Category: Colorado Court Opinions

The People of the State of Colorado, Plaintiff-Appellee, v. Anthony F. McPherson, Defendant-Appellant. No. 93CA1177Colorado Court of Appeals. Decided May 18, 1995 Appeal from the District Court of Boulder County Honorable Murray Richtel, Judge No. 91CR1035 JUDGMENT AFFIRMED AND CAUSE REMANDED WITH DIRECTIONS. Page 924 Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy […]

(560 P.2d 470) The People of the State of Colorado v. Henry Louis Harmes No. 75-393Colorado Court of Appeals. Decided November 26, 1976. Petition for rehearing granted and prior opinion announced October 14, 1972, withdrawn. Rehearing on November 26 opinion denied December 16, 1976. In trial for second degree assault, a videotape showing the alleged […]

Robert Metcalfe, Petitioner, v. Bruning Division of AMI; Liberty Mutual Insurance Company; Subsequent Injury Fund of the State of Colorado; The Industrial Claim Appeals Office of the State of Colorado; and David Mitchem, Director of the Division of Labor and Employment, State of Colorado, Respondents. No. 92CA1599Colorado Court of Appeals. Decided September 9, 1993. Review […]

The People of the State of Colorado, Complainant, v. Linwood Tyrone Holt, Attorney-Respondent. No. 91SA425Supreme Court of Colorado. Decided July 20, 1992. Original Proceeding in Discipline. Linda Donnelly, Disciplinary Counsel, James C. Coyle, Assistant Disciplinary Counsel, for Complainant. Alex Stephen Keller, for Respondent. Page 949 EN BANC PER CURIAM [1] In this attorney disciplinary proceeding, […]

Town of Silverton, a Statutory Town, Plaintiff-Appellant, v. The Phoenix Heat Source System, Inc., a Colorado corporation; Ronald W. Van Kleeck; J-M Constructors, Inc., a Colorado corporation; Nichols Electric, Inc., a Colorado corporation; Reynolds/Larson Associates, Inc., a Colorado corporation, Defendants-Appellees. No. 95CA1576Colorado Court of Appeals. January 9, 1997 Opinion modified, and As Modified, Petitions for […]

(442 P.2d 406) Elihue Henson v. The People of the State of Colorado. No. 22676.Supreme Court of Colorado. Decided June 24, 1968. Rehearing denied July 15, 1968. Defendant was convicted of forgery and brought error. Affirmed. 1. FORGERY — Instruction — Lack of Objection — Motion for New Trial — Review — Negative — Error […]

In re the Marriage of Salvador A. Rivera, Appellant, and. Benita R. Quintana, n/k/a Benita R. Thompson, Appellee. No. 03CA0235.Colorado Court of Appeals. March 25, 2004. City and County of Denver District Court No. 90DR1098, Honorable Joseph E. Meyer, III, Judge. Salvador A. Rivera (father) appeals from the district court order adopting the order of […]

Thomas A. Smith, Plaintiff-Appellee, v. The Honorable Alan Robert Beckman, County Court Judge of the Eighteenth Judicial District, Defendant-Appellant. No. 84CA0161Colorado Court of Appeals. Decided April 26, 1984. Rehearing Denied May 24, 1984. Certiorari Denied July 9, 1984. Appeal from the District Court of Arapahoe County Honorable John P. Gately, Judge Page 1215 Peter Morgan, […]

(353 P.2d 81) MERLYN ALBERT DEWITT v. CLAYTON HILL. No. 18,778.Supreme Court of Colorado. Decided June 20, 1960. Action for damages for personal injuries resulting from collision of a motorcycle with an animal on the highway. Judgment for defendant. Affirmed. 1. AUTOMOBILES — Trial — Evidence — Directed Verdict. In an action for damages for […]

In Re: Plaintiff: ENVIROTEST SYSTEMS, CORP., a Delaware Corporation, v. Defendant: COLORADO DEPARTMENT OF REVENUE, a Governmental Agency of the State of Colorado. No. 04SA376.Supreme Court of Colorado. En Banc. March 28, 2005. Page 143 John W. Suthers, Attorney General, Carolyn Lievers, Assistant Attorney General, Department of Revenue, Business Licensing Section, Denver, for Plaintiff. Hale […]

The Travelers Insurance Company, a Connecticut Corporation, Petitioner, v. Rol Wellman and Nancy Wellman, Respondents. No. 84SC240Supreme Court of Colorado. Decided June 23, 1986. Rehearing Denied July 14, 1986. Certiorari to the Colorado Court of Appeals Bailey-Robinson, P.C., Ron J. Robinson, for Petitioner. Nicholas W. Goluba, Jr., for Respondents. EN BANC JUSTICE KIRSHBAUM delivered the […]

Trinity Universal Insurance Company, Plaintiff-Appellant and Cross-Appellee, v. Nicholas Streza, d/b/a Western Summit Log Homes, Defendant-Appellee and Cross Appellant. No. 99CA0294Colorado Court of Appeals. July 20, 2000 Appeal from the District Court of Montrose County. Honorable J. Steven Patrick, Judge. No. 96CV136. JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CAUSE REMANDED WITH DIRECTIONS. Page […]

(268 P.2d 699) DILLON v. GOLDSTEIN ET AL. No. 17,109.Supreme Court of Colorado. Decided March 29, 1954. An action against carriers for failure to deliver goods shipped over their lines. Judgment for defendants. Reversed. 1. CARRIERS — Claims — Notice. In an action against carriers for damages for failure to deliver goods shipped over their […]

(357 P.2d 634) W. H. PARROTT v. THE PEOPLE OF THE STATE OF COLORADO. No. 19,554.Supreme Court of Colorado. Decided December 12, 1960. Defendant was convicted of obtaining property by means of a worthless check and brings error. Affirmed. 1. CRIMINAL LAW — Evidence — Fraudulent Intent — Jury Question. In a prosecution for obtaining […]

Thomas Edward Macurdy, Petitioner-Appellant, v. Brad Leach, Sheriff of Boulder County, State of Colorado, Respondent-Appellee. Richard Allen Reedy, Plaintiff-Appellant, v. Brad Leach, Sheriff of Boulder County, State of Colorado, Defendant-Appellee. Nos. 82SA124, 82SA184Supreme Court of Colorado. Decided April 18, 1983. Rehearing denied May 9, 1983. Appeals from the District Court of Boulder County, Honorable Murray […]

In re the ESTATE OF Dolores LIGON, deceased. Pamela Jennison Pratt, Appellant, v. Sandra Pratt, Executor, Appellee. No. 05CA2442.Colorado Court of Appeals. March 8, 2007. Appeal from the District Court, El Paso County, Barbara L. Hughes, Magistrate. Pamela Jennison Pratt, Pro Se. No Appearance for Appellee. Page 362 Opinion by Judge TAUBMAN. Pamela Jennison Pratt […]

(266 P.2d 1100) CRUMP v. THE PEOPLE. No. 17,256.Supreme Court of Colorado. Decided February 8, 1954. Plaintiff in error was found guilty of committing the “crime of assault with intent to commit rape.” Affirmed. 1. CRIMINAL LAW — Rape — Elements of the Crime. “The elements of assault and specific intent on the part of […]

(397 P.2d 223) WILLIE M. HOOVER v. INDUSTRIAL COMMISSION OF COLORADO, ET AL. No. 21105.Supreme Court of Colorado. Decided December 14, 1964. From a judgment of the District Court which affirmed the action of the Industrial Commission in refusing to reopen his claim for alleged further disability, the claimant brought error. Affirmed. 1. WORKMEN’S COMPENSATION […]

95 P.2d 815 MILLER v. GILLELAND ET AL. No. 14,639Supreme Court of Colorado. Decided October 30, 1939. Action to quiet title. Judgment for plaintiffs. Reversed. On Application for Supersedeas. 1. APPEAL AND ERROR — Fact Findings. Where there is sufficient evidence to support a finding of fact by the trial court, such finding will not […]

Royce L. Smith and A Meliroy Corporation, Plaintiffs-Appellees and Cross-Appellants, v. Kenneth Hoyer and Walter A. Lukasik, Defendants and Cross-Appellees, and Jefferson Bank Trust, Defendant-Appellant and Cross-Appellee. No. 82CA1136Colorado Court of Appeals. Decided August 9, 1984. Rehearings Denied September 20, 1984. Petitions for Certiorari Denied March 25, 1985. Appeal from the District Court of Arapahoe […]

Rudolph K. Stiens, John P. Hager, Ed Veglia, and William Baker, Plaintiffs-Appellants, v. Fire and Police Pension Association; Castlewood Fire Protection District and Its Board of Directors; Castlewood Firemen’s Pension Fund and Its Board of Trustees; City and County of Denver; Firemen’s Pension Fund of the City and County of Denver; Police Pension and Relief […]

The People of the State of Colorado, Plaintiff-Appellee, v. Stephen C. Christopher, Defendant-Appellant. No. 92CA1494Colorado Court of Appeals. Decided January 27, 1994. As Modified on Denial of Rehearing March 3, 1994. Certiorari Granted September 6, 1994. Appeal from the District Court of City and County of Denver Honorable J. Stephen Phillips, Judge, No. 90CR580 JUDGMENT […]

Western Cultural Resource Management, Inc. and Allied Insurance Group, Petitioners, v. Pauline O’Donnell Krull and the Industrial Claim Appeals Office of the State of Colorado, Respondents. No. 89CA0207Colorado Court of Appeals. Decided October 5, 1989. Review of Order from the Industrial Claim Appeals Office of the State of Colorado Page 871 Watson, Nathan Bremer, P.C., […]

Evelyn Marie Halverson, Plaintiff-Appellant, v. Pikes Peak Family Counseling and Mental Health Center, Inc.;d/b/a The Crisis Center; Pamela L. King, counselor thereof; Debra Amesbury, clinical director thereof; Harold Taylor, supervisor thereof; and John Doe and other persons unknown as agents of Pikes Peak Family Counseling and Mental Health Center, Inc., jointly and individually, Defendants-Appellees. No. […]

(355 P.2d 117) LAWRENCE EDWARD ROBINSON, MINOR, ETC. v. EARL W. KERR, ET AL. No. 18,870.Supreme Court of Colorado. Decided August 29, 1960. Rehearing denied September 26, 1960. Action against owner and another for damages for personal injuries resulting from kick of horse. Judgment for defendants. Affirmed in Part, Reversed in Part. 1. ANIMALS — […]

Michael G. KRUSE, d/b/a Security Mortgage Brokers, Petitioner v. Douglas M. McKENNA, Respondent. No. 06SC555.Supreme Court of Colorado. March 3, 2008. Larry Dean Valente, Westminster, Colorado, Attorney for Petitioner. Law Offices of Andrew L. Quiat, P.C., Andrew L. Quiat, Englewood, Colorado, Sawaya, Rose, Funderburg Kaplan, P.C., Richard B. Rose, Denver, Colorado, Attorneys for Respondent. The […]

(292 P.2d 982) PEOPLE OF THE STATE OF COLORADO v. EMIL M. SCHNEIDER AND WALTER B. TRUE, PEOPLE OF THE STATE OF COLORADO v. WALTER B. TRUE, PEOPLE OF THE STATE OF COLORADO v. WALTER B. TRUE. No. 17,602, 17,603, 17,604.Supreme Court of Colorado. Decided January 30, 1956. Defendants, County Commissioners were indicted by the […]

(371 P.2d 431) SUNVARA LAND CO, ET AL., v. THE FIDUCIARY TRUST COMPANY OF NEW YORK, ET AL. No. 19,344, 19,345.Supreme Court of Colorado. Decided May 7, 1962. Rehearing denied May 21, 1962. Separate action to foreclose trust deed and to quiet title. Judgment for plaintiff and for intervenors. Affirmed. 1. MORTGAGES — Note and […]

The People of the State of Colorado, Complainant, v. Thomas M. Sullivan, Attorney-Respondent. No. 89SA161Supreme Court of Colorado. Decided December 24, 1990. Original Proceeding in Discipline. Page 1092 Linda Donnelly, Disciplinary Counsel, George S. Meyer, Deputy Disciplinary Counsel, for Complainant. Paul D. Renner, for Respondent. EN BANC CHIEF JUSTICE ROVIRA delivered the Opinion of the […]

(569 P.2d 334) Oppenheimer Industries, Inc. v. John Firestone and NBH Land Company No. 76-700Colorado Court of Appeals. Decided June 23, 1977. Rehearing denied July 21, 1977. Certiorari denied September 19, 1977. On basis that real estate broker was not licensed, purchaser who assumed obligation to pay broker’s commission at closing, sought to avoid liability […]

The People of the State of Colorado, Plaintiff-Appellee, v. Ira D. Lustgarden, Defendant-Appellant. No. 94CA0717Colorado Court of Appeals. Decided September 14, 1995. Opinion Modified, and As Modified Petition for Rehearing of Plaintiff-Appellee DENIED October 12, 1995. Petition for Writ of Certiorari DENIED April 15, 1996. Appeal from the District Court of Jefferson County Honorable Michael […]

(535 P.2d 206) Max J. Wheeler v. School District #20, in the County of El Paso and State of Colorado, and Tom Huzzey, Burt Bittner, Romaine Moeller, Russell Wolfe, Mark Wild, and Mark Kinevan, Individually and as Directors of School District #20 No. C-502Supreme Court of Colorado. Decided April 14, 1975. Rehearing denied May 19, […]

(407 P.2d 350) J. A. Tobin Construction Co. v. Hugh H.C. Weed, Jr., as Director of Revenue of the State of Colorado, Et Al. No. 21189Supreme Court of Colorado. Decided November 8, 1965. Action by contractor seeking review of judgment of district court which sustained action by director of revenue in issuing Use Tax Deficiency […]

(482 P.2d 994) Phyllis N. Niles, Gladys Stoner, Cecil Niles, Loretta Lee, a married woman, formerly known as Loretta Jean Niles, and Sheila La Fever, a married woman, formerly known as Sheila Euline Niles v. Phyllis J. Churchill No. 70-664 (Supreme Court No. 24356)Colorado Court of Appeals. Decided March 16, 1971. In boundary dispute between […]

(507 P.2d 478) Emery L. Crist v. Margaret Goody and Jean E. Goody No. 71-277Colorado Court of Appeals. Decided December 5, 1972. Rehearing denied December 27, 1972. Certiorari denied March 26, 1973. In personal injury action, certain “surveillance movies” taken of plaintiff were admitted into evidence. Jury awarded plaintiff verdict of $8,000, and plaintiff appealed. […]

171 P.2d 663 SHEARER v. SNYDER. No. 15,530.Supreme Court of Colorado. Decided July 22, 1946. An action on contract. Judgment of dismissal. Affirmed. 1. PRACTICE AND PROCEDURE — Rules — Nonsuit — Dismissal. Under the Colorado rules of civil procedure, motions for nonsuit are not proper; the motion should be for dismissal of the action. […]

(566 P.2d 1063) Robert N. Miller, District Attorney, Nineteenth Judicial District, Weld County, Colorado v. District Court in and for the Nineteenth Judicial District, State of Colorado, and Honorable Robert A. Behrman, District Judge in and for the Nineteenth Judicial District, State of Colorado No. 27487Supreme Court of Colorado. Decided July 25, 1977. District court, […]

Michele R. Pearson and Denise L. Fahy, Plaintiffs-Appellees, v. William E. Kancilia, Defendant-Appellant. No. 01CA1747.Colorado Court of Appeals. Division IV. March 27, 2003. Page 595 Arapahoe County District Court No. 95CV1854; Honorable Kenneth K. Stuart, Judge. JUDGMENT AFFIRMED Page 596 Rick DeWitt, Denver, Colorado, for Plaintiffs-Appellees Hall Evans, L.L.C., Alan Epstein, Michael W. Jones, Denver, […]

RESIDENTS AND REGISTERED ELECTORS OF the TOWN OF FRANKSTOWN, Colorado; Ardell Arfsten; Pat Arfsten; David Ayers; Elizabeth Ayers; Victoria Ayers; Sheila Galloway; Jamieson Saraduke; John Braly; Deborah Braly; Randal Manning; and Rachel Wetherly, Petitioners-Appellants, v. BOARD OF COUNTY COMMISSIONERS OF DOUGLAS COUNTY, Colorado, Intervenor-Appellee. No. 07CA1569.Colorado Court of Appeals. November 26, 2008. Certiorari Denied August […]

(364 P.2d 1053) CITY OF COLORADO SPRINGS, ET AL. v. JAMES C. CRUMB, ET AL. No. 19,417.Supreme Court of Colorado. Decided September 25, 1961. Action attacking validity of ordinance vacating plat of subdivision and to enjoin vacation of street abutting plaintiffs’ property. Judgment for plaintiffs. Reversed. 1. MUNICIPAL CORPORATIONS — Subdivisions — Plat — Street […]

(515 P.2d 491) Beverly J. Wade v. John Hurley, Director of Colorado Division of Employment; Industrial Commission of the State of Colorado (Ex-Officio Unemployment Compensation Commission of Colorado); H. R. and Gretta Barker, d/b/a Ma’s Hash House; and Donald H. Farnham d/b/a Ma’s Hash House No. 73-108Colorado Court of Appeals. Decided September 5, 1973. Rehearing […]

(584 P.2d 638) Roberta Saxton v. The Industrial Commission of Colorado; State Compensation Insurance Fund; and State of Colorado, Division of Employment No. 78-398Colorado Court of Appeals. Decided September 7, 1978. Industrial Commission dismissed petition to review referee’s decision denying workmen’s compensation benefits to claimant, and claimant sought review of that dismissal. Order Reversed 1. […]

Cherry Hills Country Club, a Colorado non-profit corporation, Plaintiff-Appellant, v. The Board of County Commissioners of the County of Arapahoe, sitting as the Arapahoe County Board of Equalization, Defendant-Appellee. No. 91CA0606Colorado Court of Appeals. Decided May 7, 1992. Appeal from the District Court of Arapahoe County Honorable John P. Leopold, Judge. Page 1106 Brega Winters, […]

In re the Marriage of: Linda S. Snyder, Appellee, and Dale A. Snyder, Appellant. No. 83CA0952Colorado Court of Appeals. Decided April 11, 1985. Appeal from the District Court of the City and County of Denver Honorable Warren O. Martin, Judge Page 154 White and Steele, P.C., Michael W. Anderson, for Appellee. Dale A. Snyder, Pro […]

117 P.2d 316 PARKER v. THE PEOPLE. No. 14,991.Supreme Court of Colorado. Decided September 15, 1941. On petition in a criminal case to secure the release from the Colorado State Hospital of defendant who had been found not guilty by reason of insanity and confined in that institution. A general demurrer to the petition was […]

In the Matter of the Petition for ADOPTION OF C.A., A Child, N.F. and A.F., Petitioners v. R.A., Jr. and T.A., Respondents. No. 05SC526.Supreme Court of Colorado. June 26, 2006. Page 319 Law Firm of Kenton D. Kinnaird Associates, P.C., Kenton D. Kinnaird, Sean Cloyes, Colorado Springs, Colorado, Attorneys for Petitioners. Beltz, Edwards, Sabo West, […]

Eunice M. Robinson, Plaintiff-Appellant and Cross-Appellee, v. Lynmar Racquet Club, Inc., a Colorado corporation, d/b/a Lynmar Racquet and Health Club and Lynmar Racquet and Health Club., Inc., Defendant-Appellee and Cross-Appellant. No. 92CA0460Colorado Court of Appeals. Decided March 11, 1993. Appeal from the District Court of El Paso County Honorable David D. Parrish, Judge Page 275 […]

(536 P.2d 1168) Modular Communities, Inc., a Colorado corporation v. Allan R. McKnight, Adams County Treasurer; Pat Reale, Adams County Assessor; and the Board of County Commissioners of the County of Adams No. 74-200Colorado Court of Appeals. Decided April 15, 1975. Rehearing denied May 6, 1975. Certiorari granted July 14, 1975. Taxpayer brought action alleging […]

The People of the State of Colorado, Petitioner, v. Ronald J. Smith, Respondent. No. 92SC541Supreme Court of Colorado. Decided November 15, 1993 Certiorari to the District Court, El Paso County Honorable Michael Heydt, Judge JUDGMENT AFFIRMED Page 940 John W. Suthers, District Attorney, Fourth Judicial District, Douglas J. Miles, Deputy District Attorney, Stephen Anderson, Deputy […]

The People of the State of Colorado, Plaintiff-Appellee, v. Randy Dominic Lopez, Defendant-Appellant. No. 97CA0227Colorado Court of Appeals. June 25, 1998 Appeal from the District Court of Jefferson County, Honorable Gaspar F. Perricone, Judge, Honorable Leland P. Anderson, Judge, No. 92CR354 ORDER REVERSED AND CAUSE REMANDED WITH DIRECTIONS Page 603 Gale A. Norton, Attorney General, […]

Pediatric Neurosurgery, P.C., Petitioner, v. Christine Russell and Uri Neil, as next friends of Michael Russell Neil, a minor, Respondents. No. 00SC228Supreme Court of Colorado. April 15, 2002 Certiorari to the Colorado Court of Appeals, Court of Appeals Case No. 99CA200. Page 1064 JUDGMENT AFFIRMED IN PART AND REVERSED IN PART AND CASE REMANDED WITH […]

(570 P.2d 239) Federal Insurance Company, Sentinel Publishing Company, Inc., The St. Paul Fire and Marine Insurance Company, Transamerica Insurance Company, Kelley Brothers Rewind Company, d/b/a H M Electric Motor Service, Marvin L. Miller, Wanda O. Miller, Mesa Feed Farm Supply Co., Grain Dealers Mutual Insurance Company, Colorado Farm Bureau Mutual Insurance Co., and Insurance […]

Douglas E. Underwood and Robert A. Resling, Plaintiffs-Appellants, v. Skyworld Airlines, Inc., a Delaware corporation; Ports of Call, Inc., a Delaware corporation; Ports-of-Call Travel Club, a Colorado corporation; Robert Lawrence (Larry) Turrill, Harlan G. Balaban and Robert Wiseman, Defendants-Appellees. No. 87CA1676Colorado Court of Appeals. Decided March 30, 1989. Rehearing Denied May 11, 1989. Certiorari Denied […]

42 P.2d 463 McMULLIN v. KEOGH-DOYLE MEAT COMPANY. No. 13,473.Supreme Court of Colorado. Decided March 4, 1935. Proceeding involving the construction of a written instrument purporting to be an assignment for the benefit of creditors. Judgment for plaintiff. Reversed. 1. ASSIGNMENTS FOR BENEFIT OF CREDITORS — Common-law. At common law a debtor may legally make […]

In the Matter of the Title, Ballot Title and Submission Clause for Proposed Initiative 2001-02 #43, George Jones; and Mark G. Grueskin, Registered Elector of the State of Colorado, Petitioners, v. Dennis Polhill and Douglas Campbell, Proponents, Respondents, And William Hobbs, Alan J. Gilbert, and Charles W. Pike, Title Board. In the Matter of the […]

(370 P.2d 442) M. B. THOMPSON v. WILLIAM R. McCORMICK. No. 19,468.Supreme Court of Colorado. Decided March 12, 1962. Rehearing denied April 23, 1962. Action for accounting in partnership matter. Judgment for defendant. Reversed. 1. PARTNERSHIP — Contract — Consideration. A partnership agreement providing “all profits and losses in this venture are to be borne […]

City of Westminster, a home-rule municipal corporation, Petitioner-Appellee and Cross-Respondent, and Robert Booze, Custodian of Records, Respondent-Appellee and Cross-Respondent, v. Dogan Construction Company, Inc., Respondent-Appellant and Cross-Petitioner. No. 94CA1032Colorado Court of Appeals. Decided July 27, 1995. Petition for Rehearing DENIED August 31, 1995. (Davidson, J., would GRANT). Petition for Writ of Certiorari GRANTED March 25, […]

Donald C. Haan and Sandra K. Haan, Plaintiffs-Appellees and Cross-Appellants, v. Eric Traylor, Defendant-Appellant and Cross-Appellee. No. 02CA0098.Colorado Court of Appeals. Division III. August 28, 2003. Arapahoe County District Court No. 96CV1885; Honorable William B. Sylvester, Judge. JUDGMENT AND ORDER AFFIRMED. Roy and Dailey, JJ., concur. Page 115 Stayton Associates, P.C., Rowe P. Stayton, Aurora, […]

(579 P.2d 642) Mark L. Levine a/k/a Mark Lee Levine, and Ellen S. Levine, formerly known as Ellen Sachter, on behalf of themselves and all others similarly situated v. Empire Savings and Loan Association, James B. Nutter Company, Midland Federal Savings and Loan Association, Mile High Savings and Loan Association, and Western Federal Savings and […]

103 P.2d 690 RIVERS v. PIERCE. No. 14,649.Supreme Court of Colorado. Decided May 27, 1940. Rehearing denied June 17, 1940. Action for damages resulting from the killing of a horse on the highway by an automobile. Judgment of nonsuit. Affirmed. 1. AUTOMOBILES — Killing Animals on Highway. While a motorist is required to exercise reasonable […]

CFI Steel Corporation, Plaintiff-Appellee, v. R.N. Patton, Joy C. Carpenter, and James T. McDonald, individually and in their official capacity as members of the Board of Assessment Appeals of the State of Colorado; Board of Assessment Appeals of the State of Colorado; George D. Amaya, James M. Brewer, and Sollie Raso, individually and in their […]

(520 P.2d 745) Margurett Polster v. Griff’s of America, Inc., a Missouri corporation No. C-413Supreme Court of Colorado. Decided April 8, 1974. Plaintiff recovered judgment against defendant in the district court for personal injuries suffered as a result of a slip-and-fall accident, which occurred on snow-covered concrete incline leading from defendant’s place of business. Court […]

(513 P.2d 1081) Hazel M. Ferris v. George A. Ferris No. 72-277Colorado Court of Appeals. Decided August 21, 1973. Defendant in divorce action challenged trial court order ratifying settlement agreement signed by the parties’ attorneys, but not by the parties. From refusal to set aside the order and from finding that plaintiff was in contempt […]

(613 P.2d 902) The People of the State of Colorado v. Joan Johnson No. 78-093Colorado Court of Appeals. Decided March 20, 1980. Rehearing denied April 10, 1980. Certiorari denied June 30, 1980. Defendant appealed her conviction by a jury of criminal solicitation to commit first degree murder. Affirmed 1. EVIDENCE — Tape Recording — Inaudible […]

(546 P.2d 959) Jimmy Dale Gallegos v. City and County of Denver, a Municipal Corporation; and Jon L. Teel No. 75-093Colorado Court of Appeals. Decided December 18, 1975. Rehearing denied January 8, 1976. Certiorari granted March 8, 1976. Assault and battery action initiated to recover for damages sustained when defendant, a police officer, shot plaintiff […]

Jerry W. Jolly, Petitioner, v. The People of the State of Colorado, Respondent. No. 85SC265Supreme Court of Colorado. Decided September 8, 1987. Rehearing Denied October 5, 1987. Page 892 Certiorari to the District Court, Jefferson County Honorable James D. Zimmerman, Judge Tague Beem, P.C., P. Arthur Tague, for Petitioner. Duane Woodard, Attorney General, Charles B. […]

90 P.2d 1119 CAMPBELL v. THE PEOPLE. No. 14,495.Supreme Court of Colorado. Decided May 1, 1939. Judgment affirmed en banc on application for supersedeas without written opinion. MR. JUSTICE FRANCIS E. BOUCK not participating. Error to the County Court of Alamosa County, Hon. M. T. Hancock, Judge. Mr. H. M. HOWARD, for plaintiff in error. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Khalid N. Jones, Defendant-Appellant. No. 96CA0133Colorado Court of Appeals. December 26, 1997 Rehearing Denied February 12, 1998 Certiorari Denied November 12, 1998 Appeal from the District Court of the City and County of Denver, Honorable Warren Page 167 O. Martin, Judge, No. 95CR742 Page 168 JUDGMENT […]

(218 P.2d 753) SHEARER, GUARDIAN v. BOARD OF TRUSTEES OF THE FIREMEN’S PENSION FUND. No. 16,296.Supreme Court of Colorado. Decided May 8, 1950. A proceeding to obtain the issuance of a citation to the Board of Trustees of the Firemen’s Pension Fund, involving the payment of a pension to the minor child of a deceased […]

The Department of Revenue of the State of Colorado, and Alan N. Charnes, Executive Director v. A A Auto Wrecking, Inc., a Colorado corporation; Bradley Auto Salvage, Inc., a Colorado corporation; Colorado Auto Parts, Inc., a Colorado corporation; Arapahoe Auto Sales, a partnership; and Atlas Auto Sales, a partnership No. 79SC292Supreme Court of Colorado. Decided […]

(240 P.2d 897) GEORGE v. DOWER ET AL. No. 16,431.Supreme Court of Colorado. Decided December 17, 1951. Rehearing denied February 11, 1952. An action by plaintiff for commissions alleged to have been earned in the sale of property. Judgment for defendants. Affirmed. 1. TRIAL — Court Findings. Where a trial court “made a specific finding […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Augustus Lawson RENFRO, Jr., Defendant-Appellant. No. 03CA0047.Colorado Court of Appeals. November 4, 2004. As Modified on Denial of Rehearing February 10, 2005. Certiorari Denied July 25, 2005. Appeal from the District Court, El Paso County, G. David Miller, Jr., J. Page 44 [EDITORS’ NOTE: THIS PAGE […]

(534 P.2d 620) Merit Land Cattle Company, Inc., a Colorado corporation and Colorado Water Protective and Development Association, a Colorado non-profit corporation v. Southeastern Colorado Water Conservancy District and Division Engineer of Water Division No. 2 No. 26588Supreme Court of Colorado. Decided April 21, 1975. Opinion modified and as modified rehearing denied May 12, 1975 […]

104 P.2d 462 CLINE ET AL. v. HERON. No. 14,632.Supreme Court of Colorado. Decided June 24, 1940. Application for relief in the nature of damages based on a supersedeas bond. Judgment for plaintiff. Reversed. 1. APPEAL AND ERROR — Supersedeas Bond — Damages. Application for relief in the nature of damages based on the alleged […]

(511 P.2d 460) The People of the State of Colorado v. James Clifford Wright No. 25082Supreme Court of Colorado. Decided June 18, 1973. Defendant was convicted of first-degree murder and appealed. Reversed 1. CRIMINAL LAW — Right to Remain Silent — Prosecution — Allude — Improper. Not only does a defendant have the right to […]

184 P.2d 1015 BLAIN v. YOCKEY ET AL. No. 15,647.Supreme Court of Colorado. Decided July 14, 1947. Rehearing denied September 29, 1947. An action for damages for personal injuries resulting from an automobile collision. Judgment of dismissal. Affirmed. 1. APPEAL AND ERROR — Instructions — Practice and Procedure. Omission from the record of instructions given […]

(354 P.2d 1022) PEOPLE OF THE STATE OF COLORADO v. KIRBY F. KISTLER. No. 19,343.Supreme Court of Colorado. Decided August 29, 1960. Original proceeding in disbarment. Respondent Disbarred. 1. ATTORNEYS AT LAW — Disbarment — Grounds — Misuse of Funds. Evidence that respondent unlawfully converted $8000 of his client’s money to his own use, justifies […]

Leroy Whelden and Pam Whelden; Gerald Schreiber and Kay Schreiber; Steven Lee Baker and Patricia Lynn Baker; Raymond A. Haller and June Haller; Robert D. Gilbert and Judy A. Gilbert; and the Board of County Commissioners of the County of Washington, State of Colorado, Plaintiffs-Appellants, v. The Board of County Commissioners of the County of […]

(289 P.2d 642) GUSTAVIS A. BILLSTROM v. CONSOLIDATED FINANCE CORPORATION. No. 17,685.Supreme Court of Colorado. Decided November 7, 1955. Claim for exemption of judgment debtor’s personal property. The trial court denied the exemption. Affirmed. Error to the District Court of Delta County, Hon. Dan H. Hughes, Judge. Mr. MARTIN ZEROBNICK, Mr. LAWRENCE LITVAK, for plaintiff […]

(364 P.2d 581) GARY ALAN REMLEY, MINOR, ET AL. v. DON NEWTON, ET AL. No. 19,401.Supreme Court of Colorado. Decided August 7, 1961. Rehearing denied September 18, 1961. Action by minor guest against innkeeper for injuries resulting from playground equipment. Judgment for defendants on motion for directed verdict. Reversed. 1. NEGLIGENCE — Proof — Accident […]

Joe Micciche, Petitioner, v. David Billings and The Industrial Commission of the State of Colorado, Respondents. No. 84SC341Supreme Court of Colorado. Decided November 3, 1986. Certiorari to the Colorado Court of Appeals Page 368 Gunther Westlund, P.C., Dennis H. Gunther, Terry Ehrlich, for Petitioner. James A. May, for Petitioner David Billings. Duane Woodard, Attorney General, […]

The People of the State of Colorado, Plaintiff-Appellee. v. David Louis Reed, Defendant-Appellant. No. 82CA0553Colorado Court of Appeals. Decided October 11, 1984. Rehearings Denied November 15, 1984. Appeal from the District Court of Douglas County Honorable William Calvert, Judge Page 1151 Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, […]

(586 P.2d 226) Roger Gordon v. Dan Cronin, Manager of Safety and Excise, and Ex-Officio Sheriff of Denver, and Wayne K. Patterson, Warden of the Jail, City and County of Denver, State of Colorado No. 28016Supreme Court of Colorado. Decided October 30, 1978. Extradition proceeding in which the State of Missouri seeks to extradite the […]

Dependable Cleaners and Colorado Compensation Insurance Authority, Petitioners, v. Cindy J. Vasquez and The Industrial Claim Appeals Office of the State of Colorado, Respondents. No. 93CA1557Colorado Court of Appeals. Decided August 25, 1994. Petition for Rehearing DENIED September 22, 1994. Review of Order from the Industrial Claim Appeals Office of the State of Colorado WC […]

Prudential Property and Casualty Insurance Company, Plaintiff-Appellant, v. David LaRose and Denise LaRose, Defendants-Appellees. No. 95CA0349Colorado Court of Appeals. Decided May 2, 1996 Appeal from the District Court of Arapahoe County, Honorable Cheryl L. Post, Judge, No. 93CV1112. JUDGMENT AFFIRMED Page 916 Watson, Nathan Bremer, P.C., Howard W. Bremer, Joseph J. Fraser, III, Denver, Colorado, […]

Property Tax Adjustment Specialists, Inc., as agent for Redlands Water and Power Company, Petitioner-Appellant, v. Mesa County Board of Commissioners, Respondent-Appellee and Board of Assessment Appeals of the State of Colorado, Appellee. No. 97CA0200Colorado Court of Appeals. April 16, 1998 Page 1278 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

497 P.2d 704 Joe G. Romero v. The Denver and Rio Grande Western Railway Company, a Delaware corporation No. 70-479Colorado Court of Appeals. Decided April 11, 1972. Rehearing denied May 2, 1972. Certiorari granted June 19, 1972. Personal injury action by passenger of car that was struck by train at railroad crossing. From directed verdict […]

Rexford Michael Smith v. The District Court for the Fourth Judicial District, State of Colorado, Division 6, the Honorable Hunter D. Hardeman, District Judge No. 80SA395Supreme Court of Colorado. Decided June 8, 1981. Rehearing denied July 6, 1981. Original Proceeding Page 1056 J. Gregory Walta, State Public Defender, Kenneth Dresner, Deputy, Barbara S. Blackman, Deputy, […]

83 P.2d 154 ROGERS ET AL. v. SOLEM ET AL. No. 14,365.Supreme Court of Colorado. Decided July 11, 1938. On petition for rehearing judgment affirmed, and rehearing denied September 19, 1938. Proceeding under the Workmen’s Compensation Act. Judgment for claimant. Affirmed. 1. WORKMEN’S COMPENSATION — Evidence — Appeal and Error. A judgment based on findings […]

(491 P.2d 974) The People of the State of Colorado v. Charles Marvin Potter. No. 25146.Supreme Court of Colorado. Decided December 20, 1971. Defendant is charged with theft of certain items of welding equipment from Department of Transportation’s test track. From denial of his motion to suppress a certain statement made by him to the […]

Robert B. LANE, d/b/a Lane Realty Company, Plaintiff, v. Ronald J. URGITUS, Richard M. Calhoun, and CB Richard Ellis, Inc., Defendants. No. 06SA49.Supreme Court of Colorado. October 23, 2006. Appeal from the District Court, City and County of Denver, No. 05CV5605, Catherine A. Lemon, J. Page 673 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

201 P.2d 380 JULIUS HYMAN AND COMPANY ET AL. v. VELSICOL CORPORATION. No. 16,084.Supreme Court of Colorado. Decided December 6, 1948. Rehearing denied January 3, 1949. An action to enjoin defendants from making and selling certain insecticides. Injunction adjudged and accounting ordered. On motion to dismiss writ of error. Motion Granted. 1. APPEAL AND ERROR […]

The Great Western Sugar Company, a Delaware corporation, Plaintiff-Appellee, v. Pennant Products, Inc., a New York corporation, Defendant-Appellant. No. 84CA0815Colorado Court of Appeals. Decided September 24, 1987. Rehearing Denied October 22, 1987. Certiorari Denied February 1, 1988 (87SC436). Appeal from the District Court of Jefferson County Honorable Ruthanne N. Polidori, Judge Bradley, Campbell Carney, P.C., […]

493 P.2d 691 C.B., and J.T.B., a child, by and through D.B., his next friend and Grandfather v. The People of the State of Colorado, in the Interest of J.T.B., a Child and Concerning J.B. No. 71-098Colorado Court of Appeals. Decided November 30, 1971. Opinion modified and as modified rehearing denied December 21, 1971. Certiorari […]