Category: Colorado Court Opinions

(582 P.2d 677) James Renton v. Dan Cronin, Manager of Safety and Ex-Officio Sheriff, City and County of Denver, State of Colorado No. 27895Supreme Court of Colorado. Decided July 17, 1978. Opinion modified and as modified rehearing denied August 21, 1978. Extradition proceeding in which the State of Arkansas is seeking to extradite appellant to […]

In the Matter of the Petition of J.A.A. for the Adoption of a Child, C.M.R. v. C.R. No. 80CA0355Colorado Court of Appeals. Decided September 11, 1980. Appeal from the District Court of Adams County, Honorable James J. Delaney, Judge. Brian Maguire, for appellant. John M. Case, P.C., John M. Case, for appellee. Division I. Opinion […]

(368 P.2d 197) ALBERT DEAN RUMLEY v. PEOPLE OF THE STATE OF COLORADO. No. 19,694.Supreme Court of Colorado. Decided January 22, 1962. Defendant was convicted of involuntary manslaughter resulting from operation of a motor vehicle. Reversed. 1. CRIMINAL LAW — Motor Vehicle — Operation — Speed — Testimony. Testimony of an expert witness as to […]

(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 […]

Arnold Watson, d/b/a Outfitters West, Plaintiff-Appellee, v. Andrew G. Fenney d/b/a Deer Valley Lodge and Deer Valley Estates, Defendant-Appellant. No. 89CA2077Colorado Court of Appeals. Decided October 11, 1990. Appeal from the District Court of Delta County Honorable Robert A. Brown, Judge. Page 1374 Darrow Helmsing, Gregg Helmsing, for Plaintiff-Appellee. Yates Davies, James A. Cleland, for […]

(399 P.2d 940) FRANK BYRNE v. STONE BIRKLE, INC. No. 20760.Supreme Court of Colorado. Decided March 15, 1965. Action to recover on contract and quantum meruit for engineering services alleged to have been performed in connection with a structure to be erected. From an adverse judgment the defendant brings error. Affirmed. 1. APPEAL AND ERROR […]

(346 P.2d 301) BARNEY KEAN, ET AL. v. WAYNE BROWN, ET AL. No. 18,386.Supreme Court of Colorado. Decided November 9, 1959. Action for injunction to restrain execution of judgment, Judgment of dismissal. Affirmed. 1. APPEAL AND ERROR — Judgment — Injunction — Fraud on Court. In an action to restrain enforcement of a judgment where […]

KENNETH SHOOTMAN, individually and as an agent of Power Motive Corporation, and POWER MOTIVE CORPORATION, Petitioners, v. DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO, Respondent. No. 95SC84Supreme Court of Colorado. November 4, 1996 Petition for Rehearing DENIED December 9, 1996 Certiorari to the Colorado Court of Appeals. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS. The Law […]

20 P.2d 1007 GOBIN ET AL. v. CITIZENS STATE BANK OF CHENEY, KANSAS. No. 12,847.Supreme Court of Colorado. Decided March 20, 1933. Rehearing denied April 17, 1933. Action on judgment of foreign state. Judgment for plaintiff. Reversed. 1. PLEADING — On Judgment of Foreign State. In an action on a judgment of a foreign state, […]

(548 P.2d 910) Owen M. Olsgard v. Industrial Commission and Colorado Springs Auto Parts Company No. 26962Supreme Court of Colorado. Decided April 19, 1976. Rehearing denied May 10, 1976. Unemployment compensation case. The Industrial Commission affirmed an order of the referee which imposed a 26-week disqualification from unemployment compensation upon claimant-petitioner and petitioner appealed. Affirmed […]

City Market, Inc., Petitioner, v. The Industrial Claim Appeals Office of the State of Colorado, Department of Labor and Employment, State of Colorado, Robert Husson, as Director of the Division of Labor, Colorado Department of Labor and Employment, and Gale E. Whittington, individually, Respondents. No. 89CA1004Colorado Court of Appeals. Decided July 19, 1990. Rehearing Denied […]

184 P.2d 869 CAVE v. BELISLE. No. 15,748.Supreme Court of Colorado. Decided September 15, 1947. An action by plaintiff mortgagor to recover an amount paid on the mortgage indebtedness where defendant, a grantee in a deed to the property who agreed to assume and pay such indebtedness, failed and refused to do so. Judgment for […]

School District RE-11J, Alamosa County, Colorado v. Jeannie L. Norwood No. 80SC90Supreme Court of Colorado. Decided April 12, 1982. Certiorari to the Colorado Court of Appeals Page 14 John C. McClure, P.C., Gordon J. Bosa, John C. McClure, for petitioner. Larry F. Hobbs, for respondent. En Banc. JUSTICE LEE delivered the opinion of the Court. […]

Vickie L. SMITH, individually and as parent and next friend of Emilee Anne Stephens; and Caitlin Smith, Plaintiffs-Appellees, v. MULTI-FINANCIAL SECURITIES CORPORATION, a Colorado corporation, Defendant-Appellant. No. 06CA0361.Colorado Court of Appeals. September 20, 2007. Appeal from the District Court, Arapahoe County, Marilyn Leonard Antrim, J. Page 1268 Godfrey Lapuyade, P.C., Keith D. Lapuyade, Steven R. […]

(488 P.2d 885) Paul Edward Sackett v. The People of the State of Colorado No. 23673Supreme Court of Colorado. Decided September 20, 1971. Defendant was convicted of aggravated robbery. From denial of his 35 (b) motion, defendant brought error. Reversed. 1. CRIMINAL PROCEDURE — Writ of Error — Dismissed — Failure to File — Motion […]

(523 P.2d 121) The People of the State of Colorado v. Thor V. Jorgenson No. 25843Supreme Court of Colorado. Decided June 10, 1974. Defendant was convicted of refusing to make available to representatives of the State Board of Pharmacy, certain records concerning dangerous drugs and appealed. Reversed 1. DRUGS AND NARCOTICS — Records — Board […]

The PEOPLE of the State of Colorado, Complainant, v. Robert J. SCHUBERT, Respondent. No. 03PDJ060.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. Colorado. August 2, 2004. Attorney Regulation. Following a sanctions hearing, a Hearing Board disbarred Respondent Robert J. Schubert (Attorney Registration No. 14695) from the practice of law, effective September […]

(429 P.2d 265) Leona Easter McCann v. Elva Jackson and Jewell James King. No. 21673.Supreme Court of Colorado. Decided June 26, 1967. Action for an accounting, restraining order, imposition of constructive trust and quiet title decree with regard to certain real estate transferred during a prospective divorce action. From an adverse judgment, plaintiff brings error. […]

61 P.2d 1025 INTERNATIONAL SERVICE UNION COMPANY v. MASCARENAS. No. 14,026.Supreme Court of Colorado. Decided October 19, 1936. Action on a death benefit certificate. Judgment for plaintiff. Affirmed. On Application for Supersedeas. 1. INSURANCE — Life — Premium Payment — Estoppel. Where, with knowledge of death of the insured, a life insurance company retains a […]

Kenneth Scriven, Petitioner, v. The Industrial Commission of the State of Colorado; Robert J. Husson, Director of the Division of Labor on behalf of the subsequent injury fund; Denver Dry Wall Company, Employer, and Employers Fire Insurance Company, Insurer, Respondents. No. 86CA0313Colorado Court of Appeals. Decided January 22, 1987. Review of Order from the Industrial […]

Linda Barrett, Complainant-Appellant, v. University of Colorado Health Sciences Center and State Personnel Board, State of Colorado, Respondents-Appellees. No. 92CA0061Colorado Court of Appeals. Decided March 11, 1993. Appeal from the State Personnel Board Page 259 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

The People of the State of Colorado, Complainant, v. John A. Roehl, Attorney-Respondent. No. 82SA324Supreme Court of Colorado. Decided January 10, 1983. Original Proceedings in Discipline Philip A. Harley, Disciplinary Prosecutor, for complainant. No appearance for attorney-respondent. En Banc. JUSTICE QUINN delivered the opinion of the Court. [1] A complaint was filed with the Grievance […]

The People of the State of Colorado v. Raymond T. Morgan No. 80SA245Supreme Court of Colorado. Decided November 10, 1980. Interlocutory Appeal from the District Court of the City and County of Denver, Honorable Karen S. Metzger, Judge. Dale Tooley, District Attorney, O. Otto Moore, Assistant, Brooke Wunnicke, Chief Appellate Deputy, for plaintiff-appellant. Marks Olom, […]

(238 P.2d 1117) O’DONE, DOING BUSINESS AS NETTIE’S MONROE BUFFET v. SHULMAN, DOING BUSINESS AS MODERN MUSIC CO. No. 16,484.Supreme Court of Colorado. Decided November 19, 1951. Rehearing denied December 31, 1951. An action for damages for breach of contract. Judgment for plaintiff. Reversed. 1. DISMISSALS — Rules of Procedure. Under pertinent Colorado rules of […]

122 P.2d 887 FIFTH CHURCH OF CHRIST, SCIENTIST, in Denver, Colorado, v. PIGG SON, INC. No. 14,858.Supreme Court of Colorado. Decided February 2, 1942. Rehearing denied February 24, 1942. Page 104 An action for declaratory judgment holding property to have been improperly classified under a municipal zoning ordinance. Judgment was entered in accordance with the […]

The People of the State of Colorado, Petitioner, v. Saint John Tyler, Defendant, and Concerning Gordon Gossett, Respondent. No. 89SC462Supreme Court of Colorado. Decided September 10, 1990. Certiorari to the Colorado Court of Appeals Page 23 Duane Woodard, Attorney General, Charles B. Howe, Deputy Attorney General, Richard H. Forman, Solicitor General, Robert M. Petrusak, Assistant […]

(411 P.2d 332) Charles F. Hale and William D. Cox, Individually, and as co-partnership d/b/a Surplus Tools and Commodities Company, et al., Plaintiffs, v. The City and County of Denver, et al., Defendants. No. 21514Supreme Court of Colorado. Decided February 28, 1966. Action seeking to have certain zoning ordinances declared invalid and unconstitutional. From a […]

33 P.2d 966 WRIGHT, EXECUTOR v. HALLEY. No. 13,226.Supreme Court of Colorado. Decided May 28, 1934. Action to foreclose trust deed and for appointment of a receiver. Decree of foreclosure and receiver appointed. Reversed. 1. MORTGAGES — Foreclosure — Estates. Where, by reason of limitation statutes a deficiency judgment cannot be entered against an estate […]

James F. Knappenberger and Edwin Z. Brown, Plaintiffs-Appellees, v. Kathleen Shea, a/k/a Kathleen Shea Clapp, Defendant-Appellant. No. 93CA0615Colorado Court of Appeals. Decided April 21, 1994 Appeal from the District Court of Boulder County Honorable Roxanne Bailin, Judge No. 92CV702 JUDGMENT AFFIRMED Page 499 Vinton, Slivka Panasci, Richard P. Slivka, Margaret M. McClellan, Denver, Colorado, for […]

(441 P.2d 666) City and County of Denver (Denver Highway Unit) and State Compensation Insurance Fund v. James A. Bush and Industrial Commission of Colorado. No. 22305.Supreme Court of Colorado. Decided June 10, 1968. From a judgment of the district court affirming the findings and award of the Industrial Commission in a workmen’s compensation proceeding, […]

The People of the State of Colorado, Appellant, In the Interest of: Karl Schmidt, Appellee. No. 84CA1403Colorado Court of Appeals. Decided April 3, 1986. Appeal from the District Court of Adams County Honorable Richard M. Borchers, Judge Page 630 Kathryn L. Schroeder, County Attorney, Marie T. Volk, Assistant County Attorney, for Appellant. Legal Aid Society […]

FirstBank of Longmont, Petitioner-Appellee, and Colorado State Board of Assessment Appeals, Appellee, v. Board of Equalization, Boulder County, Respondent-Appellant. No. 98CA0925Colorado Court of Appeals. May 27, 1999 Petition for Rehearing DENIED, July 15, 1999 Appeal from the Colorado State Board of Assessment Appeals, No. 32022. ORDER REVERSED AND CAUSE REMANDED WITH DIRECTIONS Page 1110 William […]

M.G. and G.G., as parents and next friends of M.A.G (a minor), Plaintiffs-Appellants v. Colorado Department of Human Services, Central Registry, Defendant-Appellee. No. 99CA1309.Colorado Court of Appeals. May 25, 2000. Appeal from the District Court of the City and County of Denver, Honorable Connie L. Peterson, Judge, No. 98CV7977. JUDGMENT AFFIRMED Page 816 Pickard Waters, […]

(347 P.2d 140) SUPERIOR DISTRIBUTING CORPORATION v. TED POINTS. No. 18,573.Supreme Court of Colorado. Decided November 30, 1959. Action to recover money paid under contract for the purchase of vending machines. Judgment for plaintiff. Affirmed. 1. CONTRACTS — Claim of Benefits — Denial of Obligations. In an action on a contract, a denial of liability […]

(521 P.2d 1282) Oakley Ellickson v. Oscar Dull, Jr., and Juanita Frey Dull No. 73-118Colorado Court of Appeals. Decided April 30, 1974. Owner of property secured by trust deed sold part of the property subject to the trust deed. After default and foreclosure on the part of the Page 26 property retained by him, owner […]

10 P.2d 947 Estate of Webb. THOMPSON ET AL. v. JACK. No. 13,009. Supreme Court of Colorado. Decided March 28, 1932. Rehearing denied April 25, 1932. Proceeding involving appointment of an administrator. Defendant in error appointed. Reversed. On Application for Supersedeas. 1. STATUTES — Construction. Every law is adopted as a whole, and to ascertain […]

(426 P.2d 767) Philip Cash v. Minnequa Bank of Pueblo, a corporation. No. 20984.Supreme Court of Colorado. Decided March 27, 1967. Rehearing denied May 15, 1967. Action by safety deposit box renter against bank to recover damages for its alleged negligence in permitting money and property belonging to plaintiff to disappear from safety deposit box. […]

Rachel Ellerman, individually and as next friend of Carl H. Lytle, Jr., a minor v. Terrance Wayne Kite, individually and as agent for Anco Construction Company Lid, a Colorado corporation, and Yerby Banics No. 78-216Colorado Court of Appeals. Decided July 5, 1979. Rehearing denied August 2, 1979. Certiorari granted November 13, 1979. Publication Effected March […]

(546 P.2d 964) The People of the State of Colorado v. Gilbert E. Shackelford No. 75-070Colorado Court of Appeals. Decided February 5, 1976. From criminal convictions for aggravated robbery, kidnapping and rape, defendant appealed. Affirmed 1. CRIMINAL LAW — Search and Seizure — Temporary Detention — Rape Suspect — — Furtive Movements — Probable Cause […]

Boulder Valley School District R-2, and David Zeckser, Petitioners, v. Gary D. Price, Respondent. No. 89SC406Supreme Court of Colorado. Decided January 28, 1991. Rehearing Denied February 25, 1991. Certiorari to the Colorado Court of Appeals. Page 1086 Caplan and Earnest, Gerald A. Caplan, Alan J. Canner, for Petitioners. William P. Bethke, for Respondent. EN BANC […]

THE PEOPLE OF THE STATE OF COLORADO, Complainant, v. MICHAEL LEE FAGER, Attorney-Respondent. No. 96SA249Supreme Court of Colorado. October 15, 1996 Page 281 Original Proceeding in Discipline ATTORNEY SUSPENDED Linda Donnelly, Disciplinary Counsel John S. Gleason, Assistant Disciplinary Counsel Denver, Colorado, Attorneys for Complainant. No Appearance By or on Behalf of Attorney-Respondent EN BANC JUSTICE […]

The People of the State of Colorado, Plaintiff-Appellant, v. John Michael Sheppard, Defendant-Appellee. No. 83SA217Supreme Court of Colorado. Decided June 10, 1985. Appeal from the District Court, County of Jefferson Honorable Michael C. Villano, Judge Page 50 Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, Solicitor General, Stephen Jones, […]

(435 P.2d 384) Joseph Henry Gonzales and Mary Lena Gonzales v. The District Court in and for the County of Arapahoe, and The Honorable Donald P. Smith, Jr., one of the judges of that Court. No. 23267.Supreme Court of Colorado. Decided December 26, 1967. Original proceeding in mandamus with relation to a motion to suppress […]

Alex Bejmuk and Anastasia Bejmuk, Plaintiffs-Appellees, v. Gilbert O. Russell, Jr., and Virginia N. Russell, Defendants-Appellants. No. 85CA0037Colorado Court of Appeals. Decided July 17, 1986. Rehearing Denied September 4, 1986. Certiorari Denied Bejmuk March 9, 1987 (86SC333). Appeal from the District Court of Larimer County Honorable William F. Dressel, Judge Fischer, Howard and Francis, Steven […]

(544 P.2d 639) In re the Marriage of: Beverly Jean Pope and Reid Duane Pope No. 75-050Colorado Court of Appeals. Decided December 26, 1975. In making determination of property settlement in dissolution of marriage action, the trial court included the husband’s contributions to the Public Employees Retirement Fund as marital property, and the husband appealed. […]

(271 P.2d 1051) SCHAUER v. GLEASON, EXECUTRIX. No. 17,340.Supreme Court of Colorado. Decided June 21, 1954. An action on an open book account. Judgment for plaintiff. PER CURIAM. Judgment affirmed en banc without written opinion. Error to the County Court of Larimer County, Hon. J. Robert Miller, Judge. Mr. CHESTER A. BENNETT, for plaintiff in […]

The People of the State of Colorado v. Robert Joseph Stinson a/k/a Robert J. Steinman No. 79CA1051Colorado Court of Appeals. Decided May 7, 1981. Rehearing denied June 11, 1981. Certiorari denied August 10, 1981. Appeal from the District Court of Jefferson County, Honorable Anthony F. Vollack, Judge. Page 632 J. D. MacFarlane, Attorney General, Richard […]

The People of the State of Colorado, Plaintiff-Appellee, v. Kenneth Shepard, Defendant-Appellant. No. 97CA2274Colorado Court of Appeals. March 4, 1999 Rehearing Denied April 15, 1999. Certiorari Denied November 8, 1999. Appeal from the District Court of the City and County of Denver, Honorable Morris B. Hoffman, Judge, Nos. 97CR869 97CR870 JUDGMENT AFFIRMED, ORDER VACATED, AND […]

A.D. Store Company, Inc., a Colorado corporation, d/b/a Auer’s, Plaintiff-Appellant, v. Executive Director of the Department of Revenue of the State of Colorado, Defendant-Appellee. No. 98CA1455Colorado Court of Appeals. Division I September 30, 1999 Certiorari Granted May 15, 2000. Page 1242 Appeal from the District Court of the City and County of Denver, Honorable J. […]

17 P.2d 305 SNOWDEN v. TAGGART. No. 12,801.Supreme Court of Colorado. Decided November 14, 1932. Rehearing denied December 29, 1932. Action for damages for false representations in the sale of corporate bonds. Judgment of dismissal. Reversed. 1. NONSUIT — Evidence. Where plaintiff makes a prima facie case, it is improper to grant a nonsuit. 2. […]

(488 P.2d 1101) Margaret Daugaard v. The People of the State of Colorado, In the Interest of Miquela Reina Daugaard, a Child, and Concerning Margaret Daugaard, Respondent, and Upon the Petition of Donald C. Kellogg. No. 24690.Supreme Court of Colorado. Decided September 27, 1971. From judgment decreeing child of natural mother to be dependent and […]

Ruby A. Sanchez, individually and as parent and next friend of Brittany Sanchez, Plaintiff-Appellee, v. American Standard Insurance Company of Wisconsin, Defendant-Appellant. No. 02CA1378.Colorado Court of Appeals. October 9, 2003. Certiorari Denied April 26, 2004. City and County of Denver District Court No. 01CV3426; Honorable Frank A. Martinez, Judge. JUDGMENT REVERSED AND CASE REMANDED WITH […]

The People of the State of Colorado, Plaintiff-Appellee, v. Sharon Celia Hanna, Defendant-Appellant. No. 97CA1076Colorado Court of Appeals. October 15, 1998 Rehearing Denied November 13, 1998. Certiorari Denied August 16, 1999.[*] [*] Justice SCOTT does not participate. Appeal from the District Court of Jefferson County, Honorable Leland P. Anderson, Judge Judge, No. 96CR1657. JUDGMENT AFFIRMED. […]

SL Group, LLC, Appellant, v. Go West Industries, Inc., Appellee, and Wayne Schieldt, Division Engineer, Appellee Pursuant To C.A.R. 1(e). No. 00SA398Supreme Court of Colorado. March 11, 2002 Appeal From The District Court, Water Division 4, 98CW23, Honorable J. Steven Patrick, Judge ORDER REVERSED Page 638 No. 00SA398, SL Group, LLC v. Go West Industries, […]

Paine, Webber, Jackson Curtis, Inc., a corporation, and Sueann A. Ocrant, Personal Representative of the Estate of Lawrence Ocrant, Petitioners, v. Caryl Adams, Individually and as Trustee of the V.M. Johnson 1962 Trust, Respondent. No. 84SC58Supreme Court of Colorado. Decided May 12, 1986. Certiorari to the Colorado Court of Appeals Page 509 Fairfield and Woods, […]

In re the Estate of Helen E. Walker, Deceased. Roy Henry Fuller, Appellant, v. Robert E. Russell Eastern Star Home of Colorado, Inc., and St. Paul’s Lutheran Church, Appellees. No. 91CA0894Colorado Court of Appeals. Decided July 30, 1992. Rehearing Denied September 24, 1992. Certiorari Denied March 15, 1993 (92SC668). Appeal from the Probate Court of […]

(463 P.2d 305) John P. Barlow, Gerald Theo Barlow, Edith J. Williamson, Violet E. Stride, Percy M. Barlow and Lynn S. Barlow v. Arthur E. Barlow, Robert L. Barlow, as Administrator of the Estate of Arthur N. Barlow, Deceased. No. 22474.Supreme Court of Colorado. Decided December 22, 1969. From a determination of the probate court […]

(423 P.2d 574) Stanley Lassak v. The City Council of the City of Arvada, Byron A. Anderson, Secretary of State of Colorado, and Howard Ainbinder, doing business as Arvada Plaza Liquor Store. No. 21686.Supreme Court of Colorado. Decided February 6, 1967. Rehearing denied February 27, 1967. From a judgment of the district court affirming an […]

Billie SYFRETT, Plaintiff-Appellee, v. Daniel E. PULLEN, Defendant-Appellant. No. 08CA0243.Colorado Court of Appeals. December 24, 2008. Certiorari Denied June 8, 2009. Appeal from the District Court, Jefferson County, Margie L. Enquist, J. Page 1168 Beck, Johnson Nolan, P.C., Thomas A. Nolan, Golden, Colorado, for Plaintiff-Appellee. Riggs, Abney, Neal, Turpen, Orbison Lewis, Steven Janiszewski, Denver, Colorado, […]

(461 P.2d 444) Kenneth E. Kirk and Betty M. Kirk v. Bud Himes and Peggy Himes, Individually and Doing Business as Himes Drilling Co. No. 22548.Supreme Court of Colorado. Decided November 24, 1969. Rehearing denied December 15, 1969. Action against driver of automobile and driver’s husband by plaintiffs as surviving parents of eight-year-old infant who […]

The People of the State of Colorado, Plaintiff-Appellee, v. James E. Gillispie, Defendant-Appellant. No. 87CA0642Colorado Court of Appeals. Decided October 13, 1988. Rehearing Denied November 10, 1988. Certiorari Denied January 23, 1989 (88SC572). Appeal from the District Court of the City and County of Denver Honorable John Brooks, Jr., Judge Page 779 Duane Woodard, Attorney […]

(482 P.2d 999) Bill Dreiling Motor Company, a Colorado corporation v. The Travelers Indemnity Company, a corporation No. 70-529 (Supreme Court No. 23885)Colorado Court of Appeals. Decided January 26, 1971. Rehearing denied February 16, 1971. Certiorari denied April 12, 1971. Action for conversion of automobile by insurer who had paid owner under theft coverage of […]

490 P.2d 706 The People of the State of Colorado In the Interest of E.F.C., J.L.C, T.L.C., and Concerning L.C No. 71-084Colorado Court of Appeals. Decided November 9, 1971. At dependency and neglect proceeding, father’s counsel, in opening statement, admitted that father had ceased making child support payments. Trial court directed jury verdict against father. […]

The People of the State of Colorado, Petitioner, v. Sammy Naranjo, Respondent. No. 91SC473Supreme Court of Colorado. Decided October 26, 1992. Rehearing Denied November 16, 1992. Certiorari to the Colorado Court of Appeals Page 320 Stuart A. Van Meveren, District Attorney, Eighth Judicial District, Loren B. Schall, Assistant District Attorney, Eighth Judicial District, for Petitioner. […]

62 P.2d 471 PEOPLE v. SPINUZZA. No. 13,858.Supreme Court of Colorado. Decided November 9, 1936. A criminal case presented for review by the people, error being assigned to the giving of an instruction by the trial court on the question of value of stolen property received by defendant. Judgment Disapproved. 1. CRIMINAL LAW — Receiving […]

The People of the State of Colorado, Plaintiff-Appellee, v. Alexander Stanley, Defendant-Appellant. No. 00CA1164Colorado Court of Appeals. September 12, 2002 Arapahoe County District Court No. 98CR2887; Honorable Philip F. Roan, Judge JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Page 1242 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

The People of the State of Colorado, Plaintiff-Appellee, v. Dewitt Forsyth, Defendant-Appellant. No. 81CA0016Colorado Court of Appeals. Decided June 24, 1982. Rehearing denied July 22, 1982. Certiorari denied November 1, 1982. Appeal from the District Court of the City and County of Denver, Honorable Alvin D. Lichtenstein, Judge. Page 418 J.D. MacFarlane, Attorney General, Richard […]

(531 P.2d 386) The People of the State of Colorado v. John Joseph Becker No. 26126Supreme Court of Colorado. Decided February 3, 1975. Defendant was convicted of second-degree burglary and appealed. Affirmed 1. CRIMINAL EVIDENCE — Intent — Proof — Inferred — Circumstances. Intent does not have to be proven by direct, substantive evidence but […]

Jon Appling; Jeff Davis; Pat H. Appling; and Colokan, Inc., a Kansas corporation authorized to do business in the State of Colorado, Plaintiffs-Appellants, v. The Federal Land Bank of Wichita; Barth Farms, Inc.; David R. Heck; Linda L. Heck; William D. Shea; Robert T. Goodwin; Michigan Wisconsin Pipe Line Company; ANR Production Company; Calvin James […]

(508 P.2d 796) Charles H. Rockey v. School District #11, in El Paso County No. 72-161Colorado Court of Appeals. Decided April 10, 1973. Relying on terms of collective bargaining agreement, school teacher sought injunction against school district requiring it to give him priority for a teaching position. From dismissal of plaintiff’s complaint on grounds that […]

(532 P.2d 971) Doyle T. Johns, Jr., District Attorney for the Thirteenth Judicial District, State of Colorado v. Robert A. Powell, William C. McCoy and Raymond Jones, individually and as a Board of County Commissioners of the County of Yuma, State of Colorado No. 74-055Colorado Court of Appeals. Decided December 17, 1974. Rehearing denied January […]

175 P.2d 982 MILLAGE ET AL. v. SPAHN ET AL. No. 15,496.Supreme Court of Colorado. Decided November 25, 1946. Rehearing denied December 23, 1946. An action involving the right to “away-going” crops grown on leased premises. Judgment of dismissal. Reversed. 1. LANDLORD AND TENANT — “Away-going” Crops. Under applicable Colorado statutes a tenant from year […]

The People of the State of Colorado, Plaintiff-Appellant, v. Jerald Randall Baker and Michelle Griffis, Defendants-Appellees. No. 91SA115Supreme Court of Colorado. Decided July 15, 1991. Interlocutory Appeal from the District Court, El Paso County Honorable Michael Heydt, Judge Page 332 John Suthers, District Attorney, Edward S. Colt, Deputy District Attorney, for Plaintiff-Appellant. David F. Vela, […]

Frankie Williams-Diehl, Plaintiff-Appellant, v. State Farm Fire and Casualty Company, Defendant-Appellant. No. 88CA0888Colorado Court of Appeals. Decided September 21, 1989. Rehearing Denied November 16, 1989. Certiorari Denied June 18, 1990 (89SC671). Appeal from the District Court of El Paso County Honorable Matt M. Railey, Judge Page 588 Bailey-Robinson, P.C., David R. Bailey, for Plaintiff-Appellant. Retherford, […]

Patricia Dalton, Plaintiff-Appellant, v. Frederick M. Miller, Defendant-Appellee. No. 97CA2186Colorado Court of Appeals. Division A. April 29, 1999 Rehearing Denied June 10, 1999. Certiorari Pending July 8, 1999. Appeal from the District Court of the City and County of Denver, Honorable R. Michael Mullins, Judge, No. 95CV2049. JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND […]

Property Tax Administrator, Petitioner, v. Production Geophysical Services, Inc., and Board of Assessment Appeals, Respondents. Property Tax Administrator, Petitioner, v. Kantara, Inc. and Board of Assessment Appeals, Respondents. Property Tax Administrator, Petitioner, v. Comet Gas Company, Inc., and Board of Assessment Appeals, Respondents. No. 92SC353 No. 92SC475 No. 92SC679Supreme Court of Colorado. Decided September 27, […]

37 P.2d 530 PROTECTIVE FINANCE CORPORATION v. NATIONAL SURETY COMPANY. No. 13,040.Supreme Court of Colorado. Decided October 29, 1934. Action on indemnity bond. Judgment for defendant. Affirmed. 1. INDEMNITY — Bond — Principal and Agent. In an action on an indemnity bond, in appraising the rights and obligations of the parties thereunder, only the bond […]

13 P.2d 264 HEDGCOCK, BUILDING INSPECTOR v. PEOPLE EX REL. REED. No. 12,630.Supreme Court of Colorado. Decided June 27, 1932. Action in mandamus to compel the issuance of a building permit. Judgment for plaintiff. Affirmed. 1. MUNICIPAL CORPORATIONS — Zoning Ordinance — Individual Rights. A municipality may, by ordinance, require the owner of property to […]

The PEOPLE of the State of Colorado, Plaintiff-Appellant v. Richard MARTINEZ, Defendant-Appellee. No. 08SA317.Supreme Court of Colorado. January 20, 2009. Appeal from the District Court, Pueblo County, Thomas B. Flesher, J. Page 1054 Bill Thiebaut, District Attorney, Tenth Judicial District, Richard W. Dickerson, Deputy District Attorney, Pueblo, Colorado, Attorneys for Plaintiff-Appellant. Daniel R. Casias, Pueblo, […]

Claire L. Kroulik, Executor of the Estate of Charles W. Kroulik, and Claire L. Kroulik v. Raymond F. Knuppel, Jr., and Burnett Construction Company No. 81CA0001Colorado Court of Appeals. Decided September 10, 1981. Appeal from the District Court of La Plata County, Honorable Fredrick B. Emigh, Judge. Page 1028 Douglas S. Walker, for plaintiffs-appellees. McDaniel […]

(334 P.2d 1077) SARA MILDRED RADKE, ET AL. v. UNION PACIFIC RAILROAD COMPANY. No. 18,254.Supreme Court of Colorado. Decided October 27, 1958. Opinion modified and rehearing denied January 26, 1959. Action to remove cloud from title. Judgment for defendant. Reversed. 1. VENDOR AND PURCHASER — Deed — Mineral Rights — Reservation. A deed providing that […]

Renita D. Bell, Petitioner, v. Industrial Claim Appeals Office of the State of Colorado and Regional Transportation District, Respondents. No. 03CA1161.Colorado Court of Appeals. April 22, 2004. As Modified on Denial of Rehearing May 20, 2004. Industrial Claim Appeals Office of the State of Colorado, DD No. 25527-2002. Opinion Modified, and As Modified, Petition for […]

The People of the State of Colorado, Plaintiff-Appellee, v. Thomas Eugene Payseno, Defendant-Appellant. No. 96CA1611Colorado Court of Appeals. October 16, 1997 Petition for Rehearing DENIED Petition for Writ of Certiorari DENIED May 11, 1998. Appeal from the District Court of Arapahoe County Honorable Jack F. Smith, Judge No. 81CR444 JUDGMENT AFFIRMED Page 632 Gale A. […]

The People of the State of Colorado, Complainant, v. Doug Vincent, Respondent. No. GC 97A-113.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. February 18, 1999. Page 141 FINDING OF FACTS, CONCLUSIONS OF LAW AND IMPOSITION OF SANCTION [1] This matter was heard on January 12, 1999, before the Presiding Disciplinary Judge […]

249 P.2d 539 DOWNING ET AL. v. COPELAND ET AL. No. 16,689.Supreme Court of Colorado. Decided October 14, 1952. An action to enjoin defendants from interfering with plaintiffs’ use of an irrigation ditch and water. Judgment for defendants. Reversed. 1. WATER RIGHTS — Ditches — Change of point of Diversion. The point of diversion of […]