Category: Colorado Court Opinions

The People of the State of Colorado, Plaintiff-Appellant, v. Andrew Elbert Bost, Defendant-Appellee. No. 86SA453Supreme Court of Colorado. Decided March 13, 1989. Rehearing Denied April 10, 1989. Appeal from the District Court, El Paso County Honorable Matt Railey, Judge. Page 1210 Barney Iuppa, District Attorney, David H. Zook, Chief Deputy District Attorney, for Plaintiff-Appellant. David […]

31 P.2d 491 DRISCOLL CONSTRUCTION COMPANY ET AL. v. INDUSTRIAL COMMISSION ET AL. No. 13,442.Supreme Court of Colorado. Decided April 2, 1934. Proceeding under the Workmen’s Compensation Act. Judgment for claimant. Affirmed. 1. WORKMEN’S COMPENSATION — Course of Employment. An employee, driving his team of horses from the place where he stabled them to where […]

(267 P.2d 1119) LOFLIN ET AL. v. JENNINGS. No. 17,237.Supreme Court of Colorado. Decided March 8, 1954. An action on a promissory note. Judgment for plaintiffs. PER CURIAM. Judgment affirmed en banc without written opinion. Error to the District Court of Park County, Hon. Joseph D. Blunt, Judge. Mr. HOWARD M. SCHMIDT, Mr. WARREN E. […]

32 P.2d 186 SRONCE v. CITY AND COUNTY OF DENVER. No. 13,061.Supreme Court of Colorado. Decided April 9, 1934. Rehearing denied April 30, 1934. Plaintiff in error was found guilty of the violation of a municipal traffic ordinance. Reversed. 1. MUNICIPAL CORPORATIONS — Violation of Ordinances — Pleading. A charge that defendant violated a municipal […]

William T. VALENTINE, Sharon A. Valentine, and Valentine Digital, Inc., Plaintiff-Appellants, v. MOUNTAIN STATES MUTUAL CASUALTY COMPANY, Defendant-Appellee. No. 09CA1767.Colorado Court of Appeals. January 6, 2011. Appeal from District Court, Peter W. Booth, J. Page 1183 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

CHRISTIANA REDMOND, PLAINTIFF-APPELLANT AND CROSS-APPELLEE, v. CHAINS, INC., D/B/A KITTY’S PLEASURE PALACE, AND COLORADO ALUMNI, LTD., D/B/A KITTY’S EAST, DEFENDANTS-APPELLEES AND CROSS-APPELLANTS. No. 98CA2213Supreme Court of Colorado. January 20, 2000 Appeal from the District Court of the City and County of Denver, Honorable H. Jeffrey Bayless, Judge, No. 97CV766 JUDGMENT AFFIRMED IN PART, Page 760 […]

Jerry L. Kemp and Income Realty and Mortgage, Inc., a Colorado corporation, Petitioners, v. The Empire Savings, Building and Loan Association, and Nancy J. Flett, Public Trustee for the County of Jefferson, Respondents. No. 81SC281Supreme Court of Colorado. Decided March 28, 1983. Page 900 Certiorari to the Colorado Court of Appeals Joseph A. Davies, Curtis […]

252 P.2d 91 KENDALL v. THE PEOPLE. No. 16,948.Supreme Court of Colorado. Decided December 22, 1952. In a lunacy proceeding, plaintiff in error was committed to the Colorado state hospital at Pueblo. Reversed. 1. INSANE PERSONS — Courts — Jurisdiction. Jurisdiction of county courts is continuous in proceedings under the lunacy statute, and any judgment […]

(493 P.2d 1352) Arlene Hobbs v. M. P. Smith, Kenneth D. Johnson, Lester D. Galvin, and Donald G. Schrefler No. C-97Supreme Court of Colorado. Decided February 22, 1972. Rehearings denied March 13, 1972. Certiorari to the Court of Appeals affirming a trial court judgment which granted an injunction prohibiting the continuation of circumstances which constituted […]

(596 P.2d 395) The People of the State of Colorado v. William Robert Hanes and Charles David Poole No. 76-534Colorado Court of Appeals. Decided January 5, 1978. Rehearing denied February 2, 1978. Certiorari granted May 22, 1978. Publication Effected June 11, 1979, by Order of Supreme Court. Convicted by a jury of second degree forgery […]

In re the Marriage of Susan C. Smith, Appellant, and Ronald A. Smith, Appellee. No. 95CA0589Colorado Court of Appeals. October 24, 1996 Page 829 Appeal from the District Court of Arapahoe County, Honorable James F. Macrum, Jr., Judge, Honorable Jack F. Smith, Judge, No. 89DR572. CAUSE REMANDED WITH DIRECTIONS Alan B. Hendrix, Denver, Colorado, for […]

The People of the State of Colorado, Petitioner-Appellant, In the Interest of K.C., A Child, And Concerning S.L., and K.C., Respondents-Appellees. No. 83CA0744Colorado Court of Appeals. Decided July 19, 1984. Appeal from the District Court of Logan County Honorable Carl J. Absmeier, Judge Page 1378 Robert B. Smith for Petitioner-Appellant. Max A. Wilson for Respondents-Appellees. […]

Board of Assessment Appeals of the State of Colorado, and Property Tax Administrator of the State of Colorado, Petitioners, v. George E. and Lucille Benbrook; Walter A. and Dorothy M. Schmid; Robert D. and Maryon W. Dickinson; James T. and Loretta Phillips; Harold L. and Louise M. Kittel; George Crombie, Jr., and Dorothy Crombie; Josephine […]

73 P.2d 1408 COMETA v. INDUSTRIAL COMMISSION ET AL. No. 14,238.Supreme Court of Colorado. Decided November 22, 1937. Judgment affirmed en banc without written opinion. Error to the District Court of the City and County of Denver, Hon. Otto Bock, Judge. Mr. J. H. RICHARD, for plaintiff in error. Mr. BYRON G. ROGERS, Attorney General, […]

The City and County of Denver, Petitioner, v. Industrial Commission of the State of Colorado, and Pamela Kay Ortega, Respondents. No. 86SC252Supreme Court of Colorado. Decided May 16, 1988. Certiorari to the Colorado Court of Appeals Page 374 Stephen H. Kaplan, City Attorney, Geoffrey S. Wasson, Assistant City Attorney, for Petitioner. Duane Woodard, Attorney General, […]

143 P.2d 273 ESTATE OF CARRINGTON. BLANDY, EXECUTRIX v. TAAFFE ET AL. No. 15,105.Supreme Court of Colorado. Decided September 27, 1943. On appeal to the district court from a final order of the county court in a probate matter. Appeal dismissed. Affirmed. 1. APPEALS — County to District Court — Bond. Where, on appeal from […]

Brian F. Fazio, Plaintiff-Appellant, v. State Farm Mutual Automobile Insurance Company, a mutual company, Defendant-Appellee. No. 01CA0601Colorado Court of Appeals. March 28, 2002 City and County of Denver District Court No. 00CV5921; Honorable Frank Martinez, Judge. JUDGMENT AFFIRMED. Page 230 John A. Meininger, Denver, Colorado, for Plaintiff-Appellant. Lambdin Chaney, LLP, Suzanne Lambdin, Stephanie A. Montague, […]

The People of the State of Colorado, Plaintiff-Appellee, v. Richard Bushu, Defendant-Appellant. No. 93CA0988Colorado Court of Appeals. Decided May 5, 1994 Appeal from the District Court of Arapahoe County Honorable James F. Macrum, Jr., Judge No. 92CR62 ORDER VACATED AND CAUSE REMANDED WITH DIRECTIONS Page 107 Gale A. Norton, Attorney General, Stephen K. Erkenbrack, Chief […]

(493 P.2d 1086) J. Norman Brown, J. L. King, William L. Blick, Lysle V. Cooksey, Arthur Antholz, Charley Baumgartner, M. J. Diehl Sons, Inc., a Colorado Corporation, Fred Ehrlick, Charley Gray, F. A. Sidwell Sons, Inc., a Colorado Corporation, William R. Wailes, Rollo Shaklee, Jean H. Eichheim, Edward Reed and John Epple, Jr. v. Herbert […]

CFI Steel, L.P., Petitioner/Cross-Respondent v. United Steel Workers of America; United Steel Workers of America Locals 2102 and 3287; Jack Golden; David Kins; Ernie Hernandez; Joey Padilla; Jeanne Landreth; Jim Harford; Sam Pierce; Tom Genetta; Richard Martinez and Henry Lefabre, Respondents/Cross-Petitioners. No. 99SC587Supreme Court of Colorado. May 29, 2001 Certiorari to the Colorado Court of […]

65 P.2d 1427 LEMON v. GIRARDOT ET AL. No. 13,814.Supreme Court of Colorado. Decided December 31, 1936. Suit against directors of a school district for an accounting or in lieu thereof to recover the sum of $15,000. Judgment for defendant. Affirmed. 1. MUNICIPAL CORPORATIONS — School Districts — Bonds — Brokers. Power of school boards […]

(299 P.2d 119) HARLAN K. SOLE, ET AL. v. COLORADO STATE BOARD OF EXAMINERS IN THE BASIC SCIENCES, ET AL. No. 17,860.Supreme Court of Colorado. Decided July 2, 1956. Rehearing denied July 23, 1956. Action in the nature of certiorari to review proceedings of Board denying plaintiffs certificates of ability. Judgment of dismissal. Affirmed. Error […]

(363 P.2d 1054) THE WESTERN MUTUAL INSURANCE CO. v. HARVEY WANN. No. 19,461.Supreme Court of Colorado. Decided August 14, 1961. Proceedings against insurance company as garnishee in action arising out of automobile accident. Judgment for plaintiff. Reversed. 1. INSURANCE — Limited Coverage — Public Policy. There is no law to prevent the issuance of insurance […]

113 P.2d 676 DEL NORTE IRRIGATION DISTRICT v. SANTA MARIA RESERVOIR COMPANY. No. 14,703.Supreme Court of Colorado. Decided April 21, 1941. Rehearing denied May 26, 1941. A suit relating to the diversion and storage of water for irrigation purposes. The judgment was for defendant. Affirmed. 1. INJUNCTION — Damages — Proof. In an injunction suit […]

In re the Marriage of: Sarah Susan Price, Petitioner, and Richard Alfred Price, Respondent. No. 84SC21Supreme Court of Colorado. Decided November 3, 1986. Rehearing Denied December 8, 1986. Certiorari to the Colorado Court of Appeals Page 1074 Susemihl, Lohman, Kent, Carlson McDermott, Richard V. Lohman, for Petitioner. Kirkman, Henley Pelican, Thomas C. Henley, for Respondent. […]

Kenichi Sonoda, Plaintiff-Appellee, v. State of Colorado; Governor Richard D. Lamm; Colorado Department of Revenue, Motor Vehicle Division; Alan Charnes Director, Colorado Department of Revenue; R.W. Skeen, Director, Motor Vehicle Division, Colorado Department of Revenue; and Guy Meyer, Defendants-Appellants. No. 82CA1289Colorado Court of Appeals. Decided May 5, 1983. Appeal from the District Court of the […]

(504 P.2d 1096) The People of the State of Colorado v. Eugene E. Focht No. 25475Supreme Court of Colorado. Decided December 26, 1972. Defendant was convicted of assault with a deadly weapon on a police officer and appealed. Affirmed 1. ASSAULT AND BATTERY — Specific Intent — Great Bodily Harm — Circumstances. Specific intent to […]

In re Stephen COMPTON, Plaintiff, v. SAFEWAY, INC., Defendant. No. 07SA50.Supreme Court of Colorado. October 1, 2007. Appeal from the District Court, Denver County, Michael A. Martinez, J. Fogel, Keating, Wagner, Polidori Shafner, P.C., Gregory W. Heron, Kristin D. Sanko, Denver, Colorado, Attorneys for Plaintiff. Anstine, Hill, Richards Simpson, Jeffrey J. Richards, Ronald C. Hill, […]

Margo K. Jacobson, f/k/a Margo K. Goldberg, Plaintiff-Appellant, v. Kevin Z. Shine, Theodore Epstein, Jr., Cinderella Epstein, as Personal Representative of the Estate of Frederick Epstein, and Lozow Lozow, P.C., a Colorado Professional Service Corporation f/k/a Epstein, Epstein Lozow, P.C., Defendants-Appellees. No. 92CA1175Colorado Court of Appeals. Decided August 26, 1993. Rehearing Denied July 15, 1993. […]

(527 P.2d 815) The People of the State of Colorado v. Eugene Shook No. 25826Supreme Court of Colorado. Decided October 21, 1974. Defendant was convicted of conspiracy to commit forgery and appealed. Affirmed 1. CONSTITUTIONAL LAW — Assistance of Counsel — Guarantee — Mistakes of Strategy — Negative. The constitutional right to the assistance of […]

Robert M. Seaman and Suzie K. Seaman, Plaintiffs-Appellees, v. Colorado Manufactured Housing Licensing Board, Defendant-Appellant. No. 90CA1901Colorado Court of Appeals. Decided December 19, 1991. Rehearing Denied January 16, 1992. Certiorari Denied June 22, 1992 (92SC75). Appeal from the District Court of the City and County of Denver Honorable William G. Meyer, Judge. Page 1042 Richard […]

93 P.2d 899 BURNHAM v. THE PEOPLE. No. 14,569.Supreme Court of Colorado. Decided June 12, 1939. Rehearing denied September 11, 1939. Plaintiff in error was convicted of receiving stolen property. Affirmed. On Application for Supersedeas. 1. CRIMINAL LAW — Receiving Stolen Goods — Evidence. In a prosecution for receiving stolen goods, evidence of the taking […]

73 P.2d 389 McGUIRE, MANAGER OF REVENUE v. SCHWARTZ, ADMINISTRATOR. No. 14,181.Supreme Court of Colorado. Decided October 25, 1937. Rehearing denied November 15, 1937. Proceeding involving taxation of personal property. Judgment holding property liable for taxes for the current year only. Reversed. On Application for Supersedeas. 1. TAXES AND TAXATION — Assessment — Lien. Under […]

(493 P.2d 21) The People of the State of Colorado v. Lloyd Martin Rogers No. 25232Supreme Court of Colorado. Decided January 24, 1972. Defendant was convicted of theft of an automobile and he appealed. Reversed 1. THEFT — Defendant — Entry — Stolen Car — Statement — Dump the Car — Connection — Insufficient — […]

Ella Mae BATES, Plaintiff-Appellant, v. Joan HENNEBERRY, in her official capacity as the Executive Director of the Colorado Department of Health Care Policy and Financing; Sarah E. Roberts, Director of Client Services, Department of Health Care Policy and Financing; Gary Ashby, Benefits Coordination Director of the Department of Health Care Policy and Financing; and the […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Erik Scott O’CONNELL, Defendant-Appellant. No. 03CA1702.Colorado Court of Appeals. November 17, 2005. Rehearing Denied March 30, 2006. Appeal from the District Court, No. 02CR2309, Nancy A. Hopf, J. Page 461 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

Farmers Group, Inc., a California corporation, Farmers Insurance Exchange, a California corporation, and Mid-Century Insurance Company, a California corporation, Petitioners, v. R. Bruce Trimble, Respondent. No. 82SC358Supreme Court of Colorado. Decided December 10, 1984. Certiorari to the Colorado Court of Appeals Page 1139 Rector, Retherford, Mullen Johnson; J. Stephen Mullen, Neil C. Bruce, for Petitioners. […]

The People of the State of Colorado v. Elias Lucero No. 78-852Colorado Court of Appeals. Decided October 23, 1980. Rehearing denied November 20, 1980. Appeal from the District Court of Pueblo County, Honorable Thomas F. Phelps, Judge. Page 425 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

(485 P.2d 903) George Solis v. The People of the State of Colorado No. 24483Supreme Court of Colorado. Decided June 14, 1971 Defendant was convicted of the crime of burglary and of being an habitual criminal and brought error. Reversed. 1. CRIMINAL EVIDENCE — Fingerprint — Tie — Crime — Conviction — Sufficient. Fingerprint evidence […]

Robert Applebaugh, a/k/a Robert E. Applebaugh, Plaintiff-Appellee and Cross-Appellant, v. Board of County Commissioners of San Miguel County, State of Colorado, Defendant-Appellant and Cross-Appellee. No. 91CA1000Colorado Court of Appeals. Decided July 30, 1992. Appeal from the District Court of San Miguel County Honorable Robert A. Brown, Judge Page 305 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

56 P.2d 1327 YOUNGBLOOD v. BOSICK. No. 13,907.Supreme Court of Colorado. Decided April 6, 1936. Action for damages for fraud and deceit in a real estate trade. Judgment of dismissal. Affirmed. On Application for Supersedeas. 1. NEW TRIAL — Newly Discovered Evidence. Requisite elements to be shown to warrant the granting of a new trial […]

(525 P.2d 494) Peronelle Burnford v. James C. Blanning, Jr. No. 73-231Colorado Court of Appeals. Decided April 16, 1974. Rehearing denied May 7, 1974. Certiorari granted September 3, 1974. Trial court granted plaintiff’s claim for specific performance of an oral contract to purchase certain land from defendant, and defendant appealed. Reversed 1. FRAUDS, STATUTE OF […]

The People of the State of Colorado v. Dennis Eugene Mason No. 81SA48Supreme Court of Colorado. Decided April 5, 1982. Rehearing denied April 26, 1982. Appeal from the District Court of the County of El Paso, Honorable William M. Calvert, Judge. Page 746 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

Adeanis Taylor, by and through Debra Taylor; and Doris Hsu, Plaintiffs-Appellants and Cross-Appellees, v. Jeffrey Ray Clark, Defendant-Appellee and Cross-Appellant, and Consolidated Theaters, Inc., d/b/a Southglenn Cinema 7, Defendant-Appellee. No. 93CA0173 No. 93CA0574Colorado Court of Appeals. Decided June 2, 1994. Rehearing denied July 7, 1994. Petition for Writ of Certiorari DENIED November 15, 1994. Appeal […]

(551 P.2d 714) Charles Thibodeaux, and Edy Thibodeaux v. Creditors Service, Inc. and Abel Velasquez v. Creditors Service, Inc. No. 26933Supreme Court of Colorado. Decided June 28, 1976. Action by debtors to enjoin licensed collection agency from collecting certain alleged indebtedness upon the ground that the collection agency was engaged in the unauthorized practice of […]

27 P.2d 1036 KEMP ET AL. v. PILLAR OF FIRE. No. 13,017.Supreme Court of Colorado. Decided December 11, 1933. Action to have property declared exempt from taxation and for refund of money paid thereon for taxes. Judgment for plaintiff. Affirmed. 1. TAXES AND TAXATION — Exemption. While the use of property, and not the character […]

Mary Anne Maurer, Property Tax Administrator, State of Colorado, Petitioner, v. Young Life, formerly The Young Life Campaign; and the Board of Assessment Appeals, State of Colorado and its members, Henry F. Schiver, Chairman, Joy C. Carpenter, and James T. McDonald, Respondents. No. 87SC481Supreme Court of Colorado. Decided September 18, 1989. Rehearing Denied October 23, […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Carlos Anthony GALLEGOS, Defendant-Appellant. No. 07CA2373.Colorado Court of Appeals. September 17, 2009. Rehearing Denied December 3, 2009. Appeal from the District Court, City and County of Denver, Anne M. Mansfield, J. Page 883 John W. Suthers, Attorney General, Rhonda L. White, Assistant Attorney General, Denver, Colorado, […]

The People of the State of Colorado, Plaintiff-Appellee, v. Russell Dean Taylor, Defendant-Appellant. No. 81SA364Supreme Court of Colorado. Decided July 6, 1982. Appeal from the District Court of Jefferson County, Honorable Joseph P. Lewis, Judge. J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy Attorney General, Mary J. Mullarkey, Solicitor General, Mary E. Ricketson, Assistant […]

Delbert A. Herman and Steamboat Excavating, Inc. v. Steamboat Springs Super 8 Motel, Inc., and Bill Welk, and Routt County National Bank of Steamboat Springs, a National Banking Association, and Public Trustee of Routt County, State of Colorado No. 80CA0412Colorado Court of Appeals. Decided May 21, 1981. Rehearing denied June 4, 1981. Certiorari denied October […]

The People of the State of Colorado, Plaintiff-Appellee, v. William Pickering, Defendant-Appellant. No. 83CA0989Colorado Court of Appeals. Decided December 19, 1985. Rehearing Denied January 30, 1986. Certiorari Denied People September 29, 1986 (86SC82). Appeal from the District Court of El Paso County Honorable Bernard R. Baker, Judge Page 6 Duane Woodard, Attorney General, Charles B. […]

87 P.2d 1120 PORTER v. STATE OF COLORADO, ACTING THROUGH THE STATE BOARD OF LAND COMMISSIONERS. No. 14,479.Supreme Court of Colorado. Decided February 20, 1939. Rehearing denied March 13, 1939. Judgment affirmed en banc on application for supersedeas without written opinion, Mr. Justice Francis E. Bouck and Mr. Justice Bock not participating. Error to the […]

The People of the State of Colorado, Plaintiff-Appellee, v. William Clifford Bartley, Defendant-Appellant. No. 88CA0470 No. 88CA0481Colorado Court of Appeals. Decided March 15, 1990. Rehearing Denied April 12, 1990. Certiorari Granted October 22, 1990 (90SC263). Certiorari Granted on the following issues: Whether the warrantless aerial surveillance of petitioner’s driveway was in violation of the prohibition […]

Ollette Omedelena, Plaintiff-Appellee, v. Denver Options, Inc., a Colorado nonprofit corporation; and Bethphage, Inc., a Nebraska corporation, Defendants-Appellants. No. 00CA1640Colorado Court of Appeals. Division IV March 14, 2002 Certiorari Denied January 13, 2003[*] [*] Justice RICE would grant as to the following issues: Whether the court of appeals erred in holding that respondent’s precuniary interest […]

In re the Marriage of Richard W. Adamson, II, and Sandra Weinrauch, formerly Sandra Adamson No. 80CA0299Colorado Court of Appeals. Decided March 12, 1981. Page 740 Appeal from the District Court of El Paso County, Honorable Hunter D. Hardeman, Judge. Cashen, Cheney, Johnston, Adamson Campbell, R. W. Johnston, Jr., for appellant. Spurgeon, Haney Howbert, Charles […]

SKYLAND METROPOLITAN DISTRICT, a Colorado special district; and East River Regional Sanitation District, a Colorado special district, Plaintiffs-Appellees and Cross-Appellants, v. MOUNTAIN WEST ENTERPRISE, LLC, a Colorado limited liability company; and Daniel Gallagher, Defendants-Appellants and Cross-Appellees. No. 04CA2605.Colorado Court of Appeals. June 14, 2007. Appeal from the Gunnison County District Court, Charles R. Greenacre, J. […]

(303 P.2d 1104) BOARD OF COUNTY COMMISSIONERS OF YUMA COUNTY, ET AL. v. GILBERT T. CARPENTER. No. 17,895.Supreme Court of Colorado. Decided October 1, 1956. Rehearing denied December 3, 1956. An action to compel county commissioners to levy school tax on all taxable property within school district, including recently annexed property, in order to pay […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Lloyd WATTS, Defendant-Appellant. No. 04CA0731.Colorado Court of Appeals. August 10, 2006. Certiorari Denied August 13, 2007. As Modified on Denial of Rehearing September 14 and October 5, 2006. Appeal from the District Court, City and County of Denver, No. 03CR2443, Sheila A. Rappaport, J. Page 708 […]

(462 P.2d 485) Mary L. Miller v. Marvin D. Dewey. No. 22382.Supreme Court of Colorado. Decided December 22, 1969. Rehearing denied January 12, 1970. Action involving a two-car, rear-end collision. Judgment for defendant. Affirmed. 1. TRIAL — Credibility of Witnesses — Court — Determination — Overturn — Review — Negative. The credibility of witnesses is […]

(542 P.2d 845) In Re the Marriage of Rebecca Gertrude Franks v. Maurice Rudolph Franks No. 26369Supreme Court of Colorado. Decided November 17, 1975. Rehearing denied December 8, 1975. Action by ex-husband to reverse a decree which dissolved his marriage to his ex-wife. Affirmed 1. PRACTICE AND PROCEDURE — Rules — Govern — Proceedings — […]

(570 P.2d 560) The People of the State of Colorado ex rel. Commissioner of Agriculture v. Wayne Webster, individually and d/b/a Hotchkiss Fruit Company No. 77-169Colorado Court of Appeals. Decided October 6, 1977. In action to collect assessments levied under apple marketing order issued pursuant to Agriculture Marketing Act, trial court granted summary judgment for […]

The People of the State of Colorado, Plaintiff-Appellee, v. Roland Snook, Defendant-Appellant. No. 84CA1168Colorado Court of Appeals. Decided August 21, 1986. Rehearing Denied September 18, 1986. Certiorari Granted People December 22, 1986 (86SC353). Certiorari granted on following issue: Does CRE 608(a) bar the admission of expert testimony circumstantially corroborating the child sexual assault victim’s testimony […]

(484 P.2d 1219) John Anthony Jaramillo v. The District Court in and for the County of Rio Grande, State of Colorado, Honorable Whitford W. Myers, District Judge, and Robert W. Ogburn, District Attorney for the Twelfth Judicial District, State of Colorado. No. 25158.Supreme Court of Colorado. Decided May 17, 1971. Original proceeding pursuant to Rule […]

The PEOPLE of the State of Colorado, In the Interest of T.E.M., T.E.M., W.B.M., Jr., T.B.M., and C.E.M., Children, Upon the Petition of Denver Department of Human Services, Petitioner-Appellee, and Concerning W.B.M., Respondent-Appellant. No. 05CA0837.Colorado Court of Appeals. October 6, 2005. Appeal from the Juvenile Court, City and County of Denver, No. 04JV71, Karen M. […]

In re Interrogatories Submitted By the General Assembly on House Bill 04-1098. No. 04SA64.Supreme Court of Colorado. April 19, 2004. Original Proceeding Pursuant to Colorado Constitution Article VI § 3, INTERROGATORY NUMBER TWO ANSWERED. No. 04SA64, In Re Interrogatories Submitted by the GeneralAssembly on House Bill 04-1098 — Separation of Powers —Appropriation power of General […]

114 P.2d 284 PUTNAM DITCH COMPANY v. BIJOU IRRIGATION COMPANY. No. 14,813.Supreme Court of Colorado. Decided May 19, 1941. Rehearing denied June 16, 1941. An action to enjoin an irrigation company from operating under methods adopted by it in the carriage, distribution and delivery of water. Judgment for defendant on most of the presented issues. […]

The People of the State of Colorado, Plaintiff-Appellant, v. Stephen Sparks, a/k/a Stephen T. Sparks, a/k/a Stephen Sparrs, a/k/a Steven Sparkes, Jr., Defendant-Appellee. No. 87SA192Supreme Court of Colorado. Decided January 25, 1988. Interlocutory Appeal from District Court, Arapahoe County Honorable John P. Gately, Judge Robert R. Gallagher, Jr., District Attorney, James J. Peters, Chief Deputy […]

R.E.C.A.L.L. (Residents Extremely Concerned About La Plata’s Leadership), a political committee formed in compliance with “The Campaign Reform Act of 1974,” comprised of Dick Elder, Larry Gasser, E.L. Hutchinson, Jean McCullough, Georgia Patcheck, Carla Chew, and Rich Chew, who bring this action as members of said committee and as individuals, and Rick Chew, as the […]

(499 P.2d 639) Wayne Bamford v. Wiley Cope and Jack D. Richardson, individually, and d/b/a Three Rivers Ranch, a partnership No. 71-009Colorado Court of Appeals. Decided July 18, 1972. Action for broker’s commission alleged to be due under oral contract between partners in ranch operation and mortgage finance broker. From judgment for broker of 1% […]

Animas Valley Sand And Gravel, Inc., a Colorado corporation, Petitioner/Cross-Respondent v. Board Of County Commissioners Of The County Of La Plata, Colorado, Respondent/Cross-Petitioner. No. 00SC151Supreme Court of Colorado. December 17, 2001 Rehearing Denied January 14, 2002* Certiorari to the Colorado Court of Appeals Court of Appeals No. 98CA1474 JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS […]

UNITED STATES WELDING, INC., a Colorado corporation, Plaintiff-Appellant, v. B C STEEL, INC., a Colorado corporation; Metro Steel Fabricating, Inc., d/b/a Metro Steel Inc., a Colorado corporation; and Buckeye Welding Supply Company, Inc., a Colorado corporation, Defendants-Appellees. No. 10CA0879.Colorado Court of Appeals. July 7, 2011. Appeal from the District Court, City and County of Denver, […]

The People of the State of Colorado, Petitioner-Appellee, In the Interest of S.C., a minor, and Concerning Orlando Martinez, Mark Mandler, David Bennett and Mary Hoover, Appellants. No. 88CA1360Colorado Court of Appeals. Decided December 21, 1989. Rehearing Denied January 18, 1990. Certiorari Denied January 14, 1991 (90SC276). Appeal from the Juvenile Court of the City […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Zack Alexander BANARK, Defendant-Appellant. No. 05CA0843.Colorado Court of Appeals. January 25, 2007. Rehearing Denied February 8, 2007. Appeal from the District Court, Adams County, Harlan R. Bockman, J., Page 610 John W. Suthers, Attorney General, Elizabeth Rohrbough, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee. Kallman S. […]

(590 P.2d 511) The People of the State of Colorado v. Louis F. Graham No. 77-313Colorado Court of Appeals. Decided October 12, 1978. Rehearing denied November 9, 1978. Certiorari granted February 13, 1979. Convicted by a jury of aggravated robbery and conspiracy, defendant appealed. Affirmed 1. CRIMINAL LAW — Jury Instructions — Aggravated Robbery Charge […]

(523 P.2d 128) The People of the State of Colorado v. Robert Howard Thompson and Mary Jean Walker No. 25746Supreme Court of Colorado. Decided June 10, 1974. Defendants were convicted of the crime of bringing alcohol onto the premises of the state penitentiary in violation of the so-called contraband statute and appealed. Reversed 1. INTOXICATING […]

Michelle ELLER, Petitioner, v. INDUSTRIAL CLAIM APPEALS OFFICE of the State of Colorado and Boulder Valley School District, Respondents. No. 08CA2274.Colorado Court of Appeals. September 3, 2009. Rehearing Denied October 29, 2009. Appeal from the Worker’s compensation claimant appealed from final order issued by the Industrial Claim Appeals Office. Page 398 [EDITORS’ NOTE: THIS PAGE […]

74 P.2d 1235 WALKER ET AL. v. DROGMUND. No. 13,873.Supreme Court of Colorado. Decided December 27, 1937. Proceeding involving the disposition of partnership property, defendants being the heirs at law of a deceased partner, and plaintiff, the sole survivor of the partnership, claiming the property under the terms of an alleged partnership agreement. Judgment for […]

(572 P.2d 853) Dailey, Goodwin O’Leary, P.C., a Colorado corporation v. Division of Employment, Industrial Commission of Colorado (Ex-officio Unemployment Compensation Commission of Colorado), and Brenda S. Howell No. 77-374Colorado Court of Appeals. Decided December 1, 1977. From award of unemployment benefits to claimant who had worked for employer as a legal secretary, employer sought […]

(257 P.2d 423) UNIVERSITY OF DENVER ET AL. v. NEMETH ET AL. No. 16,945.Supreme Court of Colorado. Decided April 20, 1953. Rehearing denied May 11, 1953. A proceeding under the Workmen’s Compensation Act. Judgment for plaintiff. Affirmed. 1. WORKMEN’S COMPENSATION — Employees — College Students. “The fact that students augment the funds necessary for their […]

The People of the State of Colorado, Plaintiff-Appellant, v. Simon Samuel Edwards, Jr., and Keith Randall Titsworth, Defendants-Appellees. No. 92SA185Supreme Court of Colorado. Decided September 21, 1992. Interlocutory Appeal from the District Court, El Paso County Honorable Mary Jane Looney, Judge John Suthers, District Attorney, David L. Geislinger, Deputy District Attorney, for Plaintiff-Appellant. Terrence T. […]

(410 P.2d 171) Alfred L. Capra, Manager of Safety and Excise of the City and County of Denver, Plaintiff, v. U-Tote’m of Colorado, Inc., Defendant. No. 21088Supreme Court of Colorado. Decided January 24, 1966. From judgment reversing Manager of Safety and ordering that 3.2% beer license applied for be issued, Manager brings error. Reversed 1. […]

ONE CREATIVE PLACE, LLC, a Colorado limited liability company, and JetAway Aviation, LLC, a Colorado limited liability company, Plaintiffs-Appellees, v. JET CENTER PARTNERS, LLC, Intervenor-Appellant. No. 10CA1887.Colorado Court of Appeals. May 26, 2011. Appeal from the District Court, Montrose County, James W. Schum, J. Page 1288 Ireland Stapleton Pryor Pascoe, P.C., Mark E. Haynes, Kelley […]

(472 P.2d 128) Board of County Commissioners of the County of Teller, State of Colorado v. The District Court in and for the County of Teller and State of Colorado, The Honorable Patrick M. Hinton, Judge Presiding; Stafford N. Ordahl, Carol M. Kenney and John Wondergem. No. 24802.Supreme Court of Colorado. Decided July 20, 1970. […]

The People of the State of Colorado, Plaintiff-Appellant, v. Kristie Ann Hoisington, Defendant-Appellee. No. 94CA0461Colorado Court of Appeals. Decided February 23, 1995. Petition for Rehearing DENIED March 30, 1995. Petition for Writ of Certiorari DENIED September 5, 1995. Appeal from the District Court of Jefferson County Honorable Thomas Woodford, Judge No. 92CR1842. JUDGMENT AFFIRMED. David […]

(371 P.2d 269) INDUSTRIAL COMMISSION OF COLORADO, ET AL., v. DONATO LOPEZ, ET AL. No. 19,846.Supreme Court of Colorado. Decided April 30, 1962. Rehearing denied May 21, 1962. From a judgment directing entry of an award the Industrial Commission and insurer bring error. Affirmed. 1. WORKMEN’S COMPENSATION — Employers — Joint Enterprise — Liability. Where […]

(351 P.2d 392) W. J. MORLEY, ET AL. v. R. L. GIESEKER, ET AL. No. 18,759.Supreme Court of Colorado. Decided April 25, 1960. Action to recover deposit on purchase of real property upon failure to provide marketable title. Judgment for plaintiffs. Affirmed. 1. REAL PROPERTY — Marketable Title — Words and Phrases. The term “marketable […]

The People of the State of Colorado, Complainant, v. Kenneth K. Frank, Attorney-Respondent. No. 87SA428Supreme Court of Colorado. Decided February 8, 1988. Original Proceeding in Discipline Linda S. Donnelly, Disciplinary Prosecutor, George S. Meyer, Deputy Disciplinary Prosecutor, for Complainant. Daniel T. Michaels, for Attorney-Respondent. EN BANC JUSTICE LOHR delivered the Opinion of the Court. [1] […]

The People of the State of Colorado, Plaintiff-Appellant, v. Robert Jay Raffaelli, Defendant-Appellee. No. 81SA560Supreme Court of Colorado. Decided June 28, 1982. Interlocutory Appeal from the District Court, Mesa County, Honorable William Ela, Judge. Page 231 Terrance Farina, District Attorney, James R. Alvillar, Chief Deputy District Attorney, for plaintiff-appellant. J. Gregory Walta, Colorado State Public […]

Carmen G. Ruybal-Masias, Richard D. Travis, and Brenda Watson, Plaintiffs-Appellants, v. Department of Personnel, and André N. Pettigrew, Executive Director, in his official capacity, Defendants-Appellees. No. 97CA1702Colorado Court of Appeals. January 21, 1999 Appeal from the District Court of the City and County of Denver, Honorable Connie L. Peterson, Judge, No. 97CV938 JUDGMENT REVERSED AND […]

Ace Tile Company, Inc., d/b/a Ace Tile Terrazzo, Inc., Plaintiff-Appellee, v. Casson Construction Company, Inc., Defendant-Appellant, v. Victor F. Boog, Appellant, and Sam W. Miller, August E. Waegemann; and Union Square Development Company, Defendants-Appellees. No. 85CA0989Colorado Court of Appeals. Decided January 30, 1986. Appeal from the District Court of Jefferson County Honorable Winston W. Wolvington, […]

Mattas Motors, Inc., a Colorado corporation, Plaintiff-Appellee, v. Heritage Homes of Nebraska, Inc., Defendant-Appellant. No. 85CA0244Colorado Court of Appeals. Decided December 3, 1987. Appeal from the District Court of Mesa County Honorable Jose D. L. Marquez, Judge Page 459 Traylor, Arnold, Tompkins Black, Robert Traylor, for Plaintiff-Appellee. Schenk, Kerst deWinter, William J. deWinter, John R. […]

(481 P.2d 420) The People of the State of Colorado, Neil Tasher, Inheritance Tax Commissioner of the State of Colorado v. Estate of William J. Murphy, deceased, and William J. Fischahs, as Executor No. 70-543 (Supreme Court No. 24020)Colorado Court of Appeals. Decided February 2, 1971. Legatees, testator’s children who after divorce had been adopted […]

The People of the State of Colorado, Petitioner, In the Interest of S.J.C. and K.E.C., Minor Children, And Concerning K.W.C., Respondent. No. 89SA65Supreme Court of Colorado. Decided July 24, 1989. Appeal from District Court, Grand County Honorable Richard P. Doucette, Judge. Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, […]

(494 P.2d 1287) Martin F. Abrahamsen v. Mountain States Telephone and Telegraph Company, a corporation, Jack Egan, Herbert L. Williams, Smith-Brooks Printing Company, a corporation, Fred Vessels, Charles Sellier, James E. Kempter and Dennis Peterson Page 423 No. 24562Supreme Court of Colorado. Decided March 13, 1972. Rehearing denied April 10, 1972. Action by plaintiff against […]