintiff-Appellee, v. Richard Blanche and Faith Bible Fellowship International, a Colorado Nonprofit Corporation, Defendants-Appellants. No. 87SA150Supreme Court of Colorado. Decided September 12, 1988. Appeal from District Court, El Paso County Honorable John F. Gallagher, Judge Page 213 [EDITORS’ NOTE: THIS PAGE […]

(540 P.2d 1118) Richard W. Martin v. Floyd Bralliar No. 74-288Colorado Court of Appeals. Decided July 8, 1975. Rehearing denied August 6, 1975. Certiorari denied October 6, 1975. Medical malpractice action arising from fact that, after defendant operated on plaintiff’s ring finger and fifth finger, the plaintiff’s ring finger became immobilized in flexed position. From […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Royce Carsey GIBSON, Defendant-Appellant. No. 06CA0796.Colorado Court of Appeals. August 21, 2008. Rehearing Denied November 6, 2008. Appeal from the District Court, Jefferson County, Margie L. Enquist, J. Page 572 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

Edward Foos, Plaintiff-Appellant, v. State of Colorado; Department of Revenue of the State of Colorado, Motor Vehicle Division, Hearing Section; Pauline Tupper, as the Hearing Officer; and Kevin Patterson, as the Representative of the Executive Branch of the State of Colorado, Defendants-Appellees. No. 93CA0626Colorado Court of Appeals. Decided June 16, 1994. Rehearing Denied August 4, […]

190 P.2d 117 COMPTON ET AL. v. KNUTH. No. 15,649.Supreme Court of Colorado. Decided February 16, 1948. An action to enjoin an appropriator of water for irrigation purposes from operating a pumping plant whereby he diverted his water from the natural stream. Judgment for plaintiff. Reversed. 1. WATER RIGHTS — Diversion and Use. One of […]

Westec Construction Management Company, Plaintiff and Counterclaim Defendant-Appellee and Cross-Appellant, v. Postle Enterprises I, Inc., Defendant and Counterclaim Plaintiff-Appellant and Cross-Appellee. Nos. 01CA1055 01CA1632.Colorado Court of Appeals. Division IV. November 7, 2002. Rehearing Denied December 12, 2002. Certiorari Denied April 21, 2003. Adams County District Court No. 96CV0705; Honorable C. Vincent Phelps, Jr., Judge JUDGMENT […]

(352 P.2d 961) HERMAN KOSCOVE v. MINERVA J. BRUNGER, ET AL., AS PACKERS WHOLESALE MEATS. No. 18,716.Supreme Court of Colorado. Decided June 13, 1960. Action to rescind contract for the purchase of chattel property. Judgment for plaintiffs. Affirmed. 1. CONTRACTS — Rescission — Breach of Warranty — Evidence. In an action to rescind a contract […]

The People of the State of Colorado, Plaintiff-Appellee, v. Robert Lopez, Defendant-Appellant. No. 02CA0443.Colorado Court of Appeals. March 11, 2004. As Modified on Denial of Rehearing April 22, 2004. Certiorari Denied September 7, 2004.[*] [*] Justice COATS does not participate. Justice BENDER would grant as to the following issues. Whether the trial court erred [in] […]

(591 P.2d 1348) Peggy L. Frazier, as General Partner of Carlin and Frazier Development Company and Shirley Phillips, Herbert Rutledge, Betty Rutledge, Fred A. Cassel, Jr., and Richard Hlasnicek, all in their capacity as Limited Partners of Carlin and Frazier Development Company v. Ann Carlin, as General Partner of Carlin and Frazier Development Company; and […]

The PEOPLE of the State of Colorado, Petitioner, v. Brian CROSS, Respondent. No. 05SC17.Supreme Court of Colorado. January 17, 2006. Appeal from the Court of Appeals. Page 72 John W. Suthers, Attorney General, Patricia R. Van Horn, Assistant Attorney General, Appellate Division, Criminal Justice Section, Denver, for Petitioner. David S. Kaplan, Colorado State Public Defender, […]

(371 P.2d 442) MESA COUNTY JUNIOR COLLEGE DISTRICT, ET AL., v. ROBERT DONNER, SR., ET AL. No. 19,996.Supreme Court of Colorado. Decided May 14, 1962. From a judgment denying their petition to intervene in action to determine validity of act relating to Junior Colleges, the petitioners bring error. Reversed. 1. DECLARATORY JUDGMENTS — Schools and […]

(493 P.2d 1362) Eugene E. Arellano v. The People of the State of Colorado No. 24378Supreme Court of Colorado. Decided February 22, 1972. Defendant was convicted of possession of a narcotic drug, cannabis, and brought error. Affirmed 1. CRIMINAL PROCEDURE — Failure to Object — Instruction — Contemporaneous Objection Rule — Not Followed — Affirmance […]

(585 P.2d 319) In the Matter of the Estate of Helen J. Smith, Deceased. Marjorie K. Thompson v. Estate of Helen J. Smith, Deceased No. 78-514Colorado Court of Appeals. Decided September 28, 1978. District court determined that decedent, in the residuary clause of her will, had validly exercised a general testamentary power of appointment conferred […]

The PEOPLE of the State of Colorado, Complainant v. Debra Ann SWEETMAN, Respondent. No. 07PDJ031.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. Court of Colorado. November 3, 2008. Page 1124 Attorney Regulation. Following a hearing pursuant to C.R.C.P. 251.18, a Hearing Board disbarred Debra Ann Sweetman (Attorney Registration No. 15265) from […]

The PEOPLE of the State of Colorado, Petitioner-Appellee, v. In the Interest of O.R., Juvenile-Appellant. No. 08CA1219.Colorado Court of Appeals. December 24, 2008. Rehearing Denied January 29, 2009. Appeal from the Juvenile Court, City and County of Denver, D. Brett Woods, J. Page 950 John W. Suthers, Attorney General, Elizabeth Rohrbough, Assistant Attorney General, Denver, […]

(546 P.2d 1289) The People of the State of Colorado v. Karen Elaine McCabe No. 75-080Colorado Court of Appeals. Decided December 4, 1975. Rehearing denied January 8, 1976. A conviction for theft followed after trial court denied defendant’s request for continuance and refused to assist him in securing attendance of witnesses who lived in California […]

(321 P.2d 218) FILM ENTERPRISES, INC. v. RUTH S. WOLFBERG, EXECUTRIX, ETC. No. 18,395.Supreme Court of Colorado. Decided February 3, 1958. Claim against the estate of a decedent. From an order of the county court allowing claim to remain on file as notice pending determination of another cause pending in the Supreme Court, the claimant […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Danny E. BASS, Defendant-Appellant. No. 04CA1207.Colorado Court of Appeals. November 2, 2006. Appeal from the District Court, El Paso County, No. 03CR3068, Theresa M. Cisneros, J. Page 548 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

DCB Construction Company, Inc., Cross-Claimant and Appellee, v. The Central City Development Co., Cross-Claimant and Appellant. No. 95CA0566Colorado Court of Appeals. Decided July 25, 1996 Opinion Modified, and As Modified, Petition for Rehearing DENIED August 29, 1996 Certiorari Granted August 4, 1997. Appeal from the District Court of Gilpin County, Honorable Kenneth E. Barnhill, Judge, […]

Robert E. Wright, Jr., Russell, Angelo and Wright, P.C., Petitioners, v. District Court in and for the County of Gunnison, Seventh Judicial District, State of Colorado, and the Honorable Thomas A. Goldsmith, District Judge, Respondents. No. 86SA364Supreme Court of Colorado. Decided January 20, 1987. Original Proceeding Page 662 Cooper Kelley, P.C., Paul D. Cooper, Elizabeth […]

Donald Casler, Petitioner-Appellant, v. Ed Nelson, Sheriff of Arapahoe County, State of Colorado, Respondent-Appellee. No. 82SA262Supreme Court of Colorado. Decided April 18, 1983. Appeal from the District Court of Arapahoe County, Honorable Kenneth K. Stuart, Judge. J. Gregory Walta, Colorado State Public Defender, Saskia A. Stephenson, Deputy State Public Defender, for petitioner-appellant. J. D. MacFarlane, […]

In re the MARRIAGE OF Jutta G. WARKOCZ, n/k/a Jutta G. Schaeffer, Appellant, and Jeffrey F. Warkocz, Appellee. No. 04CA2031.Colorado Court of Appeals. April 6, 2006. As Modified on Denied of Rehearing July 20, 2006. Appeal from the District El Pasco County, Timothy J. Simmons, J. Page 927 Beltz, Edwards, Sabo West, LLP, Daniel A. […]

203 P.2d 910 NEWTON v. CANTY ET AL. No. 16,181.Supreme Court of Colorado. Decided February 21, 1949. Rehearing denied March 21, 1949. An action involving a contract for the sale and purchase of real property. Judgment for plaintiffs. Affirmed. 1. PRACTICE AND PROCEDURE — Pleading — Motions to Dismiss. In an action involving a contract […]

(403 P.2d 439) GEORGE EDWARD ZEILER v. THE PEOPLE OF THE STATE OF COLORADO. No. 20808.Supreme Court of Colorado. Decided June 1, 1965. Defendant was convicted of simple assault and brings error. Affirmed. 1. CRIMINAL LAW — Appeal and Error — Factual Dispute — Jury — Evidence — Review Court — Determination. Where a sharply […]

21 P.2d 1119 WILLIAMS, ADMINISTRATOR v. CONTINENTAL OIL COMPANY. No. 13,015.Supreme Court of Colorado. Decided May 8, 1933. Judgment affirmed in department without written opinion, Mr. Chief Justice Adams, Mr. Justice Butler and Mr. Justice Moore participating. Error to the District Court of the City and County of Denver, Hon. George F. Dunklee, Judge. Messrs. […]

Fibreglas Fabricators, Inc., Petitioner, v. Richard L. Kylberg, and Edgewater Redevelopment Authority, a Colorado Urban Renewal Authority, a body corporate and politic, Respondents. No. 89SC228Supreme Court of Colorado. Decided September 24, 1990. Rehearing Denied November 13, 1990. Certiorari to the Colorado Court of Appeals. Page 372 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]

The People of the State of Colorado, Plaintiff-Appellee, v. Paul L. Cushinberry, Defendant-Appellant. No. 91CA0300Colorado Court of Appeals. Decided December 31, 1992. Rehearing Denied February 4, 1993. Certiorari Denied July 6, 1993 (93SC156). Appeal from the District Court of the City and County of Denver Honorable H. Jeffrey Bayless, Judge Gale A. Norton, Attorney General, […]

Industrial Commission of Colorado and Sister Antonella Marie Gutterres, Petitioners, v. Fort Logan Mental Health Center and State Compensation Insurance Fund, Respondents. No. 83SC66 No. 83SC69Supreme Court of Colorado. Decided June 4, 1984. Rehearing Denied June 25, 1984. Certiorari to the Colorado Court of Appeals Page 1186 L. Duane Woodard, Attorney General, Charles B. Howe, […]

(523 P.2d 1402) The People of the State of Colorado v. Roger Dean Black No. 25759Supreme Court of Colorado. Decided July 1, 1974. Defendant was convicted of assault with intent to commit murder and assault with a deadly weapon against a peace officer and appealed. Affirmed 1. CRIMINAL EVIDENCE — Review — Light — Favorable […]

The People of the State of Colorado v. Ronald Ray Brewer No. 81CA0186Colorado Court of Appeals. Decided January 21, 1982. Rehearing denied March 11, 1982. Certiorari denied July 12, 1982. Appeal from the District Court of the City and County of Denver, Honorable Karen S. Metzger, Judge. Page 168 J.D. MacFarlane, Attorney General, Richard F. […]

494 P.2d 120 Leroy A. Duke and Frances K. Duke v. Orville C. Pickett and Gentle Breeze Mobile Home Court, Inc. and Vivan E. Strawn, Ruby A. Pickett, and Inez L. Pyle No. 71-003Colorado Court of Appeals. Decided February 23, 1972. Heirs of decedent who was defendant and a counter-claimant in fraud action at time […]