Category: Colorado Court Opinions

Linda Henry, Plaintiff-Appellant, v. Kevin Kemp and Robert Dean, Defendants-Appellees. No. 91CA0183Colorado Court of Appeals. Decided March 12, 1992. Appeal from the District Court of the City and County of Denver Honorable James J. Delaney, Judge. Page 506 Paul Predergast, for Plaintiff-Appellant. Anderson, Campbell Laugesen, P.C., Franklin D. Patterson, for Defendants-Appellees. Division IV. Opinion by […]

(281 P.2d 1013) IN RE INTERROGATORIES PROPOUNDED BY THE SENATE CONCERNING HOUSE BILL 456. No. 17,668.Supreme Court of Colorado. Decided April 7, 1955. Original proceeding concerning interrogatories propounded by the Senate of the State of Colorado. Response Denied. 1. CONSTITUTIONAL LAW — Legislative Enactments. When the Legislature enacts a statute, it is subject to attack […]

(354 P.2d 1015) MARDINA G. DEVEREAUX v. CHARLES FRANK DEVEREAUX. No. 19,475.Supreme Court of Colorado. Decided August 22, 1960. Proceeding to determine paternity of a minor child. From an order striking name of child from petition, the petitioner brings error. Reversed. 1. PARENT AND CHILD — Paternity — Marriage — Annulment — Issue. The parentage […]

Harry E. Miller and Rebha Miller, Plaintiffs-Appellants, v. J. Michael Bell, Don Bennett, G. Mashburn, Robert Nonor and 7 M Company, Defendants-Appellees. No. 87CA1385Colorado Court of Appeals. Decided October 13, 1988. Appeal from the District Court of Gunnison County Honorable Sharon Shuteran, Judge Stern Patrick, P. C., David M. Barton; Karl Ranous, for Plaintiffs-Appellants. Russell […]

(474 P.2d 210) Walter Goddard, Jr. v. The People of the State of Colorado. No. 23250.Supreme Court of Colorado. Decided September 14, 1970. Defendant was convicted of burglary and conspiracy to commit burglary and brought error. Reversed. 1. BURGLARY — School Building — Removal of Screen — Window — Opening of Door — Companions — […]

(501 P.2d 1334) Robert E. Adams v. Industrial Commission of the State of Colorado (Ex-Officio Unemployment Compensation Commission of Colorado) and Martin Marietta Corporation No. 72-013Colorado Court of Appeals. Decided October 11, 1972. Employee, having been offered new position, tendered his resignation from his job, but offer of new position was subsequently withdrawn. From a […]

Board of County Commissioners of the County of Morgan, State of Colorado, Plaintiff-Appellee, v. Elmer Kobobel and Mariam Kobobel, Defendants-Appellants, and Wade E. Castor, E. Todd Castor, Karen S. Kelley, and Riverview Cemetery Association, Defendants. No. 01CA2450.Colorado Court of Appeals. Div. I. December 19, 2002. Certiorari Denied July 28, 2003. Page 402 Morgan County District […]

(574 P.2d 876) Edward Ciancio and William Ciancio v. E. Max Serafini, C.S., Meurer, and M. R. Meurer No. 76-559Colorado Court of Appeals. Decided October 27, 1977. Opinion modified and as modified petition for rehearing denied November 25, 1977. Certiorari denied February 21, 1978. In action against surveyors for damages resulting from allegedly negligent survey, […]

The People of The State of Colorado, Complainant, v. John A. Lustig, Attorney-Respondent. No. 88SA78Supreme Court of Colorado. Decided June 6, 1988. Original Proceedings in Discipline Page 1343 Linda Donnelly, Disciplinary Prosecutor, for Complainant. Attorney-Respondent not appearing. EN BANC JUSTICE ERICKSON delivered the Opinion of the Court. [1] This is a disciplinary proceeding against respondent […]

(604 P.2d 36) The People of the State of Colorado v. William Leighton Miller, William Thomas Whiddon, John Lee Gorre, Allen Morris and Jack Nardini No. 79SA14 No. 79SA15Supreme Court of Colorado. Decided December 24, 1979. Appeal by the People with reference to the question of law: Whether the defendants may be convicted of both […]

The People of the State of Colorado, Plaintiff-Appellee, v. Roberta May Salas, Defendant-Appellant. No. 00CA0562Colorado Court of Appeals. November 23, 2001 Rehearing Denied January 10, 2002. City and County of Denver District Court No. 97CR2616; Honorable H. Jeffrey Bayless, Judge. SENTENCE AFFIRMED Page 69 Ken Salazar, Attorney General, Peter J. Cannici, Assistant Attorney General, Denver, […]

Stanley Charles Topping, Petitioner, v. The People of the State of Colorado, Respondent. No. 88SC392Supreme Court of Colorado. Decided June 25, 1990. Certiorari to the Colorado Court of Appeals Page 1169 Castelar Garcia, for Petitioner. Duane Woodard, Attorney General, Charles B. Howe, Deputy Attorney General, Richard H. Forman, Solicitor General, John Milton Hutchins, First Assistant […]

Sussex Real Estate Corporation v. Nicola Sbrocca, Landon N. Mallery, Individually, and Great Eastern Development Corporation, George B. Dolan, Jr., and David F. Darwent, and Judith Whitaker No. 79CA0287Colorado Court of Appeals. Decided April 30, 1981. Page 1000 Appeal from the District Court of Boulder County, Honorable Murray Richtel, Judge. Miller and Gray, P.C., William […]

(257 P.2d 412) KUPER v. SCROGGINS ET AL. No. 16,910.Supreme Court of Colorado. Decided April 27, 1953. An action to compel specific performance of a contract to convey real estate. Judgment for plaintiffs. Affirmed. 1. SPECIFIC PERFORMANCE — Vendor and Purchaser. It is the general rule that a vendee has the right to insist upon […]

(550 P.2d 309) Hal Shroyer and A. C. Hamilton v. William Sokol, Adams County Clerk and Recorder — Allan McKnight, Adams County Treasurer No. 27206Supreme Court of Colorado. Decided May 27, 1976. Appeal from a ruling of the district court that certain statutory provisions regarding requirements for recall petitions of county officers are repugnant to […]

In re the Marriage of Vickie A. Thomason, Appellee, and Robert E. Thomason, Appellant. No. 89CA1205Colorado Court of Appeals. Decided November 23, 1990. Appeal from the District Court of Jefferson County Honorable James D. Zimmerman, Judge. William J. Walsh, for Appellee. Wedgle Shpall, P.C., Richard J. Wedgle, Murray Wilkening, for Appellant. Division I. Opinion by […]

Marjorie B. Mark, Plaintiff-Appellee, v. Richard L. Mark, Defendant-Appellant. No. 83CA1280Colorado Court of Appeals. Decided December 20, 1984. Rehearing Denied January 17, 1985. Certiorari Denied April 1, 1985. Appeal from the District Court of the City and County of Denver Honorable Warren O. Martin, Judge Honorable Lynne M. Hufnagel, Judge Bartholomew Cristiano, Francis V. Cristiano, […]

(515 P.2d 1242) The People of the State of Colorado v. Ernie Ray Clark No. 25336Supreme Court of Colorado. Decided November 12, 1973. Rehearing denied December 3, 1973. Appeal by defendant to vacate sentences which were imposed after jury found him guilty of rape and kidnapping and to obtain a new trial. Judgment Affirmed, Sentences […]

The People of the State of Colorado, Complainant, v. Michael Thomas Mitchell, Attorney-Respondent. No. 98SA72Supreme Court of Colorado. November 30, 1998 Original Proceeding in Discipline ATTORNEY SUSPENDED Linda Donnelly, Disciplinary Counsel, James S. Sudler, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. Michael Thomas Mitchell, Pro Se, Parker, Colorado. EN BANC PER CURIAM [1] The […]

The People of the State of Colorado, Plaintiff-Appellee, v. Donald Louis LeClair, Defendant-Appellant. No. 82SA574Supreme Court of Colorado. Decided July 18, 1983. Rehearing Denied August 22, 1983. Appeal from the District Court of Prowers County, Honorable John C. Statler, Judge. J. D. MacFarlane, Attorney General, Charles B. Howe, Deputy Attorney General, Joel W. Cantrick, Solicitor […]

M.H.W., by her Next Friend and Natural Mother M.E.S., Plaintiff-Appellee, v. D.J.W., Defendant-Appellant. No. 86CA1877Colorado Court of Appeals. Decided June 2, 1988. Appeal from the Juvenile Court of the City and County of Denver Honorable Dana U. Wakefield, Judge Ralph Rhodes, for Plaintiff-Appellee. Colleen A. Miller, for Defendant-Appellant. Division I. Opinion by JUDGE PIERCE. [1] […]

(512 P.2d 269) The People of the State of Colorado v. Donald Earl Smith No. 25436Supreme Court of Colorado. Decided July 16, 1973. Defendant was convicted of two counts of inflicting bodily injury by operating an automobile while under the influence of intoxicating liquor and appealed. Affirmed 1. CRIMINAL EVIDENCE — Blood Sample — Drawn […]

(564 P.2d 431) The People of the State of Colorado v. Alfred David Coca No. 75-699Colorado Court of Appeals. Decided May 5, 1977. From conviction of burglary and felony theft, defendant appealed. Reversed 1. CRIMINAL LAW — Competency — Defendant — Entitled to Determination — Witness — Adjudicated Insane — Hospitalized — Preceding 14 Months. […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Stacy CLENDENIN, Defendant-Appellant. No. 08CA0624.Colorado Court of Appeals. October 29, 2009. Rehearing Denied December 17, 2009. Appeal from the District Court, Boulder County, D.D. Mallard, J. Page 211 John W. Suthers, Attorney General, John T. Lee, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee. Robert J. Corry, […]

(444 P.2d 272) Keith W. Sheldon and Bruce Winnett Sheldon v. Kayle Higinbotham, a minor, by Marion E. Higinbotham and Leonard M. Higinbotham, her mother and father; and Marion E. Higinbotham and Leonard M. Higinbotham, individually. No. 22001.Supreme Court of Colorado. Decided July 29, 1968. Action for damages under guest statute by minor and her […]

The People of the State of Colorado, Plaintiff-Appellee, v. John B. Bowring, Defendant-Appellant. No. 93CA1672Colorado Court of Appeals. Decided March 23, 1995 Petition for Rehearing DENIED April 27, 1995. Petition for Writ of Certiorari DENIED September 25, 1995. Appeal from the District Court of Larimer County Honorable John-David Sullivan, Judge No. 92CR424 JUDGMENT AFFIRMED, SENTENCE […]

The People of the State of Colorado v. Joseph Lincoln Hunt No. 79SA573Supreme Court of Colorado. Decided August 4, 1981. Rehearing denied August 24, 1981. Appeal from the District Court of El Paso County, Honorable Hunter D. Hardeman, Judge. J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy, Mary J. Mullarkey, Solicitor General, Lynne Ford, […]

(542 P.2d 1283) The People of the State of Colorado v. Amos H. Walker No. 26243Supreme Court of Colorado. Decided December 1, 1975. Defendant was convicted of assault of a police officer in the performance of his duties and assault with a deadly weapon and appealed. Affirmed in Part, Reversed in Part. 1. CRIMINAL EVIDENCE […]

The People of the State of Colorado, Plaintiff-Appellee, v. Robert Wieghard, Defendant-Appellant. No. 85CA1677Colorado Court of Appeals. Decided March 26, 1987. Rehearing Denied April 23, 1987. Certiorari Denied Wieghard September 8, 1987 (87SC201). Page 978 Appeal from the District Court of El Paso County Honorable Richard Hall, Judge Duane Woodard, Attorney General, Charles B. Howe, […]

101 P.2d 26 PEOPLE EX REL. CARROLL, DISTRICT ATTORNEY v. DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT ET AL. No. 14,540.Supreme Court of Colorado. Decided March 25, 1940. Suit by a district attorney to compel the district court to impose sentence upon one convicted of a crime. Writ of Mandamus Issued. 1. CRIMINAL LAW — […]

In re: Plaintiff: Jerry WEIL, M.D., v. Defendants: DILLON COMPANIES, INC., d/b/a City Market, a Kansas corporation; and John Doe. No. 04SA356.Supreme Court of Colorado. En Banc. January 24, 2005. As Modified on Denial of Rehearing March 28, 2005.[*] [*] Justice KOURLIS does not participate. Appeal from the District Court, Denver County, J. Stephen Phillips, […]

State Farm Mutual Automobile Insurance Company, an Illinois corporation, Plaintiff-Appellee, v. Elaine Tygart and Darrell Tygart, Intervenors-Appellants. No. 96CA2257Colorado Court of Appeals. April 16, 1998 Rehearing Denied May 14, 1998 Certiorari Denied February 16, 1999 Appeal from the District Court of the City and County of Denver, Honorable Frank Martinez, Judge, No. 96CV3588 JUDGMENT AFFIRMED […]

(537 P.2d 1095) In re the Custody of David Lewis Thomas, Paul L. Thomas, and Gayla R. Thomas No. 74-499Colorado Court of Appeals. Decided May 6, 1975. Although Kansas divorce decree awarded custody of child to his mother, father brought action to change the custody of child to him. From dismissal of action and award […]

The People of The State of Colorado, Complainant, v. David Leonard Odom, Attorney-Respondent. No. 96SA26Supreme Court of Colorado. Decided April 1, 1996 Original Proceedings in Discipline ATTORNEY SUSPENDED Page 343 Linda Donnelly, Disciplinary Counsel, Kenneth B. Pennywell, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. No Appearance on Behalf of Attorney-Respondent. EN BANC PER CURIAM […]

In re the Marriage of Nancy S. Orr, Petitioner-Appellant and Cross-Appellee, and Dundas S. Orr, Jr., Respondent-Appellee and Cross-Appellant. No. 00CA1401Colorado Court of Appeals. September 27, 2001 El Paso County District Court No. 99DR2230 Honorable Thomas L. Kennedy, Judge JUDGMENT VACATED AND CASE REMANDED WITH DIRECTIONS Page 195 Warren Mundt, P.C., Robert B. Warren, Colorado […]

The People of the State of Colorado, Plaintiff-Appellee, v. Steven Owen Pennington, Defendant-Appellant. No. 98CA0506Colorado Court of Appeals. July 8, 1999 Certiorari Denied December 6, 1999. Appeal from the District Court of Fremont County, Honorable Kenneth M. Plotz, Judge, No. 94CR7. ORDER AFFIRMED Page 231 Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy […]

(389 P.2d 849) ERNEST VELASQUEZ, ETC., v. THE PEOPLE OF THE STATE OF COLORADO. No. 20,277.Supreme Court of Colorado. Decided March 2, 1964. From his arrest and detention on request of California for extradition, and denial of his petition to dismiss, the petitioner brings error. Writ of Error Dismissed. 1. EXTRADITION — Violation of Parole […]

87 P.2d 748 GREAT WESTERN RESERVOIR AND CANAL COMPANY v. FARMERS’ RESERVOIR AND IRRIGATION COMPANY ET AL. No. 14,305.Supreme Court of Colorado. Decided February 6, 1939. Rehearing denied March 6, 1939. Proceeding involving application to reopen a water adjudication decree. Judgment of dismissal. Affirmed. 1. WATER RIGHTS — Reopening Decree — Limitation. Under pertinent Colorado […]

Colorado State Bank of Walsh, a Colorado corporation v. Sharon Utt v. Darrel W. Utt No. 79CA1146Colorado Court of Appeals. Decided August 21, 1980. Rehearing denied September 11, 1980. Certiorari denied January 26, 1981. Appeal from the District Court of Baca County, Honorable Robert Sanderson, Judge. Page 585 No appearance for appellees. Larry Stutler, for […]

Deisch and Marion, P.C., Plaintiff-Appellee, v. International Insurance Company, an Illinois corporation, Defendant-Appellant. No. 87CA1364Colorado Court of Appeals. Decided January 5, 1989. Rehearing Denied February 2, 1989. Appeal from the District Court of the City and County of Denver Honorable Robert P. Fullerton, Judge. Deisch Marion, P.C., Brad W. Breslau, for Plaintiff-Appellee. Zarlengo, Mott, Zarlengo […]

C.K.A. and J.H.A., Plaintiffs-Appellees, v. M.S., Defendant-Appellant. No. 82CA1273Colorado Court of Appeals. Decided December 6, 1984. Rehearing Denied January 10, 1985. Certiorari Denied August 19, 1985. Appeal from the Juvenile Court of the City and County of Denver Honorable Dana Wakefield, Judge Page 786 Max P. Zall, City Attorney, Bruce E. Turner, Assistant City Attorney, […]

(298 P.2d 963) W. O. WOMACK v. AL GRANDBUSH, ETC. No. 17,823.Supreme Court of Colorado. Decided June 18, 1956. Petition for an order upon partner to show cause why she should not be held liable on judgment against other partner. The petition was dismissed and the petitioner brings error. Reversed and Remanded With Directions. 1. […]

M G Engines, a partnership v. Dorothy Mroch No. 80CA0994Colorado Court of Appeals. Decided June 4, 1981. Appeal from the Superior Court of City and County of Denver, Honorable Charles E. Bennett, Judge. Robert W. Caddes, for plaintiff-appellant. Roath Brega, P.C., David W. Stark, for defendant-appellee. Division II. Page 1178 Opinion by JUDGE KELLY. [1] […]

Maurice Harris, Petitioner, v. The District Court of the City and County of Denver, and William G. Meyer, one of the Judges thereof, Respondents. No. 92SA288Supreme Court of Colorado. Decided January 11, 1993. Rehearing Denied February 1, 1993. Original Proceeding Page 1317 David F. Vela, Colorado State Public Defender, Robin A. Carey, Deputy State Public […]

Raymond Phillips, as an individual, Raymond Phillips, as surviving spouse and next friend and representative of the estate of Evelyn Phillips, Deceased, Plaintiff-Appellant, v. Dr. R.C. Beethe, M.D., Defendant-Appellee. No. 82CA1432Colorado Court of Appeals. Decided March 1, 1984. Appeal from the District Court of Kit Carson County Honorable Waino Johnson, Judge Page 127 Heyl, Bostrom, […]

(229 P.2d 933) LIEBHARDT v. AVISON ET AL. No. 16,328.Supreme Court of Colorado. Decided March 5, 1951. Rehearing denied April 2, 1951. A proceeding involving the construction of the will of a deceased person. Judgment for plaintiffs. Affirmed. 1. WILLS — Construction. “The cardinal rule in the interpretation of a will is to determine the […]

109 P.2d 637 MILLER’S GROCETERIA COMPANY v. FOOD DISTRIBUTORS ASSOCIATION. No. 14,532.Supreme Court of Colorado. Decided January 13, 1941. A suit to restrain alleged violations of the Unfair Practices Act. Judgment for plaintiff. Reversed. 1. UNFAIR PRACTICES ACT — Violations — Pleading. Acts charged to be in violation of the unfair practices law are such […]

In Re: Interrogatories of the United States District Court Pursuant to Rule 21.1; Lewis Roger Moore v. J. D. MacFarlane, Attorney General, of Colorado, Mary Estill Buchanan, Secretary of State of Colorado, Donald Nicholson, President of Election Commission of the City and County of Denver, John Simonet, Director of Corrections of the City and County […]

Timothy R. Schenck, Plaintiff-Appellee, v. Minolta Office Systems, Inc., Victor J. Yosha, and Russell Rumley, Defendants-Appellants. No. 89CA0649Colorado Court of Appeals. Decided June 28, 1990. Rehearing Denied July 26, 1990. Certiorari Denied December 17, 1990 (90SC513). Appeal from the District Court of Jefferson County Honorable Christopher J. Munch, Judge. Page 1132 Clifford L. Beem Associates, […]

Linda Lou Craig v. Elbert E. Rider, Miles Ericson Craig, Devisees in the Estate of LuLu Ann King, Deceased; United States Bank of Grand Junction, Personal Representative of the Estate of LuLu Ann King, Deceased No. 79CA0384Colorado Court of Appeals. Decided November 28, 1980. Rehearing denied December 26, 1980. Certiorari granted May 18, 1981. Appeal […]

PHOENIX CAPITAL, INC. and Phoenix Analytic Services, Inc., Plaintiffs-Appellants and Cross-Appellees, v. Robert M. DOWELL, Defendant-Appellee and Cross-Appellant. No. 05CA2712.Colorado Court of Appeals. July 26, 2007. Certiorari Denied February 19, 2008. Appeal from the City and County of Denver District Court, Joseph E. Meyer, III, J. Page 836 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

(523 P.2d 149) William G. Spickard, Lewis C. Boles, and John L. Pinder v. The Civil Service Commission of the City and County of Denver, consisting of Ted Bach, Arthur S. Bowman and Lawrence Perry; the City and County of Denver, a Municipal corporation; and the police department of the City and County of Denver, […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Alejandro GARCIA, Defendant-Appellant. No. 09CA0167.Colorado Court of Appeals. September 30, 2010. Appeal from the District Court, Logan County, John C. Penny, J. Page 1153 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 1154 […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Gregory D. THOMAS, Defendant-Appellant. No. 04CA0498.Colorado Court of Appeals. June 2, 2005. Appeal from the District Court, Arapahoe County, Cheryl L. Post, J. John W. Suthers, Attorney General, John D. Seidel, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee. Page 1285 Gregory D. Thomas, Pro Se. Opinion […]

(541 P.2d 71) The People of the State of Colorado v. Craig Thomas Clyne No. 26831Supreme Court of Colorado. Decided October 6, 1975. Interlocutory appeal by the People from a trial court order suppressing evidence of approximately thirteen ounces of marijuana seized during a search incident to an allegedly lawful arrest for hitchhiking. Affirmed 1. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Joe Tyler, Defendant-Appellant. No. 89CA0054Colorado Court of Appeals. Decided August 9, 1990. Rehearing Denied September 13, 1990. Certiorari Denied December 24, 1990 (90SC637). Appeal from the District Court of El Paso County Honorable Douglas E. Anderson, Judge. Page 1154 Duane Woodard, Attorney General, Charles B. Howe, […]

Richard Michael McCall v. The People of the State of Colorado No. 79SC298Supreme Court of Colorado. Decided February 2, 1981. Opinion modified and as modified rehearing denied February 23, 1981. Certiorari to the Colorado Court of Appeals Page 398 Peter H. Ney, for petitioner. J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy, Mary J. […]

(596 P.2d 1192) The People of the State of Colorado v. Joseph Raymond Gomez No. 79SA148Supreme Court of Colorado. Decided June 25, 1979. Interlocutory appeal by the prosecution from an adverse ruling on a motion to suppress. Ruling Affirmed. 1. CRIMINAL EVIDENCE — Exculpatory — Failure to Provide — Tests — Determination — Due Process […]

(302 P.2d 521) J. W. METZ LUMBER COMPANY, ET AL. v. HERBERT TAYLOR AND THE INDUSTRIAL COMMISSION OF COLORADO No. 17,996.Supreme Court of Colorado. Decided October 8, 1956. Rehearing denied November 5, 1956. Proceeding for review of an award of the Industrial Commission under the Workmen’s Compensation Law. From a judgment affirming the award the […]

The People of the State of Colorado, Complainant, v. Thomas Joseph Kerwin, Sr., Attorney-Respondent. No. 93SA202Supreme Court of Colorado. Decided October 18, 1993. Original Proceeding in Discipline Page 896 Linda Donnelly, Disciplinary Counsel, John S. Gleason, Assistant Disciplinary Counsel, for Complainant. Phillip S. Figa, for Attorney-Respondent. EN BANC. PER CURIAM [1] In this attorney disciplinary […]

William Craig Millis, William C. Spaller, Steve Acers, and William L. Peebles v. Board of County Commissioners of Larimer County, Colorado, and High Drive Water District, a public corporation and State of Colorado No. 79SA338Supreme Court of Colorado. Decided March 30, 1981. Rehearing denied April 20, 1981. Page 653 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

The People of the State of Colorado, Plaintiff-Appellee, v. James Melvin Walters, Defendant-Appellant. No. 89CA0802Colorado Court of Appeals. Decided August 15, 1991. Rehearing Denied September 26, 1991. Certiorari Denied December 23, 1991 (91SC600). Page 888 Appeal from the District Court of Jefferson County Honorable Ruthanne N. Polidori, Judge. Gale A. Norton, Attorney General, Raymond T. […]

Lynn K. Cassidy and Susan K. Ball, Plaintiffs-Appellants, v. Earl Dean Smith, Defendant-Appellee. No. 88CA1754Colorado Court of Appeals. Decided March 28, 1991. Rehearing Denied May 16, 1991. Certiorari Denied September 16, 1991 (91SC361). Appeal from the District Court of Routt County Honorable Rebecca Love Kourlis, Judge. Kavanaugh, Celeste and de Stigter, Alice M. de Stigter; […]

56 P.2d 37 MYERS v. ANDERSON. No. 13,660.Supreme Court of Colorado. Decided March 16, 1936. Action for damages for breach of contract. Judgment for plaintiff. Reversed. 1. CONTRACTS — Breach — Burden of Proof. Where, by contract, a party agrees to purchase from another “pure, unadulterated milk,” he does not, by at times accepting an […]

Archangel Diamond Corporation, Plaintiff-Appellant and Cross-Appellee, v. Arkhangelskgeoldobycha, Defendant-Appellee and Cross-Appellant, and. Lukoil, Defendant-Appellee. No. 02CA2368.Colorado Court of Appeals. March 25, 2004. Rehearing Denied June 17, 2004. Page 1209 City and County of Denver District Court No. 01CV6514, Honorable William D. Robbins, Judge. In this commercial dispute, plaintiff, Archangel Diamond Corporation, appeals the order dismissing […]

Ruben Brochner, Petitioner, v. Western Insurance Company, a Kansas Corporation, and the Community Hospital Association, a Colorado corporation, Respondents. No. 84SC55Supreme Court of Colorado. Decided September 2, 1986. Rehearing Denied September 29, 1986. Certiorari to the Colorado Court of Appeals Page 1294 Stevens Littman, P.C., Andrew C. Littman, for Petitioner. Cooper Kelley, P.C., Paul D. […]

Cynthia Renee ZELENOY, Plaintiff-Appellant, v. COLORADO DEPARTMENT OF REVENUE, MOTOR VEHICLE DIVISION, Respondent-Appellee. No. 06CA2635.Colorado Court of Appeals. July 24, 2008. Appeal from the District Court, Jefferson County, Christopher J. Munch, J. Page 539 Timothy Kelly Associates, LLC, Timothy Kelly, Denver, Colorado, for Plaintiff-Appellant. John W. Suthers, Attorney General, Ceri Williams, Assistant Attorney General, Denver, […]

In the Matter of the Claim of Death of Stanley Leroy Welham: Friedman’s Market, Inc., and State Compensation Insurance Fund, Petitioners, v. Elsie Eileen Welham and the Industrial Commission of Colorado, Respondents. No. 82CA0379Colorado Court of Appeals. Decided October 14, 1982. Review of Order of the Industrial Commission of the State of Colorado Page 761 […]

(427 P.2d 870) Terry Lynn Peppers v. The People of the State of Colorado No. 22181.Supreme Court of Colorado. Decided May 22, 1967. Defendant was convicted of the crime of larceny of a typewriter and brought error. Affirmed. 1. SEARCHES AND SEIZURES — Larceny — Lawnmower — Arrest — Typewriter — Automobile — Plain View […]

(382 P.2d 807) FLOYD JENNINGS v. CHESTER L. HOSKINSON, ET AL., AS BOARD OF COUNTY COMMISSIONERS OF JEFFERSON COUNTY. No. 20,134.Supreme Court of Colorado. Decided May 6, 1963. Rehearing denied May 27, 1963. From a judgment sustaining denial of a liquor license by the board of county commissioners, the applicant brings error. Affirmed. 1. INTOXICATING […]

131 P.2d 417 SLIFKA, A MINOR v. VIETTIE ET AL. No. 15,214.Supreme Court of Colorado. Decided November 9, 1942. An action for damages for personal injuries. Motion of defendant to dismiss, sustained, but no final order entered. On Application for Supersedeas. Writ of Error Dismissed. 1. APPEAL AND ERROR — No Final Judgment — Dismissal. […]

(520 P.2d 753) Thomas F. Lange v. Hilbert Schauer, Executive Director, Department of Institutions and Fred Wyse, Warden, Colorado State Penitentiary No. 25689Supreme Court of Colorado. Decided April 1, 1974. Rehearing denied April 22, 1974. From the granting of prisoner’s petition for a writ of habeas corpus which ordered that he be unconditionally released from […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Kyle Lee JAMISON, Defendant-Appellant. No. 07CA0675.Colorado Court of Appeals. July 23, 2009. Rehearing Denied October 22, 2009. Appeal from the District Court, El Paso County, Steven T. Pelican, J. John W. Suthers, Attorney General, Katherine A. Hansen, Senior Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee. Douglas […]

Margot Anderson, Plaintiff, v. Home Insurance Company, Defendant, and Frederick A. Lewis, Jr., M.D., and Frederick A. Lewis, M.D., P.C., Defendants-Appellees, and Concerning Yolanda Martinez, Appellant. No. 94CA1846Colorado Court of Appeals. Decided February 22, 1996 Petition for Rehearing DENIED March 21, 1996 Petition for Writ of Certiorari DENIED October 15, 1996 Appeal from the District […]

(414 P.2d 915) Gardner Motor Company, et al. v. Joseph E. Feistel, et al. No. 21612.Supreme Court of Colorado. Decided May 31, 1966. From a judgment of the trial court affirming an award of the Industrial Commission, the employer and the insurer bring error. Affirmed. 1. WORKMEN’S COMPENSATION — Evidence — Contracting Out — Statutory […]

Ray Tiger, Plaintiff-Appellee and Cross-Appellant, v. Joe Anderson, a/k/a Joseph A. Anderson, Defendant-Appellant and Cross-Appellee, and Richard D. Barrett and Frances Sperl, Defendants. No. 97CA0625.Colorado Court of Appeals. June 11, 1998. Rehearing Denied July 9, 1998. Certiorari Denied May 10, 1999. Appeal from the District Court of Adams County, Honorable Donald W. Marshall, Jr., Judge, […]

62 P.2d 1407 PEOPLE EX REL. CAMPBELL ET AL. v. CARSON, SUPERINTENDENT OF SCHOOLS FOR SAGUACHE COUNTY. No. 13,834.Supreme Court of Colorado. Decided November 23, 1936. Judgment affirmed en banc without written opinion. Mr. Justice Burke, sitting for Mr. Chief Justice Campbell. Mr. Justice Bouck not participating. Error to the District Court of Saguache County, […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Warren M. WOELLHAF, Defendant-Appellant. No. 06CA0075.Colorado Court of Appeals. October 4, 2007. Rehearing Denied December 13, 2007. Appeal from the District Court, Arapahoe County, Kenneth K. Stuart and Timothy L. Fasing, JJ. Page 28 John W. Suthers, Attorney General, Melissa D. Allen, Assistant Attorney General, Denver, […]

The People of the State of Colorado, In the Interest of J.M., R.M., and M.M., Children, Upon the Petition of the El Paso Department of Human Services, Petitioner-Appellee, and Concerning V.M., Respondent-Appellant. No. 02CA1318.Colorado Court of Appeals. Div. IV. May 8, 2003. Certiorari Denied August 4, 2003. El Paso County District Court No. 01JV0073; Honorable […]

(523 P.2d 159) Bruce Johnson, Arthur Poland, John J. McGuinness, Richard G. Gebhardt, Martha R. Weiser, Plan Boulder County, an association, and People United to Page 15 Reclaim the Environment, an association v. The Board of County Commissioners of the County of Boulder No. 73-136Colorado Court of Appeals. Decided April 23, 1974. Rehearing denied May […]

(523 P.2d 979) Great American Insurance Company, a Colorado corporation v. Ferndale Development Co., Inc., and Shroyer Construction Co., Inc., Colorado corporations No. C-463Supreme Court of Colorado. Decided June 17, 1974. Rehearing denied July 15, 1974. Action seeking reimbursement under an accident insurance policy for damage arising out of rupture of valve on water line […]

Cowin Company and United States Fidelity Guaranty Company, Petitioners, v. Maclovio Medina, The Industrial Claim Appeals Office of the State of Colorado, and Director, Division of Workers’ Compensation, Respondents. No. 91CA1400Colorado Court of Appeals. Decided November 5, 1992. Rehearing Denied December 3, 1992. Certiorari pending 12/18/92 (92SC806). Review of Order from the Industrial Claim Appeals […]

Ronald S. Fitzke, Petitioner v. The People of the State of Colorado, Respondent. No. 03PDJ050.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. December 17, 2003 [1] Attorney Regulation [2] Ronald S. Fitzke, attorney registration number 35293 was readmitted to the practice of law effective December 22, 2003. OPINION OF READMISSION Opinion […]

DENVER AREA LABOR FEDERATION, AFL-CIO, a Colorado Corporation; and JACK HAWKINS, Petitioners, v. VICTORIA BUCKLEY, Secretary of State for the State of Colorado, and COLORADO COMPENSATION INSURANCE AUTHORITY, Respondents. No. 95SC314Supreme Court of Colorado. September 23, 1996 Page 525 Certiorari to the Colorado Court of Appeals. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS. Dallas, Holland […]

(586 P.2d 231) The People of the State of Colorado v. Donna J. Draper No. 27977Supreme Court of Colorado. Decided November 13, 1978. Interlocutory appeal by the People seeking a reversal of a district court order suppressing evidence seized during a warrantless search of defendant’s home. Ruling Affirmed 1. SEARCHES AND SEIZURES — Warrantless — […]

(274 P.2d 968) WAGGENER v. HOLT CHEW MOTOR CO. No. 17,373.Supreme Court of Colorado. Decided October 11, 1954. Rehearing denied November 1, 1954. An action by plaintiff to recover alleged excess interest paid by him to defendant on a loan secured by deed of trust on certain real estate. Judgment for defendant. Reversed. 1. STATUTES […]

(557 P.2d 1195) The People of the State of Colorado v. Donald J. Zupancic No. 27118Supreme Court of Colorado. Decided December 13, 1976. Rehearing denied January 10, 1977. Interlocutory appeal by prosecution alleging that trial court erred in dismissing indictment charging defendant with jury tampering. Judgment Affirmed 1. GRAND JURY — Tamper or Obstruct — […]

156 P.2d 125 RANDAL v. THE PEOPLE. No. 15,477.Supreme Court of Colorado. Decided January 29, 1945. Plaintiff in error was convicted of involuntary manslaughter. Affirmed. 1. CRIMINAL LAW — Jury — Service — Appeal and Error. Where no objection is made to the service on jurors by the sheriff, who, being a witness for the […]

The People of the State of Colorado, Plaintiff-Appellee, v. Martin D. Elsbach, Defendant-Appellant. No. 95CA1245Colorado Court of Appeals. January 9, 1997 Petition for Rehearing DENIED January 30, 1997 Appeal from the District Court of Boulder County Honorable Murray Richtel, Judge No. 94CR729 Page 878 CAUSE REMANDED WITH DIRECTIONS Gale A. Norton, Attorney General, Stephen K. […]