Category: Colorado Court Opinions

(408 P.2d 66) Margaret W. Jorgensen, Et Al. v. St. Paul Fire and Marine Insurance Company. No. 20745Supreme Court of Colorado. Decided November 22, 1965. Action for wrongful death. From judgment in favor of garnishee in garnishment proceeding, plaintiffs bring error. Affirmed. 1. GARNISHMENT — Insurance Policy — Accident — Liability — Insurance Carrier — […]

(577 P.2d 293) Reba Casselman v. Denver Tramway Corporation, Eugene H. Adams, W. A. Alexander, G. B. Aydelott, M. F. Craney, R. B. Danks, Chris Dobbins, Montgomery Dorsey, John Evans, Jr., and A. R. Phipps, W. A. Alexander, Trustee, and Travelers Indemnity Company No. C-1286Supreme Court of Colorado. Decided April 17, 1978. Complaint for damages […]

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. […]

(507 P.2d 1132) Jane K. Simonton, a/k/a Jane Simonton, a/k/a Jane Elizabeth Simonton v. Continental Casualty Company No. 71-486Colorado Court of Appeals. Decided March 20, 1973. In action on life insurance policy decisive issue was whether decedent had fallen or jumped from an office building window. From a jury verdict in favor of plaintiff, insurer […]

(425 P.2d 34) George D. Kirkham and Imperial Casualty and Indemnity Company, a Nebraska Corporation v. Hickerson Bros. Truck Co., a Kansas corporation. No. 21153.Supreme Court of Colorado. Decided March 13, 1967. Action for damages for injuries allegedly sustained as a result of the negligence of two of the agents of truck company. From an […]

(521 P.2d 1287) Christine Valenzuela and Manuel A. Valenzuela v. Mercy Hospital, Denver, Colorado, a Colorado corporation, Jane Doe, Jane Roe, Mary Doe, Mary Roe, names unknown who were or are employees or agents of Mercy Hospital, Denver, Colorado, a Colorado corporation No. 73-162Colorado Court of Appeals. Decided April 16, 1974. In action for personal […]

(486 P.2d 38) Frank B. Carey v. Barbara A. Carey No. 70-658 (Supreme Court No. 24156)Colorado Court of Appeals. Decided March 30, 1971. Rehearing denied April 20, 1971. Certiorari denied June 28, 1971. Father sought equitable relief from two judgments entered on child support arrearages. From denial of relief as to one judgment and refusal […]

(484 P.2d 131) Inter-State Detective Bureau, Inc., A Colorado Corporation v. The Denver Post, Inc., A Colorado Corporation No. 70-655 (Supreme Court No. 24053)Colorado Court of Appeals. Decided March 23, 1971. Rehearing denied April 13, 1971. Libel action against daily newspaper. From directed verdict for defendant, plaintiff appealed. Affirmed 1. LIBEL AND SLANDER — Libel […]

In re the MARRIAGE OF Jacqueline Elaine ENSMINGER, Petitioner, and Gary D. Ensminger, Respondent, and Concerning Norman B. Beecher, Attorney-Appellant, and Keith Bollenbaugh, Subpoenaed Third Party, Appellee. No. 07CA2290.Colorado Court of Appeals. December 11, 2008. Rehearing Denied February 19, 2009. Certiorari Denied June 15, 2009. Appeal from the District Court, Jefferson County, R. Brooke Jackson, […]

The People of the State of Colorado, Complainant, v. Mark Louis Davis, Attorney-Respondent. No. 97SA407Supreme Court of Colorado. January 12, 1998 Original Proceeding in Discipline Page 599 PUBLIC CENSURE Linda Donnelly, Disciplinary Counsel, Kenneth B. Pennywell, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. Mark Louis Davis, Pro Se, Lakewood, Colorado. EN BANC PER CURIAM […]

(610 P.2d 1075) The Denver Post, Inc., a Colorado corporation v. Department of Labor and Employment, Industrial Commission of the State of Colorado (Ex-Officio Unemployment Compensation Commission of Colorado), and John A. Abell, et al. No. C-1738Supreme Court of Colorado. Decided May 12, 1980. Certiorari granted to review decision of the court of appeals, 41 […]

Barbara Thornbury and Bob Thornbury, Plaintiffs-Appellants, v. Jack C. Allen, Defendant-Appellee. No. 00CA1533Colorado Court of Appeals. June 21, 2001 Summit County District Court No. 96CV53; Honorable W. Terry Ruckriegle, Judge. JUDGMENT AFFIRMED Page 1196 Law Office of Lynne Sholler, P.C., Lynne M. Sholler, Durango, Colorado, for Plaintiffs-Appellants Dunn Abplanalp, P.C., John W. Dunn, Vail, Colorado, […]

The People of the State of Colorado, Complainant, v. James Steven Creasey, Attorney-Respondent. No. 91SA53Supreme Court of Colorado. Decided May 20, 1991. Original Proceeding in Discipline. Page 41 Linda Donnelly, Disciplinary Counsel, for Complainant. No Appearance for Attorney-Respondent. EN BANC PER CURIAM [1] A hearing board of the Supreme Court Grievance Committee recommended that the […]

Landmark Petroleum, Inc., Plaintiff-Appellee, and Board of Assessment Appeals, Appellee, v. Board of County Commissioners of the County of Mesa, Respondent-Appellant. No. 92CA2018Colorado Court of Appeals. Decided December 16, 1993. Rehearing Denied February 3, 1994. Appeal from the Colorado State Board of Assessment Appeals No. 19137 JUDGMENT AFFIRMED Page 611 Dufford, Waldeck, Milburn Krohn, William […]

Robin Urevich, and Association of Community Organizations for Reform Now, Plaintiffs-Appellants, v. Duane Woodard, Attorney General for the State of Colorado; and Natalie Meyer, Secretary of State for the State of Colorado, Defendants-Appellees. No. 82SA235Supreme Court of Colorado. Decided July 18, 1983. Rehearing Denied August 22, 1983. Appeal from the District Court of the City […]

The People of the State of Colorado, Plaintiff-Appellee, v. Kenneth Eugene Wilson, Defendant-Appellant. No. 89CA0602Colorado Court of Appeals. Decided March 14, 1991. Rehearing Denied April 11, 1991. Certiorari Denied October 28, 1991 (91SC281). Page 511 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

In re the Marriage of Edward I. Goldin, Appellant, and Janet B. Goldin, Appellee. No. 95CA0362Colorado Court of Appeals. Decided July 25, 1996 Page 377 Appeal from the District Court of El Paso County, Honorable Douglas E. Anderson, Judge, No. 92DR2503. JUDGMENT REVERSED AND CAUSE REMANDED WITH DIRECTIONS Page 378 Timothy B. Walker, Littleton, Colorado, […]

(545 P.2d 1042) Weaver Construction Co., a Colorado corporation v. The District Court in and for El Paso County, 4th Judicial District, the Honorable George M. Gibson, one of the judges thereof No. 27016Supreme Court of Colorado. Decided February 2, 1976. Original proceeding under C.A.R. 21 in which judgment lienor seeks to prevent district court […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Shannon Dean MERROW, Defendant-Appellant. No. 05CA2023.Colorado Court of Appeals. August 23, 2007. Certiorari Denied April 14, 2008. Appeal from the District Court, El Paso County, Larry E. Schwartz, J. Page 320 John W. Suthers, Attorney General, Matthew D. Grove, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee. […]

The People of the State of Colorado, Plaintiff-Appellant, v. Insuk Bagby, Defendant-Appellee. No. 85SA74Supreme Court of Colorado. Decided March 30, 1987. Rehearing Denied April 27, 1987. Appeal from District Court, El Paso County Honorable William E. Rhodes, Judge Page 1060 Barney Iuppa, District Attorney, Scott W. Storey, Deputy District Attorney, for Plaintiff-Appellant. Anthony A. Johnson, […]

The People of the State of Colorado v. Gilbert Anthony Cabral No. 80SA212Supreme Court of Colorado. Decided May 11, 1981. Rehearing denied June 22, 1981. Appeal from the District Court of Jefferson County, Honorable Michael C. Villano, Judge. Page 576 J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy, Mary J. Mullarkey, Solicitor General, Susan […]

The People of the State of Colorado, Petitioner, v. Lloyd Saldana, Respondent. No. 94SC329Supreme Court of Colorado. Decided June 26, 1995, Rehearing Denied July 24, 1995. Certiorari to the Colorado Court of Appeals. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS. Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy Attorney General, Timothy M. Tymkovich, […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee v. Edward MONTOUR, Jr., Defendant-Appellant. No. 02SA365.Supreme Court of Colorado. April 23, 2007. Rehearing Denied May 14, 2007. Appeal from the District Court, Lincoln County, and District Court, Douglas County, Paul A. King, J. Page 490 Carol A. Chambers, District Attorney, Eighteenth Judicial District John Topolnicki, Chief […]

V.O.B. Company, a Partnership, Plaintiff-Appellant and Cross-Appellee, v. Hang It Up, Inc., a Colorado Corporation, Defendant-Appellee and Cross-Appellant. No. 82CA1510Colorado Court of Appeals. Decided November 1, 1984. Appeal from the District Court of the City and County of Denver Honorable Gilbert A. Alexander, Judge Page 1158 Mark A. Senn, Linda L. Siderius, for Plaintiff-Appellant and […]

(367 P.2d 329) THE GREAT WESTERN SUGAR COMPANY, ET AL. v. EDWARD ERBES. No. 19,693.Supreme Court of Colorado. Decided December 18, 1961. Action against owner of heavy equipment for damages for personal injuries resulting from negligent operation by owner’s employee. Judgment for plaintiff. Affirmed. 1. WORKMEN’S COMPENSATION — Landowner — Negligence — Injury to Employee […]

(366 P.2d 373) LYDIA ANTOINETTE LOPEZ v. LOUIS E. LOPEZ. No. 19,978.Supreme Court of Colorado. Decided November 20, 1961. Contempt proceedings in separate maintenance action. From order modifying support payments the plaintiff brings error. Reversed. 1. HUSBAND AND WIFE — Separate Maintenance — Support — Amount. In determining amount of support to be awarded in […]

Colorado Common Cause, the Colorado affiliate of Common Cause, a District of Columbia non-profit corporation, and Rosalie Schiff, a qualified elector of the State of Colorado, Plaintiffs-Appellants and Cross-Appellees, v. Natalie Meyer, in her official capacity as Colorado Secretary of State, Defendant-Appellee and Cross-Appellant, and Colorado Association of Commerce and Industry, a Colorado corporation, Intervenor […]

122 P.2d 241 WILSON v. WILSON. No. 14,959.Supreme Court of Colorado. Decided December 22, 1941. Rehearing denied February 2, 1942. A divorce proceeding involving custody of minor children. A decree of divorce was granted the wife, and custody of the children was awarded to the husband. Reversed. On Application for Supersedeas. 1. DIVORCE AND ALIMONY […]

Colorado Rocky Mountain School, Inc., a Colorado nonprofit corporation, Plaintiff-Appellant, v. Henry F. Shriver, Charles H. Bradley, F. William Beier, as members of the Board of Assessment Appeals, State of Colorado, and Mary Anne Maurer, as Property Tax Administrator, Division of Property Taxation, State of Colorado, Defendants-Appellees. No. 83CA0805Colorado Court of Appeals. Decided March 22, […]

Colorado Common Cause, a registered not-for-profit corporation, and Pete Maysmith, Executive Director of Colorado Common Cause, Complainants-Appellees, v. Mike Coffman, Colorado State Treasurer, Respondent-Appellant. No. 01CA1709.Colorado Court of Appeals. March 27, 2003. Opinion Modified, and As Modified, Petition for Rehearing DENIED Page 552 May 29, 2003.[*] Certiorari Granted March 1, 2004. [*] JONES, J., does […]

(474 P.2d 607) John Henry Schwader also known as John Schwader v. The District Court in and for the Tenth Judicial District, State of Colorado and the Honorable S. Philip Cabibi, one of the District Judges in and for the Tenth Judicial District, State of Colorado. No. 24820.Supreme Court of Colorado. Decided September 14, 1970. […]

(579 P.2d 1181) Robert W. Hover and Billie C. Hover v. Mary Dorothea Clamp and George V. Clamp No. 76-791Colorado Court of Appeals. Decided March 2, 1978. Rehearing denied March 23, 1978. Certiorari denied June 19, 1978. From judgment entered in comparative negligence action arising from automobile accident, plaintiffs appealed damages awarded. Reversed 1. DAMAGES […]

DOLORES HUERTA PREPARATORY HIGH, Laura Maestes, Denise Gallegos, and Maritza Martinez, Plaintiffs-Appellants, v. COLORADO STATE BOARD OF EDUCATION and Pueblo School District No. 60, a Colorado municipal corporation, Defendants-Appellees. No. 08CA0664.Colorado Court of Appeals. April 2, 2009. Page 1230 Appeal from the District Court, City and County of Denver, Catherine A. Lemon, J. Page 1231 […]

(336 P.2d 305) WILLIAM MARKER, ET AL. v. THE CITY OF COLORADO SPRINGS, ET AL. No. 18,643.Supreme Court of Colorado. Decided February 2, 1959. Rehearing denied March 23, 1959. Proceeding to review action of city in granting a variance permit for the erection of a medical building in a residence zone. Judgment for defendants. Affirmed. […]

210 P.2d 610 HEIL v. ZINK. No. 16,168.Supreme Court of Colorado. Decided October 3, 1949. An action for damages for personal injuries resulting from a fist fight. Judgment for defendant. Affirmed. 1. ASSAULT AND BATTERY — Damages — Mitigation — Evidence. In an action for damages for personal injuries resulting from a personal assault, evidence […]

Jarvis James, Petitioner, v. The People of the State of Colorado, Respondent. No. 84SC399Supreme Court of Colorado. Decided November 3, 1986. Rehearings Denied December 2, 1986. Certiorari to the Colorado Court of Appeals Page 851 David F. Vela, Colorado State Public Defender, Douglas D. Barnes, Deputy State Public Defender, for Petitioner. Duane Woodard, Attorney General, […]

People of the State of Colorado, Plaintiff-Appellant, v. Glen Hickman, Defendant-Appellee. No. 98SA29.Supreme Court of Colorado. En Banc. November 8, 1999. Rehearing Denied November 29, 1999. Page 629 Appeal from the District Court of Mesa County, Amanda D. Bailey, J. Affirmed in part, reversed in part, and remanded. Page 630 [1] [EDITORS’ NOTE: THIS PAGE […]

Comprehensive Addiction Treatment Services, Inc., a Colorado corporation, Irene Rosenfeld and Jerald V. Rosenfeld, Plaintiffs-Appellants, v. City and County of Denver, a single body politic and corporate; Board of Zoning Adjustment for the City and County of Denver; Robert Boom, Charles Cousins, Catherine Cheeber, Ernest Capillupo and John Quintana, as members of the Board of […]

(221 P.2d 374) LIVELY ET AL. v. WICK ET AL. No. 16,412.Supreme Court of Colorado. Decided July 1, 1950. Rehearing denied August 14, 1950. An action concerning boundary lines and title to real property. Judgment for plaintiffs. Reversed. 1. FENCES — Purposes. “The two main purposes of a fence are to act as a barrier […]

In re the Marriage of Connie L. MOCKELMANN, Appellee, and Henry A. Mockelmann, III, Appellant. No. 04CA0760.Colorado Court of Appeals. August 11, 2005. Appeal from the District Court, City and County of Denver, Christina M. Habas. Page 336 Miller, Makkai Dowdle, Patrick D. Dowdle, Denver, Colorado; Recht Kornfeld, P.C., Daniel N. Recht, Heather R. Hanneman, […]

(502 P.2d 70) The People of the State of Colorado v. Gilbert Pacheco No. 24914Supreme Court of Colorado. Decided October 24, 1972. Defendant was convicted of second-degree murder and appealed. Affirmed 1. CRIMINAL LAW — Objection — Unrelated Offenses — Failure to Take Witness Stand. Normally, mention of unrelated offenses would be subject to serious […]

The People of the State of Colorado, Plaintiff-Appellee, v. Carlos Abad, Defendant-Appellant. No. 96CA1100.Colorado Court of Appeals. Division V. October 16, 1997. Rehearing Denied December 11, 1997. Certioari Denied August 24, 1998. Appeal from the District Court, City and county of Denver, Lynne M. Hufnagel, J. Page 291 Gale A. Norton, Attorney General, Martha Phillips […]

(361 P.2d 627) LLOYD B. LADD, ET AL. v. BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY, ET AL. No. 19,002.Supreme Court of Colorado. Decided May 1, 1961. Rehearing denied May 22, 1961. From judgment affirming denial of their application for a liquor license, the plaintiffs bring error. Reversed. 1. INTOXICATING LIQUOR — License — Denial […]

35 P.2d 492 CLAYTON COAL COMPANY ET AL. v. DE SANTIS ET AL. No. 13,559.Supreme Court of Colorado. Decided July 23, 1934. Proceeding under the Workmen’s Compensation Act. Judgment for claimant. Affirmed. 1. WORKMEN’S COMPENSATION — Contributory Negligence. The Workmen’s Compensation Act has abolished the defense of contributory negligence. 2. Safety Rules — Violation — […]

The People of the State of Colorado, Plaintiff-Appellant (Plaintiff-Appellee), v. Richard Juan Mascarenas, Defendant-Appellee (Defendant-Appellant). No. 80SA201 No. 81SA385Supreme Court of Colorado. Decided June 20, 1983. Opinion Modified and, as Modified. Rehearings Denied July 11, 1983. Appeal from the District Court of El Paso County, Honorable Richard V. Hall, Judge. Appeal from the District Court […]

166 P.2d 559 MOSHER v. SCHUMM. No. 15,261.Supreme Court of Colorado. Decided February 11, 1946. An action to recover one-half the cost of construction and maintenance of a partition fence. Judgment for plaintiff. Reversed. 1. FENCES — Partition — Statutes. Where no partition fence has been built and the conditions of ownership, occupancy and use […]

American Respiratory Care Services, Plaintiff-Appellant, v. Manager of Revenue, City and County of Denver; Tami A. Tanou; City Attorney Stephen H. Kaplan; and City Attorney Patricia L. Wells, Defendants-Appellees. No. 91CA1053Colorado Court of Appeals. Decided July 30, 1992. Appeal from the District Court of the City and County of Denver Honorable William G. Meyer, Judge. […]

(344 P.2d 181) HENRY JOHNSON v. PEOPLE OF THE STATE OF COLORADO. No. 18,968.Supreme Court of Colorado. Decided September 14, 1959. Rehearing denied October 5, 1959. Defendant was convicted of murder in the second degree and seeks review by writ of error. Writ of Error Dismissed. 1. CRIMINAL LAW — Appeal and Error — Writ […]

(345 P.2d 726) R. FRANKLIN McKELVEY, EXECUTOR, ETC. v. DISTRICT COURT OF LA PLATA COUNTY, ET AL. No. 19,211.Supreme Court of Colorado. Decided November 2, 1959. Original proceeding in prohibition to restrain district court from proceeding in matter of appeal from county court. Rule to show cause issued. Rule Made Absolute. 1. PROHIBITION — Courts […]

Terrill Lee Kenney, Plaintiff-Appellee, v. Alan Charnes, Director of the Department of Revenue, Motor Vehicle Division, State of Colorado, and The Motor Vehicle Division, State of Colorado, Defendants-Appellants. No. 85CA0178Colorado Court of Appeals. Decided March 13, 1986. Appeal from the District Court of Adams County Honorable Harlan Bockman, Judge Page 1021 Polidori, Rasmussen, Gerome Jacobson, […]

The People of the State of Colorado, Petitioner, v. Antonio Harris, Respondent. No. 86SC285Supreme Court of Colorado. Decided July 5, 1988. Rehearing Denied August 15, 1988. Certiorari to the Colorado Court of Appeals Page 652 Duane Woodard, Attorney General, Charles B. Howe, Deputy Attorney General, Richard H. Forman, Solicitor General, Peter J. Stapp, Assistant Attorney […]

68 P.2d 541 CLARK v. EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES. No. 13,964.Supreme Court of Colorado. Decided May 10, 1937. Suit on accident insurance policy. Directed verdict for plaintiff for benefit payment for one month only. Affirmed. 1. INSURANCE — Accident. An accident insurance policy providing for payment of disability benefits if the […]

105 P.2d 1086 KEITHLINE ET AL. v. KEITHLINE ET AL. No. 14,818.Supreme Court of Colorado. Decided September 3, 1940. Rehearing denied October 7, 1940. Suit in partition involving the distribution of the proceeds of the estate of a deceased person. Judgment for defendants. Affirmed. On Application for Supersedeas. 1. PARTITION — Trial — Sufficiency of […]

(422 P.2d 371) Ned Russell McDaniel v. The People of the State of Colorado. No. 21787Supreme Court of Colorado. Decided January 16, 1967. Defendant was convicted of the crime of larceny by bailee. From a judgment denying his motion for post-conviction relief, the defendant brought error. Reversed 1. CRIMINAL LAW — Counsel — Representation — […]

32 P.2d 189 DENISON CLAY COMPANY ET AL. v. PENNOCK ET AL. No. 12,931.Supreme Court of Colorado. Decided April 16, 1934. Action to compel delivery of corporate stock purchased, and for return of a promissory note. Judgment for plaintiffs. Affirmed. 1. BILLS AND NOTES — Conditional — Parol Evidence. Where the execution and delivery of […]

The People of the State of Colorado, Plaintiff-Appellee, v. Larry Wayne White, Defendant-Appellant. No. 89CA0883Colorado Court of Appeals. Decided July 26, 1990. Rehearing Denied September 6, 1990. Certiorari Denied February 4, 1991 (90SC632). Appeal from the District Court of the City and County of Denver Honorable Robert S. Hyatt, Judge Page 248 Duane Woodard, Attorney […]

(349 P.2d 131) LARRY OHMIE, BY HIS FATHER AND NEXT FRIEND v. MARY PAULINE MARTINEZ, ADMINISTRATRIX, ETC. No. 18,568.Supreme Court of Colorado. Decided February 1, 1960. Rehearing denied February 23, 1960. Action against administratrix for damages resulting from automobile accident, allegedly caused by negligence of defendant’s intestate. Judgment for defendant. Reversed. 1. COURTS — Jurisdiction […]

205 P.2d 233 READ v. THE PEOPLE. No. 16,192.Supreme Court of Colorado. Decided March 28, 1949. Plaintiff in error was convicted of murder of the second degree. Reversed. 1. CRIMINAL LAW — Homicide — Instructions — Appeal and Error. When there is evidence, however improbable, unreasonable or slight, which tends to reduce a homicide to […]

Edward E. Pagel and Carmen D. Pagel, Bill Hamlin, Mr. and Mrs. Calvin Wilson, Mr. and Mrs. Lester Ray Null, Ruby Coleman, Mr. and Mrs. Larry Blackberg, James R. Powers, Elias Solis, Mr. and Mrs. Danny J. Gentry, Mr. and Mrs. Roger Goff, Mr. and Mrs. Robert Schrader and Mr. and Mrs. Leo A. Sell […]

The People of the State of Colorado, Plaintiff-Appellant, v. Paul Chavez, Defendant-Appellee. No. 88SA136Supreme Court of Colorado. Decided September 18, 1989. Appeal from the District Court Las Animas County Honorable Jesse C. Manzanares, Judge. Page 376 Jon Neil Barclay, District Attorney, for Plaintiff-Appellant. Garrett Sheldon, for Defendant-Appellee. EN BANC JUSTICE ERICKSON delivered the Opinion of […]

(431 P.2d 863) Roger Dougherty v. Hulda McKelheer No. 21918.Supreme Court of Colorado. Decided September 25, 1967. Action by payee against maker to recover amount claimed to be due on a promissory note. Judgment for plaintiff. Affirmed. Error to the District Court of the City and County of Denver, Honorable Robert W. Steele, Judge. Donald […]

John R. Beechwood, Plaintiff-Appellant, v. Board of Education of School District No. 11 in the County of El Paso, and State of Colorado, Defendant-Appellee. No. 87CA0329Colorado Court of Appeals. Decided December 29, 1988. Review of Order from the Board of Education of El Paso School District No. 11 Page 1235 Martha R. Houser, Steven L. […]

Foley Custom Homes, Inc., Plaintiff-Appellant, v. Gary L. Flater and Karen L. Flater, Defendants-Appellees. No. 93CA1895Colorado Court of Appeals. Decided December 15, 1994 Appeal from the District Court of Arapahoe County Honorable John P. Leopold, Judge No. 92CV2563. JUDGMENT REVERSED AND CAUSE REMANDED WITH DIRECTIONS. Reece Baker, Susan F. Baker, Joe T. Reece, Denver, Colorado; […]

(451 P.2d 440) C.B. Johnson and C.B. Johnson Gravel Products Co. v. Stella May Pavich, La Plata Abstract Company, and St. Paul Fire and Marine Insurance Company No. 22193.Supreme Court of Colorado. Decided March 17, 1969. Action to recover damages for trespass and for removal of sand and gravel from land to which plaintiff and […]

In the Matter of the Death of Leroy Talbert (Deceased). Eleanor Talbert, Petitioner, v. The Industrial Commission of the State of Colorado and City and County of Denver, Respondents. No. 83CA1070Colorado Court of Appeals. Decided August 2, 1984. Rehearing Denied August 30, 1984. Certiorari Denied January 14, 1985. Review of Order from the Industrial Commission […]

(274 P.2d 97) KLING v. PHAYER, ADMINISTRATRIX. No. 17,368.Supreme Court of Colorado. Decided September 7, 1954. An action for damages resulting from an automobile accident. Judgment for plaintiff. Affirmed. 1. AUTOMOBILES — Accidents — Damages — Funeral Expenses. In an action for damages resulting from an automobile accident, it is held on review that the […]

(498 P.2d 1142) The People of the State of Colorado v. Larry Lynn King No. 24774Supreme Court of Colorado. Decided June 26, 1972. Rehearing denied July 17, 1972. Defendant was convicted of possession of narcotic drugs and sale of narcotic drugs and appealed. Reversed 1. DRUGS AND DRUGGISTS — Possession — Sale — Cross-Examination — […]

150 P.2d 795 JONES, CONSERVATOR v. MAWSON-PETERSON LUMBER COMPANY. No. 15,180.Supreme Court of Colorado. Decided July 3, 1944. An action to recover a sum alleged to be due plaintiff for materials furnished for the erection of a garage building, and for a decree foreclosing a mechanic’s lien on the premises. Judgment for plaintiff. Affirmed. 1. […]

(505 P.2d 26) John Cecil Hylton v. City of Colorado Springs No. 72-004Colorado Court of Appeals. Decided January 9, 1973. In county court trial de novo of municipal reckless driving conviction, guilty verdict was returned. Following district court affirmance of that verdict, convicted driver brought injunctive action to restrain city from executing on its judgment […]

Longmont Retirement Residence, a limited partnership, and Colson and Colson Construction Co., an Oregon partnership, General Partner, Plaintiffs-Appellants and Cross-Appellees, v. City of Longmont, Longmont City Council, Larry Burkhardt, William G. Swenson, Dan Benavidez, John Caldwell, David Chrisman, Basil Irwin and Thomas McCoy, Defendants-Appellees and Cross-Appellants. No. 87CA0124Colorado Court of Appeals. Decided September 29, 1988. […]

Franz J. Scholz and Ingeborg O. Scholz, Plaintiffs-Appellants and Cross-Appellees, v. Metropolitan Pathologists, P.C., a Colorado corporation, Defendant-Appellee and Cross-Appellant. No. 92SA277Supreme Court of Colorado. Decided April 26, 1993. Rehearing Denied June 7, 1993. Appeal from the District Court, City and County of Denver Honorable Warren O. Martin, Judge Page 902 Haddon, Morgan Foreman, P.C., […]

The People of the State of Colorado, Complainant, v. Jimmie Joe Honaker, Attorney-Respondent. No. 91SA35Supreme Court of Colorado. Decided June 3, 1991. Original Proceeding in Discipline. Linda Donnelly, Disciplinary Counsel, John S. Gleason, Assistant Disciplinary Counsel, for Complainant. Jimmie Joe Honaker, Pro Se. EN BANC PER CURIAM [1] In this disciplinary proceeding, a hearing board […]

The People of the State of Colorado, Complainant, v. Lloyd W. Macy, Attorney-Respondent. No. 90SA9Supreme Court of Colorado. Decided April 2, 1990. Original Proceeding in Discipline Linda Donnelly, Disciplinary Counsel, John Gleason, Assistant Disciplinary Counsel, for Complainant. Lloyd W. Macy, Pro se. EN BANC PER CURIAM [1] This is an attorney discipline case in which […]

(532 P.2d 340) Marvin McClure v. The District Court of the Fourth Judicial District and the Honorable William E. Rhodes No. 26702Supreme Court of Colorado. Decided February 3, 1975. Rehearing denied March 10, 1975. Original proceeding by which petitioner seeks relief from a sentence imposed by respondent district court for his conviction of the crime […]

(365 P.2d 245) JOHN M. SCHOOLEY, MANAGER OF SAFETY, ETC., v. HAROLD B. STEINBERG. No. 19,959.Supreme Court of Colorado. Decided October 9, 1961. Rehearing denied October 23, 1961. From a judgment ordering licensing authority to issue liquor license to applicant, the defendant brings error. Reversed. 1. INTOXICATING LIQUOR — Licensing Authority — Findings — Denial […]

The People of the State of Colorado v. Anthony Benny Martinez No. 79CA1097Colorado Court of Appeals. Decided October 29, 1981. Rehearing denied November 27, 1981. Certiorari denied September 13, 1982. Appeal from the District Court of El Paso County, Honorable Richard V. Hall, Judge. Page 175 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]

The People of the State of Colorado, Plaintiff-Appellant v. Jonathan Edward Matheny, Defendant-Appellee. No. 01SA355Supreme Court of Colorado. May 20, 2002 Interlocutory Appeal from the Park County District Court, Case No. 01CR24, Honorable Kenneth M. Plotz, Judge. ORDER AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED Page 454 No. 01SA355, People v. Matheny: Criminal […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Raul GOMEZ-GARCIA, Defendant-Appellant. No. 06CA2556.Colorado Court of Appeals. September 3, 2009. Appeal from the City and County of Denver District Court, Larry J. Naves, J. Page 1020 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

143 P.2d 1017 NORMAN v. BOYER. No. 15,164.Supreme Court of Colorado. Decided December 6, 1943. A suit in equity to enjoin a physician from practicing his profession in violation of a covenant contained in a written agreement. Judgment of dismissal. Affirmed. 1. LACHES — Statute of Limitations. Mere delay short of the running of the […]

(515 P.2d 1130) O’Dell Dilworth v. Brad Leach, Sheriff of Boulder County, Colorado No. 25911Supreme Court of Colorado. Decided November 12, 1973. Appeal from an order of the district court discharging petitioner-appellant’s petition for writ of habeas corpus. Page 207 Affirmed 1. EXTRADITION — Valid — Unlawful Arrest. An unlawful arrest does not void otherwise […]

60 P.2d 1089 LEWIS ET AL. v. THE PEOPLE. No. 13,614.Supreme Court of Colorado. Decided June 29, 1936. Rehearing denied September 28, 1936. Plaintiffs in error were convicted of embezzlement. Reversed. 1. CRIMINAL LAW — Embezzlement — Conversion. If officers of a savings and building association were entitled to commissions on stock sales, they were […]

John K. Fogg, II, Petitioner, v. Mario R. Macaluso and The County of Pueblo, Respondents. No. 93SC606Supreme Court of Colorado. Decided March 6, 1995 Certiorari to the Colorado Court of Appeals. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS. Page 272 Peter J. Obernesser, Esq., Patrick J. Canty, Esq., Colorado Springs, Colorado, Attorneys for Petitioner. Vaughan […]

(516 P.2d 114) The People of the State of Colorado v. Roy Michael Williams No. 25605Supreme Court of Colorado. Decided November 26, 1973. Defendant was convicted of one count of conspiracy and of the crimes of robbery and unlawfully entering a motor vehicle and appealed. Affirmed 1. CONSTITUTIONAL LAW — Lineups — One-On-One — Not […]

Allied Mutual Insurance Company, and Iowa corporation, Plaintiff-Appellee, v. Home Insurance Company, a New Hampshire corporation, Defendant-Appellant. No. 89CA0364Colorado Court of Appeals. Decided March 15, 1990. Opinion Modified, and as Modified Rehearing Denied May 10, 1990. Certiorari Denied September 24, 1990 (90SC352). Appeal from the District Court of the City and County of Denver Honorable […]