Category: Colorado Court Opinions

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Patrick Lamar EFFERSON, Defendant-Appellant. No. 03CA0934.Colorado Court of Appeals. May 19, 2005. Certiorari Denied November 7, 2005. Appeal from the Arapahoe County District Court, Michael Spear, J. Page 1039 John W. Suthers, Attorney General, Laurie A. Booras, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee. Bradley A. […]

Colorado State Board of Dental Examiners, Petitioner-Appellee, v. Neil George Norton, D.D.S., Respondent-Appellant. No. 99CA0805.Colorado Court of Appeals. April 13, 2000. Appeal from the Colorado State Board of Dental Examiners DE No. 97-05 ORDER AFFIRMED IN PART, VACATED IN PART, AND CAUSE REMANDED WITH DIRECTIONS Page 1183 Ken Salazar, Attorney General, Kevin D. Heupel, Assistant […]

Bennett Bear Creek Farm Water and Sanitation District; Meadowbrook Water District; Willowbrook Water and Sanitation District; Cherry Creek Valley Water and Sanitation District; Cherry Moor Water District; Cherryridge Water and Sanitation District; Devonshire Heights Water and Sanitation District; Lakehurst Water and Sanitation District; City of Littleton; North Pecos Water and Sanitation District; Platte Canyon Water […]

Shayne Padilla, through her legal guardians and next friends, Mariano Padilla and Michelle Padilla, Plaintiff-Appellant, v. School District No. 1 in the City and County of Denver, Colorado; the Denver School District Board of Education, Defendants-Appellees. No. 98CA0783Colorado Court of Appeals. September 30, 1999 Certiorari Granted May 22, 2000. Appeal from the District Court of […]

The People of the State of Colorado, Petitioner, v. Robert Allen Schoondermark, Respondent. No. 85SC503Supreme Court of Colorado. Decided July 18, 1988. Rehearing Denied August 8, 1988. Certiorari to the Colorado Court of Appeals Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, Solicitor General, Patricia Clark, Assistant Attorney General, […]

The People of the State of Colorado v. Tommy L. Police No. 81CA0392Colorado Court of Appeals. Decided May 6, 1982. Rehearing denied June 10, 1982. Certiorari denied September 13, 1982. Appeal from the District Court of the City and County, of Denver, Honorable Roger Cisneros, Judge. J.D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy Attorney […]

(472 P.2d 169) John Ernest Garcia v. The People of the State of Colorado. No. 23610.Supreme Court of Colorado. Decided August 4, 1970. Defendant was convicted of attempting to wilfully and forcibly break and enter into the dwelling house of a named person with intent to steal and brought error. Affirmed. 1. BURGLARY — Intent […]

(568 P.2d 441) Marvin E. Schleiger and Margaret Schleiger v. State of Colorado, Colorado State Hospital, Charles E. Meredith, M.D., Superintendent No. C-906Supreme Court of Colorado. Decided August 29, 1977. Action by State, state hospital and superintendent to require payment of certain amounts alleged to be due and owing by defendants as a result of […]

Shell Western EP, Inc., Petitioner-Appellant, v. Board of County Commissioners of Dolores County, Colorado, Respondent-Appellee, and Board of Assessment Appeals, State of Colorado, Appellee. No. 94CA1772Colorado Court of Appeals. Decided December 21, 1995 Petition for Rehearing DENIED February 15, 1996 Petition for Writ of Certiorari GRANTED September 3, 1996 Appeal from the Colorado Board of […]

Aztec Minerals Corporation, Gray Eagle Mining Corporation, and South Mountain Minerals Corporation, Plaintiffs-Appellants, v. State of Colorado, Roy Romer, Governor; Colorado Department of Public Health and Environment, Patricia Nolan, Executive Director; Colorado Department of Natural Resources, James L. Lochhead, Executive Director, Defendants-Appellees. No. 98CA0303Colorado Court of Appeals. March 18, 1999 Rehearing Denied April 15, 1999. […]

(213 P.2d 385) POLZ v. DONNELLY. No. 16,234.Supreme Court of Colorado. Decided December 12, 1949. An action on a promissory note. Judgment for plaintiff on his complaint, and for defendant on his counterclaim. Judgment on Counterclaim Reversed. 1. TRIAL — Fact Issues — Proof. “Mere possibilities leave the solution of an issue of fact in […]

(361 P.2d 142) ANDERSEN-RANDOLPH CO., INC. v. SAM T. TAYLOR No. 19,348.Supreme Court of Colorado. Decided April 10, 1961. Rehearing denied May 1, 1961. Action against broker to recover agreed price of corporate stock sold. Judgment for plaintiff. Affirmed. 1. SALES — Corporate Stock — Broker — Acceptance. Where plaintiff offered to sell corporate stock […]

The People of The State of Colorado, Plaintiff-Appellee, v. Raymond King, Defendant-Appellant. No. 86CA0078Colorado Court of Appeals. Decided June 16, 1988. Rehearing Denied July 21, 1988. Certiorari Granted King November 28, 1988 (88SC405). Appeal from the District Court of Weld County Honorable Donald E. Campbell, Judge Duane Woodard, Attorney General, Charles H. Brown, Special Assistant […]

91 P.2d 989 PEOPLE v. HARRIS. No. 14,309.Supreme Court of Colorado. Decided May 29, 1939. Writ of error to review a judgment of acquittal in a criminal case involving a charge of unlawful picketing. Judgment Affirmed. 1. LABOR — Unions. Labor has the right to organize and to lawfully protect its economic interests. 2. Picketing. […]

The People of the State of Colorado v. Richard G. Luxford No. 81SA77Supreme Court of Colorado. Decided April 6, 1981. Page 676 Original Proceedings in Discipline Linda Donnelly, Disciplinary Prosecutor, for complainant. Martin P. Miller, for attorney-respondent. En Banc. JUSTICE QUINN delivered the opinion of the Court. [1] A formal complaint was filed with this […]

The People of the State of Colorado, Complainant, v. David Lee Moore, Attorney-Respondent. No. 83SA95Supreme Court of Colorado. Decided January 30, 1984. Original Proceedings in Discipline James P. Hollaway, Committee Counsel, Linda Donnelly, Disciplinary Prosecutor, Supreme Court Grievance Committee, for complainant. David Lee Moore, pro se. En Banc. JUSTICE LOHR delivered the opinion of the […]

(398 P.2d 236) ELMER GONZALEZ [GONZALES], JR., v., THE PEOPLE OF THE STATE OF COLORADO. No. 20322.Supreme Court of Colorado. Decided January 11, 1965. Rehearing denied February 1, 1965. Defendant was convicted of unlawful possession of narcotic drugs and brings error. Affirmed. 1. SEARCHES AND SEIZURES — Supreme Court Decision — Illegally Obtained Evidence — […]

(498 P.2d 935) The People of the State of Colorado v. Walter John Woll No. 24758Supreme Court of Colorado. Decided June 12, 1972. Defendant was convicted of statutory rape and he appealed. Affirmed and Remanded 1. RAPE — Statutory — Evidence — Support — Conviction. Evidence of complaining witness — if believed by the trier […]

(281 P.2d 520) S. MARVIN SOMERHALDER v. Y-W ELECTRIC ASSOCIATION, INC. ET AL. No. 17,329.Supreme Court of Colorado. Decided March 21, 1955. An action for damages for negligence of power company and others. Judgment for defendants. Affirmed. Error to the District Court of Washington County, Hon. Raymond L. Sauter, Judge. Mr. JOSEPH N. LILLY, Mr. […]

(615 P.2d 60) Rita P. Mitten and Gary E. Carter v. Robert C. Weston and Norma L. Weston, Betty Wells and Rick Todd and Apple Ridge, Inc., a Colorado corporation, doing business as Apple Ridge Realty No. 78-718Colorado Court of Appeals. Decided May 8, 1980. Opinion modified and as modified petition for rehearing denied June […]

Penrose Hospital of Colorado Springs, Colorado, a non-profit corporation, Plaintiff-Appellant, v. The City of Colorado Springs, Colorado, a municipal corporation, Defendant-Appellee. No. 89CA2105Colorado Court of Appeals. Decided October 11, 1990. Rehearing Denied November 8, 1990. Appeal from the District Court of El Paso County Honorable James M. Franklin, Judge. Donald E. LaMora; P.J. Anderson, for […]

183 P.2d 985 ESTATE OF EDMUNDSON. EDMUNDSON v. ALLEN, EXECUTRIX. No. 15,893.Supreme Court of Colorado. Decided August 11, 1947. On petition of a widow praying for the entry of a court order decreeing to her a homestead right in real property of the estate of her deceased husband, and that the same should not be […]

Eddie L. Filho and Pamela M. Filho, Plaintiffs-Appellants, v. Mario Rodriguez, Delores E. Rodriguez, Thomas Felber, and Linda Felber, Defendants-Appellees, and Merit Co., Defendant. No. 00CA1485Colorado Court of Appeals. September 27, 2001 El Paso County District Court No. 98CV2845 Honorable Gilbert A. Martinez, Judge. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Page 200 James A. […]

Stephen G. Stavros v. Industrial Commission of the State of Colorado and Moffat County School District RE-1 No. 81CA0126Colorado Court of Appeals. Decided June 18, 1981. Page 1193 Review of Order of the Industrial Commission of the State of Colorado George C. Price, for petitioner. J.D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy Attorney General, […]

(490 P.2d 694) City and County of Denver, A Municipal Corporation; Industrial Commission of Colorado; Director of Department of Labor of the State of Colorado; and State Compensation Insurance Fund (Division of State Compensation Insurance Fund v. John Raymond Dore. No. C-28Supreme Court of Colorado. Decided November 15, 1971. Petition for writ of certiorari to […]

Larry R. Richards, Petitioner, v. Winter Park Recreational Association, and the Industrial Claim Appeals Office, Respondents. No. 95CA2035Colorado Court of Appeals. Decided May 16, 1996 Review of Order from the Industrial Claim Appeals Office, of the State of Colorado, DD No. 1231095. ORDER AFFIRMED Larry R. Richards, Pro Se. Page 934 No appearance for Respondent […]

The People of the State of Colorado, Complainant, v. Diane Hensley-Martin, Attorney-Respondent. No. 88SA467Supreme Court of Colorado. Decided July 16, 1990. Original Proceeding in Discipline Linda Donnelly, Disciplinary Counsel, for Complainant. Eugene Deikman, P.C., Eugene Deikman, for Attorney-Respondent. EN BANC PER CURIAM. [1] On May 29, 1987, a complaint was filed with the Grievance Committee […]

Concerning the Application for Water Rights of the City and County of Broomfield. The CITY AND COUNTY OF BROOMFIELD, a county and Colorado municipal corporation, Applicant-Appellee v. The FARMERS RESERVOIR AND IRRIGATION COMPANY, a Colorado corporation, Opposer-Appellant and Brighton Ditch Company, City of Aurora, Central Colorado Water Conservancy District, City of Englewood, City of Thornton, […]

Depositors’ Committee, Appellant, v. Financial Management Task Force, Inc., Appellee. No. 90CA0031Colorado Court of Appeals. Decided January 31, 1991. Rehearing Denied March 7, 1991. Appeal from the District Court of the City and County of Denver Honorable Robert P. Fullerton, Judge. Faegre Benson, Christian C. Onsager, Margaret M. McNamara, for Appellant. Hopper, Kanouff, Smith, Peryam […]

(592 P.2d 1318) Stonewall Estates, a joint venture consisting of John W. Mecom, Mary Elizabeth Mecom and Clyde Dawn v. CFI Steel Corp., Hoehne Ditch Co., Stanley S. Barron, Jr., Shirley V. Barron, Robert G. Parsons, M. Bernard Parsons, Parsons Land and Cattle Company, Myrtle Parsons Waite, Ray D. Russell, El Moro Ditch Co. and […]

(467 P.2d 789) Leslie A. Gross v. Waldemar S. Appelgren, et ux., et al., and Metropolitan Industrial Bank, a Colorado corporation, The Tappan Co., S. J. Culbertson, and Issac H. Kaiser. No. 22462.Supreme Court of Colorado. Decided January 19, 1970. Rehearing denied May 4, 1970. Action by buyers to rescind contracts for purchase of kitchen […]

(342 P.2d 1040) RAY RYAN, ET AL., AS RYAN OIL COMPANY v. FITZPATRICK DRILLING CO. INC. No. 18,330.Supreme Court of Colorado. Decided June 22, 1959. Action to recover for the value of extra work involved in an oil drilling contract. Judgment for plaintiff. Affirmed. 1. OIL AND GAS — Contract — Ambiguity — Intent of […]

Robert Sakala, Plaintiff-Appellant, v. Safeco Insurance Company of America, Defendant-Appellee. No. 91CA0491Colorado Court of Appeals. Decided June 4, 1992. Appeal from the District Court of Mesa County Honorable David A. Bottger, Judge. Harshman, McBee Coffman, Kay Snider Coffman, Donald L. McBee, for Plaintiff-Appellant. Hall Evans, Alan Epstein, for Defendant-Appellee. Division II. Opinion by JUDGE PLANK. […]

Jeffrey W. Williams, Plaintiff-Appellant, v. The Colorado Air National Guard, and John L. France, Adjutant General, Colorado Air National Guard, in his official and individual capacities, Defendants-Appellees. No. 90CA0804Colorado Court of Appeals. Decided November 21, 1991. Page 923 Appeal from the District Court of the City and County of Denver Honorable Edward A. Carelli, Judge. […]

(342 P.2d 627) BENJAMIN GRAY v. PEOPLE OF THE STATE OF COLORADO. No. 18,751.Supreme Court of Colorado. Decided July 13, 1959. Rehearing denied August 17, 1959. Defendant was convicted of the larceny of livestock and brings error. Affirmed. 1. INDICTMENT AND INFORMATION — Several Counts — One Transaction. Where several counts of an information charged […]

(238 P.2d 847) BROWN v. THE PEOPLE. No. 16,516.Supreme Court of Colorado. Decided October 29, 1951. Rehearing denied November 19, 1951. Plaintiff in error was convicted of robbery. Affirmed. 1. CRIMINAL LAW — Informations — Amendments. A district attorney may file amendments to an information in a criminal case where they are “made long before […]

(549 P.2d 1320) The People of the State of Colorado v. Sherman Ramon McCrary No. 26258Supreme Court of Colorado. Decided May 17, 1976. Rehearing denied June 7, 1976. Defendant was convicted of kidnapping and first-degree murder (felony murder) and appealed. Affirmed 1. VENUE — Change — Judge — Discretion — Pretrial Publicity — Prudent — […]

83 P.2d 775 BROWNLOW ET AL. v. WUNSCH ET AL. No. 14,439.Supreme Court of Colorado. Decided October 13, 1938. Proceeding involving the sufficiency of a petition for the initiation of a constitutional amendment. Petition held sufficient. Affirmed. 1. INITIATIVE AND REFERENDUM — Statutes — Construction. A constitutional provision for the in initiative and referendum, and […]

82 P.2d 757 ARRIDY v. THE PEOPLE. No. 14,260.Supreme Court of Colorado. Decided July 11, 1938. Rehearing denied September 19, 1938. Plaintiff in error was convicted of murder and sentenced to death. Affirmed. 1. CRIMINAL LAW — Murder — Insanity — Res Judicata. The fact that defendant in a homicide case has been adjudged to […]

Joan L. SAVAGE, Plaintiff-Appellee and Cross-Appellant, v. WILLIAMS PRODUCTION RMT COMPANY, successor by merger to Barrett Resources Corporation, Defendant-Appellant and Cross-Appellee. No. 04CA0792.Colorado Court of Appeals. October 20, 2005. Certiorari Denied August 14, 2006. Appeal from the District Court, Garfield County, Thomas W. Ossola, J. Page 68 Dufford Waldeck Milburn Krohn LLP, Christopher G. McAnany, […]

(554 P.2d 1360) Carolyn L. Medina v. Industrial Commission of the State of Colorado (Ex-Officio Unemployment Compensation Commission of Colorado) No. 76-206Colorado Court of Appeals. September 16, 1976. Petitioner sought review of an Industrial Commission order which denied her unemployment compensation benefits on the ground that she was able and available only for part-time work. […]

Glenn Arms Associates, Tom Hansen and Ed Willems, Plaintiffs-Appellees, v. Century Mortgage Investment Corporation, a Colorado corporation, and William Stromer, individually, Defendants-Appellants. No. 81CA0664Colorado Court of Appeals. Decided February 9, 1984. Rehearing Denied March 8, 1984. Appeal from the District Court of the City and County of Denver Honorable Roger Cisneros, Judge Page 1316 Thomas […]

The PEOPLE of the State of Colorado, Petitioner, v. Nathaniel Christopher ISAACKS, Respondent. No. 05SC87.Supreme Court of Colorado. April 24, 2006. Rehearing Denied May 15, 2006.[*] [*] Justice COATS would grant the petition; Justice EID does not participate. Page 1191 John W. Suthers, Attorney General, Cheryl Hone, Assistant Attorney General, Appellate Division, Criminal Justice Section, […]

(499 P.2d 309) Henry Constantine v. The People of the State of Colorado No. 24689Supreme Court of Colorado. Decided July 24, 1972. Defendant was convicted of rape and brought error. Affirmed 1. INSTRUCTIONS, CRIMINAL — Presumption of Innocence — Rape — Error — Negative. Where defendant was convicted of rape and now claims on writ […]

The People of the State of Colorado, Plaintiff-Appellee, v. Michael W. Hanson, Defendant-Appellant. No. 94CA0316Colorado Court of Appeals. Decided April 4, 1996 Rehearing Denied May 16, 1996 Petition for Writ of Certiorari DENIED November 25, 1996. Page 777 Appeal from the District Court of Mesa County, Honorable Nicholas R. Massaro, Judge, No. 93CR377. JUDGMENT AFFIRMED […]

Herschel E. Warman, Plaintiff-Appellee, v. Motor Vehicle Division, Department of Revenue, State of Colorado, Defendant-Appellant. No. 86CA0722Colorado Court of Appeals. Decided June 18, 1987. Rehearing Denied July 16, 1987. Certiorari Granted Motor Vehicle Division October 19, 1987 (87SC288). Appeal from the District Court of Adams County Honorable Dorothy E. Binder, Judge Law Firm of Chris […]

(593 P.2d 1363) David Johnson, Anthony Vigil, and Brent Perkins v. Motor Vehicle Division, Department of Revenue, State of Colorado No. 28171Supreme Court of Colorado. Decided April 30, 1979. Rehearing denied May 21, 1979. Action by appellants for a declaratory judgment and for injunctive relief to invalidate the provisions of section 42-2-106(3), C.R.S. 1973 (requiring […]

In the Matter of the Estate of Mary Lu Grasseschi, Thomas A. Grasseschi, Petitioner-Appellee, v. Robert R. Smiley, as Personal Representative of the Estate of Mary Lu Grasseschi, Deceased, Respondent-Appellant. No. 87CA1058Colorado Court of Appeals. Decided May 4, 1989. Rehearing Denied 06/15/89 Certiorari Denied November 13, 1989 (89SC382) (785 P.2d 1253). Appeal from the District […]

(591 P.2d 1336) Albert Marin v. Colorado Department of Revenue, Alan N. Charnes, Executive Director of the Colorado Department of Revenue, Jon A. Rogers, Hearing Officer of the Colorado Department of Revenue, and George Theobald, Chief Hearing Officer of the Colorado Department of Revenue No. 78-430Colorado Court of Appeals. Decided December 7, 1978. Rehearing denied […]

(363 P.2d 185) J. L. SMITH v. JEAN H. EICHHEIM, ET AL. No. 19,216.Supreme Court of Colorado. Decided July 3, 1961. Action for damages to wheat crop from fire. Judgments for plaintiffs. Affirmed and Remanded. 1. NEGLIGENCE — Crops — Danger — Standard of Care. In an action for damages to wheat crop resulting from […]

The People of the State of Colorado, Complainant, v. L. Frank Bergner, Jr., Attorney-Respondent. No. 94SA71Supreme Court of Colorado. Decided May 2, 1994 Original Proceeding in Discipline PUBLIC CENSURE Linda Donnelly, Disciplinary Counsel, Kenneth B. Pennywell, Assistant Disciplinary Counsel of Denver, Colorado, Attorneys for Complainant Attorney-Respondent appearing Pro Se, of Aurora, Colorado EN BANC PER […]

(570 P.2d 15) City of Pueblo, Colorado v. Hugh H. C. Weed Executor Director of Revenue, State of Colorado No. 76-757Colorado Court of Appeals. Decided June 9, 1977. Opinion modified and as modified petition for rehearing denied July 7, 1977. Certiorari denied October 11, 1977. In action by city challenging revenue director’s refusal to refund […]

Shirley Ferris, Plaintiff-Appellant, v. Bakery, Confectionery and Tobacco Union, Local 26, Defendant-Appellee. No. 92CA0751Colorado Court of Appeals. Decided June 3, 1993. Rehearing Denied July 29, 1993. Certiorari pending 08/18/93 (93SC493). Page 39 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 40 Appeal […]

(225 P.2d 54) LAMPTON ET AL. v. McINTOSH. No. 16,396.Supreme Court of Colorado. Decided November 13, 1950. An action to require the conveyance to plaintiffs of real property occupied by them under a lease and option. Judgment for defendant Affirmed. 1. APPEAL AND ERROR — Harmless Error. Error on the part of the trial court, […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Joseph L. WHALEY, Defendant-Appellant. No. 05CA0015.Colorado Court of Appeals. November 16, 2006. Rehearing Denied January 25, 2007. Appeal from the District Court, Adams County, No. 03CR3049, C. Scott Crabtree, J. Page 758 John W. Suthers, Attorney General, Rebecca A. Adams, Assistant Attorney General, Denver, Colorado, for […]

(420 P.2d 827) George L. Coon and Maxine B. Coon v. District Court in and for the County of Boulder and State of Colorado, and Honorable William E. Buck as District Judge. No. 22458Supreme Court of Colorado. Decided December 12, 1966. Original proceeding pertaining to denial of motion to vacate judgment entered upon a cognovit […]

Thomas V. Galie, Plaintiff-Appellant, v. RAM Associates Management Services, Inc., a Colorado corporation, P.J. Collins and Larry Bear, Defendants-Appellees. No. 86CA0322Colorado Court of Appeals. Decided May 19, 1988. Appeal from the District Court of the City and County of Denver Honorable Raymond D. Jones, Judge Page 177 Calkins, Kramer, Grimshaw Harring, Charles E. Norton, Charles […]

(571 P.2d 1078) The People of the State of Colorado v. Darrell Vernon Pickett No. 27614Supreme Court of Colorado. Decided October 24, 1977. Defendant was convicted of felony menacing, possession of an illegal weapon, and carrying a concealed weapon and appealed. Affirmed 1. APPEAL AND ERROR — Constitutional Issues — Failure to Preserve — Not […]

Dependable Insurance Company, Inc., a Florida corporation, and Dependable Warranty Company, Inc., a Florida corporation, Judgment Creditors-Appellees, v. Automobile Warranty Corporation, a Colorado corporation, Judgment Debtor-Appellant. No. 89CA1585Colorado Court of Appeals. Decided August 30, 1990. Appeal from the District Court of Jefferson County Honorable Kenneth E. Barnhill, Judge Page 1309 Gorsuch, Kirgis, Campbell, Walker and […]

Larry Margolis, Wayne H. Roth and Robert Wiegand, II, Petitioners, v. District Court in and for the County of Arapahoe and State of Colorado and the Honorable George B. Lee, Jr., one of the Judges thereof, Respondents. Robert R. Wright, Edna S. Webster and Norma D. Beard, Petitioners, v. The City of Lakewood, a Municipal […]

The People of the State of Colorado, Plaintiff-Appellee, v. Delbert Larson, Defendant-Appellant. No. 01CA1052.Colorado Court of Appeals. February 12, 2004. Certiorari Denied September 7, 2004.[*] [*] Justice COATS does not particiapte. Justice BENDER would grant as to the following issue: Whether the trial court erred in admitting prior bad acts evidence. City and County of […]

(489 P.2d 1304) Phil. A. Britto and Vernon L. McKim v. District Court in and for the City and County of Denver, Second Judicial District, and Gilbert A. Alexander, A Judge Thereof. No. 25303Supreme Court of Colorado. Decided October 26, 1971. Original proceeding for writ of prohibition. Rule to show cause issued. Rule Made Absolute […]

(561 P.2d 355) Larry E. Pust v. The Union Supply Company, a Colorado corporation v. Holly Sugar Corporation, a New York corporation No. 75-384Colorado Court of Appeals. Decided December 16, 1976. Rehearing denied January 13, 1977. Certiorari granted March 14, 1977. In products liability action based on strict liability and implied warranty arising from injury […]

(601 P.2d 1366) The People of the State of Colorado v. Jose Gonzales No. C-1638Supreme Court of Colorado. Decided October 22, 1979. Certiorari to review decision of court of appeals, 43 Colo. App. 312, 602 P.2d 6 (1978), granting defendant a new trial on the basis of trial court’s refusal to grant him a severance […]

(511 P.2d 517) Emmett Ossman v. The Mountain States Telephone and Telegraph Company, a Colorado Corporation No. 72-237Colorado Court of Appeals. Decided April 24, 1973. Rehearing denied May 15, 1973. Certiorari granted July 9, 1973. Claims and counterclaims were filed as a result of defendant’s having inadvertently crossed a portion of plaintiff’s land with telephone […]

(304 P.2d 633) JOE ARMIJO, JR., ET AL. v. PEOPLE OF THE STATE OF COLORADO. No. 17,989.Supreme Court of Colorado. Decided December 3, 1956. Rehearing denied December 31, 1956. Co-defendants seek reversal of second degree murder conviction. Affirmed. 1. CRIMINAL LAW — Homicide — Voluntary Manslaughter — Instruction. Where there is competent evidence that conceivably […]

107 P.2d 599 THE PEOPLE v. WILSON. No. 14,656.Supreme Court of Colorado. Decided October 7, 1940. Rehearing denied November 12, 1940. Defendant in error was found not guilty of a criminal charge contained in the first count of an information, and guilty on the second count. On motion the second count was dismissed by the […]

Walter Maitland and Ruth V. Maitland, Plaintiffs, v. Board of County Commissioners of the County of Larimer, Intervenor-Appellee, v. Leslie B. Denning, Defendant-Appellant. No. 83CA1218Colorado Court of Appeals. Decided December 27, 1984. Rehearing Denied February 7, 1985. Certiorari Denied June 24, 1985. Appeal from the District Court of Larimer County Honorable William F. Dressel, Judge […]

(521 P.2d 778) The People of the State of Colorado ex rel. Terrance Lee Farina, District Attorney in and for the 21st Judicial District, State of Colorado v. The District Court of the 21st Judicial District and the Honorable James J. Carter, presiding judge thereof No. 26337Supreme Court of Colorado. Decided April 8, 1974. Original […]

(345 P.2d 1083) ROBERT B. ROGERSON v. LLOYD K. RUDD. No. 18,478.Supreme Court of Colorado. Decided November 2, 1959. Rehearing denied November 23, 1959. Action to rescind contract for the purchase of registered cattle. Summary judgment for plaintiff. Reversed. 1. APPEAL AND ERROR — Judgment — Reversal — Remand. Where the Supreme Court on a […]

The People of the State of Colorado, Plaintiff-Appellee, v. Barry L. Higgins, Defendant-Appellant. No. 95CA0223Colorado Court of Appeals. Decided April 18, 1996 Petition for Rehearing DENIED June 27, 1996 Appeal from the District Court of Boulder County, Honorable Richard C. McLean, Judge, No. 94CR79. ORDER AFFIRMED Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief […]

203 P.2d 915 THE ALDEN SIGN COMPANY v. ROBLEE. No. 16,185.Supreme Court of Colorado. Decided March 7, 1949. On motion to stay execution. Motion Denied. 1. PRACTICE AND PROCEDURE — Supersedeas — Stay of Execution. Whenever a plaintiff in error desires a stay of execution pending the determination of a writ of error, he may […]

50 P.2d 792 AMERICAN SURETY COMPANY OF NEW YORK v. CAPITOL BUILDING AND LOAN ASSOCIATION. No. 13,479.Supreme Court of Colorado. Decided October 21, 1935. Action on fidelity bond. Judgment for plaintiff. Reversed. 1. APPEAL AND ERROR — Sufficiency of Evidence. In an action on a fidelity bond, evidence reviewed and held insufficient to establish the […]

The People of the State of Colorado, Complainant, v. Hannah Jeanette Shipp Valley Attorney-Respondent. Nos. 97SA385 98SA67Supreme Court of Colorado. June 22, 1998 Original Proceedings in Discipline ATTORNEY DISBARRED Linda Donnelly, Disciplinary Counsel, John S. Gleason, Deputy Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. No Appearance By or on Behalf of Attorney-Respondent EN BANC PER […]

In re the MARRIAGE OF Melodee IKELER, n/k/a Melodee Crawford, Appellant and Cross-Appellee, and Douglas E. Ikeler, Appellee and Cross-Appellant. No. 05CA0649.Colorado Court of Appeals. August 24, 2006. Certiorari Granted December 18, 2006. Appeal from the District Court, City and County of Denver, No. 04DR1523, Catherine A. Lemon, J. Page 348 [EDITORS’ NOTE: THIS PAGE […]

(390 P.2d 819) MANUEL McGRAW v. THE PEOPLE OF THE STATE OF COLORADO. No. 20,865.Supreme Court of Colorado. Decided March 30, 1964. Defendant was convicted of aggravated robbery and brings error. Affirmed. 1. CRIMINAL LAW — Search and Seizure — Consent. Testimony of police officer that prior to conducting search he sought and received permission […]

(543 P.2d 524) A. G. Shoptaugh v. The Board of County Commissioners of El Paso County No. 75-229Colorado Court of Appeals. Decided October 9, 1975. Rehearing denied November 6, 1975. Certiorari denied January 5, 1976. Board of county commissioners disapproved proposed subdivision plat of certain land which, at that time, was zoned for agricultural purposes. […]

(345 P.2d 384) EARL K. HANNA, ET AL. v. ROBERT L. HENDERSON, ET AL. No. 18,295.Supreme Court of Colorado. Decided October 26, 1959. From a judgment affirming the action of city council in granting a beverage license the protestants bring error. Affirmed. 1. CERTIORARI — Appeal and Error — Transcript of Proceedings — Sufficiency. Where […]

(464 P.2d 515) Charles J. Arnold, a/k/a Mark Moore v. The City and County of Denver. No. 24189.Supreme Court of Colorado. Decided January 12, 1970. Rehearing denied February 24, 1970. Defendant was convicted in the county court under a portion of Denver’s vagrancy ordinance, and after conviction was affirmed by superior court certiorari was granted […]

(483 P.2d 218) The People of the State of Colorado v. Portis G. Welch. No. 25017.Supreme Court of Colorado. Decided April 5, 1971. Original proceedings in discipline. Attorney-Respondent Disbarred 1. ATTORNEYS AT LAW — Defrauding of Clients — Misrepresentation — Wilfully Misled Canadian Solicitor — Neglect — Disbarment. Where record reflects that attorney defrauded clients […]

(328 P.2d 111) JAMES H. PRATHER, ET AL. v. DISTRICT COURT OF WELD COUNTY, ET AL. No. 18,630.Supreme Court of Colorado. Decided July 21, 1958. Original Proceeding in the nature of Prohibition. Rule to show cause issued. Rule Made Absolute. 1. JUDGMENT — Motion to Vacate — Cognovit Note — Conditions. Where judgment is entered […]

(426 P.2d 762) Beverly Wheeler, Neale Pine, Donald J. McCollum and Charles A. Anderson, Individually; Mary Arie, Lawrence O. Combs, James W. Draper, Harriet A. Hayes and Bonnie Reinoehl, Taxpaying Electors of Gilpin County, Colorado, Xen Hosler, E. G. Burnkrant, Kenneth E. Brown, Peter T. Hansson, Forrest E. Cook, Ruth M. Johnson and Sarah Binford […]

In re the Marriage of Brigitte Burke, Appellee, and Michael B. Burke, Appellant. No. 01CA0231Colorado Court of Appeals. November 23, 2001 City and County of Denver District Court No. 97DR3452; Honorable Martin F. Egelhoff, Judge. ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Page 1227 Conrad R. Kindsfather Associates, Conrad R. Kindsfather, Arvada, Colorado, for Appellee […]

In Re: Michael Stone, Robert Knaus, and The Boulder Daily Camera, Respondents-Appellants. No. 82CA1260Colorado Court of Appeals. Decided June 6, 1985. Appeal from the District Court of Boulder County Honorable Murray Richtel, Judge Page 1320 Kelly, Haglund, Garnsey Kahn, Edwin S. Kahn, Stephen H. Kaplan, Special Prosecutor-Appellee. Cooper Kelley, P.C., Thomas B. Kelley, for Respondents-Appellants. […]

(504 P.2d 358) Daniel A. Larrabee v. Edna Irene Larrabee No. 71-440Colorado Court of Appeals. Decided December 5, 1972. In divorce action, trial court ordered that real property located in Texas be awarded to wife. Husband appealed. Affirmed 1. DIVORCE — Property Division — Factors Considered. In determining the proper division of property in a […]

(449 P.2d 824) William Henry Cokley, Alias James Leo Williams v. The People of the State of Colorado. No. 22706.Supreme Court of Colorado. Decided January 27, 1969. Rehearing denied February 10, 1969. Defendant was convicted of aggravated robbery and conspiracy and brought error. Affirmed. 1. CRIMINAL LAW — Evidence — Crime — Inculpation — Beyond […]

County Workers Compensation Pool, Petitioner, v. Wayne Davis, Respondent. No. 90SC504Supreme Court of Colorado. Decided September 16, 1991. Opinion Modified, and as Modified Rehearing Denied October 7, 1991. Certiorari to the Colorado Court of Appeals. Page 522 Greengard, Senter, Goldfarb Rice, Thomas S. Rice, Kris D. Bicknell, Karen Treece Peterson, for Petitioner. John Gehlhausen, P.C., […]

150 P.2d 67 ANKENMAN v. NEEDLE ROCK DITCH COMPANY ET AL. No. 15,333.Supreme Court of Colorado. Decided June 26, 1944. A water adjudication proceeding. The judgment was adverse to petitioner. Affirmed. On Application for Supersedeas. 1. WATER RIGHTS — Adjudication — Appeal and Error. In a water adjudication proceeding, the decree of the trial court […]

178 P.2d 672 ROYAL INDEMNITY COMPANY v. MARKLEY, DOING BUSINESS AS M. M. TRUCK COMPANY. No. 15,585Supreme Court of Colorado. Decided March 17, 1947. An action on an automobile insurance policy. Judgment for plaintiff. Affirmed. 1. WORDS AND PHRASES — Permit — Permission. The words “permit,” and “permission” as used in an automobile insurance policy, […]

The People of the State of Colorado, Plaintiff-Appellee, v. West Rodrick Rivers, Defendant-Appellant. No. 84CA1192Colorado Court of Appeals. Decided May 15, 1986. Rehearing Denied June 19, 1986. Certiorari Denied Rivers October 14, 1986 (86SC255). Appeal from the District Court of Mesa County Honorable William M. Ela, Judge Page 395 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

In re the Marriage of Teri L. Dion, f/k/a Teri L. Holland, Appellee, and Thomas V. Holland, Appellant. No. 96CA0696Colorado Court of Appeals. September 18, 1997 Rehearing Denied November 28, 1997 Appeal from the District Court of the City and County of Denver, Honorable H. Jeffrey Bayless, Judge, No. 77DR70228 ORDER AFFIRMED Page 969 Frolich […]

(536 P.2d 331) Donald M. Svaldi, II, by his father and next friend, Donald M. Svaldi v. The City of Lakewood, County of Jefferson, State of Colorado, a municipality; The Municipal court in and for the city of Lakewood, County of Jefferson, State of Colorado, Division B; and the Honorable Joseph G. Studholme, Judge No. […]

Delta Sales Yard, Plaintiff-Appellant, v. Pepper Patten, Defendant-Appellee. No. 92CA1449Colorado Court of Appeals. Decided September 9, 1993. Rehearing Denied November 4, 1993. Certiorari Granted March 21, 1994. Page 555 Appeal from the District Court of Lincoln County Honorable Norman L. Arends, Judge Page 556 Woodrow, Roushar Carey, Frank J. Woodrow, for Plaintiff-Appellant. Gale A. Norton, […]