Category: Colorado Court Opinions

Jack Haynes, Larry D. McLaughlin, James H. Cummings, Robert E. Ashley, Keith H. McAdams, David C. Manning, Santiago S. Perez, Steve H. Hecksel, James A. Cichantek, Alan W. Hart, James L. Boni, Ernest C. Simon, Randolph L. Parker, Danny Sparkman, Kathy Baker and Phyllis J. Robinson, Plaintiffs-Appellants, v. Keith Troxel, Dale Gran and Danny Williams, […]

Jorgensen Realty, Inc., Plaintiff-Appellant, v. John P. Box, Richard G. McClintock, and The Frederick R. Ross Investment Company, Defendants-Appellees. No. 83CA1220Colorado Court of Appeals. Decided May 2, 1985. Appeal from the District Court of the City and County of Denver Honorable Robert P. Fullerton, Judge Page 1257 Bader Cox, Gerald L. Bader, Jeffrey M. Villanueva, […]

(228 P.2d 975) SAFRANEK ET AL. v. TOWN OF LIMON. No. 16,319.Supreme Court of Colorado. Decided March 5, 1951. A proceeding by a town to condemn a tract of land belonging to respondents; to obtain the right to sink wells thereon, and to remove and pump therefrom underground and percolating waters. Judgment for respondents in […]

Cedar Lane Investments, a Colorado partnership, Plaintiff-Appellant, v. St. Paul Fire Marine Insurance Company, a Minnesota corporation, Defendant-Appellee. No. 93CA1201Colorado Court of Appeals. Decided September 8, 1994 Appeal from the District Court of El Paso County Honorable Richard V. Hall, Judge No. 92CV2495 JUDGMENT AFFIRMED Page 601 James L. Merrill, Attorneys at Law, James L. […]

62 P.2d 1407 MENDEL AND SON WRECKING AND LUMBER COMPANY v. CARPENTER ET AL. No. 14,039.Supreme Court of Colorado. Decided November 23, 1936. Judgment affirmed en banc on application for supersedeas without written opinion. Mr. Justice Burke sitting for Mr. Chief Justice Campbell. Mr. Justice Bouck not participating. Error to the District Court of Larimer […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Nicholas VALENCIA, Defendant-Appellant. No. 08CA0456.Colorado Court of Appeals. March 31, 2011. Rehearing Denied June 2, 2011. Appeal from the District Court, Weld County, No. 06CR1699, Gilbert A. Gutierrez, J. Page 1204 John W. Suthers, Attorney General, Alice Q. Hosley, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee. […]

(557 P.2d 376) The People of the State of Colorado v. Gaines Melvin Hutchinson, Jr. No. 27163Supreme Court of Colorado. Decided December 13, 1976. Appeal by the People from a pretrial judgment granting defendant’s motion to dismiss charges against him for unlawfully selling narcotics. Reversed 1. ARREST — Speedy — Indictment — Not Included — […]

(428 P.2d 920) Arlene Groussman v. Albert Ronald Groussman No. 21133.Supreme Court of Colorado. Decided June 19, 1967. Action in divorce. From a judgment of the trial court involving an allegedly unfavorable property settlement, ex-wife brings error. Affirmed. 1. DIVORCE — Property Settlement — Abuse of Discretion — Merit. Contention of twenty-five year old ex-wife, […]

(338 P.2d 1032) IRVING HAYUTIN, ET AL. v. LEONARD GIBBONS, ET AL. No. 18,065.Supreme Court of Colorado. Decided April 20, 1959. Rehearing denied June 1, 1959. Action to recover value of goods sold and delivered. Judgment for plaintiff. Affirmed in Part. Reversed in Part. 1. MECHANIC’S LIENS — Materials Furnished — Statute — Limitation of […]

(270 P.2d 748) CALVIN ET AL. v. FITZSIMMONS. No. 17,171.Supreme Court of Colorado. Decided May 17, 1954. Rehearing denied June 7, 1954. An action growing out of a dispute as to the boundary line between certain quarter-sections of land. Judgment for plaintiff. Reversed. 1. REAL PROPERTY — Boundaries — Judgments and Decrees. “It is a […]

The People of the State of Colorado, Plaintiff-Appellee, v. Jorge Antonio-Antimo, Defendant-Appellant. No. 97CA1536Colorado Court of Appeals. March 4, 1999 Appeal from the District Court of the City and County of Denver, Honorable John W. Coughlin, Judge, No. 95CR2750 ORDER REVERSED AND CAUSE REMANDED WITH DIREIONS Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief […]

157 P.2d 148 CARTER v. WALKER. No. 15,473.Supreme Court of Colorado. Decided March 12, 1945. Rehearing denied April 2, 1945. An action in unlawful detainer. Judgment for defendant. Affirmed. On Application for Supersedeas. 1. REAL PROPERTY — Liens. An equitable lien on real property must be based upon equitable principles, and in the instant case […]

The People of the State of Colorado, Complainant, v. Harry A. Tucker, Jr., Attorney-Respondent. No. 87SA365Supreme Court of Colorado. Decided May 24, 1988. Original Proceedings in Discipline Linda Donnelly, Disciplinary Prosecutor, George S. Meyer, Deputy Disciplinary Prosecutor, for Complainant. Michael D. Gross, for Attorney-Respondent. EN BANC JUSTICE KIRSHBAUM delivered the Opinion of the Court. [1] […]

61 P.2d 856 BURTON v. CITY AND COUNTY OF DENVER ET AL. No. 13,808.Supreme Court of Colorado. Decided June 22, 1936. Rehearing denied October 19, 1936. Suit to have tax sales held void, certificates of purchase cancelled, claims based thereon invalid and defendants enjoined from asserting their validity. Judgment for defendants. Reversed. 1. PARTIES TO […]

The People of the State of Colorado, Plaintiff-Appellee, v. James Edwards Bray, Defendant-Appellant. No. 89CA1452Colorado Court of Appeals. Decided March 28, 1991. Rehearing Denied April 25, 1991. Certiorari Denied November 4, 1991 (91SC325). Appeal from the District Court of El Paso County Honorable Richard V. Hall, Judge. John W. Suthers, District Attorney, David H. Zook, […]

The People of the State of Colorado, Plaintiff-Appellee, v. William J. Garcia, Defendant-Appellant. No. 96CA2108Colorado Court of Appeals. December 10, 1998 Rehearing Denied January 14, 1999. Certiorari Denied July 26, 1999.[*] [*] Justice SCOTT does not participate. Appeal from the District Court of the City and County of Denver, Honorable R. Michael Mullins, Judge No. […]

Richard E. Shriver and Kathleen L. Shriver, Plaintiffs-Appellees, and Re/Max Suburban, Inc., a Colorado corporation, Plaintiff-Appellee and Cross-Appellant, v. Charles W. Carter and Patsy R. Carter, Defendants-Appellants and Cross-Appellees. No. 80CA0222Colorado Court of Appeals. Decided June 17, 1982. Petition for rehearing granted and prior opinion of May 13, 1982, withdrawn. Rehearing denied July 15, 1982. […]

Lynn Armentrout and Tina Armentrout, Plaintiffs-Appellants, v. FMC Corporation, a Delaware corporation, Defendant-Appellee. No. 88CA1404Colorado Court of Appeals. Decided March 28, 1991. Rehearing Denied April 25, 1991. Certiorari Denied October 21, 1991 (91SC312). Cross-Petition for Certiorari Granted October 21, 1991. Page 523 Certiorari Granted on the following issues: Whether the “open and obvious” nature of […]

Lisa Dawn GOLD, Defendant-Appellant, v. DUNCAN OSTRANDER DINGESS, P.C., Intervenor-Appellee. No. 05CA0870.Colorado Court of Appeals. August 24, 2006. Appeal from the District Court, No. 00CV98, Charles R. Greenacre, J. Page 1193 Grimshaw Harring, P.C., Wayne B. Schroeder, Jody Harper Alderman, Carrie S. Bernstein, Denver, Colorado, for Defendant-Appellant. Duncan, Ostrander Dingess, P.C., Donald M. Ostrander, James […]

The People of the State of Colorado, Plaintiff-Appellant, v. Cristobal Magallanes-Aragon, Defendant-Appellee. No. 97SA161Supreme Court of Colorado. November 17, 1997 Interlocutory Appeal from the District Court, City and County of Denver Honorable John W. Coughlin, Judge ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Page 529 A. William Ritter, Jr., District Attorney, Second Judicial District, Nathan […]

George Givan Schumm, Petitioner-Appellant, v. Ed. D. Nelson, Sheriff of Arapahoe County, State of Colorado, Respondent-Appellee. No. 81SA513Supreme Court of Colorado. Decided March 14, 1983. Appeal from the District Court of Arapahoe County, Honorable Kenneth K. Stuart, Judge. J. Gregory Walta, Colorado State Public Defender, Terri L. Brake, Deputy State Public Defender, for petitioner-appellant. J. […]

(335 P.2d 863) WILLIAM E. LITTLE v. PEOPLE OF THE STATE OF COLORADO. No. 18,773.Supreme Court of Colorado. Decided February 24, 1959. Defendant was convicted of forgery and brings error. Affirmed. 1. CRIMINAL LAW — Plea of Guilty — Warning — Appointment of Counsel — Waiver. Where the record shows that defendant, twenty-seven years of […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Virginia Lee WALKER, Defendant Appellant. No. 08CA1809.Colorado Court of Appeals. March 31, 2011. Appeal from the District Court, Jefferson County, M.J. Menendez, J. John W. Suthers, Attorney General, Christopher Y. Bosch, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee. Douglas K. Wilson, Colorado State Public Defender, Anne […]

Perry E. Bartlett and Audrey M. Bartlett, d/b/a Deer Crest Chalets, Petitioners, v. Continental Divide Insurance Company, a Colorado insurance corporation, Respondents. No. 85SC31Supreme Court of Colorado. Decided December 8, 1986. Rehearing Denied January 20, 1987. Certiorari to the Colorado Court of Appeals French Stone, P.C., Joseph C. French, David M. Haynes, for Petitioners. Greengard […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. James Edwin LOWRY, Defendant-Appellant. No. 05CA1226.Colorado Court of Appeals. March 22, 2007. Appeal from the District Court, Arapahoe County, Cheryl L. Post, J. John W. Suthers, Attorney General, Laurie A. Booras, First Assistant Attorney General, Page 397 Denver, Colorado, for Plaintiff-Appellee. Haddon Morgan Mueller Jordan Mackey, […]

Mohammed Babi, Plaintiff-Appellant, v. Colorado High School Activities Association; Bob Ottewill, in his capacity as Commissioner of the Colorado High School Activities Association; Colorado High School Activities Association Executive Committee; Bennett School District No. 29-J; Board of Education, Bennett School District No. 29-J; James Lathrop, in his former capacity as Superintendent of Bennett School District […]

Trevon D. WASHINGTON, a/k/a Venda Johnson, Jr., Petitioner v. The PEOPLE of the State of Colorado, Respondent. Lorenzo Sayles, Petitioner v. The People of the State of Colorado, Respondent. Nos. 07SC614, 07SC732.Supreme Court of Colorado. June 23, 2008. Appeal from the District Court, Arapahoe County, Gerald J. Page 595 The Viorst Law Offices, P.C., Anthony […]

(547 P.2d 263) Donald L. Dunham and Georgia Dunham v. Robert Kampman No. 74-593Colorado Court of Appeals. Decided December 18, 1975. Rehearing denied January 8, 1976. Certiorari granted both Dunham and Kampman on March 15, 1976. In comparative negligence action by the driver of a motorcycle and his passenger against the driver of the automobile […]

The People of the State of Colorado, Plaintiff-Appellee, v. Russell Millard Hampton, Defendant-Appellant. No. 85CA0019Colorado Court of Appeals. Decided June 5, 1986. Rehearing Denied July 3, 1986. Certiorari Granted People November 17, 1986 (86SC254). Certiorari granted on the following issue: Whether the Court of Appeals erred in holding that expert testimony regarding rape trauma syndrome […]

In re the Marriage of: Carol Ann Petroff, Appellee, and James Petroff, Appellant. No. 82CA0869Colorado Court of Appeals. Decided June 2, 1983. Appeal from the District Court of Boulder County Gaddis, Wilbur, Sims Kaufman, P.C., H. William Sims, Jr., for appellee. Hopp Associates, P.C., Walter J. Hopp, for appellant. Division I. Opinion by JUDGE ENOCH. […]

Mark Allen Ault, Plaintiff-Appellant, v. Department of Revenue, State of Colorado, Defendant-Appellee. No. 84SA173Supreme Court of Colorado. Decided March 18, 1985. Appeal from the District Court Larimer County Honorable William F. Dressel, District Judge Stephen E. Howard, Fischer Wilmarth, for Plaintiff-Appellant. Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, […]

(225 P.2d 848) HOENSHELL, A MINOR BY CLARK HER NEXT FRIEND v. PATTERSON ET AL. No. 16,521.Supreme Court of Colorado. Decided December 4, 1950. On petition to have set aside a decree of adoption of a minor child. Judgment of dismissal. Reversed. 1. ADOPTION OF CHILDREN — Dismissals — Appeal and Error. In a proceeding […]

The People of the State of Colorado v. Donald Frysig No. 80SA76Supreme Court of Colorado. Decided May 26, 1981. Rehearing denied June 15, 1981. Appeal from the District Court of Boulder County, Honorable Rex H. Scott, Judge. Page 1005 J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy, Mary J. Mullarkey, Solicitor General, Susan P. […]

29 P.2d 705 IN RE INTERROGATORIES OF THE SENATE CONCERNING THE CONSTITUTIONALITY OF HOUSE BILL No. 45. No. 13,463.Supreme Court of Colorado. Decided January 22, 1934. Opinion filed January 29, 1934. Original Proceeding. 1. CONSTITUTIONAL LAW — Legislative Questions. Questions propounded to the Supreme Court by the Senate are limited to those specifically enumerated in […]

Carpet Exchange of Denver, Inc., Petitioner, v. The Industrial Claim Appeals Office of the State of Colorado and Division of Employment and Training, Respondents. No. 92CA1478Colorado Court of Appeals. Decided March 25, 1993. Rehearing Denied May 6, 1993. Certiorari pending 06/01/93 (93SC330). Review of Order from the Industrial Claim Appeals Office of the State of […]

(452 P.2d 13) Cassio Frazzini v. Harry A. Wolf and Guy E. Peacock. No. 23287.Supreme Court of Colorado. Decided March 24, 1969. Rehearing denied April 14, 1969. From summary judgment in favor of plaintiffs who were summarily suspended by Chief for alleged misconduct in performance of their duties at a fire and remanding cause to […]

The People of the State of Colorado, Complainant, v. Eugene R. Eagan, Attorney-Respondent. No. 95SA249Supreme Court of Colorado. Decided September 25, 1995 Original Proceeding in Discipline PUBLIC CENSURE Linda Donnelly, Disciplinary Counsel, James S. Sudler, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant Eugene R. Eagan, Aurora, Colorado, Attorney-Respondent, appearing pro se EN BANC PER […]

Kristine E. Axtell, Plaintiff-Appellant, v. Park School District R-3, Defendant-Appellee. No. 97CA0286Colorado Court of Appeals. Division I. February 5, 1998 Petition for Rehearing DENIED March 5, 1998 Petition for Writ of Certiorari DENIED August 31, 1998. Appeal from the District Court of Larimer County, Honorable John-David Sullivan, Judge, No. 95CV143 JUDGMENT AFFIRMED IN PART, APPEAL […]

The People of the State of Colorado v. Jerry LeRoy Opson No. 78-231Colorado Court of Appeals. Decided November 28, 1980. Rehearing denied January 2, 1981. Certiorari denied August 17, 1981. Appeal from the District Court of Arapahoe County, Honorable Robert F. Kelley, Judge. Page 603 J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy Attorney […]

David Ablin and Debrah Ablin Ferley, Plaintiff-Appellant, v. Richard O’Brien Plastering Company, O’Brien Construction Services, Inc., Richard O’Brien Concrete Pumping, Inc., d/b/a O’Brien Construction Services, Inc., Richard O’Brien Companies, Inc. and Steven Darrell Holland, Defendants-Appellees. No. 93CA0880Colorado Court of Appeals. Decided June 2, 1994. Petition for Writ of Certiorari DENIED December 5, 1994. Appeal from […]

Lavergne Marshall, Plaintiff-Appellee, v. Gary L. Grauberger, Defendant-Appellant. No. 89CA0051Colorado Court of Appeals. Decided March 15, 1990. Rehearing Denied April 12, 1990. Certiorari Denied September 10, 1990 (90SC273). Appeal from the District Court of Jefferson County Honorable Gaspar F. Perricone, Judge Page 35 Makris and Hunsaker, P.C., William J. Hunsaker, Nicholas Makris, for Plaintiff-Appellee. Cogswell […]

(486 P.2d 1050) The Public Utilities Commission of the State of Colorado, and Bonded Security Services, Inc. v. Leonard DeLue, D. J. Sebern, T. W. Rinker and Ted P. Rinker d/b/a Armored Motors Services, a Partnership, and The Contract Carriers’ Conference, a Colorado Corporation. No. 24686Supreme Court of Colorado. Decided July 12, 1971. Rehearing denied […]

(433 P.2d 323) Jefferson County Bank of Lakewood v. Griffin Pipe Products Company, a corporation. No. 21864.Supreme Court of Colorado. Decided October 30, 1967. Rehearing denied November 27, 1967. Action by materialman against bank to recover the purchase price of materials used in the construction of certain water lines. Judgment for plaintiff. Reversed. 1. BANKS […]

(517 P.2d 404) In Re the Marriage of Bonnie K. Alper v. Roy D. Alper No. 73-097Colorado Court of Appeals. Decided December 18, 1973. Trial court dismissed petition for dissolution of marriage on the ground that jurisdiction was not properly pled. Petitioner appealed. Reversed 1. DISSOLUTION OF MARRIAGE — Statute — Not Require — Residency […]

Ottie Kuehn, f/k/a Otto Kuehn v. H. T. Kuehn, Bonnie Kuehn, Paul A. Davis, Steven Yates, Martin Mullally, S. Yvonne Mullally, Bob D. Beebe, Glenda T. Beebe, Charles H. Rosenquist, Richard N. Brown, Jeffrey B. Selby, Public Trustee of the County of Eagle, The Empire Savings Building and Loan Association, and all persons who claim […]

(485 P.2d 894) The People of the State of Colorado v. William B. Ortega No. 25165Supreme Court of Colorado. Decided June 14, 1971 Interlocutory appeal from ruling of trial court denying defendant’s motion to suppress certain evidence, namely, heroin, marijuana and LSD (lysergic acid diethylamide). Ruling Affirmed. 1. CRIMINAL LAW — Findings — Support — […]

(412 P.2d 433) Harry J. Hendrickson v. Sanford Alpert, Et Al. No. 21349Supreme Court of Colorado. Decided March 28, 1966. Action by promisor on note to enjoin public trustee from selling his property under foreclosure proceedings. From a judgment denying injunctive relief, plaintiff brought error. Affirmed. 1. BILLS AND NOTES. — purchaser — Knowledge — […]

(465 P.2d 118) John A. Love, Governor of the State of Colorado; Mark Hogan, Lieutenant Governor and President of the Senate of the State of Colorado; John D. Vanderhoof, Speaker of the House of Representatives for the State of Colorado; John H. Heckers, Director of Revenue of the State of Colorado; William A. Cassel, Motor […]

The People of the State of Colorado, Plaintiff v. Michael Eugene Shreck, Defendant. No. 00SA105Supreme Court of Colorado. April 23, 2001 As Modified May 14, 2001. Original Proceeding Pursuant to C.A.R. 21, Boulder County District Court, No. 98CR2475, Honorable Daniel C. Hale, Judge. RULE MADE ABSOLUTE No. 00SA105, People v. Schreck: DNA — Scientific Evidence […]

(310 P.2d 722) HELEN LOUISE FOOSE, ET AL. v. H. E. HAYMOND. No. 17,794.Supreme Court of Colorado. Decided April 22, 1957. Rehearing denied May 20, 1957. Action against physician for malpractice. From a judgment on a directed verdict for defendant the plaintiffs bring error. Reversed and Remanded With Directions. 1. PHYSICIANS AND SURGEONS — Malpractice […]

(479 P.2d 973) The People of the State of Colorado v. Jay Dee Bailey. No. 24658.Supreme Court of Colorado. Decided January 25, 1971. Defendant, charged with Causing Death by Operating an Automobile While Under the Influence of Drugs or Intoxicating Liquor, moved to suppress blood alcohol test obtained under “Implied Consent Statute.” Motion granted. Subsequently […]

Van Waters Rogers, Inc., Petitioner, v. Patrick K. Keelan and Bonnie Keelan, Respondents. No. 91SC549Supreme Court of Colorado. Decided November 23, 1992. Certiorari to the Colorado Court of Appeals Page 1071 Parcel Mauro Hultin Spaanstra, P.C., Edward W. Stern, James L. Harrison, for Petitioner. Feder, Morris, Tamblyn Goldstein, P.C., Leonard M. Goldstein, Stephen B. Schuyler, […]

The People of the State of Colorado, Plaintiff-Appellee, v. Floyd M. Johnson, Defendant-Appellant. No. 86CA0776Colorado Court of Appeals. Decided December 10, 1987. Rehearing Denied December 31, 1987. Appeal from the District Court of Arapahoe County Honorable Thomas C. Levi, Judge Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, Solicitor […]

Hugh Hess Drake, Petitioner-Appellant, v. The Colorado Department of Revenue, Motor Vehicle Division, and Alan Charnes, in his capacity as duly appointed Executive Director of the Colorado Department of Revenue. Respondents-Appellees. No. 82SA390Supreme Court of Colorado. Decided January 9, 1984. Rehearing Denied January 23, 1984. Appeal from the District Court of Larimer County Honorable John-David […]

THE PEOPLE OF THE STATE OF COLORADO, Complainant, v. JAMES S. BERTAGNOLLI, Attorney-Respondent. No. 96SA3Supreme Court of Colorado. August 19, 1996 Original Proceeding in Discipline ATTORNEY DISBARRED F. Stephen Collins, Special Disciplinary Counsel, Denver, Colorado, Attorney for Complainant. Larry S. Pozner, Denver, Colorado, Attorney for Attorney-Respondent. EN BANC Page 936 PER CURIAM [1] The respondent […]

(534 P.2d 1212) Sundance Hills Homeowners Association v. The Board of County Commissioners for Arapahoe County, Colorado; John J. Nicholl, Charles A. Pitts, and Peter D. Smythe, individually, and as County Commissioners for Arapahoe County, Colorado; The Alpert Corporation; Harvey Alpert; Theodore Alpert; and Leland Alpert No. 26661Supreme Court of Colorado. Decided April 28, 1975. […]

(424 P.2d 377) Joseph Gaulin and Alice M. Gaulin v. Ralph W. Templin No. 21123.Supreme Court of Colorado. Decided March 6, 1967. Action to recover damages for personal injuries and property damage sustained as a result of rear end automobile collision on public highway. Judgment for defendant. Affirmed. 1. EVIDENCE — Rear End Collision — […]

STENER CARLSON, III, D/B/A COUNTRY HOST MOTEL, PLAINTIFF-APPELLANT, v. BOLD PETROLEUM, INC., A COLORADO CORPORATION, ET AL., DEFENDANTS-APPELLEES. No. 98CA1716Supreme Court of Colorado. January 20, 2000 Appeal from the District Court of Huerfano County, Honorable Claude W. Appel, Judge, No. 96CV74 JUDGMENT AFFIRMED Law Offices of John G. Nelson, John G. Nelson, Denver, Colorado, for […]

Hawkeye-Security Insurance Company, Plaintiff-Appellee, v. Lambrecht Sons, Inc. and Paulette Lambrecht, Defendants-Appellants. No. 91CA1707Colorado Court of Appeals. Decided January 28, 1993. Rehearing Denied April 15, 1993. Appeal from the District Court of El Paso County Honorable Michael J. Heydt, Judge Page 1318 Kane, Donley Shaffer, William A. Palmer, for Plaintiff-Appellee. William J. McIlwain, for Defendants-Appellants. […]

(412 P.2d 217) Lawrence A. Rasmussen, et al., v. Alexander Freehling, Jr. No. 20682Supreme Court of Colorado. Decided March 21, 1966. Action for damages arising out of an automobile collision. From a judgment of dismissal, plaintiffs bring error. Reversed. 1. CONTRACTS. — Sanctity — Written Documents — Fraud — Perpetrator — Profit — Victim. Issue […]

Shirley L. Brown, d/b/a SLB Company, Plaintiff-Appellant, v. The Board of County Commissioners of the County of Arapahoe, State of Colorado, a body politic and corporate, and Robert Brooks, individually and in his capacity as County Commissioner, Defendants-Appellees. No. 84CA0277Colorado Court of Appeals. Decided September 19, 1985. Rehearing Denied October 17, 1985. Certiorari Denied June […]

(392 P.2d 174) THE COLORADO FUEL AND IRON CORPORATION v. THE INDUSTRIAL COMMISSION OF COLORADO, ET AL. No. 20,767.Supreme Court of Colorado. Decided March 2, 1964. From a judgment holding death of employee due to accident and not to occupational disease, the employer brings error. Affirmed. 1. WORKMEN’S COMPENSATION — Death Claim — Carbon Monoxide […]

WCM Industries, Inc., Plaintiff-Appellant and Cross-Appellee, v. Trustees of the Harold G. Wilson 1985 Revocable Trust, Elsie G. Wilson 1985 Revocable Trust, David H. Wilson Trust, Michael David Wilson Trust, Steven Allen Wilson Trust, and David Wilson, Defendants-Appellees and Cross-Appellants. No. 95CA1528Colorado Court of Appeals. April 3, 1997 Petition for Rehearing DENIED June 12, 1997 […]

(522 P.2d 134) Climax Uranium Company, and Division of State Compensation Insurance Fund v. Claimants in the matter of the death of Edward Stanley Smith, and Industrial Commission of Colorado No. 73-247Colorado Court of Appeals. Decided March 5, 1974. Rehearing denied March 26, 1974. Certiorari denied June 3, 1974. Page 338 In awarding workmen’s compensation […]

134 P.2d 1053 ANDERSON v. NELSON, ADMINISTRATOR. No. 15,088.Supreme Court of Colorado. Decided February 23, 1943. Rehearing denied March 15, 1943. Suit on promissory notes. Judgment for plaintiff. Affirmed. On Application for Supersedeas. 1. DEBTOR AND CREDITOR — Farm Mortgage Act — Violation of Agreement. Notes of a debtor taken or retained by his creditor […]

Renaissance Salon and State Farm Fire Casualty Company, Petitioners, v. The Industrial Claim Appeals Office of the State of Colorado, Diane Grove, Denver Oxford Club, and Colorado Compensation Insurance Authority, Respondents. No. 97CA2121Colorado Court of Appeals. June 10, 1999 Review of Order from the Industrial Claim Appeals Office of the State of Colorado, WC No. […]

(618 P.2d 723) The People of the State of Colorado v. Robert Mark Kelderman No. 79CA0208Colorado Court of Appeals. Decided July 17, 1980. Rehearing denied August 7, 1980. Certiorari denied October 20, 1980. Defendant appealed his conviction of three counts of aggravated robbery and one count of aggravated robbery of drugs. Affirmed 1. CRIMINAL LAW […]

(390 P.2d 68) J K CONSTRUCTION COMPANY v. OSCAR MOLTON. No. 20,614.Supreme Court of Colorado. Decided February 24, 1964. Rehearing denied March 23, 1964. Action for damages for personal injuries resulting from failure to furnish workman with safe place to work. Judgment for plaintiff. Affirmed. 1. MASTER AND SERVANT — Pleading — Amended Complaint — […]

Stanley Melnick, Petitioner, v. The Industrial Commission of the State of Colorado, Mike L. Baca, Richard J. Wise and Peter D. Nims, individually and as members of the Industrial Commission of the State of Colorado, and Jana Sue Bencivenga, Claimant, Respondents. No. 82CA0022Colorado Court of Appeals. Decided October 14, 1982. Rehearing denied November 12, 1982. […]

(586 P.2d 43) The People of the State of Colorado v. Henry Lee Watkins No. 27914Supreme Court of Colorado. Decided October 23, 1978. Defendant was convicted of second-degree murder and of first-degree assault and appealed. Reversed 1. INSTRUCTIONS, CRIMINAL — Homicide — Reduce — Lesser Grade — Proper — Jury — Weigh and Consider — […]

(312 P.2d 998) CONWAY-BOGUE REALTY INVESTMENT COMPANY, ET AL. v. DENVER BAR ASSOCIATION, ET AL. VAN SCHAACK COMPANY, ET AL. v. DENVER BAR ASSOCIATION, ET AL. JOHN F. BRUNO, ET AL. v. DENVER BAR ASSOCIATION, ET AL. No. 17,661. No. 17,662. No. 17,663Supreme Court of Colorado. Decided June 10, 1957. Rehearing denied August 5, 1957. […]

(393 P.2d 732) HOWARD IVAN STANLEY v. THE PEOPLE OF THE STATE OF COLORADO. No. 20646.Supreme Court of Colorado. Decided July 6, 1964. From denial of his motion to reconsider sentence, defendant seeks review by writ of error. Affirmed. 1. ASSAULT AND BATTERY — Simple Assault — Plea — Sentence — Motion to Reconsider — […]

(330 P.2d 958) LOUISE C. CROSBY v. WATSIE F. KROEGER. No. 18,154.Supreme Court of Colorado. Decided September 8, 1958. Rehearing denied November 10, 1958. Action against apartment house owner for damages incurred in falling down stairway in unlighted hallway. Judgment for plaintiff. Reversed and Remanded With Directions. 1. INN KEEPERS — Premises — Duty to […]

Charles A. NICHOLS, Plaintiff-Appellant and Cross-Appellee, v. BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, Defendant-Appellee and Cross-Appellant. No. 03CA2145.Colorado Court of Appeals. March 23, 2006. As Modified on Denial of Rehearing May 25, 2006. Certiorari Denied December 18, 2006. Appeal from the District Court, City and County of Denver, Michael A. Martinez, J. Page 213 […]

(569 P.2d 1390) Nolan L. Brown, District Attorney in and for the First Judicial District, County of Jefferson, State of Colorado v. The District Court in and for the First Judicial District, County of Jefferson, State of Colorado, and the Honorable George G. Priest, one of the Judges thereof No. 27558Supreme Court of Colorado. Decided […]

81 P.2d 879 ESTATE OF ZEILINGER, AN INSANE PERSON. FLOWERS v. ZEILINGER, CONSERVATOR. No. 14,264.Supreme Court of Colorado. Decided July 11, 1938. Proceeding involving the question of whether an order denying a motion to discharge a conservator is final. The trial court held it is not. Affirmed. 1. APPEAL AND ERROR — Final Judgment — […]

Paul Sampson, Petitioner, v. Weld County School District; State Compensation Insurance Authority; Robert Husson, Director of the Division of Labor; and the Industrial Appeals Office of the State of Colorado, Respondents. No. 89CA0023Colorado Court of Appeals. Decided September 7, 1989. Rehearing Denied October 5, 1989. Certiorari Denied January 16, 1990 (89SC568). Page 489 Review of […]

4 P.2d 686 ESTATE OF GARDNER. GARDNER ET AL. v. MASTELLER ET AL. No. 12,897.Supreme Court of Colorado. Decided October 26, 1931. Proceeding involving the construction of a will. Decree for payment of unpaid debts and legacies out of a trust estate. Affirmed. On Application for Supersedeas. 1. WILLS — Construction — Words and Phrases. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Odell Shepherd, Jr., Defendant-Appellant. No. 99CA2528.Colorado Court of Appeals. September 27, 2001. Certiorari Denied March 18, 2002 Eagle County District Court No. 98CR0242 Honorable David R. Lass, Judge. JUDGMENT AND SENTENCE AFFIRMED Division III Jones and Marquez, JJ., concur Page 694 [EDITORS’ NOTE: THIS PAGE CONTAINS […]

(222 P.2d 428) DOTTAVIO, DOING BUSINESS AS OTT COAL COMPANY ET AL. v. LOHR ET AL. No. 16,184.Supreme Court of Colorado. Decided August 21, 1950. Rehearing denied September 18, 1950. An action for damages resulting from a collision of motorcars. Judgment for plaintiffs. Affirmed. 1. TRIAL — Negligence — Jury Question. In an action for […]

The People of the State of Colorado, Complainant, v. Pamela Michelle Espinoza, Respondent. Nos. 00PDJ044, 00PDJO51.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. January 30, 2001. Page 553 [1] [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 554 […]

The People of the State of Colorado, Plaintiff-Appellee, v. Sharilynn Kae Miller, Defendant-Appellant. No. 90CA1955Colorado Court of Appeals. Decided December 5, 1991. Rehearing Denied January 16, 1992. Certiorari Denied May 26, 1992 (92SC51). Appeal from the District Court of Mesa County Honorable David A. Bottger, Judge. Page 1093 Gale A. Norton, Attorney General, Raymond T. […]

(270 P.2d 776) FROSH, ASSIGNEE, ET AL. v. ATKINSON. No. 17,118.Supreme Court of Colorado. Decided May 10, 1954. Rehearing denied June 1, 1954. An action for the recovery of the price of merchandise purchased from plaintiff by defendant. Judgment for defendant. PER CURIAM. Judgment affirmed en banc without written opinion. Error to the District Court […]

Gerrity Oil Gas Corporation, Petitioner, v. Bob Magness, Respondent. No. 96SC215Supreme Court of Colorado. September 15, 1997 Opinion modified, and as modified, Petition for Rehearing DENIED October 20, 1997 Certiorari to the Colorado Court of Appeals JUDGMENT AFFIRMED IN PART AND REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Page 914 [EDITORS’ NOTE: THIS PAGE […]

The People of the State of Colorado, Plaintiff-Appellant, v. Jason Christopher Ingram, Defendant-Appellee. No. 99SA118Supreme Court of Colorado. June 28, 1999 Interlocutory Appeal from the Clear Creek County District Court, Honorable Richard H. Hart, Judge. ORDER AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED Page 598 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

(578 P.2d 1051) The People of the State of Colorado v. John Aaron Newman No. 27948Supreme Court of Colorado. Decided May 15, 1978. Defendant, 18 years of age, pled guilty to second-degree burglary and was placed on probation which he violated by committing the crime of first-degree criminal trespass. Trial court revoked defendant’s probation, imposed […]

In re the MARRIAGE OF Michelle A. CIESLUK, Appellant, and Christopher J. Ciesluk, Appellee. No. 03CA2047.Colorado Court of Appeals. Division I. May 20, 2004. As Modified on Denial of Rehearing August 5, 2004. Certiorari Granted November 8, 2004. Appeal from the Jefferson County District Court No. 02DR86, Jack W. Berryhill, J. Page 528 Anne Whalen […]

In The Matter Of The Title, Ballot Title And Submission Clause, And Summary Pertaining To The Proposed Initiative On Parental Choice In Education. John S. Outcelt, a registered elector of the State of Colorado, Petitioner, v. Gregory Golyansky and Pamela Mann, Respondents, and Carole Pool, Rebecca Lennahan, and Richard Westfall, Title Setting Board. No. 96SA78Supreme […]

(553 P.2d 397) Gregory L. Beck, Colleen Deuel Helzer, Isabel H. Deuel, and Andrew Wysowatcky, Administrator of the Estate of Thomas Richard Harms, Deceased v. Aetna Casualty and Surety Company No. 75-412Colorado Court of Appeals. Decided July 1, 1976. In declaratory judgment action to determine which of two automobile liability policies issued to owner of […]

In the Matter of the Estate of Gelberg, Protected Person. Clara K. Gelberg, Protected Person-Appellant, v. Ahuva Spronz, Conservator-Appellee. No. 95CA0840Colorado Court of Appeals. Decided October 12, 1995 Petition for Writ of Certiorari DENIED March 25, 1996 Appeal from the Probate Court of the City and County of Denver Magistrate Sandra Franklin No. 92PR1104 PETITION […]

(554 P.2d 1097) In the Matter of Kay Petrafeck v. Industrial Commission of the State of Colorado, Albany Company, and State Compensation Insurance Fund, No. C-2-574-708 No. 26893Supreme Court of Colorado. Decided September 27, 1976. Claimant suffered serious injury while employed as a waitress and obtained a workmen’s compensation award, but referee did not consider […]

Robert Carson, Plaintiff-Appellant, v. PaineWebber, Incorporated, Defendant-Appellee. No. 01CA0489.Colorado Court of Appeals. Division V February 28, 2002. Rehearing Denied May 9, 2002. Certiorari Denied January 21, 2003. City and County of Denver District Court No. 00CV8305; Honorable Larry J. Naves, Judge. JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Page 997 […]