Category: Colorado Court Opinions

(470 P.2d 82) Argle Welborn, Father and Natural Guardian of James Welborn, a Minor v. Arlene Phyllis Hartman and Allied Mutual Insurance Company No. 70-008 (Supreme Court No. 22643)Colorado Court of Appeals. Decided January 27, 1970. Action to collect a judgment debt. From a finding that insurance company was not the insurer nor the judgment […]

In re the Marriage of: Francis H. Kiefer, Appellant, and Sharon S. Kiefer, Appellee. No. 85CA1263Colorado Court of Appeals. Decided April 16, 1987. Appeal from the District Court of the City and County of Denver Honorable Daniel B. Sparr, Judge Page 55 Richard Y. Neiley, Jr., P.C., Richard Y. Neiley, Jr., for Appellant. Sheldon F. […]

(437 P.2d 44) The Public Utilities Commission of the State of Colorado v. Colorado Motorway, Inc. No. 21526.Supreme Court of Colorado. Decided February 5, 1968. Proceeding by Public Utilities Commission for purpose of general investigation with reference to adopting rules and regulations. From judgment of district court reversing decision of the Commission which changed motor […]

(440 P.2d 152) Harry Lee Tillman v. Capitol Hill Transfer and Storage Company, Employers’ Liability Assurance Corporation, Ltd., and the Industrial Commission of Colorado. No. 23247.Supreme Court of Colorado. Decided May 6, 1968. Proceeding by claimant for review of the Industrial Commission’s action and to obtain an order directing the Commission to have his compensation […]

TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, Plaintiff-Appellant, FARMERS INSURANCE EXCHANGE, Defendant-Appellee. No. 09CA0830.Colorado Court of Appeals. June 10, 2010. Appeal from the District Court, Arapahoe County, Michael Spear, J. Page 522 Montgomery, Kolodny, Amatuzio Dusbabek, L.L.P., Kevin F. Amatuzio, John R. Chase, Denver, Colorado, for Plaintiff-Appellant. Levy, Morse Wheeler, P.C., Stuart D. Morse, Ian T. […]

Sheraton Steamboat Corporation, by its agent, Tenenbaum-Hill Associates, Inc., Plaintiff-Appellant, v. State Board of Assessment Appeals, Routt County Board of Equalization, Larry Knight, Assessor of Routt County, and Dillon E. Rich, Treasurer of Routt County, Defendants-Appellees. No. 87CA0245Colorado Court of Appeals. Decided November 3, 1988. Appeal from the District Court of Routt County Honorable Claus […]

The New Jersey Zinc Company, a division of Gulf Western Industries, Inc., Plaintiff-Appellee, v. Colorado Mined Land Reclamation Board; Colorado Mined Land Reclamation Division; David C. Shelton, as Director, Colorado Mined Land Reclamation Division; Colorado Department of Natural Resources; and Battle Mountain Corporation, Defendants-Appellants. No. 85CA0758Colorado Court of Appeals. Decided April 16, 1987. Appeal from […]

(613 P.2d 335) The People of the State of Colorado v. Harry Hardie Haddock No. 80SA82Supreme Court of Colorado. Decided July 7, 1980. Original proceedings in discipline. Public Censure 1. ATTORNEYS AT LAW — Failure to Close — Estates — Neglect — Violation — Code — Public Censure. Where attorney was entrusted with responsibility for […]

Charosa Olga Kerr, Plaintiff-Appellant, v. Australia Pacific Resources, Ltd., an Australian corporation; APM Land, Inc., a Colorado corporation; APM Tailings, Inc., a Colorado corporation; and William Howell, Defendants-Appellees. No. 92CA0001Colorado Court of Appeals. Decided October 22, 1992. Appeal from the District Court of El Paso County Honorable Donald E. Campbell, Judge Page 402 The Law […]

William H. Bloskas and Floriene V. Bloskas, Petitioners, v. Douglas H. Murray, M.D., Respondent. No. 80SC262Supreme Court of Colorado. Decided June 7, 1982. Opinion modified and as modified rehearing denied June 28, 1982. Certiorari to the Colorado Court of Appeals Page 908 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

Winer’s Pumping Units, Plaintiff-Appellee and Cross-Appellant, v. Emerald Gas Operating Company, Defendant-Appellant and Cross-Appellee. No. 95CA2114Colorado Court of Appeals. March 20, 1997 Appeal from the District Court of La Plata County Honorable Al H. Haas, Judge No. 94CV80 JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CAUSE REMANDED WITH DIRECTIONS Page 628 Bruce M. Kirkpatrick, […]

The People of the State of Colorado, Plaintiff-Appellee, v. Donald Schoonover, Defendant-Appellant. No. 81CA0081Colorado Court of Appeals. Decided July 1, 1982 Rehearing denied August 5, 1982. Certiorari denied November 29, 1982. Appeal for the District Court of El Paso County, Honorable Matt Railey, Judge. J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy Attorney General, […]

87 P.2d 2 JONES v. PUEBLO SAVINGS AND TRUST COMPANY ET AL. No. 14,484.Supreme Court of Colorado. Decided January 23, 1939. Rehearing denied February 14, 1939. Proceeding involving the construction of a will. Bequeathed estate held to vest in the legatee at the death of the testator, and to become a part of her estate […]

Beth A. Stamper, Plaintiff-Appellant, v. Donald Hiteshew, d/b/a Colorado Springs Optical Company, Defendant-Appellee. No. 89CA0476Colorado Court of Appeals. Decided April 12, 1990. Rehearing Denied May 3, 1990. Certiorari Denied September 24, 1990 (90SC318). Appeal from the District Court of El Paso County Honorable David D. Parrish, Judge Elvin L. Gentry, P.C., Elvin L. Gentry, for […]

(459 P.2d 275) Raymond Garcia v. Angeles DeCampo. No. 22557.Supreme Court of Colorado. Decided October 6, 1969. Habeas corpus proceeding for custody of infant son by father against maternal grandmother. Judgment for maternal grandmother. Affirmed. 1. PARENT AND CHILD — Findings — Custody — Two-room Home — Father — Married to Another — Children — […]

(383 P.2d 795) ALMA DALE, ET AL., v. SAFEWAY STORES, INC., ET AL. No. 20,131.Supreme Court of Colorado. Decided July 22, 1963. Action for damages resulting from fall on floor of supermarket. Judgment for defendants. Affirmed. 1. NEW TRIAL — Second Trial — Voluntary Participation — Waiver. Where plaintiffs, dissatisfied with verdict of first trial, […]

The People of the State of Colorado, Complainant, v. Joel Edward Shock, Attorney-Respondent. No. 98SA363Supreme Court of Colorado. January 4, 1999 Original Proceeding in Discipline ATTORNEY SUSPENDED Linda Donnelly, Disciplinary Counsel, James C. Coyle, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. No Appearance By or on Behalf of Attorney-Respondent. EN BANC PER CURIAM [1] […]

The People of the State of Colorado, Plaintiff-Appellee, v. Eric Neal Cortez, Defendant-Appellant. No. 83CA0391Colorado Court of Appeals. Decided March 21, 1985. Rehearing Denied April 18, 1985. Certiorari Granted August 19, 1985 (85SC190). Certiorari granted on following issues: Whether the Court of Appeals erred by reversing Cortez’ conviction for theft by receiving on the grounds […]

(332 P.2d 994) ELIZABETH M. STERLING v. H. N. ARCHAMBAULT, ET AL. No. 18,844.Supreme Court of Colorado. Decided October 27, 1958. Original proceeding challenging right of candidate to run for public office. Rule to show cause issued. Rule Discharged 1. ELECTIONS — Candidate — Imprisonment — Eligibility — Probation. A person who has been convicted […]

The People of the State of Colorado, Plaintiff-Appellant, v. Joseph Jason Salazar, Defendant-Appellee. No. 98SA100.Supreme Court of Colorado. En Banc. June 29, 1998. Appeal from the District Court, Pueblo County, David A. Cole, J. Page 503 G.F. Sandstrom, District Attorney, Tenth Judicial District, Margaret C. Vellar, Deputy District Attorney, Pueblo, for Plaintiff-Appellant. David F. Vela, […]

Steven Parfrey and Deborah Parfrey, Plaintiffs-Appellants, v. Allstate Insurance Company, an Illinois corporation, Defendant-Appellee. No. 89CA1376Colorado Court of Appeals. Decided January 17, 1991. Opinion Modified, and as Modified Rehearing Denied February 21, 1991. Certiorari Granted September 9, 1991 (91SC147). Certiorari Granted on the following issues: Whether the court of appeals erred in determining that the […]

(482 P.2d 989) The People of the State of Colorado v. Boyd R. Bengston. No. 25066.Supreme Court of Colorado. Decided March 22, 1971. Interlocutory appeal from ruling denying defendant-appellant’s motion to suppress as evidence quantities of marijuana recovered from his person. Ruling Affirmed. 1. ARREST — Defendant — Smoking Rolled Cigarette — Passing It — […]

EAGLE RIDGE CONDOMINIUM ASSOCIATION, Plaintiff-Appellee, v. METROPOLITAN BUILDERS, INC. and 370 Development, LLC, f/k/a Raccoon Development LLC, Defendants-Appellants. No. 03CA0805.Colorado Court of Appeals. Division II. March 11, 2004. As Modified on Denial of Rehearing April 8, 2004. Certiorari Granted October 18, 2004. Appeal from the District Court, City and County of Denver, Joseph E. Meyer, […]

The PEOPLE of the State of Colorado, Petitioner-Appellee, In the Interest of D.P., a Child, and Concerning T.N. and T.P., Respondents-Appellants. No. 06CA1808.Colorado Court of Appeals. March 8, 2007. Appeal from the District Court, Mesa County, Brian J. Flynn, J. Page 352 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

180 P.2d 1023 McCAMBRIDGE v. MASON. No. 15,860.Supreme Court of Colorado. Decided May 5, 1947. Rehearing denied June 2, 1947. An action on a promissory note. Judgment for plaintiff. Judgment affirmed en banc without written opinion, Mr. Justice Luxford not participating. Error to the District Court of the City and County of Denver, Hon George […]

Richard Archer, Plaintiff-Appellee and Cross-Appellant, v. Farmer Bros. Co., a California corporation; Al Henshaw, individually and as an employee of Farmer Bros. Co.; and Dennie Rawson, individually and as an employee of Farmer Bros. Co., Defendants-Appellants and Cross-Appellees. No. 00CA1856.Colorado Court of Appeals. Division III. May 9, 2002. Rehearing denied August 1, 2002.[*] Certiorari granted […]

The PEOPLE of the State of Colorado, Petitioner-Appellee, In the Interest of A.D.T., Juvenile-Appellant. No. 09CA0848.Colorado Court of Appeals. April 29, 2010. Appeal from the Juvenile Court, City and County of Denver, Karen M. Ashby and Gaspar Perricone, JJ. Page 314 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

(311 P.2d 714) HARRY POWNALL v. PEOPLE OF THE STATE OF COLORADO. No. 18,269.Supreme Court of Colorado. Decided May 20, 1957. Defendant was convicted of larceny and brings error. Affirmed. 1. CRIMINAL LAW — Evidence — Conflict — Jury Question. Where the testimony of the defendant was in direct conflict with that of the prosecuting […]

68 P.2d 442 HALLACK AND HOWARD LUMBER COMPANY ET AL. v. BAGLY ET AL. No. 14,094.Supreme Court of Colorado. Decided April 19, 1937. Rehearing denied May 24, 1937. Proceeding under the Workmen’s Compensation Act. Judgment for claimant. Affirmed. 1. WORDS AND PHRASES — Hernia — Appearance. “Hernia” and “Appearance,” defined. 2. WORKMEN’S COMPENSATION — Accident […]

In re the Marriage of: Lonie Jean Hoffman, Appellant-Cross-Appellee, and Harold Lee Hoffman, Appellee-Cross-Appellant. No. 81CA0547Colorado Court of Appeals. Decided August 12, 1982. Appeal from the District Court of Bent County, Honorable Lewis T. Babcock, Judge. Brenman, Epstein, Zerobnick, Raskin Friedlob, P.C., Martin Zerobnick, for appellant-cross-appellee. Page 1345 Andersen and Gehlhausen, P.C., John Gehlhausen, for […]

(592 P.2d 1341) Cloverleaf Kennel Club, Inc., a Colorado corporation and Rocky Mountain Greyhound Park, Inc., a Colorado corporation v. Colorado Racing Commission and Mile High Kennel Club, Inc. No. 77-1108Colorado Court of Appeals. Decided December 21, 1978. Rehearing denied January 11, 1979. Certiorari granted March 19, 1979. Dog race tracks seeking review of racing […]

Harold Turman, Plaintiff-Appellant (88SA235), Harold Dean Turman, Petitioner (88SA477), v. Larry Buckallew, Sheriff of Pueblo County, Defendant-Appellee, (88SA235) Thomas I. Cooper, Superintendent, Four Mile Modular Unites, Walter L. Kautzky, Executive Director, Colorado Department of Corrections, and Colorado State Board of Parole, Respondents. (88SA477) No. 88SA235 No. 88SA477Supreme Court of Colorado. Decided December 18, 1989. Rehearing […]

Keegan L. MEYER, Plaintiff-Appellee, v. Phillip David HASKETT and Sarah D’Ann Haskett Educational Trust, Defendants-Appellants. Nos. 09CA1776, 09CA2217.Colorado Court of Appeals. December 9, 2010. Appeal from the District Court, El Paso County, Larry E. Schwartz, J. Page 1288 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

Charles E. Ahart; Gavin McWhirter; and State Personnel Board, State of Colorado, Petitioners, v. Colorado Department of Corrections, Division of Adult Services, Buena Vista Correctional Facility, Respondent. No. 96SC751Supreme Court of Colorado. September 14, 1998 Page 518 Certiorari to the Colorado Court of Appeals JUDGMENT AFFIRMED AND CASE REMANDED Carol M. Iten, Denver, Colorado, Attorney […]

43 P.2d 1001 WOOD, MAYOR ET AL. v. PEOPLE EX REL. STONEBRAKER. No. 13,370.Supreme Court of Colorado. Decided April 8, 1935. Action in mandamus to procure removal of gasoline pumps from city streets. Judgment for relator. Affirmed. 1. APPEAL AND ERROR — Fact Findings. Where a finding of fact by the trial court is supported […]

(570 P.2d 19) Dexter Lewis Robertson v. Board of Education, Otis School District R-3 No. 76-692Colorado Court of Appeals. Decided June 30, 1977. Rehearing denied July 28, 1977. Certiorari denied October 3, 1977. District court upheld school board’s dismissal of tenured teacher, and he appealed. Affirmed 1. SCHOOLS AND SCHOOL DISTRICTS — Disciplinary Action — […]

(546 P.2d 494) The People of the State of Colorado v. Ralph Truesdale No. 26330Supreme Court of Colorado. Decided February 23, 1976. Rehearing denied March 15, 1976. Defendant was convicted of theft and appealed. Affirmed 1. CRIMINAL EVIDENCE — Offer of Proof — Theft — Instructions to Disregard — — Reversal — Negative. Offer of […]

The People of the State of Colorado, Plaintiff-Appellant, v. Linda J. Timmons, Patrick Allen Timmons, Timothy Edward Timmons, Jesse Gino Morris, William Otto Stoops, Defendants-Appellees. No. 84SA49Supreme Court of Colorado. Decided October 22, 1984. Interlocutory Appeal District Court of El Paso County Honorable Richard V. Hall, Judge Robert L. Russel, District Attorney, Douglas S. Wamsley, […]

93 P.2d 880 ESTATE OF NICHOLSON. PEOPLE ET AL. v. CITY AND COUNTY OF DENVER ET AL. No. 14,477.Supreme Court of Colorado. Decided July 3, 1939. Rehearing denied September 11, 1939. Proceeding involving a contract terminating a trust created by a will. The contract was approved by the county court. Affirmed. 1. SPENDTHRIFT TRUSTS — […]

The People of the State Of Colorado, Complainant. v. Mark O. Tidwell, Respondent. No. 00PDJ094.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. June 25, 2001. Page 625 [1] [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 626 AMENDED […]

(477 P.2d 805) Sonja P. Crouch v. Clarence Elmer West No. 70-514 (Supreme Court No. 24103)Colorado Court of Appeals. Decided December 8, 1970. Personal injury action. At commencement of trial and after settlement of husband’s claim, trial court granted motion to dismiss wife’s claim for loss of consortium. Plaintiff appealed. Reversed 1. HUSBAND AND WIFE […]

The People of the State of Colorado, Plaintiff-Appellee, v. Phillip J. Zuniga, Sr., Defendant-Appellant. No. 02CA0724.Colorado Court of Appeals. October 23, 2003. Page 966 Las Animas County District Court Nos. 98CR37, 98CR39 98CR47; Honorable Jesse Manzanares, Judge. ORDER AFFIRMED. Page 967 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

Lori Digliani, Jack Digliani, Amy Collins, Darla Marshall, Lisa Sanchez, Tony Sanchez, Cassondra Sanchez, Sue Carroll, Janet Sauter, Mark Lenz, Holly Frost Davis, Sharon Nab, Kathy Klinger, Brant Keeney, Janice Deason, and Deborah Tellez, Plaintiffs-Appellants, v. City of Fort Collins, Colorado, a Municipal Corporation in good standing; Bruce Glasscock, in his official capacity as Chief […]

Paula K. Bumpers, Plaintiff-Appellant, v. Guarantee Trust Life Insurance Company, Defendant-Appellee. No. 90CA1267Colorado Court of Appeals. Decided August 1, 1991. Opinion Modified, and as Modified Rehearing Denied October 10, 1991. Certiorari Denied March 10, 1992 (91SC680). Appeal from the District Court of Larimer County Honorable James H. Hiatt, Judge. Page 359 Anderson, Sommermeyer, Wick Dow, […]

(482 P.2d 103) The People of the State of Colorado v. Steven Earl Weinert. No. 25014.Supreme Court of Colorado. Decided March 15, 1971. Interlocutory appeal from ruling which denied defendant-appellant’s motion to suppress as evidence quantities of marijuana recovered from his automobile. Ruling Affirmed. 1. SEARCHES AND SEIZURES — Lack of Warrant — Justifiable — […]

The People of the State of Colorado, Plaintiff-Appellant, v. Felipe Bustamante-Payan, Defendant, and Concerning Mary Ellen Pollack and Richard Jordan, Sureties-Appellees. No. 92CA0006Colorado Court of Appeals. Decided January 28, 1993. Rehearing Denied March 18, 1993. Certiorari Denied July 19, 1993 (93SC253). Appeal from the District Court of the City and County of Denver Honorable J. […]

(263 P.2d 436) STALFORD ET AL. v. BOARD OF COUNTY COMMISSIONERS OF PROWERS COUNTY. No. 16,880.Supreme Court of Colorado. Decided November 16, 1953. An action under the Eminent Domain Act by a board of county commissioners to acquire title to lands for the construction of a county road. The trial court entered judgment and decree […]

(523 P.2d 131) The People of the State of Colorado v. George Fred Allen No. 25823Supreme Court of Colorado. Decided June 10, 1974. Defendant was convicted of attempted aggravated robbery and appealed. Affirmed 1. CRIMINAL LAW — Statement — Voluntary — Volunteered — Unaffected — Miranda. Statement made by defendant — who was convicted of […]

(580 P.2d 391) The People of the State of Colorado v. Jimmy Lee Waits No. 27890Supreme Court of Colorado. Decided June 26, 1978. Interlocutory appeal by the People after trial court suppressed certain stolen property and a pair of pliers discovered on the floor of defendant’s automobile and beneath its seat. Ruling Reversed 1. ARREST […]

SCHOOL DISTRICT NO. 12, Adams County, Colorado, n/k/a Adams 12 Five Star Schools, a Colorado quasi-municipal corporation, Petitioner/Cross-Respondent v. SECURITY LIFE OF DENVER INSURANCE COMPANY, a Colorado corporation, successor by name change to Security Life and Accident Company, Respondent/Cross-Petitioner. No. 07SC340.Supreme Court of Colorado. June 2, 2008. Rehearing Denied June 23, 2008.[*] [*] Justice Hobbs, […]

(429 P.2d 286) Richard Marchetti and Beverly Marchetti v. David Allen Denny, by his natural mother and next friend, Barbara C. Denny and Gerald W. Denny. No. 21264.Supreme Court of Colorado. Decided July 3, 1967. Action by infant and parent to recover damages for injuries sustained as a result of a dog bite. From allegedly […]

In The Matter of The Title, Ballot Title and Submission Clause, and Summary for the Proposed Initiated Constitutional Amendment “1996-3” adopted on April 3, 1996, and Motion for Rehearing Denied on April 17, 1996. Vickie Armstrong, Petitioner, v. Neil O’Toole, Marshall Fogel, and Roman Garcia, Respondents, and Carol Poole, Rebecca Lennahan, and Richard Westfall, Title […]

THE PEOPLE OF THE STATE OF COLORADO, Complainant, v. LARRY DOUGLAS SATHER, Attorney-Respondent. No. 97SA91Supreme Court of Colorado. April 21, 1997 Page 577 Original Proceeding in Discipline ATTORNEY SUSPENDED Linda Donnelly, Disciplinary Counsel, James S. Sudler, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. George S. Meyer, Denver, Colorado, Attorney for Attorney-Respondent. EN BANC PER […]

141 P.2d 891 REDINGTON v. JENKINS-McKAY HARDWARE COMPANY. No. 15,119.Supreme Court of Colorado. Decided September 20, 1943. An action for goods sold and delivered. Judgment for plaintiff. Affirmed. 1. APPEAL AND ERROR — Credibility of Witnesses. The question of the credibility of witnesses is within the resolving function of the trial court, and its findings […]

(544 P.2d 412) Theresa Wade v. Olinger Life Insurance Company No. 75-112Colorado Court of Appeals. Decided October 9, 1975. Petition for rehearing granted. Prior opinion announced August 6, 1975 withdrawn. Certiorari granted January 26, 1976. Action to recover on insurance policy. Insurer defended on grounds that adult daughter of insured and beneficiary under the policy […]

Alev Beeson, Petitioner, v. The Industrial Claim Appeals Office of the State of Colorado and Marshall A. Fogel, Respondents. No. 96CA0884Colorado Court of Appeals. January 9, 1997 Petition for Rehearing DENIED February 27, 1997 Certiorari Denied September 8, 1997. Review of Order from the Industrial Claim Appeals Office of the State of Colorado WC No. […]

People of the State of Colorado, Plaintiff-Appellant, v. Kenneth May, Defendant-Appellee. No. 94SA261Supreme Court of Colorado. Decided December 19, 1994 Interlocutory Appeal from the District Court, City and County of Denver Honorable Frank Martinez. RULING REVERSED AND CASE REMANDED WITH DIRECTIONS. Page 281 A. William Ritter, Jr., District Attorney, Second Judicial District, Nathan B. Coats, […]

In re the Marriage of Georgia Ann De La Cruz, Appellant, and Hector Gonzalez, Appellee. No. 89CA0121Colorado Court of Appeals. Decided April 19, 1990. Appeal from the District Court of the City and County of Denver Honorable Richard T. Spriggs, Judge Page 1255 Stephen H. Kaplan, City Attorney, J. Creig Coogan, Assistant City Attorney, for […]

Charity LEHNERT, Petitioner v. The PEOPLE of the State of Colorado, Respondent. No. 08SC961.Supreme Court of Colorado. December 13, 2010. Appeal from the District Court, City and County of Denver, R. Michael Mullins, J. Page 1181 Reppucci Law Firm, P.C., Jonathan D. Reppucci, Denver, Colorado, Attorneys for Petitioner. John W. Suthers, Attorney General, Roger G. […]

William W. HEWITT and Valley Park Apartments, Inc., a Colorado corporation, Plaintiffs-Appellants, v. Thomas S. RICE, Brian R. Reynolds, and Senter Goldfarb Rice, a Colorado limited liability company, Defendants-Appellees. Nos. 03CA0984, 03CA1092.Colorado Court of Appeals. December 30, 2004. Certiorari Granted August 22, 2005. Appeal from the District Court, City and County of Denver, Shelley I. […]

(380 P.2d 31) HAWKEYE-SECURITY INSURANCE COMPANY, ET AL., v. CLINTON S. TUPPER AND INDUSTRIAL COMMISSION OF COLORADO. No. 20,201.Supreme Court of Colorado. Decided March 25, 1963. From a judgment affirming an award of the Industrial Commission the insurance carrier and employer bring error. Reversed. 1. WORKMEN’S COMPENSATION — Statute — Scheduled Injury — Construction. C.R.S. […]

53 P.2d 1180 OCCIDENTAL LIFE INSURANCE COMPANY v. UNITED STATES NATIONAL BANK. No. 13,459.Supreme Court of Colorado. Decided December 23, 1935. Action on life insurance policy. Judgment for plaintiff. Reversed. 1. INSURANCE — Life — Suicide. C.L. § 2532, providing that suicide of a policyholder “shall not be a defense against the payment of a […]

Lasteika Corporation, d/b/a Shagnasty’s, and Kathleen Staebell, Plaintiffs-Appellants, v. William W. Buckingham, Charles R. Hahn, David R. McReynolds, John C. Philpott, and William O. Slansky as the Local Licensing Authority in the City of Aurora, Defendants-Appellees. No. 85CA1447Colorado Court of Appeals. Decided May 21, 1987. Appeal from the District Court of Arapahoe County Honorable James […]

The People of the State of Colorado v. Robert Chalk Scott, II, a/k/a Robert McHorse No. 80SA119Supreme Court of Colorado. Decided July 13, 1981. Appeal from the District Court of the City and County of Denver, Honorable Howard M. Kirshbaum, Judge. Page 616 J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy, Mary J. Mullarkey, […]

Linda Ann Lewis and Dwayne Lewis, Individually and as Guardians of T.L. and A.N.L., Plaintiffs-Appellants, v. J.C. Penney Company, Inc., a Delaware corporation; Don Sheely, Thomas Leake, Rose Towndrow and Anita Gomez, Individually, Defendants-Appellees. No. 91CA1390Colorado Court of Appeals. Decided October 8, 1992. Appeal from the District Court of Arapahoe County Honorable James F. Macrum, […]

Great Plains Insurance Company, Inc., Plaintiff-Appellee, v. Patrick Angerman, Defendant-Appellant. No. 90CA1990Colorado Court of Appeals. Decided December 19, 1991. Rehearing Denied January 16, 1992. Certiorari dismissed on stipulation of prejudice May 13, 1992 (92SC73). Appeal from the District Court of Arapahoe County Honorable James F. Macrum, Judge. White and Steele, P.C., John P. Craver, S. […]

Jerry Royce Kelley, Plaintiff-Appellant, v. Department of Revenue of the State of Colorado, Motor Vehicle Division, Defendant-Appellee. No. 88CA0070Colorado Court of Appeals. Decided August 24, 1989. Appeal from the District Court of Jefferson County Honorable Michael C. Villano, Judge Douglas Pooley, for Plaintiff-Appellant. Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard […]

(389 P.2d 84) GERALD DAVID GUERIN v. HON. ROBERT P. FULLERTON, JUDGE OF THE DISTRICT COURT, CITY AND COUNTY OF DENVER. No. 21,110.Supreme Court of Colorado. Decided February 3, 1964. Original proceeding to require trial court to reinstate provision of sentence crediting time spent in county jail. Writ Made Permanent. 1. CRIMINAL LAW — Sentence […]

(489 P.2d 327) The People of the State of Colorado v. Robert Eugene Mieyr. No. 24786.Supreme Court of Colorado. Decided October 4, 1971. Rehearing denied October 26, 1971. Defendant sought post-conviction relief and thereby obtained credit for one hundred days’ time that he had served in county jail before he plead guilty and was sentenced […]

(539 P.2d 1258) The People of the State of Colorado v. Peter Roy Fisher No. 26382Supreme Court of Colorado. Decided September 8, 1975. District court reversed its order imposing costs of prosecution on defendant and the People appealed. Reversed 1. APPEAL AND ERROR — Costs of Prosecution — Final Judgment — People’s Appeal — Timely. […]

(289 P.2d 162) COLORADO STATE BOARD OF EXAMINERS OF ARCHITECTS v. LOUIS E. RICO No. 17,529.Supreme Court of Colorado. Decided October 24, 1955. Declaratory judgment proceedings to determine the constitutionality of the Colorado Architects’ Licensing Law. The trial court adjudged the law to be invalid. Reversed and Remanded. 1. CONSTITUTIONAL LAW — Statutes — Injunction. […]

(519 P.2d 1221) Joyce I. Packard v. Gerald W. Packard No. 73-181Colorado Court of Appeals. Decided February 5, 1974. His automobile having been seized in connection with enforcement of judgment for past due alimony and child support, defendant filed claim for exemption. From allowance of the claim for exemption, plaintiff appealed. Affirmed 1. EXEMPTIONS — […]

Dufficy Sons, Inc., d/b/a Central Denver Ironworks, Inc., a Colorado corporation, Plaintiff-Appellant, v. BRW, Inc., a Wyoming corporation, and Professional Service Industries, Inc., a Delaware corporation, Defendants-Appellees. No. 01CA2201.Colorado Court of Appeals. Div. II. November 21, 2002. Rehearing Denied January 9, 2003. Certiorari Granted August 18, 2003. City and County of Denver District Court No. […]

Peggy Deneau, individually and on behalf of the heirs at law of Evan Deneau, deceased; Robert and VerJean Francoeur, individually and on behalf of the heirs at law of Sharon M. Francoeur, a/k/a Sharee Francoeur, deceased, Plaintiffs-Appellants, v. The State of Colorado; The Department of Transportation of the State of Colorado; The Department of Natural […]

The People of the State of Colorado, Plaintiff-Appellee, v. James C. Maass, Defendant-Appellant. No. 96CA1070Colorado Court of Appeals. November 13, 1998 Rehearing Denied December 10, 1998. Certiorari Denied July 26, 1999.[*] [*] Justice SCOTT does not participate. Appeal from the District Court of Elbert County, Honorable Scott W. Lawrence, Judge, No. 95CR5 Page 178 JUDGMENT […]

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Jerome Rashad McCLAIN, Defendant-Appellee. No. 06SA268.Supreme Court of Colorado. January 8, 2007. Appeal from the Adams County District Court, C. Scott Crabtree, J. Page 788 Don Quick, District Attorney, Seventeenth Judicial District, Michael J. Milne, Senior Deputy District Attorney, Rhoda T. Hafiz, Deputy District Attorney, Brighton, […]

(310 P.2d 720) ERNEST A. STRAKOSCH v. GERTRUDE ROTH BENWELL. No. 18,052.Supreme Court of Colorado. Decided May 6, 1957. Controversy over custody of children in a divorce case. From an order awarding custody to the mother, the father brings error. Affirmed. 1. Divorce — Custody of Children — Interest of Child — Discretion of Court. […]

43 P.2d 171 RIVERSIDE RESERVOIR AND LAND COMPANY v. HINDERLIDER, STATE ENGINEER ET AL. No. 13,358.Supreme Court of Colorado. Decided April 1, 1935. Proceeding involving interpretation of a water storage decree. Judgment for defendants. Affirmed. 1. WATER RIGHTS — Storage Decrees — Interpretation. Where a judicial decree awards to a claimant specific amounts of water […]

(502 P.2d 952) The People of the State of Colorado v. James Leroy Reed No. 24974Supreme Court of Colorado. Decided October 10, 1972. Rehearing denied November 27, 1972. Defendant was convicted of aggravated robbery and brought error. Affirmed 1. INSTRUCTIONS, CRIMINAL — Simple Robbery — Request — Evidence — charge — Aggravated Robbery. In a […]

Mark Mariani, Plaintiff-Appellant, v. Colorado Department of Corrections, Defendant-Appellee. No. 96CA0930Colorado Court of Appeals. October 16, 1997 Petition for Rehearing DENIED November 20, 1997. Petition for Writ of Certiorari DENIED. EN BANC. June 1, 1998. Page 626 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

True Kirk, The True Kirk Family Trust, and Marjorie Kirk Family Trust, Plaintiffs-Appellants, v. Stephen Kitchens and Christine Kitchens, Defendants-Appellees. No. 01CA0387Colorado Court of Appeals. April 11, 2002 Rehearing Denied May 30, 2002 La Plata County District Court No. 00CV378; Honorable Gregory G. Lyman, Judge. ORDERS REVERSED AND CASE REMANDED WITH DIRECTIONS Page 1190 McDaniel, […]

(323 P.2d 1109) C. D. CUBBAGE, ET AL. v. CLAUDE V. LEEP No. 18,090.,Supreme Court of Colorado. Decided April 14, 1958. Action against tavern owners by bystander for damages for personal injuries resulting from an altercation. Judgment for plaintiff. Reversed and Remanded With Directions. 1. INNKEEPERS — Duty to Guests — Negligence — Liability. A […]

(486 P.2d 417) William G. Wigington and Ruby Bell, Administrators of the Estate of Anna Wigington, Deceased; and W. E. Brenton and Lois Ponsford, Conservators of the Estate of Harold Lanzendorfer, Mental Incompetent v. State Home and Training School, Grand Junction, Colorado, Claimant; and Colorado State Hospital, Claimant No. 23392Supreme Court of Colorado. Decided June […]

The People of the State of Colorado, Complainant, v. Dean M. Larson, Attorney-Respondent. No. 92SA53Supreme Court of Colorado. Decided April 13, 1992. Original Proceeding in Discipline. Linda Donnelly, Disciplinary Counsel, Jay P.K. Kenney, Assistant Disciplinary Counsel, for Complainant. George C. Johnson, for Respondent. EN BANC PER CURIAM [1] The respondent and the assistant disciplinary counsel […]

114 P.2d 557 BAUSERMAN ET AL. v. WHITE. No. 14,746.Supreme Court of Colorado. Decided May 12, 1941. Rehearing denied June 23, 1941. An action for damages for personal injuries resulting from an automobile accident. Judgment for plaintiff. Affirmed. 1. AUTOMOBILES — Traffic Rules — Evidence — Instructions. In an action for damages for personal injuries […]

(454 P.2d 792) Toby Manuel Maes v. The People of the State of Colorado. No. 23070.Supreme Court of Colorado. Decided May 26, 1969. Rehearing denied June 16, 1969. Defendant was convicted of burglary, larceny, and conspiracy to commit both crimes and brought error. Affirmed. Remanded for Re-Sentencing Only. 1. CRIMINAL PROCEDURE — Speedy Trial — […]

68 P.2d 456 HARTNER v. DAVIS ET AL. No. 13,877.Supreme Court of Colorado. Decided February 15, 1937. On rehearing, original opinion modified and adhered to May 10, 1937. Suit on warehouse receipts involving attachment proceedings. Judgment for plaintiff. Affirmed. 1. STATUTES — Construction. If any part of a legislative act is ambiguous, the intent of […]

The People of the State of Colorado, Plaintiff-Appellant v. John Taylor Moody, Defendant-Appellee. No. 82SA515Supreme Court of Colorado. Decided January 9, 1984. Appeal from the District Court of Adams County Honorable Philip F. Roan, Judge Page 367 Paul Q. Beacom, District Attorney, Steven L. Bernard, Chief Trial Deputy, Kathryn J. Aragon, Deputy District Attorney, for […]

(307 P.2d 1110) JANE ANKCORN, ADMINISTRATRIX OF THE ESTATE OF DAISY J. FERRIER, DECEASED v. BOULDER COUNTY WELFARE DEPARTMENT. No. 17,904.Supreme Court of Colorado. Decided March 4, 1957. Rehearing denied March 25, 1957. Claim by county welfare department against estate of deceased old age pensioner to recover funds paid as pension. Judgment for claimant and […]

The People of the State of Colorado, Plaintiff-Appellee, v. Sergio Sandreschi, Defendant-Appellant. No. 91CA1281Colorado Court of Appeals. Decided November 5, 1992. Rehearing Denied December 17, 1992. Certiorari Denied April 12, 1993 (93SC26). Appeal from the District Court of Jefferson County Honorable Christopher J. Munch, Judge Page 874 Gale A. Norton, Attorney General, Raymond T. Slaughter, […]

198 P.2d 456 LAKEWOOD SANITATION DISTRICT v. PUBLIC UTILITIES COMMISSION ET AL. No. 15,992.Supreme Court of Colorado. Decided September 20, 1948. Rehearing denied October 4, 1948. An action involving a schedule of fees fixed by an organized sanitation district, and orders of the Public Utilities Commission nullifying certain charges established by the district. Judgment for […]

(498 P.2d 926) Joe Segura v. District Court for the Tenth Judicial District, Philip S. Cabibi, Judge. No. 25401Supreme Court of Colorado. Decided June 19, 1972. Original proceeding in which petitioner, who was convicted of first-degree murder in 1964, challenges jurisdiction of district court and one of the judges thereof to resentence him. Rule to […]

Shane Dunavin, Petitioner, v. Monarch Recreation Corporation, Colorado Compensation Insurance Authority, The Industrial Claim Appeals Office of the State of Colorado, and The Director of the Department of Labor and Employment of the Division of Labor, State of Colorado, Respondents. No. 90CA0559Colorado Court of Appeals. Decided May 9, 1991. Review of Order from the Industrial […]

Anthony C. Manguso, Plaintiff-Appellee, v. American Savings and Loan Association, Defendant-Appellant. No. 88CA0839Colorado Court of Appeals. Decided October 5, 1989. Appeal from the District Court of Arapahoe County Honorable Kenneth K. Stuart, Judge Wells, Love Scoby, Craig N. Blockwick, for Plaintiff-Appellee. Silver and Hayes, P.C., Marjorie J. Ett, Jack Silver, for Defendant-Appellant. Division I. Opinion […]