Category: Colorado Court Opinions

Southwest Investment Company and Reliance Insurance Company, Petitioners, v. Industrial Commission of Colorado; Charles McGrath, Director Department of Labor and Employment, Division of Labor, State of Colorado, and Randall W. Braun, Respondents. No. 82CA0278Colorado Court of Appeals. Decided August 19, 1982. Review of Order of the Industrial Commission State of Colorado Page 1356 Ellison, Ward […]

(529 P.2d 1343) F. Poss Farms, Incorporated, a Colorado corporation v. Edna E. Miller, Executrix of the Estate of V. A. Miller, Deceased, and Edna E. Miller No. 74-137Colorado Court of Appeals. Decided December 24, 1974. In action for breach of a real estate purchase contract, judgment was entered awarding damages to seller. Buyers appealed. […]

(597 P.2d 1048) The People of the State of Colorado v. Donald Enriquez No. 77-223Colorado Court of Appeals. Decided March 29, 1979. Rehearing denied April 19, 1979. Certiorari denied July 16, 1979. Convicted of first-degree criminal trespass and third-degree sexual assault, defendant appealed asserting error in the admission of similar transaction evidence in rebuttal to […]

The People of the State of Colorado, Plaintiff-Appellee, v. Paul E. Inman, Defendant-Appellant. No. 96CA0257Colorado Court of Appeals. July 24, 1997 As Modified on Denial of Rehearing July 24, 1997 Petition for Writ of Certiorari DENIED February 2, 1998 Opinion Modified, and As Modified, Petition for Rehearing DENIED OPINION PREVIOUSLY ANNOUNCED AS NON-PUBLISHED (JUNE 5, […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Alan WALTERS, Defendant-Appellant. No. 02CA2419.Colorado Court of Appeals. July 13, 2006. Certiorari Denied December 18, 2006.[*] [*] Justice EID does not participate. Justice COATS would grant as to the following issue: Whether comments made by the prosecutor during closing argument warranted reversal of the conviction under […]

103 P.2d 7 MELVILLE ET AL., AS TRUSTEES v. WEYBREW ET AL. No. 14,634.Supreme Court of Colorado. Decided April 8, 1940. Rehearing denied June 3, 1940. Suit to dissolve a trust and for accounting. Judgment for plaintiffs. Affirmed. On Application for Supersedeas. 1. TRUSTS — Receivers — Court Jurisdiction. In an action to terminate a […]

John Harold Rogers, Plaintiff-Appellant, v. Department of Revenue of the State of Colorado, Motor Vehicle Division, Defendant-Appellee. No. 91CA1462Colorado Court of Appeals. Decided September 10, 1992. Rehearing Denied October 1, 1992. Appeal from the District Court of Douglas County Honorable Thomas J. Curry, Judge Page 370 Cherner Blackman, Barbara S. Blackman, for Plaintiff-Appellant. Gale A. […]

The People of the State of Colorado, Complainant, v. Stuart J. Raubolt, Attorney-Respondent. No. 92SA31Supreme Court of Colorado. Decided May 18, 1992. Original Proceeding in Discipline. Linda Donnelly, Disciplinary Counsel, Jay P.K. Kenney, Assistant Disciplinary Counsel, for Complainant. No Appearance for Attorney-Respondent. EN BANC PER CURIAM [1] The respondent in this attorney disciplinary proceeding did […]

(480 P.2d 545) Alameda Water Sanitation District v. Ridgewood Mobile Homes Park, Inc., a Colorado corporation. No. 22855.Supreme Court of Colorado. Decided February 1, 1971. Rehearing denied February 22, 1971. Action by mobile home trailer park corporation against water and sanitation district for damages for breach of contract to provide sewer service. Judgment for plaintiff. […]

Gold Messenger, Inc., a Colorado Corporation, Plaintiff-Appellee, v. Jesse McGuay d/b/a Shear Power and Penny Saver, Defendant-Appellant. No. 96CA1619Colorado Court of Appeals. April 17, 1997 Appeal from the District Court of Arapahoe County Honorable Deanna E. Hickman, Judge No. 96CV1244 ORDER AFFIRMED Page 908 Campbell Bohn Leffert, LLC, Michael G. Bohn, James X. Quinn, Denver, […]

(318 P.2d 600) CITY AND COUNTY OF DENVER, ET AL. v. PROTOCRATS, INC. No. 17,955.Supreme Court of Colorado. Decided November 12, 1957. Rehearing denied December 16, 1957. Action by private social club for declaratory judgment to determine legality of practice of club members furnishing and consuming intoxicating liquors on the club premises. Judgment for plaintiff. […]

The People of the State of Colorado, Plaintiff-Appellee, v. John Manuel Ovalle, Defendant-Appellant. No. 01CA0050Colorado Court of Appeals. May 9, 2002 Rehearing Denied June 27, 2002 Weld County District Court No. 93CR579; Honorable Jonathan W. Hays, Judge. APPEAL DISMISSED IN PART AND SENTENCE AFFIRMED. Page 1074 Ken Salazar, Attorney General, Dawn M. Weber, Assistant Attorney […]

Leonard C. Sorenson, Plaintiff-Appellant, v. Regional Transportation District, Defendant-Appellee, and State Board of Land Commissioners, Additional Party Defendant-Appellee. No. 85CA1605Colorado Court of Appeals. Decided July 9, 1987. Rehearing Denied August 13, 1987. Certiorari Denied November 9, 1987 (87SC333). Appeal from the District Court of Arapahoe County Honorable Kenneth K. Stuart, Judge Eric Pierson, for Plaintiff-Appellant. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Michael R. McCormick, Defendant-Appellant. No. 87CA0081 No. 87CA1566Colorado Court of Appeals. Decided March 12, 1992. Rehearing Denied April 30, 1992. Certiorari Granted October 26, 1992 (92SC334). Certiorari Granted on the following issues: Whether the court of appeals erred in finding that the prosecution of the murder […]

(369 P.2d 51) JOSEPH J. BERTA v. CHARLES R. ROCCHIO, ET AL. No. 19,705.Supreme Court of Colorado. Decided February 26, 1962. Action for balance claimed due on promissory note. From a judgment for less than amount claimed the plaintiff brings error. Affirmed. 1. BILLS AND NOTES — Evidence — Parol — Credit on Note. Admission […]

Marilyn Martin v. May Lou Porak No. 80CA1057Colorado Court of Appeals. Decided December 24, 1981. Certiorari denied February 8, 1982. Appeal from the District Court of El Paso County, Honorable George M. Gibson, Judge. Page 854 Lloyd C. Kordick, for plaintiff-appellee and cross-appellant. Kane, Donley Wills, Thomas Kelly Kane, for defendant-appellant and cross-appellee. Division III. […]

Eric Davenport, Plaintiff-Appellee and Cross-Appellant, v. Community Corrections of the Pikes Peak Region, Inc., Defendant-Appellant and Cross-Appellee. No. 94CA1283Colorado Court of Appeals. January 9, 1997 Opinion Modified, and As Modified, Petition for Rehearing DENIED March 6, 1997. Certiorari Granted September 8, 1997. Appeal from the District Court of El Paso County Honorable David D. Parrish, […]

The People of the State of Colorado, Plaintiff-Appellant, v. Efrain Reyes Meraz, Defendant-Appellee. No. 98SA124.Supreme Court of Colorado. En Banc. June 29, 1998. Appeal from the District Court of Adams County, Honorable Philip F. Roan, J. Robert S. Grant, District Attorney, Seventeenth Judicial District, Michael J. Milne, Senior Deputy District Attorney, Brighton, for Plaintiff-Appellant. Ronald […]

(510 P.2d 333) The People of the State of Colorado v. Charles R. King No. 25157Supreme Court of Colorado. Decided May 21, 1973. From the granting of defendant’s motion for a directed verdict of insanity, the People appealed. Reversed 1. HOMICIDE — Sanity — Bifurcated Trial — Jury Issue — Drinking — Drugs — Accountable […]

HLJ Management Group, Inc., and Colorado Compensation Insurance Authority, Petitioners, v. Won Il Kim, the Industrial Claim Appeals Office of the State of Colorado, and Director of the Division of Labor, Respondents. No. 89CA1893Colorado Court of Appeals. Decided July 26, 1990. Rehearing Denied August 23, 1990. Certiorari Denied February 4, 1991 (90SC566). Review of Order […]

Joseph W. Higgins, Petitioner-Appellant, v. Colorado Department of Corrections; Donice Neal, Warden; William Bokra, Deputy Warden; and Major Bennett, Manager, Colorado Correctional Center, Respondents-Appellees. No. 93CA0608Colorado Court of Appeals. Decided May 19, 1994 Appeal from the District Court of the City and County of Denver Honorable Federico C. Alvarez, Judge No. 93CV1084 ORDER AFFIRMED Joseph […]

Henry Zeligman and Charles Hayhurst, Plaintiffs-Appellees, v. Robert L. Juergens and Honor F. Juergens, Defendants, and Concerning Central Trust Company of Northeastern Ohio, N.A., Appellant. No. 86CA1883Colorado Court of Appeals. Decided September 15, 1988. Appeal from the District Court of the City and County of Denver Honorable Gilbert Alexander, Judge Page 784 Podoll Podoll, P. […]

(300 P.2d 545) GILBERT ROLAND VIGIL v. PEOPLE OF THE STATE OF COLORADO. No. 17,737.Supreme Court of Colorado. Decided August 13, 1956. Defendant was convicted of armed robbery and brings error. Affirmed. 1. CRIMINAL LAW — Evidence — Identification. The identification of defendant by prosecuting witnesses, based upon his physical appearance, was direct evidence. The […]

144 P.2d 981 KNAPP v. POST PRINTING AND PUBLISHING COMPANY, ET AL. No. 15,070.Supreme Court of Colorado. Decided October 11, 1943. Rehearing denied January 10, 1944. A suit for damages for libel. Judgment of dismissal. Affirmed. 1. PLEADING — Amendments — Waiver. Under the Colorado Code of Civil Procedure a plaintiff, after demurrer sustained, had […]

Board of Assessment Appeals of the State of Colorado, and Regis Jesuit Holding, Inc., Petitioners-Appellees, v. City and County of Denver, State of Colorado, Board of Equalization of the City and County of Denver, and Alan N. Charnes, Manager of Revenue, in his official capacity as ex officio Assessor of the City and County of […]

The People of the State of Colorado v. District Court in and for the Second Judicial District of the State of Colorado and Honorable Clifton A. Flowers, one of the Judges thereof No. 81SA417Supreme Court of Colorado. Decided December 14, 1981. Rehearing denied December 28, 1981. Original Proceeding Page 66 Dale Tooley, District Attorney, O. […]

(515 P.2d 110) Luis C. Olivas v. Industrial Commission of the State of Colorado (Ex-officio Unemployment Compensation Commission of Colorado); and The Denver Brick and Pipe Company No. 73-144Colorado Court of Appeals. Decided October 10, 1973. Industrial Commission denied claimant unemployment compensation benefits, and claimant sought review. Order Set Aside 1. UNEMPLOYMENT COMPENSATION — Denial […]

The People of the State of Colorado, Plaintiff-Appellee v. James Gay, Defendant-Appellant. No. 98CA1517.Colorado Court of Appeals. February 3, 2000. Opinion Modified, and As Modified, April 20, 2000. Petition for Rehearing DENIED. Appeal from the District Court of the City and County of Denver, Honorable John W. Coughlin, Judge, Honorable Paul A. Markson, Judge, No. […]

The PEOPLE of the State of Colorado, Plaintiff-Appellant v. Stephen Lamarr MINOR, Defendant-Appellee. No. 09SA156.Supreme Court of Colorado. February 1, 2010. Appeal from the District Court, Denver County, Christina Habas, J. Page 953 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 954 […]

The PEOPLE of the State of Colorado, Complainant, v. Robert E. WOODFORD, Respondent. No. 02PDJ007.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. October 29, 2003. Page 371 Attorney Regulation. The Hearing Board suspended Respondent Robert E. Woodford, attorney registration number 16379 from the practice of law for a period of fifteen […]

(482 P.2d 978) The People of the State of Colorado v. Larry Ellis Singleton. No. 24893.Supreme Court of Colorado. Decided March 22, 1971. Interlocutory appeal by defendant from an adverse ruling on his motion to suppress evidence he alleges was obtained as a result of an illegal search and seizure. Affirmed in Part, Reversed in […]

Metropolitan Gas Repair Service, Inc. v. Michael Kulik and Carla Rivero No. 79SC315Supreme Court of Colorado. Decided December 8, 1980. Rehearing denied January 5, 1981. Certiorari to the Colorado Court of Appeals Page 314 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]

102 P.2d 474 OVERTON v. CITY AND COUNTY OF DENVER ET AL. No. 14,732.Supreme Court of Colorado. Decided April 22, 1940. A proceeding under the Workmen’s Compensation Act. Payment of compensation to claimant ordered suspended because of his refusal to submit to surgical treatment reasonably necessary to promote his recovery. Affirmed. 1. WORKMEN’S COMPENSATION — […]

(263 P.2d 313) McENTYRE ET AL. v. JONES. No. 17,176.Supreme Court of Colorado. Decided November 16, 1953. Rehearing denied November 30, 1953. An action for damages for the death of a thirteen-year old girl allegedly caused by the negligence of defendants. Judgment for plaintiff. Affirmed. 1. PARENT AND CHILD — Death of Child — Time […]

In re the Marriage of Joyce C. Caufman, Appellee, and Kenneth E. Caufman, Appellant. No. 91CA0144Colorado Court of Appeals. Decided March 12, 1992. Appeal from the District Court of Larimer County Honorable William F. Dressel, Judge. Page 502 Frey, Lach Michaels, P.C., Susan M. Lach, for Appellee. Robert Ausenhus, for Appellant. Division V. Opinion by […]

The People of the State of Colorado, Plaintiff-Appellee, v. Christy L. McDonald, Defendant-Appellant. No. 98CA2037Colorado Court of Appeals. June 8, 2000 Appeal from the District Court of El Paso County, Honorable Gil Martinez, Judge No. 97CR3811 Division I JUDGEMENT REVERSED AND CAUSE REMANDED WITH DIRECTIONS. Page 789 Ken Salazar, Attorney General, Assistant Attorney General, Denver, […]

The People of the State of Colorado, Plaintiff-Appellant, v. Ronald Richard Arellano and Christina Anita Herrera, Defendants-Appellees. No. 89SA429Supreme Court of Colorado. Decided June 18, 1990. Interlocutory Appeal from District Court Pueblo County Page 1136 G.F. Sandstrom, District Attorney, Richard W. Dickerson, Deputy District Attorney, for Plaintiff-Appellant. Doyle T. Johns, Jr., for Defendants-Appellees. EN BANC […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Joseph EDWARDS, Defendant-Appellant. No. 05CA1159.Colorado Court of Appeals. March 8, 2007. Certiorari Granted July 30, 2007. Appeal from the District Court, Adams County, Philip F. Roan, J. Page 905 John W. Suthers, Attorney General, Jennifer M. Smith, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee. The Joffe […]

Patricia Blaine, Petitioner, v. Moffat County School District RE No. 1, Respondent. No. 85SC455Supreme Court of Colorado. Decided January 11, 1988. Rehearing Denied February 8, 1988. Certiorari to the Colorado Court of Appeals Page 1281 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

(355 P.2d 540) JACKSON ENTERPRISES, INC., ET AL. v. JAMES B. MAGUIRE, ET AL. No. 19,058.Supreme Court of Colorado. Decided September 26, 1960. Action to reform contracts and deeds. Judgment for plaintiff in part. Affirmed. 1. REFORMATION OF INSTRUMENTS — Remedy — Quantum of Proof. Reformation is an equitable remedy available only upon an extraordinary […]

The People of the State of Colorado, Plaintiff-Appellee, v. Aurelio Saucedo, Defendant-Appellant. No. 88CA0409Colorado Court of Appeals. Decided January 25, 1990. Rehearing denied March 29, 1990. Certiorari Denied August 27, 1990 (90SC242). Appeal from the District Court of Weld County Honorable Jonathan Hays, Judge Honorable William West, Judge Duane Woodard, Attorney General, Charles B. Howe, […]

(383 P.2d 789) JOHN WESLEY BOWLUS v. INDUSTRIAL COMMISSION OF COLORADO, AND RALPH E. FARRINGTON, SR., ET AL., AS YAMPA TRANSFER. No. 20,633.Supreme Court of Colorado. Decided July 15, 1963. From a judgment affirming finding of Industrial Commission that employer was not subject to compensation act at time of accident, the claimant brings error. Affirmed. […]

(287 P.2d 976) JAMES CODDING, ET AL. v. MRS. EUGENE JACKSON. No. 71,665.Supreme Court of Colorado. Decided September 19, 1955. Replevin action to recover possession of an automobile. Judgment for plaintiff: Affirmed. 1. AUTOMOBILES — Title — Transfer. Where the defendant failed to comply with the provisions of the statutes governing the transfer of titles […]

The PEOPLE of the State of Colorado, In the Interest of S.M.A.M.A., a Child Upon the Petition of the Denver Department of Human Services Petitioner-Appellee and Concerning D.A.N., Respondent-Appellant. No. 07CA0933.Colorado Court of Appeals. October 18, 2007. Appeal from the Juvenile Court, Denver County, Karen M. Ashby, J. Page 959 Arlene Dykstra, Acting City Attorney, […]

David Skipworth, Kathryn Skipworth, Virgil Pineda, Linda Pineda, and Dale L. Thomas, Plaintiffs-Appellants, v. Board of Education of Woodland Park School District, Re-2, Defendant-Appellee. No. 93CA0141Colorado Court of Appeals. Decided April 21, 1994 Appeal from the District Court of Teller County, Honorable Donald E. Campbell, Judge, No. 92CV59 JUDGMENT AFFIRMED AND CAUSE REMANDED WITH DIRECTIONS […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Keith LARKINS, Defendant-Appellant. No. 03CA0676.Colorado Court of Appeals. Division II. October 7, 2004. Certiorari Denied April 18, 2005. Appeal from the District Court, City and County of Denver, Frank Martinez, J. Page 1004 Ken Salazar, Attorney General, Katherine A. Hansen, Assistant Attorney General, Denver, Colorado, for […]

The People of the State of Colorado, Plaintiff-Appellee, v. Kerry S. Dore, Defendant-Appellant. No. 98CA0562Colorado Court of Appeals. Division V September 16, 1999 Appeal from the District Court of El Paso County, Honorable Larry E. Schwartz, Judge, No. 96CR1644 JUDGMENT AFFIRMED Page 1215 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

(601 P.2d 1082) Grace Srb, individually and as administratrix or personal representative of the Estate of Hugo F. Srb v. Board of County Commissioners, County of Larimer, and Richard D. Lamm, Governor of the State of Colorado, State of Colorado, and State of Colorado Department of Health No. 78-1131Colorado Court of Appeals. Decided July 5, […]

(295 P.2d 686) MARGARITO CEDILLO, JR. v. PEOPLE OF THE STATE OF COLORADO. No. 17,906.Supreme Court of Colorado. Decided April 9, 1956. Rehearing denied April 23, 1956. Defendant was convicted of a crime and sentenced to serve a term in the state penitentiary. Affirmed. Error to the District Court of Fremont County, Hon. Joseph D. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Michael Henry Schrecongost, Defendant-Appellant. No. 88CA0384Colorado Court of Appeals. Decided April 5, 1990. Rehearing Denied May 17, 1990. Certiorari Granted September 10, 1990 (90SC360). Certiorari Granted on the following issues: Whether the court of appeals erred in rejecting petitioner’s claim that the trial court erred in […]

(385 P.2d 663) DONALD ALTOBELLA v. THE DISTRICT COURT OF JEFFERSON COUNTY. No. 20,895.Supreme Court of Colorado. Decided September 3, 1963. Original proceeding relating to excessive bail. Rule to show cause issued. Rule Made Absolute. 1. BAIL — Discretion of Court — Excessive — Amounting to Denial. Where, under circumstances shown, bond fixed by trial […]

Carol REIFF, Plaintiff-Appellant, v. COLORADO DEPARTMENT OF HEALTH CARE POLICY AND FINANCING and Karen Reinertson, in her official capacity as Executive Director, Defendants-Appellees. No. 05CA0083.Colorado Court of Appeals. September 7, 2006. Page 356 Appeal from the District Court, City and County of Denver, No. 04CV2849, Robert S. Hyatt, J. Boulder County Legal Services, Joel R. […]

Gertrude Pedlow, Plaintiff-Appellant, v. Dale Stamp, Defendant-Appellee. No. 90CA1779Colorado Court of Appeals. Decided September 12, 1991. Appeal from the District Court of El Paso County Honorable Donald E. Campbell, Judge. Cornish and Dell’olio, Craig M. Cornish, for Plaintiff-Appellant. Law Offices of Gary F. Dailey, Erika M. Boren, for Defendant-Appellee. Division III. Opinion by JUDGE TURSI. […]

THE PEOPLE OF THE STATE OF COLORADO, Plaintiff-Appellant, v. MICHAEL CARPER, Defendant-Appellee. No. 93SA326Supreme Court of Colorado. Decided June 27, 1994. Interlocutory Appeal from the District Court, Jefferson County Honorable Michael C. Villano, Judge RULING REVERSED Page 583 David J. Thomas, District Attorney, First Judicial District, Donna Skinner Reed, Chief Appellate Deputy District Attorney, Golden, […]

In re the MARRIAGE OF Juliane R. OHR, Petitioner and Cross-Appellee, and Gerry Ohr, Appellee and Cross-Appellant, and Concerning Roger Bruch, Intervenor-Appellant and Cross-Appellee. No. 03CA0726.Colorado Court of Appeals. Division V. July 1, 2004. Appeal from the District Court, Washington County, Douglas R. Vannoy, J. Page 355 Jacqueline St. Joan, Denver, Colorado, for Petitioner and […]

THE PEOPLE OF THE STATE OF COLORADO, Petitioner, v. PETER McCREADIE, Respondent. No. 96SC410Supreme Court of Colorado. June 2, 1997 Certiorari to the Colorado Court of Appeals JUDGMENT AFFIRMED WITH CLARIFICATION Page 529 Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, Robert Mark Russel, First Assistant […]

Board of Assessment Appeals of the State of Colorado, Property Tax Administrator of the State of Colorado, and Grand County Board of Equalization, Petitioners, v. Colorado Arlberg Club, Respondent. No. 86SC175Supreme Court of Colorado. Decided September 19, 1988. Certiorari to the Colorado Court of Appeals Page 147 Anthony J. DiCola, for Petitioner Grand County Board […]

Combined Communications Corporation, d/b/a KBTV Broadcasting, Inc., Plaintiff-Appellee, v. Bedford Motors, Inc., d/b/a Mike Flannery Chevrolet, Inc., and d/b/a Highland Chevrolet, Defendant-Appellant. No. 83CA0394Colorado Court of Appeals. Decided May 2, 1985. Appeal from the District Court of the City and County of Denver Honorable Daniel B. Sparr, Judge Davis, Graham Stubbs, Andrew M. Low, for […]

492 P.2d 895 Mel Lisiten v. K. Barbara Lisiten No. 71-024Colorado Court of Appeals. Decided January 11, 1972. In divorce action, wife appealed alleging that trial court abused its discretion in limiting the time for the hearing on property division and in awarding her only $200 in attorney’s fees. Reversed 1. DIVORCE — Time Limitation […]

The Denver and Rio Grande Western Railroad Company, a Delaware corporation, Plaintiff-Appellant, v. Frank C. Forster, Ruby Forster and Marty E. Forster, Defendants-Appellees. No. 87CA1153Colorado Court of Appeals. Decided February 9, 1989. Rehearing Denied May 25, 1989. Appeal from the District Court of Eagle County Honorable Richard H. Hart, Judge. Page 613 Kathleen M. Snead, […]

(360 P.2d 438) JOHN VAUGHN v. COLORADO WOOL MARKETING ASSOCIATION. No. 19,342.Supreme Court of Colorado. Decided March 13, 1961. Action by wool marketing association to recover excess of advance to defendant over sale price of wool clip pursuant to marketing agreement. Judgment for plaintiff. Affirmed. 1. CONTRACTS — Sales — Marketing Agreement — Advance — […]

(476 P.2d 253) Frank Pluss, Doing Business as Pluss Poultry Co. v. Department of Revenue. No. 22964Supreme Court of Colorado. Decided November 2, 1970. Sales tax case. Department of Revenue assessed a sales tax against wholesale poultry company and company appealed final determination of tax liability to district court which entered judgment dismissing the appeal, […]

14 P.2d 1014 KERN v. WILSON ET AL. No. 12,722.Supreme Court of Colorado. Decided September 26, 1932. Action for damages for fraud, to have judgment established as a lien on real estate, and to foreclose the same. Judgment of dismissal. Affirmed. 1. PROCESS — Fraud — Service Out of State. An action for unliquidated damages […]

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Petitioner, v. RENEE W. STEIN, Respondent. No. 96SC283Supreme Court of Colorado. June 30, 1997 Certiorari to the Colorado Court of Appeals JUDGMENT AFFIRMED Page 385 Levy Lambdin, Marc R. Levy, Scott P. Landry, Stephanie A. Montague, Englewood, Colorado, Attorneys for Petitioner. Gary H. Hemminger, P.C., Gary H. Hemminger, Denver, […]

(475 P.2d 700) The People of the State of Colorado v. Richard A. Lujan No. 24879.Supreme Court of Colorado. Decided October 26, 1970. Interlocutory appeal by defendant seeking review of adverse ruling in trial court on his motion to suppress evidence which he alleges was illegally obtained. Ruling Affirmed. 1. ARREST — Probable Cause — […]

Don R. EWY and Ann B. Ewy, Plaintiffs-Appellees, v. Robert B. STURTEVANT, in his personal capacity and in his official capacity as a Colorado State Forest Service Forester; Paul Janzen, in his personal capacity and in his official capacity as a Colorado State Forest Service Forester; Terry Wattles, in his personal capacity and in his […]

In re the Adoption of: P.H.A., a Child, Upon the Petition of C.P.A., Petitioner-Appellant, and Concerning A.T.A., Respondent-Appellee. No. 94CA1239Colorado Court of Appeals. June 1, 1995 Appeal from the District Court of Jefferson County Honorable Michael C. Villano, Judge No. 91JA102 ORDER AFFIRMED Lee D. Warkentine, P.C., Lee D. Warkentine, T.R. Prater Sanderfer, Broomfield, Colorado, […]

(548 P.2d 124) The People of the State of Colorado v. Robert E. Hawthorne No. 26517Supreme Court of Colorado. Decided April 5, 1976. Defendant was convicted of second-degree assault and appealed. Affirmed 1. WITNESSES — Impeach — Own Witness — Surprise — Hostility — Not Required — Statute. Assertion of defendant — that a party […]

(526 P.2d 309) The People of the State of Colorado v. Dennis E. Hodge No. 25838Supreme Court of Colorado. Decided September 16, 1974. Defendant was convicted of aggravated robbery and appealed. Affirmed 1. CRIMINAL LAW — Line-up — Proper — Advised of Rights — Counsel — Unrelated Charge. A person properly detained can be exhibited […]

Dorothy Lockhart, Plaintiff-Appellant, v. Dana Elm, and Barbara Elm, Defendants-Appellees. No. 84CA0603Colorado Court of Appeals. Decided March 26, 1987. Appeal from the District Court of Clear Creek County Honorable William L. Jones, Judge Charles M. Dosh, for Plaintiff-Appellant. Banta, Hoyt, Banta, Greene, Hannen Everall, Richard D. Greene; Sherman Howard, Edward A. Gleason, for Defendants-Appellees. Division […]

GLOBE INDEMNITY CO., Plaintiff-Appellee, v. TRAVELERS INDEMNITY COMPANY OF ILLINOIS, Defendant-Appellant and Cross-Appellee, Northern Insurance Company of New York, Defendant-Appellee, and Fidelity Guaranty Underwriting Company, Defendant-Appellee and Cross-Appellant. No. 01CA2242.Colorado Court of Appeals. Division V. August 12, 2004. Page 972 Appeal from the Jefferson County District Court, No. 99CV3080, Leland P. Anderson, J. McElroy, Deutsch […]

The People of The State of Colorado, Plaintiff-Appellant, v. Clarence McClure, Defendant-Appellee. No. 86SA415Supreme Court of Colorado. Decided June 6, 1988. Rehearing Denied July 5, 1988. Appeal from the District Court Denver County Honorable John Brooks, Jr., Judge Page 1009 Norman S. Early, Jr., District Attorney, Nathan B. Coats, Chief Deputy District Attorney, Donna Skinner […]

(366 P.2d 586) JOHN I. CARTER v. ELIZABETH A. CARTER. No. 19,685.Supreme Court of Colorado. Decided November 27, 1961. Rehearing denied December 18, 1961. Action on foreign judgment. Judgment for plaintiff. Affirmed. 1. JUDGMENT — Foreign Judgment — Motion for Summary Judgment — Affidavits. In an action on a foreign judgment where plaintiff presented certified […]

(360 P.2d 446) DRY CLEANERS AND LAUNDRY WORKERS LOCAL UNION NO. 304, ET AL. v. SUNNYSIDE CLEANERS AND SHIRT LAUNDRY. No. 19,535.Supreme Court of Colorado. Decided March 20, 1961. Proceedings to review determination of Industrial Commission in collective bargaining election. From a judgment vacating orders of the commission the respondents bring error. Reversed. 1. LABOR […]

Mike COFFMAN, Colorado State Treasurer, Petitioner, v. COLORADO COMMON CAUSE, a registered not-for-profit corporation; and Pete Maysmith, Executive Director of Colorado Common Cause, Respondents. No. 03SC397.Supreme Court of Colorado. En Banc. December 6, 2004. Page 1000 Ken Salazar, Attorney General, Maurice G. Knaizer, Deputy Attorney General, Public Officials Unit, State Services, Denver, for Petitioner. The […]

The People of the State of Colorado, Complainant, v. William G. Pilgrim, Attorney-Respondent. No. 90SA236Supreme Court of Colorado. Decided December 24, 1990. Original Proceeding in Discipline. Linda Donnelly, Disciplinary Counsel, for Complainant. Attorney-Respondent not appearing. EN BANC PER CURIAM. [1] In this attorney discipline case a complaint was filed with the Colorado Supreme Court Grievance […]

(528 P.2d 392) The People of the State of Colorado v. Edmund A. Fratus No. 25907Supreme Court of Colorado. Decided November 25, 1974. Defendant was convicted of possession of more than one-half ounce of a narcotic drug, to-wit, marijuana and appealed. Affirmed 1. COURTS — Supreme Court — Probable Cause — Aguilar-Spinelli — Two-Prong Test. […]

(510 P.2d 449) Birkenmayer Company, Inc., a Colorado corporation v. Homestead Minerals, a Utah corporation No. 71-449Colorado Court of Appeals. Decided May 15, 1973. Stock brokerage firm brought action against defendant alleging that it Page 259 had sustained losses because it had relied on letter written by defendant’s transfer agent which letter allegedly erroneously verified […]

James CHAPMAN, Plaintiff-Appellant, v. Gerald L. WILLEY and Judy A. Willey, Defendants-Appellees. No. 04CA1299.Colorado Court of Appeals. March 23, 2006. Appeal from the District Court, City and County of Denver, Martin F. Egelhoff, J. Law Offices of W.A.M. Al-Haqq, P.C., W.A.M. Al-Haqq, Denver, Colorado, for Plaintiff-Appellant. Walberg, Dagner Tucker, P.C., Bruce B. McLarty, Englewood, Colorado, […]

(347 P.2d 773) INTERNATIONAL BROWN DRILLING CORPORATION v. FERGUSON TRUCKING CO., INC. ET AL. No. 18,448.Supreme Court of Colorado. Decided December 14, 1959. Rehearing denied January 4, 1960. Attachment action involving right to possession of oil drilling rig. Judgment for plaintiff and intervenor brings error. Reversed. 1. ATTACHMENT — Assignment for Benefit of Creditors — […]

167 P.2d 961 HEWITT v. STATE CIVIL SERVICE COMMISSION, ET AL., WATROUS, INTERVENER. No. 15,698.Supreme Court of Colorado. Decided March 25, 1946. Rehearing denied April 15, 1946. A proceeding involving the appointment of a state highway engineer by the Civil Service commission. Judgment of dismissal. Affirmed. 1. PUBLIC OFFICERS — State Highway Engineer. The state […]

(511 P.2d 506) R. Rex Conyers v. Ruth Lee, and Eugene O. Daniels No. 72-167Colorado Court of Appeals. Decided June 5, 1973. Action by doctor against his patient and her attorney to recover for medical services rendered, and to recover from patient for an expert witness fee. From summary judgment for the defendant attorney and […]

(338 P.2d 694) POLICE PENSION AND RELIEF BOARD OF THE CITY AND COUNTY OF DENVER, ET AL. v. PAUL O. McPHAIL, WILLIAM E. FLOR, ET AL. No. 18,555.Supreme Court of Colorado. Decided May 4, 1959. Action for declaratory judgment to determine status of pensioned members of Fire and Police departments under charter amendment repealing former […]

Jakco Painting Contractors, and State Compensation Insurance Fund, Petitioners, v. Industrial Commission of the State of Colorado, and Dependents of Arthur Charles Wright, Respondents. No. 84CA0597Colorado Court of Appeals. Decided May 23, 1985. Review of Order from the Industrial Commission of the State of Colorado Page 756 Richard G. Fisher, Jr., William J. Baum, Kathleen […]

The People of the State of Colorado, Plaintiff-Appellant, v. Gilardo C. Aguilar, Defendant-Appellee. No. 94SA446Supreme Court of Colorado. Decided June 5, 1995 Interlocutory Appeal from District Court, Chaffee County Honorable Kenneth M. Plotz, Judge. ORDER VACATED AND CASE REMANDED WITH DIRECTIONS. Edward J. Rodgers, District Attorney, Eleventh Judicial District, Canon City, Colorado, Norman C. Cooling, […]

The People of the State of Colorado, Plaintiff-Appellee, v. Earl William Campbell, Defendant-Appellant. No. 87CA1955Colorado Court of Appeals. Decided November 30, 1989. Rehearing Denied January 18, 1990. Certiorari Granted July 30, 1990, Cross-Petition for Certiorari Denied July 30, 1990 (90SC86) (795 P.2d 270). Page 154 Certiorari Granted on the following issues: Did the trial court […]

SPEIGHT FAMILY PARTNERSHIP, LLLP, a Colorado limited liability limited partnership; and Greenview Trust, Ralph R. Williams, Trustee, Plaintiffs-Appellees, v. CITY OF COLORADO SPRINGS, a home rule city of the State of Colorado; and the Board of County Commissioners of the County of El Paso, Defendants-Appellants. No. 03CA2236.Colorado Court of Appeals. September 8, 2005. Certiorari Granted […]

The People of the State of Colorado, Plaintiff-Appellee, v. Allen Thomas, Jr., Defendant-Appellant. No. 93CA1209.Colorado Court of Appeals. Division V. June 26, 1997. Rehearing Denied October 23, 1997. Certiorari Denied September 21, 1998. Appeal from the District Court, Adams County, Honorable Donald W. Marshall, J. Page 264 [1] [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]