Category: Colorado Court Opinions

The People of the State of Colorado, Plaintiff-Appellee, v. Larry D. White, Defendant-Appellant. No. 82CA0582Colorado Court of Appeals. Decided February 9, 1984. Rehearing Denied March 8, 1984. Appeal from the District Court of the City and County of Denver Honorable Warren O. Martin, Judge Page 1319 Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy […]

Perry Browder; Alice Browder; and The Water Wheel Partnership, a Colorado General Partnership, Plaintiffs-Appellants and Cross-Appellees, v. United States Fidelity Guaranty Company, Defendant-Appellee and Cross-Appellant. No. 92CA0995Colorado Court of Appeals. Decided October 21, 1993. Rehearing Denied December 2, 1993. Certiorari Granted May 2, 1994. Appeal from the District Court of the City and County of […]

(501 P.2d 472) The People of the State of Colorado v. Oscar Armstead, Jr. No. 25137Supreme Court of Colorado. Decided September 11, 1972. Defendant filed a motion for post-conviction relief, under Crim. P. 35(b). From denial of his motion an appeal was taken. Reversed 1. CRIMINAL EVIDENCE — Polygraph — Innocence — Finding — Little […]

P-W Investments, Inc., an Illinois Corporation, and Percy Wilson Mortgage and Finance Corporation, a Delaware Corporation, Plaintiffs-Appellants, v. City of Westminster, a Municipal Corporation of Colorado, and City Council of the City of Westminster, Colorado, Defendants-Appellees and Cross-Appellants. No. 81SA195Supreme Court of Colorado. Decided December 20, 1982. Appeal from the District Court of the County […]

140 P.2d 618 COCHRAN v. DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF COLORADO ET AL. No. 15,395.Supreme Court of Colorado. Decided July 15, 1943. A proceeding to compel a district court to set causes for trial. Order issued. 1. PRACTICE AND PROCEDURE — Issues — Trial. It is not vitally important that a judge […]

(418 P.2d 896) United Utilities and Specialties Corporation, and Maryland Casualty Company v. Industrial Commission of Colorado and David L. Hayes. No. 21843.Supreme Court of Colorado. Decided September 26, 1966. Rehearing denied October 31, 1966. From a judgment affirming an award of the Commission, the employer and its carrier bring error. Affirmed. 1. WORKMEN’S COMPENSATION […]

In re the MARRIAGE OF Genevieve WILLIAMSON, n/k/a Genevieve Obremski, Appellant, and Charles Williamson, Appellee. No. 07CA2432.Colorado Court of Appeals. February 19, 2009. Appeal from the District Court, Adams County, Mark D. Warner, J. Page 539 Mills Weitzenkorn, P.C., Gina B. Weitzenkorn, Denver, Colorado, for Appellant. Gary B. Pulitzer, PC, Gary B. Pulitzer, Wheat Ridge, […]

6 P.2d 455 INGLES v. THE PEOPLE. No. 12,835.Supreme Court of Colorado. Decided December 7, 1931. Plaintiff in error was convicted of first degree murder. Reversed. 1. CRIMINAL LAW — Evidence — Order of Proof. In a trial for murder, confession of defendant, which was offered on rebuttal solely for the purpose of refuting evidence […]

(381 P.2d 261) ANTHONY E. REILLY v. COOK McKAY AND COMPANY. No. 20,370.Supreme Court of Colorado. Decided May 6, 1963. Action on assigned claim for attorneys fees. Judgment for plaintiff. Affirmed. 1. CONTRACT — Novation — Pleading. Novation and substitution being in the nature of a release or discharge, is new matter and should be […]

(578 P.2d 216) In Re Interrogatories of the Colorado Senate of the Fifty-First General Assembly, Senate Resolution No. 5 No. 28000Supreme Court of Colorado. Decided April 10, 1978. Rehearing denied May 8, 1978. Interrogatories were propounded to the Supreme Court by the Senate. Interrogatories 1, 2 and 3 only are answered. 1. COURTS — Interrogatory […]

(352 P.2d 112) DAVID FRANCIS EARLY v. PEOPLE OF THE STATE OF COLORADO. No. 19,013.Supreme Court of Colorado. Decided April 25, 1960. Rehearing denied May 31, 1960. Defendant was convicted of murder in the first degree and brings error. Affirmed. 1. CRIMINAL LAW — Plea — Insanity — Statute — Psychiatric Examination. C.R.S. ’53, 39-8-1, […]

(362 P.2d 1039) FLOYD S. BENSON v. BANKERS LIFE AND CASUALTY CO. No. 19,398.Supreme Court of Colorado. Decided July 3, 1961. Action to recover under hospital benefit policies. Judgment for defendant. Affirmed. 1. INSURANCE — Application — Representations — Statements of Agent — Statute. Under C.R.S. ’53, 72-1-25, no statement made by or to an […]

Mark D. SMITH, Petitioner-Appellant, v. COLORADO MOTOR VEHICLE DEALER BOARD, Respondent-Appellee. No. 08CA0051.Colorado Court of Appeals. November 26, 2008. Rehearing Denied January 8, 2009. Page 1116 Mark D. Smith, Pro Se. John W. Suthers, Attorney General, Robert C. Huss, Assistant Attorney General, Denver, Colorado, for Respondent-Appellee. Opinion by Judge VOGT. Mark D. Smith appeals the […]

(396 P.2d 952) ALEX HERNANDEZ, ETC., v. THE PEOPLE OF THE STATE OF COLORADO. No. 20747.Supreme Court of Colorado. Decided November 16, 1964. Rehearing denied December 21, 1964. Defendant was convicted of the crime of assault with a deadly weapon and brings error. Reversed and Remanded. 1. CRIMINAL LAW — Fundamental Errors — Supreme Court. […]

(551 P.2d 706) The People of the State of Colorado v. Dennis Ray Jones No. 26568Supreme Court of Colorado. Decided June 7, 1976. Rehearing denied July 19, 1976. Defendant was convicted of first-degree murder and appealed. Affirmed 1. CRIMINAL EVIDENCE — Sufficiency — Verdict — Challenge — Review — Testimony — Favorable — Prosecution. Where […]

181 P.2d 1019 PRUETT v. MARLMAN. No. 15,662.Supreme Court of Colorado. Decided June 9, 1947. An action to recover broker’s commission on a contract for the sale of real estate. Judgment of dismissal. Reversed. 1. APPEAL AND ERROR — Insufficient Abstract — Practice and Procedure. If in the opinion of counsel for a defendant in […]

GMAC MORTGAGE CORPORATION, a Pennsylvania corporation; Indy Mac FSB Principal Residential Mortgage, Inc., a California corporation; Countrywide Home Loans Inc.; and Bank of New York as Trustee for certificate holders of alternative loan trust 2003-12 mortgage pass through certificate series 2003-12, Plaintiffs-Appellants, v. PWI GROUP, a California limited partnership, Defendant-Appellee. No. 05CA0982.Colorado Court of Appeals. […]

(242 P.2d 613) PRESTRUD ET AL. v. YOUNG ET AL. No. 16,568.Supreme Court of Colorado. Decided July 16, 1951. An action for the determination of interests in real property. Judgment for defendants. Reversed. 1. REAL PROPERTY — Tacking. “In order to permit the tacking of successive adverse possessions of vendor and purchaser of an area […]

(384 P.2d 454) GILBERT ARAGON v. THE PEOPLE OF THE STATE OF COLORADO No. 20,628.Supreme Court of Colorado. Decided August 19, 1963. Defendant was convicted of robbery and assault to commit rape and brings error. Affirmed. 1. CRIMINAL LAW — Evidence — Sufficiency. Evidence held ample to establish guilt of defendant on each count of […]

In re the estate of: Ottis Smith, Deceased. Donna Snyder and Arnold Ogden, Co-Personal Representatives of the Estate of Ruth M. Smith, Deceased, Petitioners-Appellants v. Lloyd W. Macy, Special Administrator of the Estate of Ottis Smith, Deceased, and Donald L. Smith and Eldon R. Smith, Respondents-Appellees. No. 82CA0821Colorado Court of Appeals. Decided May 12, 1983. […]

TAUBMAN CHERRY CREEK SHOPPING CENTER, LLC, a Delaware limited liability company, Plaintiff-Appellee, v. NEIMAN-MARCUS GROUP, INC., a Delaware corporation, Defendant-Appellant. No. 09CA2134.Colorado Court of Appeals. September 16, 2010. Rehearing Denied October 28, 2010. Appeal from the District Court, City and County of Denver, Anne M. Mansfield, J. Page 1092 Brownstein Hyatt Farber Schreck, LLP, Lisa […]

David Richard Carrillo, Petitioner, v. The People of the State of Colorado, Respondent. No. 97SC517Supreme Court of Colorado. En Banc. February 22, 1999 Date: March 15, 1999 Petition for Rehearing Denied March 15, 1999. CORRECTED OPINION June 1, 1999. Certiorari to the Colorado Court of Appeals JUDGMENT AFFIRMED Page 479 [EDITORS’ NOTE: THIS PAGE CONTAINS […]

Randolph L. Quintana, Plaintiff-Appellant, v. The City of Westminster and Timothy Torres, Defendants-Appellees. No. 98CA2240Colorado Court of Appeals. February 3, 2000 Appeal from the District Court of Adams County, Honorable John E. Popovich, Judge, No. 97CV2096 JUDGMENT VACATED CAUSE REMANDED WITH DIRECTIONS Page 528 Fasing Law Firm, P.C. Gregory J. Fasing, Denver, Colorado, for Plaintiff […]

TITAN INDEMNITY COMPANY, a Texas corporation, as subrogee of Sheron Walker, Corey Hodge, and Linda Armstrong, Plaintiff-Appellant, v. SCHOOL DISTRICT NO. 1 IN THE CITY AND COUNTY OF DENVER, d/b/a Denver Public Schools, Defendant-Appellee. No. 04CA1401.Colorado Court of Appeals. December 1, 2005. Appeal from the District Court, City and County of Denver, J. Stephen Phillips, […]

(497 P.2d 1256) The People of the State of Colorado v. Patricia Ann James No. 24809Supreme Court of Colorado. Decided June 5, 1972. Defendant was convicted of two counts of forgery and appealed. Affirmed 1. STATUTES — Repeals — Implication — Not Favored — Exception. Repeals by implication are not favored; and only where there […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. William J. FRANTZ, Defendant-Appellant. No. 02CA0463.Colorado Court of Appeals. Div. II. July 29, 2004. As Modified on Denial of Rehearing January 13, 2005. Certiorari Denied June 27, 2005. Appeal from the District Court, City and County of Denver, Shelley I. Gilman, J. Page 35 Ken Salazar, […]

(600 P.2d 84) Norma G. D’Amico v. Roger W. Smith No. 78-287Colorado Court of Appeals. Decided April 19, 1979. Rehearing denied May 10, 1979. Certiorari denied September 4, 1979. In action by joint venturer against her fellow joint venturer, trial court dismissed on basis that statute of limitations barred the action. Plaintiff appealed. Reversed 1. […]

Roberta With, on behalf of herself as the widow of Alvin With, Plaintiff-Appellant, v. General Electric Company, a New York corporation, d/b within the State of Colorado, Bowers Transfer and Storage, a Colorado corporation, and Natkin and Company, a Missouri corporation, Defendants-Appellees. No. 82CA0499Colorado Court of Appeals. Decided October 21, 1982. Appeal from the District […]

The People of the State of Colorado, Department of Social Services, Petitioner-Appellee, In the Interest of A.E.V. and J.E.V., Jr., Children, and Concerning, The Northern Arapaho Tribe of the Wind River Reservation, Respondent-Appellant, and J.W. and R.W., Appellees. No. 88CA0485Colorado Court of Appeals. Decided September 14, 1989. Rehearing Denied October 12, 1989. Appeal from the […]

The People of the State of Colorado, Plaintiff-Appellee, v. Robert Holloway, Defendant-Appellant. No. 96CA1115Colorado Court of Appeals. November 13, 1998 Rehearing Denied December 10, 1998 Certiorari Denied April 12, 1999 Appeal from the District Court of the City and County of Denver, Honorable Morris B. Hoffman, Judge, No. 95CR4383 Page 722 JUDGMENT AFFIRMED AND CAUSE […]

(602 P.2d 904) In re the Marriage of Daniel Davis and Rosa Lea Davis No. 78-1225Colorado Court of Appeals. Decided October 25, 1979. Non-custodial parent appealed from an order dismissing her motion for modification of custody of the parties’ three minor children. Affirmed 1. PARENT AND CHILD — Trial Court Findings — Ample Evidence — […]

(588 P.2d 884) The Trane Company, a Wisconsin corporation v. Cherry Hills III Development Corp. and Stalder Sons Construction Co., Inc. and The First National Bank of Denver, a national banking association v. L. C. Fulenwider, Inc.; the Forester Furniture Company, Inc.; Comfort Trane Air Conditioning Co.; Contract Design Associates; Vega Sauna Company; Apartment Guard, […]

Argus Real Estate, Inc., Plaintiff-Appellant, v. E-470 Public Highway Authority, Defendant-Appellee. No. 02CA2044.Colorado Court of Appeals. December 31, 2003. Certiorari Granted September 7, 2004. Arapahoe County District Court No. 02CV2100, Honorable Kenneth K. Stuart, Judge. Plaintiff, Argus Real Estate, Inc., appeals the summary judgment dismissing its claims against defendant, E-470 Public Highway Authority. We affirm. […]

Estelle McKinley, Petitioner, v. Bronco Billy’s, Colorado Compensation Insurance Authority, and The Industrial Claim Appeals Office of the State of Colorado, Respondents. No. 95CA0150Colorado Court of Appeals. Decided August 24, 1995 Review of Order from the Industrial Claim Appeals Office of the State of Colorado WC No. 4186823. ORDER AFFIRMED. Page 1240 Alexander Ricci, William […]

People v. Andrews. No. 02PDJ097.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. August 6, 2003. Opinion by Presiding Disciplinary Judge Roger L. Keithley and Hearing Board members, Jerry D. Otero and Marilyn L. Robertson, both members of the bar. The Hearing Board suspended Respondent Kjaere Andrews, f/k/a Karen McLaughlin, attorney registration […]

(269 P.2d 708) HILDENBRANDT v. HALL ET AL. No. 17,200.Supreme Court of Colorado. Decided January 18, 1954. An action for damages for injury to plaintiff’s building allegedly caused by a building constructed by defendant on an adjoining lot. Judgment for plaintiff. Reporter’s Transcript of the Record, Stricken From the Record on Error. 1. APPEAL AND […]

147 P.2d 365 WILLIAM E. RUSSELL COAL COMPANY ET AL. v. ZINGE ET AL. No. 15,459.Supreme Court of Colorado. Decided March 13, 1944. Rehearing denied April 3, 1944. A proceeding under the Workmen’s Compensation Act. Judgment for claimant. Affirmed. 1. WORKMEN’S COMPENSATION — Temporary and Permanent Disability — Award — Statutes. Where an employee is […]

Carl Weil, individually and d/b/a Carl Weil Insurance, Plaintiff-Appellant, v. First National Bank of Castle Rock, Defendant-Appellee. No. 97CA1159.Colorado Court of Appeals. June 24, 1999. Appeal from the District Court of Douglas County, Honorable Thomas J. Curry, Judge, No. 95CV306. JUDGMENT AFFIRMED Page 813 James H. Moss, P.C., James H. Moss, Lakewood, Colorado, for Plaintiff-Appellant. […]

90 P.2d 959 PEOPLE EX REL. ROGERS, Attorney General v. COLORADO NATIONAL BANK, Executor. No. 14,425.Supreme Court of Colorado. Decided May 15, 1939. Action involving the right of the state to collect an inheritance tax. Judgment for defendant. Affirmed. 1. TAXES AND TAXATION — Inheritance Taxes — Exemption — Charities. Where the amount of a […]

(350 P.2d 811) IN RE INTERROGATORIES OF THE GOVERNOR CONCERNING SENATE BILL NO. 34 OF THE SECOND REGULAR SESSION OF THE FORTY SECOND GENERAL ASSEMBLY. No. 19,406.Supreme Court of Colorado. Decided March 17, 1960. Original proceeding concerning interrogatories propounded by the Governor of Colorado. Response Denied. 1. CONSTITUTIONAL LAW — Interrogatories of the Governor — […]

National Graphics Company, a Colorado corporation, Plaintiff-Appellant, v. Sharon Dilley, Defendant-Appellee. No. 83CA0523Colorado Court of Appeals. Decided April 12, 1984. Appeal from the District Court of Jefferson County Honorable Anthony F. Vollack, Judge Sherman Howard, Edward W. Nottingham, Mary J. Kelly, for plaintiff-appellant. Holm and Christensen, Jon L. Holm, Steven A. Christensen, for defendant-appellee. Division […]

(332 P.2d 892) BRANNAN SAND AND GRAVEL COMPANY v. SANTA FE LAND AND IMPROVEMENT COMPANY, ET AL. No. 18,153.Supreme Court of Colorado. Decided December 8, 1958. Action to foreclose mechanic’s lien. From a judgment for less that the amount claimed the plaintiff brings error. Affirmed. 1. MECHANIC’S LIENS — Property Charged — Statute. C.R.S ’53, […]

(584 P.2d 95) George Caldwell and Hattie Caldwell v. Werner Baumgart and concerning Kentucky Farm Bureau Mutual Insurance Company No. 77-558Colorado Court of Appeals. Decided June 8, 1978. Rehearing denied June 29, 1978. Certiorari granted September 11, 1978. Having paid personal injury protection benefits to its insureds, insurance company sought to intervene in action by […]

491 P.2d 1401 Margaret A. Larrick v. Newton P. Larrick No. 70-587Colorado Court of Appeals. Decided December 21, 1971. Divorce action. Husband appealed terms of property division order entered by trial court. Reversed 1. DIVORCE — Property Division — Statute — No Authorize — Court Supervision. Where trial court awarded each party to divorce action […]

The People of the State of Colorado, Petitioner-Appellee, In the Interest of: T.R.S., a minor child, And concerning: R.M.S., Respondent-Appellant. No. 85CA0760Colorado Court of Appeals. Decided March 20, 1986. Appeal from the District Court of Boulder County Honorable Joseph Bellipanni, Judge Page 1026 Greta Maloney, Assistant County Attorney, for Petitioner-Appellee. Marie Walton, Guardian Ad Litem. […]

Bankole A. Ogunwo, Plaintiff-Appellant, v. American National Insurance Company, Defendant-Appellee. No. 96CA0122Colorado Court of Appeals. March 6, 1997 Appeal from the District Court of Jefferson County Honorable William P. DeMoulin, Judge No. 93CV394 JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CAUSE REMANDED WITH DIRECTIONS Page 607 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

The People of the State of Colorado, Complainant, v. William M. Casey, Attorney-Respondent. No. 97SA155Supreme Court of Colorado. December 2, 1997 Original Proceeding in Discipline ATTORNEY SUSPENDED Page 1015 Linda Donnelly, Disciplinary Counsel, John S. Gleason, Deputy Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. Lance M. Sears, Colorado Springs, Colorado, Attorney for Attorney-Respondent. EN BANC […]

In re Attorney E. No. 01SA404.Supreme Court of Colorado. En Banc. October 14, 2003. PRIOR OPINION OF JUNE 16, 2003, WITHDRAWN, SUA SPONTE. RULE MADE ABSOLUTE IN PART AND DISCHARGED IN PART. No. 01SA404, In re Attorney E: Attorney Regulation System —Protective Orders — Rules of Civil Procedure — Depositions andDiscovery — U.S. Constitution — […]

(610 P.2d 97) Adams County Golf, Inc. v. Colorado Department of Revenue and Steven V. Berson, Deputy Director, thereof No. 79SA171Supreme Court of Colorado. Decided April 21, 1980. Rehearing denied May 12, 1980. After golf corporation’s application for transfer of a 3.2% fermented malt beverage license was denied by Department of Revenue, it challenged this […]

(304 P.2d 623) JOSEPH S. KOPFF, ET AL. v. ROBERT JUDD. No. 18039.Supreme Court of Colorado. Decided November 19, 1956. Rehearing denied December 17, 1956. A damage action in which plaintiff’s amended complaint was dismissed and the attachment secured before judgment dissolved. No motion for new trial was filed, but error is brought as to […]

(292 P.2d 977) BIRDIE BELLE RICHARD v. LYNN A. JAMES, ET AL. No. 17,775.Supreme Court of Colorado. Decided January 30, 1956. Action to set aside deed and trust agreement. Judgment for defendants. Affirmed 1. TRUSTS — Husband and Wife — Validity. There is no longer a doubt of the power of a husband to convey […]

(467 P.2d 816) Mary B. Coppom v. J.W. Humphreys and Evelyn O’Brien. No. 22502Supreme Court of Colorado. Decided April 13, 1970. Action by purchasers against vendor to enforce specific performance of an agreement for the sale and purchase of real estate. Trial court decreed specific performance and vendor brought error. Affirmed. 1. SPECIFIC PERFORMANCE — […]

People of the State of Colorado Plaintiff-Appellant, v. Kenneth Scott Donnelly, Defendant-Appellee. No. 84SA144Supreme Court of Colorado. Decided December 10, 1984. Interlocutory Appeal from the District Court, City and County of Denver Honorable John N. McMullen, Judge Norman S. Early, Jr., District Attorney, Brooke Wunnicke, Chief Appellate District Attorney, for Plaintiff-Appellant. Thomas Jirak, for Defendant-Appellee. […]

The People of the State of Colorado, Petitioner, v. David E. Harris, Respondent. No. 00SC185.Supreme Court of Colorado. March 11, 2002. Rehearing Denied April 8, 2002 Certiorari to the Colorado Court of Appeals, Court of Appeals Case No. 98CA335 JUDGMENT REVERSED EN BANC No. 00SC185 — People v. Harris, — Rape Shield Statute — Hearsay […]

MAKOTO USA, Inc., a Colorado corporation, Plaintiff-Appellee, v. Paul R. RUSSELL, Alysn Hassenforder, and Inner Quests, Inc., a Colorado corporation, Defendants-Appellants. No. 08CA1372.Colorado Court of Appeals. November 25, 2009. Page 626 Appeal from the District Court, Arapahoe County, Marilyn Leonard Antrim, J. Laff Campbell Tucker Gordon, LLP, Darrel L. Campbell, Greenwood Village, Colorado, for Plaintiff-Appellee. […]

Martin List, d/b/a Broadmarket Square v. Ralph Dahnke, Individually and d/b/a Spats; D. L. Hart, Individually, and d/b/a Spats; Howard Maybury, Individually, and d/b/a Spats; and Spats, Inc. No. 79CA1035Colorado Court of Appeals. Decided September 17, 1981. Rehearing denied October 22, 1981. Appeal from the District Court of El Paso County, Honorable Robert W. Johnson, […]

(385 P.2d 664) R. J. HOKR AND IRA D. MARLATT v. THOMAS R. J. PRICE, ET AL. No. 20,368.Supreme Court of Colorado. Decided September 30, 1963. Rehearing denied October 28, 1963. Action by broker and purchaser for commission and liquidated damages respectively, against owners for refusal to consummate contract for sale of land. Judgment for […]

(616 P.2d 127) Leslie Gene Mince v. Darren Lee Butters, by and through his next friend, Bonnie D. Butters No. 79SC305Supreme Court of Colorado. Decided September 2, 1980. Certiorari to review the decision of the court of appeals in Butters v. Mince, 43 Colo. App. 89, 605 P.2d 922 (1979), involving an action to recover […]

State Department of Highways, Division of Highways, State of Colorado v. Dewey P. Ogden and Texas Oil Gas Corp.: American Telephone Telegraph Co.; Utilities Board of the City of Lamar; May Valley Water Association; Geneva C. Mosher as Treasurer of Prowers County No. 79CA1137Colorado Court of Appeals. Decided November 27, 1981. Appeal from the District […]

42 P.2d 470 ESTATE OF BOZE. BOZE v. BOZE. No. 13,662.Supreme Court of Colorado. Decided March 4, 1935. Proceedings involving the question as to which of two claimants was entitled to administer an estate as widow of deceased. Judgment for contesting claimant. Reversed. On Application for Supersedeas. 1. HUSBAND AND WIFE — Marriage — Presumptions. […]

David H. Farny and Sharon S. Farny, Petitioners-Appellees, and Colorado State Board of Assessment Appeals, Appellee, v. Board of Equalization of Dolores County, Respondent-Appellant. No. 98CA0992Colorado Court of Appeals. Division I. July 22, 1999 Appeal from the Colorado State Board of Assessment Appeals No. 32561. ORDER AFFIRMED Page 107 Erie Kennedy, Thomas G. Kennedy, Telluride, […]

Midland Bank, a Missouri State Bank, as assignee of The Resolution Trust Corporation, as Receiver for Otero Savings and Loan Association, and as Receiver for First Federal Savings and Loan Association, Plaintiff-Appellee, v. Galley Company, a Colorado general partnership, and R. Gary McCauley, Defendants-Appellants, and concerning The Principle Corporation, Appellee. No. 97CA0092Colorado Court of Appeals. […]

David B. Tafoya, Petitioner, v. The People of The State of Colorado, Respondent. No. 99SC226Supreme Court of Colorado. June 19, 2000 Upon consideration of the Record on Appeal, together with the written and Oral Arguments of Counsel, and now being sufficiently advised in the premises. BY THE COURT [1] IT IS THIS DAY ORDERED that […]

28 P.2d 251 PARRY ET AL. v. COLORADO BOARD OF CORRECTIONS. No. 13,024.Supreme Court of Colorado. Decided December 4, 1933. On motion to set aside judgment entered on an arbitration award. Motion granted. Affirmed. 1. ACTIONS — States. Without constitutional or legislative authority the state, in its sovereign capacity, cannot be sued. No such authority […]

Tommy Lee Arnold, a minor, by and through his mother and next friend, Joyce Valle, Plaintiff-Appellant, v. Colorado State Hospital, Department of Institutions, State of Colorado, and Louis T. Brothers, individually, and as an employee of the State of Colorado, Defendants-Appellees. No. 94CA1073Colorado Court of Appeals. Decided December 21, 1995. Page 105 [EDITORS’ NOTE: THIS […]

110 P.2d 1113 RICE, doing business as Rice and Company v. GIFFORD. No. 14,583.Supreme Court of Colorado. Decided February 10, 1941. Rehearing denied March 3, 1941. Suit on contract. Judgment for plaintiff. Affirmed. 1. CONTRACTS — Words and Phrases — Net Profits. In an action on contract providing for a payment of “one-fourth of the […]

Thomas Jones and Cleo Jones, Plaintiffs-Appellees, v. The City of Aurora, A Municipal Corporation, and its relevant subdivision, commissions, departments and unnamed employees; City Council of the City of Aurora, a governing body; and Linda Capra, Steven A. Bobrick, Frank Weddig, Peggy Kearns, Paul E. Tauer, Jack B. Everhart, and Elsie A. Lacy, all individually […]

(496 P.2d 307) Richard J. Schippers v. Colorado State Personnel Board No. 25379Supreme Court of Colorado. Decided April 17, 1972. Rehearing denied May 8, 1972. Proceeding on complaint by deputy chief of state patrol seeking to enjoin state personnel board from conducting further examination of those passing written test for position of chief of state […]

The PEOPLE of the State of Colorado, Complainant, v. Charles William RASURE, Jr., Respondent. Nos. 07PDJ078, 07PDJ085, 08PDJ004, 08PDJ027, 08PDJ040, 08PDJ057.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. of Colorado. May 20, 2009. Page 974 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

(242 P.2d 240) McMULLIN ET AL. v. CITY AND COUNTY OF DENVER. No. 16,670.Supreme Court of Colorado. Decided March 3, 1952. Rehearing denied March 24, 1952. A proceeding involving civil contempt. Judgment of dismissal. Affirmed. 1. CONTEMPT — Property Rights — Court Decrees. “Innuendo will not supply any element of the decree necessary for a […]

(473 P.2d 167) Robert Lee Kimmel v. The People of the State of Colorado. No. 23907.Supreme Court of Colorado. Decided August 4, 1970. Defendant was convicted of burglary, grand larceny, and conspiracy and brought error. Affirmed. 1. INSTRUCTIONS, CRIMINAL — Election Not to Testify. The giving of an instruction relating to a defendant’s election not […]

Climax Molybdenum Company and Colorado Compensation Insurance Authority, Petitioners, v. Stephen Walter, The Industrial Claim Appeals Office and Director, Division of Labor, Respondents. No. 90SC481Supreme Court of Colorado. Decided June 17, 1991. Rehearing Denied July 9, 1991. Certiorari to the Colorado Court of Appeals. Page 1169 John Berry, Paul Tochtrop, for Petitioner Colorado Compensation Insurance […]

(393 P.2d 366) LaVERN JACKIE JONES v. THE PEOPLE OF THE STATE OF COLORADO. No. 20505.Supreme Court of Colorado. Decided June 22, 1964. From a judgment and sentence for murder in the first degree, the defendant brings error. Reversed. 1. STATUTES — Homicide — Construction — Jury — Verdict — Penalty. C.R.S. ’53, 40-2-20, which […]

The People of the State of Colorado, Plaintiff-Appellee, v. Clarence McClure, Defendant-Appellant. No. 88SA51Supreme Court of Colorado. Decided September 18, 1989. Rehearing Denied October 16, 1989 (89SA51) Appeal from the District Court City and County of Denver Honorable Connie L. Peterson, Judge. Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. […]

(510 P.2d 316) Robert S. Giron v. The People of the State of Colorado No. C-235Supreme Court of Colorado. Decided April 9, 1973. From appeal to Denver Superior Court, which reversed county court ruling that driving while ability impaired (DWAI) was a lesser included offense of driving under the influence (DUI), petition for certiorari was […]

Western Empire Constructors, Inc., and Commercial Union Insurance Company, Petitioners, v. The Industrial Claim Appeals Office of the State of Colorado; Robert D. Holdsworth; and Director, Division of Labor, Department of Labor and Employment, Respondents. No. 88CA1810Colorado Court of Appeals. Decided January 26, 1989. Review of Order from the Industrial Claim Appeals Office of the […]

Michael John Swentkowski, a minor child, by and through his parent, legal guardian, and next friend, Melina L. Reed, Plaintiff, v. Paul Dawson, Defendant and Third-Party Plaintiff-Appellant, v. Safeco Insurance Company, Third-Party Defendant and Appellee. No. 93CA0128Colorado Court of Appeals. Decided April 21, 1994. Rehearing Denied May 19, 1994. Petition for Writ of Certiorari DENIED […]

52 P.2d 1147 DOLL ET AL. v. RODGERS. No. 13,657.Supreme Court of Colorado. Decided December 2, 1935. Suit on account. Judgment for defendant. Reversed. 1. CONTRACTS — Evidence. The terms of a written contract cannot be changed by parol evidence. 2. APPEAL AND ERROR — Trial. In the circumstances of the case under consideration, it […]

(352 P.2d 87) ANTOINE J. OLIVER v. CHARLES E. ROBERTSON. No. 18,782.Supreme Court of Colorado. Decided May 9, 1960. Rehearing denied May 31, 1960. Action for damages for personal injuries resulting from automobile collision. Judgment for defendant. Affirmed. 1. AUTOMOBILES — Ordinance — Right of Way. Under the traffic ordinance of the City and County […]

The People of the State of Colorado, Plaintiff/Appellant v. Michael John Gall, Defendant/Appellee. No. 00SA101Supreme Court of Colorado. March 5, 2001 Interlocutory Appeal from the District Court Boulder County, Case No. 99CR1198 Honorable Daniel Hale, Judge. ORDER REVERSED AND CASE REMANDED Page 146 No. 00SA101, PEOPLE V. GALL: Constitutional Law – Fourth Amendment- Search and […]

In the Matter of the Petitions of B.D.G. and A.G., Petitioners, for the relinquishment of M.A.G., a Child, and Concerning C.R.G., natural grandmother, Intervenor-Appellant, and Parent Resource Center, Inc., Appellee. No. 92CA1676Colorado Court of Appeals. Decided December 16, 1993. Rehearing Denied February 3, 1994. Petition for Writ of Certiorari DENIED September 19, 1994. Appeal from […]

Lillian M. Connor, Petitioner, v. David Zelaski, Kathy Zelaski, and The Industrial Claim Appeals Office of the State of Colorado, Respondents. No. 92CA0074Colorado Court of Appeals. Decided June 18, 1992. Rehearing Denied July 16, 1992. Certiorari Denied November 9, 1992 (92SC480). Review of Order from the Industrial Claim Appeals Office of the State of Colorado […]

CONCERNING THE APPLICATION FOR WATER RIGHTS OF TURKEY CANON RANCH LIMITED LIABILITY COMPANY, AS AMENDED BY THE FIRST AND SECOND AMENDMENTS TO APPLICATION IN EL PASO COUNTY. ETHEL SHIROLA, MATT SHIROLA and KAREN SHIROLA, LARRY LASHA and DOROTHY LASHA, RICHARD GUY and PAMELA GUY, WENDY DREW and DAVID ANDERSON, GREG DICKEY and TAMI DICKEY, EVELYN […]

THE CITY AND COUNTY OF DENVER, ACTING BY AND THROUGH ITS BOARD OF WATER COMMISSIONERS, Appellant, v. MIDDLE PARK WATER CONSERVANCY DISTRICT, Appellee, and ORLYN J. BELL, Division Engineer for Water Division No. 5; and HAROLD D. SIMPSON, State Engineer, Appellees. No. 96SA15Supreme Court of Colorado. October 21, 1996 Page 284 Appeal from the District […]

The People of the State of Colorado, Complainant, v. David Dean Mulligan, Attorney-Respondent. No. 91SA333Supreme Court of Colorado. Decided October 7, 1991. Original Proceeding in Discipline. Linda Donnelly, Disciplinary Counsel, James C. Coyle, Assistant Disciplinary Counsel, for Complainant. Christopher C. Cross, for Respondent. EN BANC PER CURIAM [1] In this attorney discipline case, an inquiry […]

143 P.2d 274 INDUSTRIAL COMMISSION ET AL. v. MENEGATTI. No. 15,336.Supreme Court of Colorado. Decided November 8, 1943. A proceeding under the Workmen’s Compensation Act. The district court judgment was in favor of claimant. Reversed. 1. WORKMEN’S COMPENSATION — Fact Findings — Appeal and Error. Findings of fact by the Industrial Commission which are supported […]

In re the Marriage of Timothy C. Ford, Appellant, and Paula C. Ford, Appellee. No. 91CA1965Colorado Court of Appeals. Decided March 25, 1993. Appeal from the District Court of the City and County of Denver Honorable Edward A. Simons, Judge Page 296 Davis, Lerman Weinstein, Eileen R. Lerman; Aronowitz, Helgeson Ford, P.C., Timothy C. Ford, […]

The People of the State of Colorado, Complainant, v. Robert S. Kargol, Attorney-Respondent. No. 93SA88Supreme Court of Colorado. Decided July 6, 1993. Original Proceeding in Discipline Page 1268 Linda Donnelly, Disciplinary Counsel, for Complainant. Robert S. Kargol, Pro Se. EN BANC PER CURIAM. [1] Two formal complaints were filed charging the respondent in this attorney […]

The People of the State of Colorado, Plaintiff-Appellant, v. Earl Campbell, Defendant-Appellee. No. 85SA313Supreme Court of Colorado. Decided June 15, 1987. Rehearing Denied July 13, 1987. Appeal from District Court, El Paso County Honorable Matt M. Railey, Judge Barney Iuppa, District Attorney, Robert M. Brown, Chief Deputy District Attorney, Gary Hoffman, Deputy District Attorney, for […]

(347 P.2d 1118) JULIAN A. O’CANA, ET AL. v. CELESTINO ESPINOSA, ET AL. No. 18,413.Supreme Court of Colorado. Decided January 4, 1960. Action for damages for slander. Judgment for defendants. Reversed. 1. LIBEL AND SLANDER — Actionable Words — Thief. An accusation that plaintiffs were thieves was actionable per se. 2. Words Spoken — Thief […]

85 P.2d 1120 KINZIE v. INCORPORATED TOWN OF HAXTUN. No. 14,457.Supreme Court of Colorado. Decided December 5, 1938. Judgment affirmed en banc on application for supersedeas without written opinion. Mr. Justice Bouck not participating. Error to the District Court of Phillips County, Hon. Arlington Taylor, Judge. Mr. CHALKLEY A. WILSON, for plaintiff in error. Messrs. […]

(244 P.2d 380) PEERS v. PICKETT. No. 16,823.Supreme Court of Colorado. Decided April 28, 1952. An action for damages to a floor rug allegedly resulting from improper cleaning by defendant. Judgment for plaintiff. Per Curiam. Judgment affirmed en banc without written opinion. Error to District Court of Boulder County, Hon. George H. Bradfield, Judge. Mr. […]

Jeffrey Fishback, Petitioner, v. People of the State of Colorado, Respondent. No. 92SC68Supreme Court of Colorado. Decided April 26, 1993. Rehearing Denied May 17, 1993. Certiorari to the Colorado Court of Appeals Richard F. Thurston, Solomon L. Leftin, for Petitioner. Gale A. Norton, Attorney General, Raymond T. Slaughter, Chief Deputy Attorney General, Timothy M. Tymkovich, […]