Category: Colorado Court Opinions

(408 P.2d 436) The Ruberoid Co., Et Al. v. North Pecos Water and Sanitation District, Et Al. No. 21309Supreme Court of Colorado. Decided December 6, 1965. From denial of their petitions for exclusion from water and sanitation district, plaintiff-landowners brought error. Affirmed. 1. WATER AND SANITATION DISTRICTS — Benefit — Community. Water and sanitation district […]

(438 P.2d 506) The Colorado National Bank of Denver, Successor Trustee v. F. E. Biegert Co., Inc., of Denver, Colorado; John T. Faulkner; Frank’s Excavating, Inc., a Colorado corporation; Frigidaire Sales Corporation; Gates Forming Accessories, Inc.; Robert Guildner individually and d/b/a Bob Guildner Plumbing Heating; Jefferson Transit Mix Company; C. E. Kentz Construction Co., a […]

In the matter of the claim of: Michael Raisch, Petitioner, v. Industrial Commission of Colorado, and United Airlines, and Division of Labor, Respondents. No. 83CA1128Colorado Court of Appeals. Decided July 26, 1984. Rehearing Denied September 6, 1984. Review of Order from the Industrial Commission of the State of Colorado Richard T. Goold for Petitioner. Zarlengo, […]

Daniel Franklin, Plaintiff-Appellee, v. Colorado Department of Revenue, Motor Vehicle Division, Defendant-Appellant. No. 85CA1391Colorado Court of Appeals. Decided September 25, 1986. Appeal from the District Court of Boulder County Honorable Morris W. Sandstead, Jr., Judge Page 392 Harold M. Fielden, for Plaintiff-Appellee. Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. […]

(522 P.2d 719) The People of the State of Colorado v. Howard Ray Key No. 25778Supreme Court of Colorado. Decided May 6, 1974. Rehearing denied June 17, 1974. Defendant was convicted of burglary and arson and appealed. Affirmed 1. WITNESSES — Cross-Examination — Liberally Extended — Thorough Inquiry. Cross-examination should not be unduly restricted, but, […]

The People of the State of Colorado, Plaintiff-Appellant, v. Herbert Dale Lindsey, Defendant-Appellee. No. 82SA536Supreme Court of Colorado. Decided March 14, 1983. Page 503 Interlocutory Appeal from the District Court of El Paso County, Honorable George M. Gibson, Judge. Robert L. Russel, District Attorney, Daniel C. Zook, Deputy District Attorney, for plaintiff-appellant. David F. Vela, […]

137 P.2d 408 ESTATE OF WARR. ROGERS v. GREEN ET AL. No. 15,041.Supreme Court of Colorado. Decided May 3, 1943. A suit for the determination of heirship. Cousins of the deceased person adjudged to be her heirs. An adopted child of the brother of deceased who would have been her sole surviving heir had he […]

The People of the State of Colorado, Plaintiff-Appellee, v. Steve Little, Defendant-Appellant. No. 89CA1386Colorado Court of Appeals. Decided March 14, 1991. Rehearing Denied April 18, 1991. Certiorari Denied July 29, 1991 (91SC289). Appeal from the District Court of Routt County Honorable Rebecca Love Kourlis, Judge Honorable John W. Coughlin, Judge Duane Woodard, Attorney General, Charles […]

150 P.2d 798 DENVER TRAMWAY CORPORATION v. CALLAHAN. No. 15,101.Supreme Court of Colorado. Decided June 19, 1944. Rehearing denied July 24, 1944. An action for damages for death of plaintiff’s son. Judgment for plaintiff. Reversed. 1. NEGLIGENCE — Attractive Nuisance — Streams and Ponds. Streams and other bodies of water in their natural state, while […]

Margaret O’Neill, Plaintiff-Appellant, v. Department of Revenue, Treasury Division, City and County of Denver; Career Service Board, Defendant-Appellee, and Paul Brownridge, individually and in his official capacity as Deputy Manager of Revenue for Treasury Operations of the City and County of Denver, Defendant. No. 86CA0269Colorado Court of Appeals. Decided June 2, 1988. Rehearing Denied June […]

SecurityLink from Ameritech, Inc., Petitioner-Appellee, and The Colorado State Board of Assessment Appeals, Appellee, and Mary E. Huddleston, Property Tax Administrator, Intervenor-Appellee, v. The City and County of Denver, a municipal corporation, and the Denver County Board of Equalization, Respondents-Appellants. No. 99CA0951Colorado Court of Appeals. June 8, 2000 Certiorari Denied October 15, 2001. Appeal from […]

(352 P.2d 281) ARLO PETERSON v. RAY SHAFFER. No. 18,486.Supreme Court of Colorado. Decided May 23, 1960. Action to recover proceeds of share of crop on leased land. Judgment for defendant. Affirmed. 1. LANDLORD AND TENANT — Lease — Farmland — Crop — Expense — Instructions. Where landlord advanced money to plant and harvest crop […]

The People of the State of Colorado, Plaintiff-Appellee, v. Dan Harry Benney, Defendant-Appellant. No. 85CA0166Colorado Court of Appeals. Decided December 3, 1987. Rehearing Denied January 14, 1988. Certiorari Denied July 5, 1988 (88SC58). Appeal from the District Court of El Paso County Honorable Richard V. Hall, Judge Page 1079 Duane Woodard, Attorney General, Charles B. […]

111 P.2d 903 MILLER v. STONER ET AL. No. 14,550.Supreme Court of Colorado. Decided March 17, 1941. Action to remove a cloud from the title to mining property. Judgment of dismissal. Reversed. 1. ACTIONS — Real Property — Removing Cloud from Title — Pleading — Possession. In an equitable action to remove a cloud on […]

(359 P.2d 656) STAN RIGHI v. THE PEOPLE OF THE STATE OF COLORADO. No. 19,444.Supreme Court of Colorado. Decided February 20, 1961. Defendant was convicted of driving an automobile while under the influence of intoxicating liquor and other offenses and brings error. Affirmed in Part, Reversed in Part. 1. CRIMINAL LAW — Sentence — Increase […]

(358 P.2d 1) THOMAS J. SMITH, MINOR, ETC., ET AL. v. JAMES J. McCABE. No. 19,127.Supreme Court of Colorado. Decided December 23, 1960. Action by student for damages resulting from discharge of gun by fellow student. Judgment for defendants. Affirmed. 1. NEGLIGENCE — Firearms — Russian Roulette — Contributory Negligence — Instructions. In an action […]

The People of the State of Colorado, Complainant, v. Thomas J. Aron, III, Attorney-Respondent. No. 98SA115Supreme Court of Colorado. En Banc. July 6, 1998 Original Proceeding in Discipline ATTORNEY SUSPENDED Page 262 Linda Donnelly, Disciplinary Counsel, James C. Coyle, Assistant Disciplinary Counsel Denver, Colorado, Attorneys for Complainant. Thomas J. Aron, III, Pro Se, Estes Park, […]

Marc P. MISHKIN, Petitioner, v. Dean YOUNG, Respondent. No. 03SC848.Supreme Court of Colorado. En Banc. February 28, 2005. Appeal from the District Court, City and County Court of Denver, Morris B. Hoffman, J. Page 394 Fasing Law Firm, P.C., Gregory J. Fasing, Denver, for Petitioner. Dean D. Young, Pro Se, Denver, for Respondent. Colorado Legal […]

(524 P.2d 607) The People of the State of Colorado v. Ted Michael Smith No. 25822Supreme Court of Colorado. Decided July 15, 1974. Rehearing denied August 6, 1974. Defendant, a policeman, was convicted of vehicular homicide and appealed. Reversed and Remanded For New Trial 1. JURY — Vehicular Homicide — Testimony — Acquittal — Free […]

98 P.2d 283 DENVER JOINT STOCK LAND BANK v. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ELBERT ET AL. No. 14,520.Supreme Court of Colorado. Decided January 8, 1940. A proceeding to condemn land for public highway purposes. Judgment was awarded in an amount which respondents deemed insufficient. Reversed. 1. EMINENT DOMAIN — Purpose of […]

(348 P.2d 367) THOMAS F. KENNY v. THE STATE CIVIL SERVICE COMMISSION OF THE STATE OF COLORADO, ET AL. No. 18,430.Supreme Court of Colorado. Decided January 18, 1960. Proceeding to review action of Civil Service Commission in removing plaintiff’s name from classified list. Judgment for defendants. Affirmed 1. CIVIL SERVICE — Classified List — Assignment […]

Timothy Black, by and through Georgann Bayless, as next friend, Plaintiff-Appellant, v. Steve Cullar, Defendant-Appellee. No. 82CA0523Colorado Court of Appeals. Decided April 28, 1983. Appeal from the District Court of Gilpin County Honorable Winston W. Wolvington, Judge Page 1030 Thomas D. McFarland, for plaintiff-appellant. Richard M. Huckeby, for defendant-appellee. Division I. Opinion by JUDGE VAN […]

(387 P.2d 29) THE CITY OF LITTLETON, ET AL., v. CARROL QUELLAND, ET AL. No. 20,121.Supreme Court of Colorado. Decided November 26, 1963. Rehearing denied December 16, 1963. From a judgment holding zoning ordinance to be void, the city and others bring error. Reversed. 1. ZONING — Ordinance — Boulevard — Grades of Zoning — […]

U.S. FAX LAW CENTER, INC., Plaintiff-Appellant, v. MYRON CORPORATION, Defendant-Appellee. No. 05CA1426.Colorado Court of Appeals. November 2, 2006. Appeal from the District Court, Arapahoe County, No. 04CV684, William B. Sylvester, J. The Law Offices of Andrew L. Quiat, P.C., Andrew L. Quiat, Centennial, Colorado; The Demirali Law Firm, P.C., A.M. Demirali, Denver, Colorado; Law Offices […]

(536 P.2d 38) The People of the State of Colorado v. Bobby Drumright No. 26073Supreme Court of Colorado. Decided June 2, 1975. Defendant was convicted of the theft of a mobile home trailer valued in excess of $100 and on appeal his conviction was affirmed. After affirmance defendant filed a motion for new trial predicated […]

Trailer Haven MHP, LLC, a Colorado corporation, Plaintiff-Appellant, v. City of Aurora, Colorado, Defendant-Appellee. No. 02CA1969Colorado Court of Appeals. November 6, 2003 Arapahoe County District Court No. 98CV2101; Honorable Timothy L. Fasing, Judge. JUDGMENT AFFIRMED. Page 1133 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

(559 P.2d 228) The People of the State of Colorado v. Rubel Martinez No. 27072Supreme Court of Colorado. Decided January 31, 1977. Opinion modified and as modified rehearing denied February 14, 1977. Defendant was convicted of unlawful possession of a narcotic drug, heroin, and was sentenced to the state penitentiary for a term of not […]

Jaraine LATTANY, Plaintiff, and City and County of Denver, Intervenor-Appellant, v. Tysen GARCIA and Sheila Cole, Defendants-Appellees. No. 04CA1768.Colorado Court of Appeals. June 15, 2006. Appeal from the District Court, City and County of Denver, Martin F. Egelhoff, J. Cole Finegan, City Attorney, Stan M. Sharoff, Assistant City Attorney, Denver, Colorado, for Intervenor-Appellant. No Appearance […]

(516 P.2d 623) State Automobile and Casualty Underwriters, a corporation, and Insurance Company of North America, a corporation v. Holly F. Beeson, a Minor, by her father, next friend and guardian, Ernest A. Beeson and State Farm Mutual Automobile Insurance Company, a corporation; and Allstate Insurance Company, a corporation Nos. C-361, C-362, C-363Supreme Court of […]

(608 P.2d 845) Greensway Development Company, Pinehurst Country Club, Wade L. Fenton, Helen M. Fenton, Herbert R. Becker, Beverly J. Becker, and Gary A. Oakley v. Academy Park Ltd., The Gerri Company, Lorretto Literary and Benevolent Institution, Martin Marietta Corporation, The Mountain States Telephone and Telegraph Company, Whitney Newton II, V.N.J. Corporation, I.D.S. Realty Trust, […]

(500 P.2d 977) The People of the State of Colorado v. Stanley Robert McGahey and Joseph Martin Vanackeren No. 25614Supreme Court of Colorado. Decided September 11, 1972. Interlocutory appeal by district attorney from order of trial court Page 402 granting defendants’ motion to suppress as evidence against defendants (a) a narcotic drug and (b) statements […]

The PEOPLE of the State of Colorado, Petitioner v. Joshua M. AARNESS, Respondent. No. 05SC237.Supreme Court of Colorado. October 23, 2006. As Modified on Denial of Rehearing January 16, 2007.[*] [*] Justice Eid does not participate. Appeal from the District Court, Mesa County, Charles A. Buss, J. Page 1272 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

(556 P.2d 1228) The People of the State of Colorado v. Bernard A. Erthal No. 75-465Colorado Court of Appeals. Decided September 16, 1976. Rehearing denied October 7, 1976. Certiorari granted December 13, 1976. Defendant was charged with burglary and felony theft. From subsequent conviction, defendant appealed on grounds that trial court erred in failing to […]

(348 P.2d 954) COLORADO RACING COMMISSION, ET AL. v. COLUMBINE KENNEL CLUB, INC. No. 19,014.Supreme Court of Colorado. Decided February 1, 1960. Certiorari to review decision of Racing Commission denying application for license to operate dog racing track. Judgment for plaintiff. Reversed. 1. ADMINISTRATIVE LAW — Racing Commission — Licenses — Discretion — Statute. The […]

The People of the State of Colorado, Petitioner, v. Ted Fay Bean, Respondent. No. 80SC254Supreme Court of Colorado. Decided September 7, 1982. Rehearing denied September 27, 1982. Certiorari to the Colorado Court of Appeals Page 566 J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy Attorney General, Mary J. Mullarkey, Solicitor General, Anthony Marquez, Assistant […]

(592 P.2d 1352) Norbert K. Monatt v. Pioneer Astro Industries, Inc., an Illinois corporation and Malcolm Arnsteen, individually No. 78-475Colorado Court of Appeals. Decided March 15, 1979. Defendant appealed denial of its motion to stay judicial proceedings and for an order compelling arbitration. Dismissed 1. ARBITRATION AND AWARD — Motion — Compel Arbitration — Denied […]

Interbank Investments, LLC, Plaintiff-Appellee, v. Eagle River Water and Sanitation District, f/k/a Vail Valley Consolidated Water District, Defendant-Appellant. No. 02CA0556Colorado Court of Appeals. March 27, 2003. Certiorari Denied October 6, 2003. Eagle County District Court No. 96CV388; Honorable Richard H. Hart, Judge JUDGMENT REVERSED Division III Davidson and Roy, JJ., concur Page 815 Lottner Rubin […]

(514 P.2d 626) Joe G. Romero v. The Denver and Rio Grande Western Railway Company, a Delaware corporation No. C-248Supreme Court of Colorado. Decided October 1, 1973. Personal injury action by automobile owner and passenger against defendant-railroad arising out of railroad crossing collision between automobile and 54-car freight train. Trial court entered verdict in favor […]

Connecticut General Life Insurance Company, a Connecticut corporation, Plaintiff-Appellant, v. A.A.A. Waterproofing, Inc., a Colorado corporation; AHW Engineering Company; Alpen Construction and Development Company, Inc., a Colorado corporation; Alpine Heating Air Conditioning, Inc., a Colorado corporation; BSW Architects; Bathrick and Company, a Colorado corporation; Cameron Roofing; Chen Associates, Inc; Dan’s Concrete; The Electri-Serve Corporation, a […]

102 P.2d 479 ALDEN ET AL. v. WATSON. ALDEN ET AL. v. BERG. ALDEN ET AL. v. STENBORN. Nos. 14,553. 14,554. 14,555.Supreme Court of Colorado. Decided April 22, 1940. Actions for damages for personal injuries resulting from an automobile collision. Judgments for plaintiffs. Affirmed. 1. AUTOMOBILES — Collisions — Evidence. So frequently do unlooked-for results […]

The People of the State of Colorado, Plaintiff-Appellee, v. Phillip J. Priester, Defendant-Appellant. No. 98CA1650Colorado Court of Appeals. January 20, 2000 Appeal from the District Court of El Paso County, Honorable Steven T. Pelican, Judge, Nos. 93CR3704 94CR1973 ORDER AFFIRMED Page 767 Ken Salazar, Attorney General, Barbara McDonnell, Chief Deputy Attorney General, Michael E. McLachlan, […]

The People of the State of Colorado, Plaintiff-Appellee, v. Javier Cullermo Ornelas, Defendant-Appellant. No. 95CA0224Colorado Court of Appeals. September 26, 1996 Petition for Rehearing DENIED October 31, 1996 Certiorari Denied May 27, 1997 Appeal from the District Court of Adams County Honorable Thomas R. Ensor, Judge, No. 90CR1190. JUDGMENT AFFIRMED. Page 868 [EDITORS’ NOTE: THIS […]

Ruth Michaelson, Plaintiff-Appellee and Cross-Appellant, v. Ervin I. Michaelson, Defendant-Appellant and Cross-Appellee. No. 92CA0052Colorado Court of Appeals. Decided December 7, 1995 Opinion Modified, and As Modified, petition for Rehearing of Defendant-Appellant and Cross-Appellee DENIED February 8, 1996 Petition for Rehearing of Plaintiff-Appellee and Cross-Appellant DENIED February 8, 1996 Petition for Writ of Certiorari GRANTED. Cross-Petition […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Alex GURULE, Defendant-Appellant. No. 07CA0835.Colorado Court of Appeals. November 1, 2007. Rehearing Denied December 13, 2007. Appeal from the District Court, Adams County, C. Scott Crabtree, J. John W. Suthers, Attorney General, Katherine A. Hansen, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee. Douglas K. Wilson, Colorado […]

180 P.2d 1017 MAYER v. THE PEOPLE. No. 15,801.Supreme Court of Colorado. Decided April 28, 1947. Rehearing denied May 19, 1947. Plaintiff in error was convicted of assault to commit rape, and kidnapping. Affirmed. 1. CRIMINAL LAW — Rape — Kidnapping — Evidence. In a criminal prosecution for assault with intent to commit rape, and […]

(230 P.2d 168) SAFEWAY STORES, INC. ET AL. v. NEWMAN ET AL. No. 16,621.Supreme Court of Colorado. Decided March 12, 1951. Rehearing denied April 16, 1951. A proceeding under the Workmen’s Compensation Act. Judgment for claimant. Affirmed. 1. WORKMEN’S COMPENSATION — Claims. An employee is not bound by an original claim for compensation for an […]

(368 P.2d 422) JOHN ARCHULETA v. THE PEOPLE OF THE STATE OF COLORADO. No. 19,941.Supreme Court of Colorado. Decided February 5, 1962. Defendant was convicted of larceny and conspiracy to commit larceny from the person, and beings error. Reversed. 1. CRIMINAL LAW — Larceny from the Person — Evidence — Sufficiency. Where testimony of prosecuting […]

(484 P.2d 1204) Consuelo Regina Vela, Charles A. Gonzales, Victoria Perez, Milford Eugene Hart, Paul J. Hurtado, and Jose Anthony Soliz v. The People of the State of Colorado. No. C-45.Supreme Court of Colorado. Decided May 10, 1971. Petitioners seek review of an order of the district court affirming their conviction for disturbance. Affirmed. 1. […]

Haselden-Langley Constructors, Inc., Plaintiff-Appellee and Cross-Appellant, v. D.E. Farr Associates, Inc., Defendant-Appellant and Cross-Appellee. No. 81CA0006Colorado Court of Appeals. Decided June 9, 1983. Rehearing Denied July 14, 1983. Certiorari Denied January 16, 1984. Appeal from the District Court of the City and County of Denver Honorable Gilbert A. Alexander, Judge Page 710 Hall Evans, Jeffrey […]

154 P.2d 1006 MARTIN v. THE PEOPLE. No. 15,511.Supreme Court of Colorado. Decided December 18, 1944. Plaintiff in error was convicted of impersonating an officer. Affirmed. On Application for Supersedeas. 1. CRIMINAL LAW — Impersonating an Officer — Statutory Construction. In construing legislative enactments, absurdities will not be presumed. 2. Impersonating an Officer — Evidence. […]

Ronald Grogan and The State of Colorado, Plaintiffs-Appellants and Cross-Appellees, v. Lorelei A. Taylor d/b/a Rocky Mountain Plateau, Defendant-Appellee and Cross-Appellant. No. 92CA1298Colorado Court of Appeals. Decided December 16, 1993. Opinion Modified, and as Modified Petition for Rehearing DENIED February 10, 1994. Certiorari Denied August 8, 1994. Cross-Petition for Certiorari Granted August 8, 1994. Appeal […]

Forma Scientific, Inc., Petitioner, v. Biosera, Inc., a Colorado corporation, Respondent. No. 96SC860Supreme Court of Colorado. June 1, 1998 Appeal from the District Court, City and County of Denver, Honorable Edward A. Simons, Judge. JUDGMENT AFFIRMED Page 109 William H. ReMine, P.C., William H. ReMine, III, Denver, Colorado, Montgomery Little McGrew, P.C., John R. Riley, […]

The People of the State of Colorado, Petitioner, v. Eric Anthony Gallegos, Respondent. No. 96SC373Supreme Court of Colorado. September 22, 1997 Petition for Rehearing DENIED October 27, 1997 Certiorari to the Colorado Court of Appeals JUDGMENT REVERSED AND CASE REMANDED Page 947 Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard […]

The People of the State of Colorado, Plaintiff-Appellant, v. Daniel A. Ramos, Defendant-Appellee. and The People of the State of Colorado, Plaintiff-Appellee, v. Daniel A. Ramos, Defendant-Appellant. No. 83SA272 No. 83SA517Supreme Court of Colorado. Decided November 12, 1985. Rehearing Denied December 9, 1985. Appeal from the District Court, Fremont County Honorable John E. Anderson III, […]

(399 P.2d 776) ROBERT THOMPSON v. THE PEOPLE OF THE STATE OF COLORADO. No. 20399.Supreme Court of Colorado. Decided March 8, 1965. Defendant was convicted of first degree rape and brought error. Reversed and Remanded. 1. CRIMINAL LAW — Appeal and Error — Court Order — Appellate Court — Affidavit — Heard Order Made — […]

24 P.2d 1117 COLORADO FUEL AND IRON COMPANY v. INDUSTRIAL COMMISSION ET AL. No. 13,234.Supreme Court of Colorado. Decided August 7, 1933. Proceeding under the Workmen’s Compensation Act. Judgment of the district court affirming supplemental award made by Industrial Commission to claimant. Reversed. 1. WORKMEN’S COMPENSATION — Husband and Wife — Domicile — Compensation. In […]

205 P.2d 796 LOCAL UNION No. 720, INTERNATIONAL HOD CARRIERS’ BUILDING AND COMMON LABORERS’ UNION OF AMERICA v. BEDNASEK ET AL. No. 16,018.Supreme Court of Colorado. Decided April 25, 1949. An action by a trade union to recover money allegedly wrongfully withdrawn from union funds by defendants. The trial court entered judgment against one defendant, […]

The People of the State of Colorado v. Richard Anderson No. 80SA79Supreme Court of Colorado. Decided November 30, 1981. Appeal from the District Court of Boulder County, Honorable Rex H. Scott, Judge. Page 355 Alexander M. Hunter, District Attorney, C. Phillip Miller, Chief Deputy, for plaintiff-appellant. Hemminger Whittaker, Gary H. Hemminger, for defendant-appellee. En Banc. […]

(289 P.2d 639) OMIE HAMILTON, AS GUARDIAN, ETC. v. INDUSTRIAL COMMISSION, ET AL. No. 17,698.Supreme Court of Colorado. Decided October 24, 1955. Rehearing denied November 21, 1955. Proceedings to review an order of the Industrial Commission denying compensation for the death of claimants’ father. The district court affirmed the order and claimants’ bring error. Affirmed […]

(342 P.2d 1027) FERN E. CANADAY, ET AL. v. CAROLYN C. KAUFFMAN., ADMINISTRATRIX. No. 18,264.Supreme Court of Colorado. Decided August 17, 1959. Objections of the management and administration of an estate. Judgment for the administratrix and the petitioners bring error. Affirmed. 1. EXECUTORS AND ADMINISTRATORS — Fees — Allowance — Discretion of Court. The allowance […]

Wendel Speer Kuhn, Jr., Francis E. Becker, Jr., Bruce C. Derenthal, Julian Russell Dracon, Jacqueline Farrar, Robert J. Flor, Edward N. Gootee, Jr., David S. Harrigan, Jerry D. Jacks, Joe B. Mohorn, Richard C. Poyns, Donald L. Tatterson, Drew Charles Weyland, Richard W. Zolman, and all others similarly situated, (90SA299) Plaintiffs-Appellees and Cross-Appellants, v. State […]

Joseph GEIGER and Leanne Geiger, Plaintiffs-Appellants, and Stephen C. Kaufman, Appellant, v. AMERICAN STANDARD INSURANCE COMPANY OF WISCONSIN, Defendant-Appellee. Nos. 03CA1418, 03CA1735.Colorado Court of Appeals. September 23, 2004. Rehearing Denied January 13, 2005. Appeal from the District Court, City and County of Denver, No. 02CV8287, Michael A. Martinez, J. Page 17 Kidneigh Kaufman, P.C., Stephen […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee v. Dawna DAVIS, Defendant-Appellant. No. 07CA0595.Colorado Court of Appeals. December 24, 2008. Certiorari Denied August 17, 2009. Appeal from the District Court, Weld County, Ruthanne Polidori, J. Page 719 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

Mark T. FERLA, Karen M.B. Ferla, Michael B. Moore, and Gina D. Moore, Plaintiffs-Appellants, v. INFINITY DEVELOPMENT ASSOCIATES, LLC, Defendant-Appellee. No. 04CA0631.Colorado Court of Appeals. Division A. July 29, 2004. As Modified on Denial of Rehearing November 24, 2004. Certiorari Denied January 24, 2005. Appeal from the District Court, City and County of Denver, No. […]

In re the Marriage of: Franklin M. Ward, Appellant, and Lola Lee Ward, Appellee. No. 83CA0221Colorado Court of Appeals. Decided September 22, 1983. Appeal from the District Court of El Paso County Honorable William Rhodes, Judge Page 1261 Allen J. Kincaid Associates, W. Edward Pabst, for appellant. William H. Kirkman, Jr., for appellee. Division III. […]

(406 P.2d 793) James Patrick Bueno, et al. v. The People of the State of Colorado. No. 21119Supreme Court of Colorado. Decided October 25, 1965. Defendants were convicted of the crimes of grand larceny and conspiracy to commit grand larceny and bring error. Affirmed. 1. LARCENY — Sufficiency of Evidence — Value of Property — […]

Isadore Freedman and Helene Freedman, Plaintiffs-Appellants, v. Kaiser Foundation Health Plan of Colorado, a nonprofit corporation, Colorado Permanente Medical Group, P.C., a Colorado professional corporation, W.G. Wright, M.D. and Magdelyn Sabichi, M.D., Defendants-Appellees. No. 90CA1502Colorado Court of Appeals. Decided July 2, 1992. Opinion Modified, and as Modified Rehearing Denied October 8, 1992. Certiorari Denied March […]

Danny Abrams and Laura Abrams, Petitioners, and Concerning: Elizabeth Connolly and Allison Connolly, v. Arthur Connolly, Respondent. No. 88SC98Supreme Court of Colorado. Decided October 23, 1989. Page 652 Certiorari to the Colorado Court of Appeals Polidori, Rasmussen, Gerome and Jacobson, Peter L. Franklin, for Petitioners. Cox Buchanan, P.C., Jonathan C.S. Cox, Vicki M. Buchanan, for […]

TOWN OF TELLURIDE, Petitioner-Appellee v. SAN MIGUEL VALLEY CORPORATION, a Colorado corporation; Boomerang Holdings, LLC, a Colorado limited liability company; Alley Oop Holdings, LLC, a Colorado limited liability company; and Cordillera Corporation, a Utah corporation, Respondents-Appellants. No. 07SA101.Supreme Court of Colorado. June 2, 2008. Appeal from the District Court, San Miguel County, Charles R. Greenacre, […]

73 P.2d 991 MARKER v. CITY SAVINGS, BUILDING AND LOAN ASSOCIATION ET AL. No. 14,135.Supreme Court of Colorado. Decided October 25, 1937. Receivership proceeding in which the court disallowed distribution on claims held by plaintiff in error by assignment. Reversed. 1. BUILDING AND LOAN ASSOCIATIONS — Receivers — Interested Parties. Persons holding allowable claims against […]

SEARS ROEBUCK COMPANY and Liberty Mutual Fire Insurance Company, Petitioners, v. INDUSTRIAL CLAIM APPEALS OFFICE OF THE STATE OF COLORADO and Kevin L. Stegman, Respondents. No. 05CA1722.Colorado Court of Appeals. June 1, 2006. As Modified on Denial of Rehearing July 6, 2006. Law Offices of Richard P. Myers, David G. Kroll, Denver, Colorado, for Petitioners. […]

People v. Hook No. 03PDJ076Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. April 30, 2004 Page 1071 Attorney Regulation. The Presiding Disciplinary Judge and the Hearing Board suspended the Respondent, Clyde E. Hook, attorney registration number 09773, from the practice of law for three years, all stayed pending the successful completion […]

In Re Interrogatory Propounded by Governor Roy Romer on House Bill No. 1353. No. 87SA195Supreme Court of Colorado. Decided June 11, 1987. Original Proceeding Pursuant to Article VI, Section 3 of the Colorado Constitution. Douglas G. Brown, for Amicus Curiae Colorado General Assembly. Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard […]

In re: Wick Communications Company, d/b/a The Montrose Daily Press, Plaintiff v. Montrose County Board of County Commissioners and Dennis Hunt, Montrose County Manager, Defendants. No. 03SA194.Supreme Court of Colorado. December 15, 2003. Original Proceeding Pursuant to C.A.R. 21, Montrose County District Court, Case No. 03CV15, Honorable J. Stephen Patrick, Judge. RULE MADE ABSOLUTE. No. […]

(515 P.2d 631) The People of the State of Colorado v. Eugene A. Crawford No. 25595Supreme Court of Colorado. Decided November 5, 1973. Motion for post-conviction relief by petitioner brought some twelve years after his appeal from conviction of aggravated robbery was affirmed. District court denied the motion and petitioner appealed. Affirmed 1. CRIMINAL PROCEDURE […]

Travelers Indemnity Company, Plaintiff-Appellee, v. Howard Electric Company; Howard Mechanical Company; Cross-Tec Co.; TJK Co.; Howard Companies; Howard Electrical and Mechanical Company; C.I.C., Inc.; C.I.C., Inc. Brown-Olds Corporation, a Joint Venture; TJK Electric; H.E.M.C.O. Electrical Mechanical Co.; Howard-Chamblee-McAfee, a Joint Venture; Howard-Chamblee-McAfee; Howard-Belco, a Joint Venture; Howard-Diversified, a Joint Venture; Howard Electric Company Howard Mechanical […]

MESA COUNTY BOARD OF COUNTY COMMISSIONERS, Main Street Cafe, Evan Gluckman, Donald Shonkwiler, John Bozek, Sharon Johnson, Rick Nevin, and all similarly situated Colorado taxpayers and registered voters, Plaintiffs-Appellees v. STATE of Colorado; Bill Ritter, Jr., in his official capacity as the Governor of Colorado; and Colorado Department of Education, Defendants-Appellants. No. 08SA216.Supreme Court of […]

491 P.2d 589 Kole-Tober Shoes, Inc., a Colorado corporation v. Robert Hoery, doing business as United Auto Parks and Raymond Foreman No. 70-443Colorado Court of Appeals. Decided November 30, 1971. Bailment action. Plaintiff’s automobile, stolen while parked on defendant’s parking lot, was later recovered. Trial court awarded judgment for the unrecovered contents of the automobile. […]

(610 P.2d 1083) The People of the State of Colorado v. Ramon Baca No. 79CA0059Colorado Court of Appeals. Decided April 3, 1980. Defendant was found guilty by a jury of aggravated robbery and conspiracy to commit aggravated robbery, and he appealed. Affirmed 1. CRIMINAL LAW — If Defendant Testified — Prior Conviction — Used For […]

D.A. Walk and Helen Walk v. Edward E. Miller, a/k/a Ed E. Miller, a/k/a Ed Miller No. 80CA0464Colorado Court of Appeals. Decided November 27, 1981. Rehearing denied December 17, 1981. Certiorari denied August 30, 1982. Appeal from the District Court of Larimer County, Honorable John A. Price, Judge. Dean, Martin, Mitchell Schwartz, Allen R. Schwartz, […]

Richard Jackson, Plaintiff-Appellee, v. The State of Colorado; The Board of County Commissioners of Morgan County; Colorado Peace Officer Standards and Training Board; The Director of the Colorado Peace Officer Standards and Training Board; Gale A. Norton, in her official capacity as Chairperson of the Colorado Peace Officer Standards and Training Board; Steve Zotos, in […]

(259 P.2d 614) CLEMANN ET AL. v. BANDIMERE ET AL. No. 16,922.Supreme Court of Colorado. Decided July 6, 1953. An action to recover payment for goods alleged to have been sold and delivered. Judgment for plaintiffs. Reversed. 1. PLEADING — Amendments After Conclusion of Evidence. “Amendments such as here [in the instant case] allowed should […]

(610 P.2d 1067) David M. Douglass and Janice A. Douglass d/b/a Runabout Delivery Service v. J. T. Kelton, Sheriff of the County of Routt; W. E. Philbrook, Chief of Police, City of Steamboat Springs; and The City of Steamboat Springs, an incorporated Colorado Municipality No. 79SA233Supreme Court of Colorado. Decided May 5, 1980. Opinion modified […]

(528 P.2d 380) The People of the State of Colorado v. Kenneth Ray Ihme No. 25946Supreme Court of Colorado. Decided November 25, 1974. Defendant was convicted of selling narcotic drugs and conspiracy to sell narcotic drugs and appealed. Affirmed 1. CRIMINAL EVIDENCE — Inadmissible — Show — Crime — Independent — Offense — Trial — […]

1 P.2d 577 PEOPLE EX REL. COLORADO BAR ASSOCIATION v. WHITE. No. 12,892.Supreme Court of Colorado. Decided June 29, 1931. Original proceeding in discipline of an attorney. Respondent Reprimanded. 1. ATTORNEY AND CLIENT — Unprofessional Conduct. An attorney who was instrumental in employing persons to wrongfully break into a clubhouse and remove goods therefrom held […]

Virginia Padilla, also known as Virginia Quintana v. Harold Padilla No. 80CA0112Colorado Court of Appeals. Decided April 29, 1982. Appeal from the District Court of the City and County, of Denver, Honorable Raymond Jones, Judge. Max P. Zall, City Attorney, Frank A. Elzi, Assistant City Attorney, Carol A. Polevoy, Assistant City Attorney, Robert A. Powell, […]

(377 P.2d 738) JESSE DOUGLAS, ET AL., v. MUNICIPAL COURT OF THE CITY AND COUNTY OF DENVER, ET AL. No. 20,486.Supreme Court of Colorado. Decided January 14, 1963. Original proceeding in prohibition directed to Municipal Court. Rule to show cause issued. Rule Discharged. 1. COURTS — Municipal Court — Housing Code — Violation — Prosecution. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Claire C. Welsh, Defendant-Appellant. No. 98CA2167Colorado Court of Appeals. Division V April 11, 2002 Certiorari Granted November 18, 2002. El Paso County District Court No. 97CR205; Honorable Jane Looney, Judge. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Page 1066 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

(270 P.2d 746) SMITH v. WOODALL, COUNTY TREASURER ET AL. No. 17,287.Supreme Court of Colorado. Decided May 17, 1954. On motion to strike the reporter’s transcript from the record on error. Motion Granted. 1. PRACTICE AND PROCEDURE — Record on Error — Reporters Transcript. While the Supreme Court has inherent power to enlarge the time […]

Charles Edward Moore, Petitioner-Appellant, v. Bill Wilson, Superintendent Canon Correctional Facility, Respondent-Appellee. No. 81SA90Supreme Court of Colorado. Decided March 7, 1983. Opinion modified and as modified rehearing denied May 9, 1983. Appeal from the District Court of Fremont County, Honorable Paul J. Keohane, Judge. J. Gregory Walta, Colorado State Public Defender, Margaret L. O’Leary, Deputy […]

Farmers Group, Inc., a Nevada corporation; and Mid-Century Insurance Company, a California corporation, Petitioners and Cross-Respondents, v. Rodney Paul Williams and Jo Maria Gatewood, a/k/a Jo Maria Gatewood-Williams, individually and as husband and wife, Respondents and Cross-Petitioners. No. 89SC552Supreme Court of Colorado. Decided February 4, 1991. Rehearing Denied February 25, 1991. Certiorari to the Colorado […]

(259 P.2d 872) AUSTIN COMPANY ET AL. v. INDUSTRIAL COMMISSION ET AL. No. 17,060.Supreme Court of Colorado. Decided July 6, 1953. Rehearing denied August 3, 1953. An action to set aside, vacate or amend an award of the Industrial Commission. Judgment for defendants. PER CURIAM. Judgment affirmed en banc without written opinion. Error to the […]

(559 P.2d 710) The People of the State of Colorado v. Scott L. Ro’mar also known as Robert Arthur Schultz and Ro’mar Investigation and Security, Inc. No. 27121Supreme Court of Colorado. Decided February 7, 1977. Civil action by district attorney to abate a public nuisance based on allegation that defendants are conducting their security guard […]

Erroll E. McRill and Virginia A. McIntire, Plaintiffs-Appellants, v. Guaranty Federal Savings Loan Association of St. Petersburg, Florida, and Transamerica Insurance Company, a California corporation, Defendants-Appellees. No. 82CA1353Colorado Court of Appeals. Decided March 1, 1984. Rehearing Denied March 29, 1984. Appeal from the District Court of El Paso County Honorable Matt Railey, Judge Stephan A. […]

Joseph P. Jenkins and Joseph P. Jenkins, P.C., Petitioners, v. District Court in and for the Eighth Judicial District, and Arnaud Newton, Judge thereof, Respondents. No. 83SA88Supreme Court of Colorado. Decided February 27, 1984. Original Proceeding Page 1202 Joseph P. Jenkins, Joseph S. Payne, for petitioners. No Appearance for District Court and Judge Arnaud Newton. […]