Category: Colorado Court Opinions

The People of the State of Colorado, Petitioner-Appellee, In The Interest Of: K.M.J., and E.C.J., Minor Children, and concerning: B.J., and C.A., Respondents-Appellants. No. 83CA1021Colorado Court of Appeals. Decided November 15, 1984. Rehearing Denied December 13, 1984. Certiorari Denied April 22, 1985. Appeal from the Juvenile Court of the City and County of Denver Honorable […]

40 P.2d 241 ODESCALCHI v. MARTIN ET AL. No. 13,415.Supreme Court of Colorado. Decided January 7, 1935. Action involving construction of a will and for a decree directing trustees to pay to plaintiff certain income from the estate. Judgment for plaintiff. Affirmed. 1. WILLS — Construction. The intent of the testator is the controlling consideration […]

152 P.2d 994 KIRKPATRICK v. McCARTY. No. 15,176.Supreme Court of Colorado. Decided October 23, 1944. An action for damages for personal injuries growing out of an automobile accident. Judgment for defendant in error McCarty. Affirmed. 1. PRINCIPAL AND AGENT — Agent’s Authority. Where an agent steps aside from the principal’s business to do an act […]

89 P.2d 535 TUBBS ET AL. v. HILLIARD, CONSERVATOR OF THE ESTATE OF NEWELL, A MENTAL INCOMPETENT. No. 14,357Supreme Court of Colorado. Decided April 3, 1939. Action to set aside the assignment of an interest in an estate on grounds of mental incompetency of the assignor and fraud of the assignee. Judgment for plaintiff. Affirmed. […]

(557 P.2d 396) Thomas Wells and Associates v. Cardinal Properties, Inc., a Texas corporation; Mid-Continent Life Insurance Company, an Oklahoma corporation; and Joseph F. Gordon and Goldie A. Brown as Public Trustee of Gunnison County No. C-827Supreme Court of Colorado. Decided December 6, 1976. Action to foreclose a mechanic’s lien. Trial court dismissed the action, […]

(551 P.2d 702) Meredith M. Flanigan v. Public Employees’ Retirement Association No. 26957Supreme Court of Colorado. Decided June 28, 1976. Appeal by employee of state department of highways from a ruling of the district court denying her claim for disability retirement benefits from public employees’ retirement association. Affirmed 1. LIMITATION OF ACTIONS — Cause of […]

The PEOPLE of the State of Colorado, Petitioner v. Mark Joseph GABRIESHESKI, Respondent. No. 08SC945.Supreme Court of Colorado. October 24, 2011. Appeal from the District Court, El Patrick Kelly, J. Page 654 Daniel H. May, District Attorney, Fourth Judicial District, Doyle Baker, Deputy District Attorney, Colorado Springs, Colorado, Attorneys for Petitioner. McClintock McClintock, P.C., Elizabeth […]

(366 P.2d 134) JEFFERSON COUNTY BANK OF LAKEWOOD, COLORADO v. ARMORED MOTORS SERVICE, ET AL. No. 19,748.Supreme Court of Colorado. Decided November 13, 1961. Action against Armored motor service for loss of money in transit. From a judgment for less than amount claimed, the plaintiff brings error. Affirmed. 1. BAILMENTS — Armored Motor Service — […]

The People of the State of Colorado, Plaintiff-Appellee, v. Quintin Keith Wortham, Defendant-Appellant. No. 82CA1379Colorado Court of Appeals. Decided March 22, 1984. Rehearing Denied April 26, 1984. Certiorari Denied November 5, 1984. Appeal from the District Court of Weld County Honorable Hugh H. Arnold, Judge Page 877 Duane Woodard, Attorney General, Charles B. Howe, Chief […]

(607 P.2d 1291) The People of the State of Colorado v. Leonard Ray Hardin No. 79SC137Supreme Court of Colorado. Decided February 19, 1980. Rehearing denied March 10, 1980. Defendant appeals from convictions of first-degree assault, second-degree assault, attempted criminally negligent homicide, and a crime of violence. Reversed in Part, Affirmed in Part, and Remanded for […]

Timothy C. Wirt, M.D., P. C. and James S. Warson, M.D., P.C., Claimants-Appellees, v. Helen Prout, as Personal Representative of the Estate of Mabel Eileen Payne, and Helen Prout, as Personal Representative of the Estate of E. Milton Payne, Defendants-Appellants. No. 85CA1801Colorado Court of Appeals. Decided March 10, 1988. Appeal from the District Court of […]

Art Shaw, Plaintiff-Appellee, v. Sargent School District No. RE-33-J, acting through its Board of Education, John H. McCormick, Shirley A. McCullough, Michael M. Mitchell, Bob Mattive, and Lee A. Wheeler, Defendants-Appellants. No. 00CA0248Colorado Court of Appeals. February 15, 2001 Page 447 Rio Grande County District Court No. 98CV0059, Honorable O. John Kuenhold, Judge. JUDGMENT AFFIRMED […]

Cheri Munoz, Plaintiff-Appellee, v. State Farm Mutual Automobile Insurance Company, Defendant-Appellant. No. 95CA2136Colorado Court of Appeals. April 2, 1998 Appeal from the District Court of El Paso County, Honorable Peter W. Booth, Judge, No. 94CV204 JUDGMENT AFFIRMED Page 127 Walter H. Sargent, P.C., Walter H. Sargent, Colorado Springs, Colorado; Gregory A. Maceau, P.C., Gregory A. […]

Dan Wilde, individually and as Mayor of the City of Wheat Ridge, Plaintiff-Appellant, v. City of Wheat Ridge, Colorado, a municipal corporation, and its City Council composed of: Jerry DiTullio, Jean D. Fields, Ken Siler, Tony Solano, Donald R. Eafanti, Janelle Shaver, Claudia Worth and Teri Dalbec, all as members of the City Council of […]

(501 P.2d 119) The People of the State of Colorado v. James Simmons No. 24920Supreme Court of Colorado. Decided September 25, 1969. Defendant was convicted of possession of cannibis sativa L. and appealed. Ruling Affirmed 1. DRUGS AND DRUGGISTS — Possession of Cannabis Sativa L — Entrapment — Negative. In prosecution for possession of cannabis […]

Colorado Leasing Corporation, a Colorado corporation, Plaintiff-Appellee, v. James M. Borquez, and Conrad Borquez, Defendants-Appellants. No. 85CA0859Colorado Court of Appeals. Decided December 24, 1986. Rehearing Denied February 12, 1987. Certiorari Denied Colorado Leasing June 15, 1987 (87SC105). Appeal from the District Court of Adams County Honorable Oyer G. Leary, Judge Page 378 Fuller and Evans, […]

(218 P.2d 1064) ESTATE OF SULLIVAN. GARVIN v. RUSTON, INHERITANCE TAX COMMISSIONER. No. 16,384.Supreme Court of Colorado. Decided May 1, 1950. An action to obtain a reduction of an inheritance tax imposed on the estate of a deceased person. Judgment for defendant. Affirmed. 1. PROPERTY — Title. The fact that a person holds title to […]

The People of the State of Colorado, Complainant, v. Robert E. Goodwin, Attorney-Respondent. No. 89SA246Supreme Court of Colorado. Decided September 18, 1989. Original Proceeding in Discipline Linda Donnelly, Disciplinary Counsel, for Complainant. John Astuno, Jr., for Attorney-Respondent. EN BANC JUSTICE ERICKSON delivered the Opinion of the Court. [1] Robert E. Goodwin, the supreme court has […]

Phillip C. Tilley, Petitioner, v. The Industrial Claim Appeals Office of the State of Colorado and U.S. West Communications, Inc., Respondents. No. 95CA2200Colorado Court of Appeals. Decided June 27, 1996 Petition for Rehearing DENIED August 22, 1996 Review of Order from the Industrial Claim Appeals Office of the State of Colorado, DD No. 624795. ORDER […]

(402 P.2d 368) JOE CUCHIARO v. THE BOARD OF COUNTY COMMISSIONERS OF EL PASO COUNTY, COLORADO, DEFENDANTS IN ERROR AND JUANDA T. NEECE AND MARION W. NEECE, AMICI CURIAE. No. 20821.Supreme Court of Colorado. Decided May 24, 1965. From a judgment reversing the Board which had granted his application to sell packaged, sealed liquor from […]

In re the Marriage of Lore M.L. Lockwood, Appellee and Cross-Appellant, and Ronald W. Lockwood, Appellant and Cross-Appellee. No. 97CA0233Colorado Court of Appeals. April 30, 1998 Rehearing Denied June 18, 1998 Certiorari Denied January 25, 1999 Appeal from the District Court of El Paso County, Honorable Thomas K. Kane, Judge, No. 92DR898. JUDGMENTS REVERSED AND […]

(454 P.2d 84) Jack E. Loveland v. Joanne Patricia Lewis. No. 22443.Supreme Court of Colorado. Decided May 19, 1969. Paternity suit. From judgment holding plaintiff in error to be father of child and awarding damages to defendant in error and to child, error was brought. Modified and Affirmed. 1. BASTARDS — Paternity — Damages — […]

Paul MISENHELTER, Petitioner v. The PEOPLE of the State of Colorado, Respondent. No. 09SC183.Supreme Court of Colorado. June 21, 2010. Appeal from the District Court, City and County of Denver, Sheila A. Rappaport, J. Page 658 Martinez Law, LLC, Esteban A. Martinez, Boulder, Colorado, Attorney for Petitioner. John W. Suthers, Attorney General, Melissa D. Allen, […]

(577 P.2d 746) Ernest J. Huguley v. The People of the State of Colorado No. C-1336Supreme Court of Colorado. Decided April 17, 1978. Opinion modified and as modified rehearing denied May 8, 1978. Defendant was convicted of second-degree burglary, felony theft, and conspiracy. The court of appeals, 39 Colo. App. 481, 568 P.2d 1177, affirmed […]

Theresa Ann Gray, Plaintiff-Appellant, v. State Farm Mutual Automobile Insurance Company, Defendant-Appellee, and Concerning Ozer Trueax, P.C., Appellant. No. 90CA1812Colorado Court of Appeals. Decided January 16, 1992. Appeal from the District Court of the City and County of Denver Honorable Edward E. Carelli, Judge. Ozer Trueax, P.C., Karen Colburn, for Plaintiff-Appellant. Creamer and Seaman, P.C., […]

25 P.2d 739 REED ET AL. v. STATE SAVINGS BANK. No. 12,535.Supreme Court of Colorado. Decided October 2, 1933. Action to have declared void a sale under execution of property claimed as a homestead by plaintiffs. Judgment for defendant. Affirmed. 1. HOMESTEAD — Residence — Abandonment. In an action involving the question of abandonment of […]

AMERICAN FAMILY MUTUAL INSURANCE CO., Petitioner v. Ed DeWITT and Sarah Elaine DeWitt, Respondents. No. 08SC308.Supreme Court of Colorado. October 13, 2009. Appeal from the Jefferson County District Court, Kenneth M. Plotz, J. Page 319 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

The People of the State of Colorado, Plaintiff-Appellee, v. Gary Allen Graham, Defendant-Appellant. No. 87CA1557Colorado Court of Appeals. Decided December 21, 1989. Rehearing Denied January 25, 1990. Certiorari Denied July 9, 1990 (90SC73). Appeal from the District Court of Jefferson County Honorable Christopher J. Munch, Judge Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy […]

(355 P.2d 121) HAROLD I. VESSELS, ET AL. v. DAVIDSON CHEVROLET, INC., ET AL. No. 19,085.Supreme Court of Colorado. Decided September 12, 1960. Rehearing denied September 26, 1960. Action by property owners to compel Zoning Administrator and others to enforce provisions of zoning ordinance. Judgment for defendants. Affirmed. 1. JUDGMENTS — Res Judicata — Prior […]

Patricia HENISSE, Petitioner v. FIRST TRANSIT, INC., an Ohio corporation licensed to do business in Colorado, and Eric Victor Cotton, Respondents. No. 09SC626.Supreme Court of Colorado. February 7, 2011. Appeal from the Boulder County District Court, M. Gwyneth Whalen, J. Page 578 Cook Associates, P.C., Stephen H. Cook, Boulder, Colorado, Walter H. Sargent, a professional […]

(379 P.2d 816) HENRY W. ELKINS v. WILLIAM I. ELKINS, ET AL. No. 19,997.Supreme Court of Colorado. Decided March 11, 1963. Rehearing denied April 1, 1963. Action for accounting and dissolution of partnership. From the judgment and decree entered one of partners brings error. Affirmed. 1. PARTNERSHIP — Dissolution — Interest in Assets — Findings. […]

(347 P.2d 776) THOMAS W. NEVIN, ET AL. v. EILEEN BATES. No. 18,617.Supreme Court of Colorado. Decided December 14, 1959. Rehearing denied January 4, 1960. Action for damages for breach of lease of realty. Judgment for plaintiff. Modified and Affirmed. 1. LANDLORD AND TENANT — Lease — Breach — Damages — Evidence. In an action […]

Powder Horn Constructors, Inc., and St. Paul Fire and Marine Insurance Company, Petitioners, v. City of Florence, Respondent. No. 85SC502Supreme Court of Colorado. Decided April 25, 1988. Rehearing Denied June 6, 1988. Certiorari to the Colorado Court of Appeals Page 357 Conover, McClearn Heppenstall, P. C., Hugh J. McClearn, Catherine A. Lemon, for Petitioners. Law […]

(508 P.2d 393) The People of the State of Colorado v. Issac Carlos DeBaca No. 25246Supreme Court of Colorado. Decided March 19, 1973. Appeal from an adverse ruling by trial court on defendant’s 35(b) motion to vacate conviction of both aggravated robbery and conspiracy to commit aggravated robbery. Affirmed 1. CRIMINAL EVIDENCE — Fingerprints — […]

Karen Pacheco, Plaintiff-Appellant, v. Lawrence S. Allen, M.D.; Michael K. Miller, M.D.; Timothy R. Collins, M.D.; and Colorado Permanente Medical Group, P.C., Defendants-Appellees. No. 00CA1624Colorado Court of Appeals. September 13, 2001 Certiorari Granted September 23, 2002 City and County of Denver District Court No. 98CV2340 Honorable Joseph E. Meyer, III, Judge Honorable Warren O. Martin, […]

Nancy GALLION, Plaintiff-Appellee, v. COLORADO DEPARTMENT OF REVENUE, MOTOR VEHICLE DIVISION, Defendant-Appellant. No. 05CA1054.Colorado Court of Appeals. November 2, 2006. Appeal from the District Court, Routt County, No. 04CV148, Michael A. O’Hara, III, J. Page 540 Hammond Law Offices, Kristopher L. Hammond, Steamboat Springs, Colorado, for Plaintiff-Appellee. John W. Suthers, Attorney General, Ceri Williams, Assistant […]

(525 P.2d 1190) Albertson Ranches, Inc., a corporation organized and existing under and by virtue of the laws of the State of Colorado v. John V. Cuddy No. 73-064Colorado Court of Appeals. Decided May 7, 1974. Rehearing denied May 29, 1974. Certiorari denied September 9, 1974. Action to quiet title. Defendant asserted that he was […]

The People of the State of Colorado, Plaintiff-Appellee, v. Terrance Akers, Defendant-Appellant. No. 91CA1769Colorado Court of Appeals. Decided August 19, 1993. Rehearing Denied September 23, 1993. Certiorari Denied April 11, 1994. Appeal from the District Court of Fremont County Honorable O. Edward Schlatter, Judge Page 529 Gale A. Norton, Attorney General, Raymond T. Slaughter, Chief […]

Perry Venard, Complainant-Appellant, v. Department of Corrections, Arkansas Valley Correctional Facility, Respondent-Appellee, and Colorado State Personnel Board, Appellee. No. 01CA2065.Colorado Court of Appeals. Div. III. May 8, 2003. Colorado State Personnel Board No. 2000B114 Vacated and remanded. Page 447 Frank Finger, P.C., William S. Finger, Evergreen, Colorado, for Complainant-Appellant Ken Salazar, Attorney General, Monica Ramunda, […]

The People of the State of Colorado, Plaintiff-Appellee, v. Charles R. Dillard, Defendant-Appellant. No. 83CA0442Colorado Court of Appeals. Decided March 15, 1984. Appeal from the District Court of Montezuma County Honorable Richard E. Conour, Judge Page 244 Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, Solicitor General, John Daniel […]

Andrea Van Steenhouse, Plaintiff-Appellant and Cross-Appellee, v. Jacor Broadcasting of Colorado, Inc. and Lee Larsen, Defendants-Appellees and Cross-Appellants. No. 95CA0284Colorado Court of Appeals. Decided June 27, 1996 Opinion Modified, and As Modified, Petitions for Rehearing DENIED August 8, 1996. Certiorari Granted March 31, 1997 Appeal from the District Court of the City and County of […]

In Re: Gabriel Karr; Donald H. Meyer; Suzanne Meyer; L. Douglas Beatty; Beatty, Gresham Colerick, LLP; Zane Bowers; Ross E. Bryant; Ryan Karr; Ronald L. Kidd; Charles L. Oliver; Randall W.B. Purvis; Haley R. Realty, Inc.; and Inovest, LLC, Petitioners, v. Paul Williams a/k/a Paul Chayne Williams; Paul C. Williams; Ronald Lee Stewart; and Ronald […]

The National Wildlife Federation, the Colorado Wildlife Federation, Michael Keplinger, and Citizens for Safe Energy, Petitioners, v. The Cotter Corporation; Dr. Frank Traylor, in his capacity as Executive Director of the Colorado Department of Health; Albert Hazle, in his capacity as Director of the Radiation and Hazardous Wastes Control Division of the Colorado Department of […]

Trans Shuttle, Inc.; Mo’s Express, LLC, d/b/a Mo’s Express; and Jejaw Gosha, individually and d/b/a Hallelujah Shuttle, Plaintiffs/Applicants-Appellants, v. Public Utilities Commission of the State of Colorado, Defendant-Appellee. No. 03SA156.Supreme Court of Colorado. May 3, 2004. Appeal from the District Court, City and County of Denver, Case No. 01CV5522, Honorable Herbert L. Stern, III, Judge. […]

Betty Jacobs, Plaintiff-Appellee, v. Commonwealth Highland Theatres, Inc., Defendant-Appellant. No. 84CA1243Colorado Court of Appeals. Decided October 30, 1986. Rehearing Denied November 26, 1986. Certiorari Denied Commonwealth June 8, 1987 (86SC441). Appeal from the District Court of Arapahoe County Honorable Joyce S. Steinhardt, Judge. Page 7 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

(560 P.2d 847) Anthony Zahtila v. Motor Vehicle Division, Department of Revenue, State of Colorado No. 75-806Colorado Court of Appeals. Decided February 3, 1977. From judgment vacating revocation of driver’s license pursuant to implied consent law, Department of Revenue appealed. Reversed 1. DRIVING UNDER THE INFLUENCE — Motorist’s Delayed Consent — Alcohol Determination Test — […]

(618 P.2d 726) Aetna Finance Company v. Dorothy Summers No. 79CA1020Colorado Court of Appeals. Decided July 17, 1980. Rehearing denied August 14, 1980. Certiorari granted October 27, 1980. Plaintiff appealed from a judgment of the trial court dismissing its complaint on a promissory note and security agreement. Affirmed 1. NOTICE — Mailing — Certified Mail […]

Petitioner: Gary L. LIGGETT, v. Respondent: The PEOPLE of the State of Colorado. No. 05SC142.Supreme Court of Colorado. May 15, 2006. Appeal from the Court of Appeals. Page 726 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 727 David S. Kaplan, Colorado […]

(544 P.2d 392) The People of the State of Colorado v. Melvin A. Taylor No. 26412Supreme Court of Colorado. Decided December 29, 1975. Defendant was convicted of possession of a weapon by a previous offender and appealed. Affirmed 1. WEAPONS — Possession — Previous Offenders — Statute — Constitutional. The statute relating to “Possession of […]

The Board of County Commissioners of Morgan County, Colorado, Petitioner-Appellee, v. Rainsford J. Winslow, Respondent-Appellant. No. 82CA0417Colorado Court of Appeals. Decided January 9, 1986. Rehearing Denied January 30, 1986. Certiorari Denied Winslow March 31, 1986 (86SC64). Appeal from the District Court of Morgan County Honorable Dean Johnson, Judge Page 1004 E. Ord Wells, for Petitioner-Appellee. […]

Samsonite Corporation, a Colorado corporation, Petitioner, v. Industrial Commission of the State of Colorado (Ex-Officio Unemployment Compensation Commission of Colorado), and Carlo Lombardi, Respondents. No. 82CA0768Colorado Court of Appeals. Decided May 19, 1983. Review of Order from the Industrial Commission of the State of Colorado Page 1038 Eileen R. Lerman, Associate General Counsel, Samsonite Corporation, […]

64 P.2d 1278 FIRST MORTGAGE SECURITIES COMPANY ET AL. v. FADER. No. 13,825.Supreme Court of Colorado. Decided January 25, 1937. Rehearing denied February 15, 1937. Suit to quiet title. Judgment for plaintiff. Reversed. 1. PLEADING — Fraud — Appeal and Error. In a suit to quiet title, if defendant states a cause of action in […]

(400 P.2d 909) ELIAS J. CANDELL v. WESTERN FEDERAL SAVINGS AND LOAN ASSOCIATION OF DENVER. No. 20826.Supreme Court of Colorado. Decided April 5, 1965. Rehearing denied April 26, 1965. Action for declaratory judgment pertaining to written lease and for damages for delay in completion of premises. Judgment for defendant. Affirmed. 1. LANDLORD AND TENANT — […]

The People of the State of Colorado, Plaintiff-Appellee, v. Raymond Littleton, Defendant-Appellant. No. 89CA0043Colorado Court of Appeals. Decided June 7, 1990. Rehearing Denied July 5, 1990. Certiorari Denied October 22, 1990 (90SC473). Appeal from the District Court of the City and County of Denver Honorable Lynne M. Hufnagel, Judge. Duane Woodard, Attorney General, Charles B. […]

Rita Montero, Plaintiff-Appellant, v. Natalie Meyer, Secretary of State of the State of Colorado; and State of Colorado, Defendants-Appellees, and Official English Committee, Barbara M. Philips, Mary Ann Carlos, Thaddeus F. Gembczynski, and Chong Cha Woodfill, Intervenors-Appellees. No. 88SA469Supreme Court of Colorado. Decided July 9, 1990. Opinion Modified, and as Modified Rehearing Denied August 20, […]

(504 P.2d 669) The People of the State of Colorado v. David Buckner, a/k/a Tobacco Buckner; Anthony Peace; and Richard Dale Swanson No. 24886Supreme Court of Colorado. Decided October 30, 1972. Defendants were convicted of second-degree arson and conspiracy to commit same and appealed. Affirmed 1. CONTINUANCE — Discretion of Court. The propriety of continuance […]

121 P.2d 491 SHIMMEL v. THE PEOPLE. No. 14,814.Supreme Court of Colorado. Decided January 12, 1942. Plaintiff in error was convicted of criminal conspiracy and larceny of public records. Reversed. On Application for Supersedeas. 1. WORDS AND PHRASES — Record. The word “record” defined. 2. CRIMINAL LAW — Records — Statutes — Construction. The words […]

(257 P.2d 579) FISHMAN ET AL. v. TUPPS, MAYOR ET AL. No. 16,951.Supreme Court of Colorado. Decided May 11, 1953. An action in mandamus to compel a municipal corporation to reinstate plaintiff’s trailer camp license. Judgment of dismissal. Affirmed. 1. MANDAMUS — When Proper. The extraordinary writ of mandamus “issues only in cases where there […]

(592 P.2d 801) The People of the State of Colorado v. Renee Bernice Roberts No. 28172Supreme Court of Colorado. Decided March 26, 1979. Rehearing denied April 16, 1979. People appeal from an order granting a judgment of acquittal in narcotic violation case. Judgment Disapproved 1. CRIMINAL LAW — Jeopardy — Attached — Retrial — Prohibited. […]

In re the Marriage of Peter Otto Goellner, Appellee, and Charlene Marie Goellner, Appellant. No. 87CA0429Colorado Court of Appeals. Decided February 2, 1989. Appeal from the District Court of Summit County Honorable W. Terry Ruckriegle, Judge. Page 1388 Pred and Miller, Ronald S. Pred, for Appellee. Winnie Winnie, P.C., John S. Winnie, for Appellant. Division […]

University National Bank, A Colorado Banking Corporation, Plaintiff-Appellee, v. Allen L. Rhoadarmer, Kenneth G. Schoot, and Virginia Harsh, d/b/a Three Star Investments, Defendants, and Concerning Garnishee, J. Kenneth Harsh Trust, Dee Ann Standiferd, Trustee, Appellant. No. 90CA1468Colorado Court of Appeals. Decided August 22, 1991. Rehearing Denied October 3, 1991. Certiorari Denied March 23, 1992 (91SC669). […]

138 P.2d 280 DELLACROCE v. INDUSTRIAL COMMISSION. No. 15,148.Supreme Court of Colorado. Decided May 17, 1943. A proceeding involving the right of a coal miner to unemployment benefits. The Industrial Commission found that claimant was self-employed as a farmer and ineligible for benefits under the Colorado Employment Security Act. The district court affirmed the action […]

Carmine Lonardo and Lois Lonardo, Plaintiffs-Appellants, v. Litvak Meat Company, a Colorado corporation, Defendant-Appellee. No. 83CA0104Colorado Court of Appeals. Decided October 27, 1983. Rehearing Denied November 23, 1983. Appeal from the District Court of the City and County of Denver Honorable John Brooks, Jr., Judge Page 1230 Williams, Trine, Greenstein Griffith, P.C., Bruce O. Downsbrough, […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Oscar FRENCH, Defendant-Appellant. No. 03CA2477.Colorado Court of Appeals. November 3, 2005. As Modified on Denial of Rehearing December 22, 2005. Certiorari Granted September 11, 2006.[*] [*] Justice EID does not participate. Appeal from the El Paso District Court, No. 02CR4750, Thomas L. Kennedy, J. Page 857 […]

(541 P.2d 1254) R.O. Walton, Jr., Clinton S. Spencer, Harrison F. Russell, James R. Larkin and Lyle T. McNeill, Individually and as the applicants and Proposed Incorporators of the Proposed “Bank of Crested Butte” v. Banking Board of the State of Colorado and Harry Bloom as State Bank Commissioner and Chairman, Colorado State Banking Board […]

The People of the State of Colorado, Plaintiff-Appellee, v. Cathy Hepler, Defendant-Appellant. No. 81CA0561Colorado Court of Appeals. Decided December 30, 1982. Rehearing denied January 27, 1983. Certiorari Denied June 20, 1983. Appeal from the District Court of El Paso County Honorable Richard Hall, Judge. Page 628 J.D. MacFarlane, Attorney General, Charles B. Howe, Deputy Attorney […]

Frank G. Rohauer and Suzanne M. Rohauer, Petitioners, v. Floyd D. Little and Joyce G. Little, Respondents. No. 85SC226Supreme Court of Colorado. Decided April 27, 1987. Certiorari to the Colorado Court of Appeals Page 404 Dixon and Snow, P.C., Jerre W. Dixon, for Petitioners. Darrell S. Elliott, P.C., for Respondents. Duane Woodard, Attorney General, Charles […]

64 P.2d 1265 MANHATTAN LIFE INSURANCE COMPANY v. ALLISON. No. 13,680.Supreme Court of Colorado. Decided May 25, 1936. On rehearing original opinion adhered to February 15, 1937. Suit on life insurance policy. Judgment for plaintiff. Reversed. 1. INSURANCE — Life Policy — Cash Surrender Value — Election. In a suit by the beneficiary to recover […]

People v. Dougherty. No. 02PDJ105.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. August 25, 2003. Page 492 [1] The Hearing Board disbarred Respondent, Kirk Patrick Dougherty, attorney registration number 23964 from the practice of law in the State of Colorado following a sanctions hearing. This disciplinary proceeding arose from respondent’s representation […]

448 P.2d 788 District 50 Metropolitan Recreation District, a Quasi-municipal corporation, Mary Ann Allen, Grace Evelyn Statler, George Poland, Leonard V. LaGuardia and Emery G. Leathers v. L. D. Burnside, County Assessor, Adams County, Colorado, Sundstrand Machine Tool Company, American Telephone and Telegraph, Mountain States Telephone and Telegraph Company, Chicago, Burlington and Quincy Railroad, Colorado […]

54 P.2d 686 JONES v. THE PEOPLE. No. 13,861.Supreme Court of Colorado. Decided February 3, 1936. Plaintiff in error was found guilty of trespass. Reversed. On Application for Supersedeas. 1. CRIMINAL LAW — Trespass. In a prosecution for trespass, before a criminal offense can be established, it must appear that the object of the act […]

(522 P.2d 589) 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. 26336Supreme Court of Colorado. Decided May 20, 1974. Original […]

The People of the State of Colorado, Plaintiff-Appellee, v. Saint John Tyler, Defendant, and Concerning Gordon Gossett, Surety-Appellant. No. 87CA1694Colorado Court of Appeals. Decided June 22, 1989. Rehearing Denied July 20, 1989. Certiorari Granted (People) December 18, 1989 (89SC462). Page 816 Appeal from the District Court of El Paso County Honorable D. Richard Toth, Judge […]

(396 P.2d 966) SEBURN J. ALEXANDER v. EVA M. ALEXANDER. No. 20763.Supreme Court of Colorado. Decided November 30, 1964. From a denial of his motion to vacate an order and judgment of the trial court pertaining to alimony, division of property and attorneys’ fees, defendant husband brought error. Affirmed. 1. DIVORCE — Property Rights — […]

Robert A. Zaragoza, Plaintiff-Appellant, v. The Director of the Department of Revenue and The Motor Vehicle Division of the Department of Revenue, The Department of Revenue of the State of Colorado and Carolyn Nelson, Defendants-Appellees. No. 83SA474Supreme Court of Colorado. Decided July 8, 1985. Appeal from District Court, City County of Denver Honorable Raymond D. […]

The People of the State of Colorado, Complainant v. R. Stephen Spangler, Attorney-Respondent No. 83SA179Supreme Court of Colorado. Decided September 26, 1983. Original Proceedings in Discipline Linda Donnelly, Disciplinary Prosecutor for complainant. R. Stephen Spangler, Pro Se. En Banc. JUSTICE QUINN delivered the opinion of the Court. [1] A complaint was filed with the grievance […]

Lawrence D. Horton, Petitioner, v. Golden Animal Hospital and Colorado Compensation Insurance Authority, and The Industrial Claim Appeals Office of the State of Colorado, Respondents. No. 93CA0536Colorado Court of Appeals. Decided April 21, 1994. Rehearing Denied May 19, 1994. Certiorari Granted September 12, 1994. Review of Order from the Industrial Claim Appeals Office of the […]

In re the Marriage of Patricia J. Nussbeck, Appellee, and Robert J. Nussbeck, Appellant. No. 94CA0770Colorado Court of Appeals. June 1, 1995 Appeal from the District Court of Jefferson County Honorable Gaspar F. Perricone, Judge Honorable William P. DeMoulin, Judge No. 86DR1894 APPEAL DISMISSED IN PART AND JUDGMENT AFFIRMED Page 348 McGuane and Malone, P.C., […]

The People of the State of Colorado, Complainant, v. Don Kenneth Hanks, Jr., Attorney-Respondent. No. 97SA353Supreme Court of Colorado. January 26, 1998 Original Proceeding in Discipline ATTORNEY SUSPENDED Linda Donnelly, Disciplinary Counsel, James C. Coyle, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. Don Kenneth Hanks, Jr., Farmer Branch, Texas, Pro Se. Page 145 EN […]

The People of the State of Colorado, Plaintiff-Appellee, v. John Steven Anaya, Defendant-Appellant. No. 84CA1389Colorado Court of Appeals. Decided October 16, 1986. Rehearing Denied November 13, 1986. Certiorari Granted Anaya February 17, 1987 (86SC428). Appeal from the District Court of Jefferson County Honorable Anthony F. Vollack, Judge Duane Woodard, Attorney General, Charles B. Howe, Chief […]

(442 P.2d 425) C. B. Bartlett and Lucille Bartlett v. Wallace R. Bryant. No. 22093.Supreme Court of Colorado. Decided June 17, 1968. Rehearing denied July 15, 1968. Action for personal injuries and property damage arising out of rear-end motor vehicle collision. Judgment for defendant. Affirmed. 1. AUTOMOBILES — Prima Facie — Negligence — Rear — […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Michael Fred MONTOYA, Defendant-Appellant. No. 09CA2364.Colorado Court of Appeals. June 23, 2011. Appeal from the District Court, Pueblo County, Victor I. Reyes, J. John W. Suthers, Attorney General, Ryan A. Crane, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee. Douglas K. Wilson, Colorado State Public Defender, Stephen […]

Robert J. Salstrom and Robert C. Gruenwald, Plaintiffs-Appellees, v. William Starke, Defendant-Appellant. No. 81CA0104Colorado Court of Appeals. Decided September 8, 1983. Appeal from the District Court of Larimer County Honorable John A. Price, Judge Page 810 Joseph P. Jenkins, for plaintiffs-appellees. Dean, Martin, Mitchell Schwartz, Daniel W. Dean for defendant-appellant. Division III. Opinion by JUDGE […]

Lederman Enterprises, Inc., a Colorado corporation, d/b/a The Regency Inn, Inc., Plaintiff-Appellee and Cross-Appellant, v. Allied Social Science Associations, Defendant-Appellant and Cross-Appellee. No. 82CA1177Colorado Court of Appeals. Decided February 28, 1985. Rehearing Denied April 18, 1985. Certiorari Denied November 4, 1985. Appeal from the District Court of the City and County of Denver Honorable Robert […]

(483 P.2d 1340) James Moore v. The People of the State of Colorado. No. 23813.Supreme Court of Colorado. Decided April 19, 1971. Defendant was convicted of first-degree murder and brought error. Affirmed. 1. CRIMINAL EVIDENCE — Conviction — Crime — Basis — Circumstantial. Conviction of a crime may be based on circumstantial evidence. 2. HOMICIDE […]

(328 P.2d 105) GRADEN COAL COMPANY, ET AL. v. CRIST YTUARRALDE, ET AL. No. 18,526.Supreme Court of Colorado. Decided July 7, 1958. From a judgment affirming a supplemental award in favor of claimant for permanent partial disability, the employer and insurance carrier bring error. Affirmed. 1. WORKMEN’S COMPENSATION — Award — Petition to Reopen — […]

132 P.2d 799 PEOPLE EX REL. BEST, WARDEN v. COUNTY COURT OF FREMONT COUNTY ET AL. No. 15,241.Supreme Court of Colorado. Decided December 28, 1942. A proceeding involving jurisdiction of county courts over insane persons. 1. INSANE PERSONS — Custody — Discharge. The only ground upon which the superintendent of the Colorado State Hospital can […]

(591 P.2d 1015) The People of the State of Colorado, ex rel. Robert R. Gallagher, Jr., District Attorney for the Eighteenth Judicial District, State of Colorado v. The District Court in and for the Eighteenth Judicial District, County of Arapahoe, State of Colorado, and the Honorable Charles R. Casey, one of the Judges thereof No. […]

The People of the State of Colorado, Petitioner, v. Brent D. Ullery, Respondent. No. 98SC92Supreme Court of Colorado. June 21, 1999 As Modified on Denial of Rehearing October 4, 1999. Certiorari to the Colorado Court of Appeals JUDGMENT AFFIRMED IN PART AND REVERSED IN PART Page 587 Ken Salazar, Attorney General Barbara McDonnell, Chief Deputy […]

The People of the State of Colorado, Petitioner, v. Theodore Alex Trujillo, Respondent. No. 01SC434Supreme Court of Colorado. July 1, 2002 Certiorari to the Colorado Court of Appeals, Court of Appeals Case No. 98CA2575. JUDGMENT AFFIRMED. Page 317 No. 01SC434, People v. Theodore Alex Trujillo: Fifth Amendment —Privilege Against Self-Incrimination — Impeachment — Rebuttal — […]

In re the Estate of Ross Michael Carlson, protected person. John J. Keller Conservator-Appellant, v. Colorado State Hospital, Claimant-Appellee. No. 85CA1755Colorado Court of Appeals. Decided September 10, 1987. Rehearing Denied October 8, 1987. Certiorari Denied February 16, 1988 (87SC413). Appeal from the District Court of Arapahoe County Honorable Robert F. Kelley, Judge Page 994 Don […]

(490 P.2d 268) C. J. Kuiper, State Engineer; M. William Mattern, Supervising Engineer; and W. G. Wilkinson, Division Engineer; Water Division 1 v. Well Owners Conservation Association, A Colorado Non-Profit Corporation; Donald E. Lindell; George T. White; Kenneth Snodgrass, Individually and on Behalf of Others Similarly Situated. No. 24725Supreme Court of Colorado. Decided October 12, […]

251 P.2d 920 BOXBERGER v. STATE HIGHWAY COMMISSION. No. 16,609.Supreme Court of Colorado. Decided December 8, 1952. Rehearing denied January 5, 1953. A proceeding under the eminent domain statute. An order for possession was duly entered of record. Reversed. 1. EMINENT DOMAIN — Property Value — Appeal and Error. In an eminent domain proceeding, it […]

The People of the State of Colorado, Plaintiff-Appellant, v. Manuel Martinez, Defendant-Appellee. No. 89SA346Supreme Court of Colorado. Decided April 23, 1990. Page 421 Interlocutory Appeal from District Court Adams County Honorable Philip F. Roan, Judge James F. Smith, District Attorney, Steven L. Bernard, Chief Trial Deputy District Attorney, Michael J. Milne, Senior Deputy District Attorney, […]