Category: Colorado Court Opinions

The People of the State of Colorado, Plaintiff-Appellee, v. Hubert Underwood, Defendant-Appellant. No. 00CA1367Colorado Court of Appeals. March 14, 2002 Certiorari Denied September 9, 2002[*] [*] Justice COATS does not participate. City and County of Denver District Court No. 99CR0678; Honorable Lawrence A. Manzanares, Judge. JUDGMENT AFFIRMED Page 766 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

In re the ADOPTION OF a Child, K.L.L., Impartial, Upon the Petition of V.M.D. and P.W.D., Petitioners-Appellees, and Concerning B.S.B., J.A.L., R.L., and J.C., Respondents-Appellants. No. 06CA1884.Colorado Court of Appeals. March 22, 2007. Appeal from the District Court, Boulder County, Carol Glowinsky and Joseph R. Quinn, JJ. Page 384 Peter Rogers, Boulder, Colorado, for Petitioners-Appellees. […]

The People of the State of Colorado, Plaintiff-Appellee, v. George D. Easter, III, Defendant-Appellant. No. 94CA1541Colorado Court of Appeals. Decided September 28, 1995 Rehearing Denied October 26, 1995 Certiorari Denied April 8, 1996 Appeal from the District Court of El Paso County Honorable Jane Looney, Judge Nos. 93JD1376 94CR1395 JUDGMENT VACATED AND CAUSE REMANDED WITH […]

(529 P.2d 1319) The People of the State of Colorado v. Eufemio Euresti, Jr. No. 26169Supreme Court of Colorado. Decided January 6, 1975. Defendant, who was convicted of first-degree assault, was sentenced to state penitentiary for term of not less than fifteen nor more than forty years, and appeals the sentence under the statute which […]

(546 P.2d 500) Jesse L. Bradfield, and the Estate of Lenore Bradfield, Jesse L. Bradfield, executor v. Ringsby Truck Lines, Inc., and Peter Kiewit Sons’ Co., Hartford Accident and Indemnity Company v. Ringsby Truck Lines, Inc., and Peter Kiewit Sons’ Co. No. 75-008Colorado Court of Appeals. Decided November 20, 1975. Rehearing denied December 26, 1975. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Harold Gene Haynie, Defendant-Appellant. No. 89CA2125Colorado Court of Appeals. Decided September 12, 1991. Opinion Modified, and as Modified Rehearing Denied October 10, 1991. Certiorari Denied March 16, 1992 (91SC698). Appeal from the District Court of Montrose County Honorable David C. Johnston, Judge. Page 372 Duane Woodard, […]

(606 P.2d 858) Robert A. Holcomb v. The City and County of Denver No. 79SC94Supreme Court of Colorado. Decided February 25, 1980. Petitioner failed to comply with cease and desist order and was brought before county court on charge of having violated section 612.2-3(3)(a) of the Denver Revised Municipal Code, i.e., keeping dogs in violation […]

Roberta Zertuche, Plaintiff-Appellee, v. Montgomery Ward Co., Inc., Defendant-Appellant. No. 82CA1506Colorado Court of Appeals. Decided May 9, 1985 Appeal from the District Court of the City and County of Denver Honorable Roger Cisneros, Judge Page 425 Law Office of Gerald A. Gerash, Gerald A. Gerash; Gerash Robinson, P.C., Walter Gerash, J. Kent Miller, for Plaintiff-Appellee. […]

The Colorado Board of Medical Examiners, Plaintiff-Appellee and Cross-Appellant, v. W. M. Raemer, D.D.S., Defendant-Appellant and Cross-Appellee. No. 87CA1589Colorado Court of Appeals. Decided March 22, 1990. Rehearing Denied April 19, 1990. Certiorari Granted July 23, 1990 (90SC289). Certiorari Granted on the following issues: Whether the court of appeals erred in concluding that craniosacral manipulation by […]

(529 P.2d 1321) Southeastern Colorado Water Conservancy District; Fort Lyon Canal Company; and Holbrook Mutual Irrigating Company v. Shelton Farms, Inc. Southeastern Colorado Water Conservancy District v. Colorado-New Mexico Land Co., Inc. No. 26420 No. 26432Supreme Court of Colorado. Decided December 16, 1974. Rehearing denied January 6, 1975. Opinion modified and as modified rehearing denied […]

People of the State of Colorado, Plaintiff-Appellant, v. James M. Albaugh, Defendant-Appellee. No. 96CA1128Colorado Court of Appeals. July 10, 1997 Petition for Rehearing DENIED August 14, 1997. Petition for Writ of Certiorari DENIED January 12, 1998 Appeal from the District Court of El Paso County, Honorable Douglas E. Anderson, Judge, No. 96CR953 ORDER VACATED AND […]

The People of the State of Colorado, Plaintiff-Appellee, v. Beverly Carlson, Defendant-Appellant. No. 82CA0057Colorado Court of Appeals. Decided September 8, 1983. Rehearing Denied October 6, 1983. Certiorari Granted February 6, 1984. Appeal from the District Court of Weld County Honorable Jonathan W. Hays, Judge Page 391 Duane Woodard, Attorney General, Charles B. Howe, Deputy Attorney […]

(533 P.2d 512) Charles Fazio, E. R. Smith, and Josh Houston v. Town of Estes Park, Harry B. Tregent, Mayor thereof, Board of Trustees of Town of Estes Park, Robert E. Burgess, H. Bernerd Dannels, N. T. Petrocine, Glenn Prosser, Rollen Sutter, and Robert E. Wagner, as members thereof, Louis Canaiy and Jean B. Canaiy […]

(569 P.2d 336) The People of the State of Colorado v. Thomas F. Morones No. 76-121Colorado Court of Appeals. Decided June 30, 1977. Rehearing denied July 14, 1977. Certiorari denied September 26, 1977. From conviction of two counts of forgery, defendant appealed. Affirmed 1. CRIMINAL LAW — Information — Sufficient — Language of Statute — […]

Linda Millican and Nigel Clayton, the natural parents of April Lea Clayton, Deceased, Plaintiffs-Appellants, v. Rick Wolfe and Shirley Wolfe, individually, and d/b/a The Soda Saloon; Robert Dietz; and J. D. Carelli, Defendants-Appellees. No. 83CA0326Colorado Court of Appeals. Decided January 10, 1985. Rehearing Denied January 31, 1985. Certiorari Granted May 28, 1985 (85SC72). Certiorari Dismissed […]

Supreme Realty, Inc., f/k/a Business Brokers Co., Inc., and Philip H. Dolan v. Jules Lee Wurzel No. 79CA1000Colorado Court of Appeals. Decided August 27, 1981. Rehearing denied September 24, 1981. Certiorari denied November 23, 1981. Appeal from the District Court of the City and County of Denver, Honorable Leonard Plank, Judge. Page 1328 Radosevich Stokes, […]

(472 P.2d 123) The People of the State of Colorado v. Fred Grover Orf, Jr., also known as Fred Orf. No. 24743.Supreme Court of Colorado. Decided July 13, 1970. Interlocutory appeal from decision denying defendant’s motion to suppress evidence and cross-appeal by People challenging correctness of court’s ruling in granting motion to suppress statements allegedly […]

(591 P.2d 588) Frank Martinez, Jr. v. Joseph F. Dolan, Director of the Department of Revenue, Motor Vehicle Division, and the Department of Revenue, Motor Vehicle Division of the State of Colorado No. 77-1113Colorado Court of Appeals. Decided November 24, 1978. Rehearing denied December 28, 1978. Premised on his having accumulated 12 traffic violation points […]

In the Matter of the Estate of Adeline M. Kiser, Deceased. Kathryn McDonald Freedman, a/k/a Katherine McDonald; Susan Maul; Nanci Burchess Smith; and Craig Burchess (Trust Beneficiaries), Appellants, v. Monique Campbell, Appellee. No. 02CA0765.Colorado Court of Appeals. Div. III. April 24, 2003. Page 426 La Plata County District Court No. 00PR66; Honorable David L. Dickinson, […]

121 P.2d 485 ARDELL, ADMINISTRATOR v. BLAMEY. No. 14,841.Supreme Court of Colorado. Decided January 5, 1942. Rehearing denied January 26, 1942. An action to have a deed, absolute on its face, declared to be a mortgage, and for other relief. Judgment for defendant. Reversed. 1. DEEDS — Warranty — Mortgages — Appeal and Error. In […]

91 P.2d 492 PARK FLORAL COMPANY v. INDUSTRIAL COMMISSION. No. 14,455.Supreme Court of Colorado. Decided May 15, 1939. Rehearing denied June 12, 1939. Action by the Industrial Commission to recover unemployment compensation contributions from a floral company. Judgment for plaintiff. Affirmed. 1. LEGISLATION — Delegated Powers. Action of an administrative body, under statutory authority, in […]

The People of the State of Colorado, Plaintiff-Appellee, v. James Wallace Cowan, Defendant-Appellant. No. 89CA0347Colorado Court of Appeals. Decided March 14, 1991. Rehearing Denied April 25, 1991. Appeal from the District Court of Mesa County Honorable Charles A. Buss, Judge Page 811 Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Hassan McGLOTTEN, Defendant-Appellant. No. 02CA1014.Colorado Court of Appeals. May 3, 2007. Rehearing Denied June 28, 2007. Appeal from the District Court, Arapahoe County, Frederick B. Skillern, and Anthony F. Vollack, JJ. Page 183 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

(585 P.2d 293) Robert T. Smith v. Certified Realty Corporation, a Colorado corporation No. 77-670Colorado Court of Appeals. Decided June 22, 1978. Rehearing denied July 13, 1978. Certiorari granted October 10, 1978. In action on promissory note that was secured by deed of trust on real property, trial court refused to enforce acceleration clause in […]

(281 P.2d 167) ANDREW WYSOWATCKY, AS GUARDIAN, ETC. v. CONTINENTAL OIL COMPANY. No. 17,389.Supreme Court of Colorado. Decided March 14, 1955. Action by guardian of minors’ estate to recover from defendant amount of check drawn by former guardian. Judgment for defendant. Affirmed. Error to the District Court of the City and County of Denver, Hon. […]

The People of the State of Colorado v. Robert Walter Savage No. 81SA55Supreme Court of Colorado. Decided July 20, 1981. Interlocutory Appeal from the District Court of Garfield County, Honorable Thomas W. Ossola, Judge. Page 1071 Charles G. Leidner, District Attorney, Thomas J. Jirak, Deputy, for plaintiff-appellant. Webb Walker, III, for defendant-appellee. En Banc. JUSTICE […]

In the Matter of Todd J. Thompson, Attorney-Respondent. No. 98SA504Supreme Court of Colorado. December 13, 1999 ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY DISBARRED Page 821 John S. Gleason, Attorney Regulation Counsel, Kenneth B. Pennywell, Assistant Regulation Counsel, Denver, Colorado, Attorneys for Complainant. Peter R. Bornstein, Denver, Colorado, Attorney for Attorney-Respondent. EN BANC JUSTICE BENDER does not […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Robert Todd KIRK, Defendant-Appellant. No. 08CA1676.Colorado Court of Appeals. October 29, 2009. Appeal from the District Court, Clear Creek County, Russell H. Granger, J. John W. Suthers, Attorney General, Rebecca A. Adams, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee. Robert T. McAllister, P.C., Robert T. McAllister, […]

497 P.2d 352 Farmers Elevator Company of Sterling, a Colorado corporation v. First National Bank of Fleming, Colorado, a National Banking Corporation No. 71-013Colorado Court of Appeals. Decided April 11, 1972. Rehearing denied May 2, 1972. Certiorari granted with limitations June 12, 1972. Following stipulation of parties to the effect that, upon receipt of certain […]

Ray Gann, Petitioner, v. The People of the State of Colorado, Respondent. No. 85SC256Supreme Court of Colorado. Decided April 27, 1987. Rehearing Denied May 18, 1987. Certiorari to the Colorado Court of Appeals David F. Vela, Colorado State Public Defender, Claire Levy, Deputy State Public Defender, Jonathan Willett, Deputy State Public Defender, for Petitioner. Duane […]

(402 P.2d 604) BART GRAHAM AND FRANK ECKHOLT v. ALFRED G. HOYL AND ROBERT H. SAYRE, JR., AS TRUSTEES. No. 20845.Supreme Court of Colorado. Decided June 1, 1965. Action claiming adjudicated water priorities and seeking the issuance of a temporary injunction. From an order making the injunction permanent and the judgment final, defendants brought error. […]

(529 P.2d 639) The People of the State of Colorado v. Toby Lee Borrego No. 26053Supreme Court of Colorado. Decided December 23, 1974. Defendant was convicted of second-degree assault and appealed. Affirmed 1. CRIMINAL LAW — Motive — Intent — Proper. It is always proper to show the motive which may have prompted the accused […]

Jean M. Blue, Plaintiff-Appellant, v. Elvin E. Boss, the Department of Public Safety, Division of the Colorado State Patrol of the State of Colorado; and the State of Colorado, Defendants-Appellees. No. 88CA0393Colorado Court of Appeals. Decided May 25, 1989. Rehearing Denied June 22, 1989. Certiorari Denied October 23, 1989 (89SC398). Appeal from the District Court […]

51 P.2d 1181 EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES v. FLOYD. No. 13,760.Supreme Court of Colorado. Decided November 4, 1935. Judgment affirmed en banc on application for supersedeas without written opinion. Error to the District Court of Pueblo County, Hon. William B. Stewart, Judge. Messrs. LANGDON BARBRICK, for plaintiff in error. Mr. GEORGE […]

Richard McCallum, Jr., Plaintiff-Appellant, v. Colorado State Board of Parole, Defendant-Appellee. No. 99CA2354Colorado Court of Appeals. November 9, 2000 Rehearing Denied April 12, 2001. Page 1227 Appeal from the District Court of the City and County of Denver, Honorable Frank Martinez, Judge, No. 99CV5528 JUDGMENT AFFIRMED Division II Vogt and Pierce[*] , JJ., concur [*] […]

World Wide Construction Services, Inc., Petitioner, v. Jule Chapman and Colorado Civil Rights Commission, Respondents. No. 81CA1014Colorado Court of Appeals. Decided December 2, 1982. Rehearing denied December 23, 1982. Certiorari Granted May 23, 1983. Review of Order of the Colorado Civil Rights Commission LaCroix, Achziger Multz, P.C., Carroll E. Multz, for petitioner. J.D. MacFarlane, Attorney […]

George W. Ray, Plaintiff-Appellee, v. City and County of Denver, a municipal corporation; Arthur G. Dill, Chief of Police, City and County of Denver, Elvin R. Caldwell, Manager of Safety, City and County of Denver; and William H. McNichols, Jr., Mayor, City and County of Denver; and Denver Civil Service Commission, consisting of: Ted Bach, […]

In the Matter of the TITLE, BALLOT TITLE AND SUBMISSION CLAUSE, AND SUMMARY FOR 2005-2006 # 73, Petitioners: Beverly Ausfahl and Nicole Kemp, objectors, and Respondents: Jon Caldara and Dennis Polhill, proponents, and Title Board: William A. Hobbs, Allison Eid, and Daniel L. Cartin. No. 06SA42.Supreme Court of Colorado. May 22, 2006. Page 737 Isaacson […]

(358 P.2d 1023) JOHN PUDLIK, ET AL. v. THE BOARD OF COUNTY COMMISSIONERS OF BOULDER COUNTY, ET AL. No. 19,201.Supreme Court of Colorado. Decided January 30, 1961. From judgment affirming action of Board of County Commissioners in granting a liquor license, the protestors bring error. Affirmed. 1. INTOXICATING LIQUOR — License — Issuance — Authority […]

(498 P.2d 929) The People of the State of Colorado v. William Ray Marques No. 24828Supreme Court of Colorado. Decided June 26, 1972. Defendant was convicted of the crime of carrying a concealed weapon, after having been previously convicted of the crime of assault with a deadly weapon during the preceding ten years, and on […]

Colorado Farm Bureau Mutual Insurance Company, Petitioner, v. James Michael Kehr, Respondent. No. 92SC246Supreme Court of Colorado. Decided June 7, 1993. Certiorari to the Colorado Court of Appeals The Law Firm of Kenneth Lampton Associates, P.C., Kenneth R. Lampton, Jr., for Petitioner. Vinton, Waller, Slivka Panasci, Denis H. Mark, for Respondent. Wilcox Ogden, P.C., Ralph […]

200 P.2d 387 KRAUSE ET AL. v. WATSON BROS. TRANSPORTATION COMPANY, INC. ET AL. No. 15,975.Supreme Court of Colorado. Decided November 29, 1948. An action for damages for the death of plaintiffs’ six year old daughter, allegedly resulting from defendants’ negligence. Judgment for defendants. Reversed. 1. NEGLIGENCE — Trespassers — Children. The owner of premises […]

492 P.2d 81 Helen Van Orman v. William T. Van Orman No. 70-444Colorado Court of Appeals. Decided November 2, 1971. Rehearing denied November 23, 1971. Certiorari denied January 24, 1972. Divorce court ordered defendant to pay $1,100 as means of defraying his son’s college expenses and to pay additional sums as required for son’s education […]

In re the Marriage of: Thomas Wayne Thacker, Appellee, and Retta Lou Thacker, Appellant. No. 84CA0104Colorado Court of Appeals. Decided January 24, 1985. Appeal from the District Court of El Paso County Honorable Richard V. Hall, Judge Page 872 No Appearance for Appellee. Ronald A. Peterson, P.C., Ronald A. Peterson, for Appellant. Division I. Opinion […]

Cynthia M. Allen and Leland Aultman, Plaintiffs-Appellees, v. American Family Mutual Insurance Company, Defendant-Appellant. No. 01CA0317Colorado Court of Appeals. September 26, 2002 Rehearing Denied April 24, 2003. Mesa County District Court No. 98CV0849; Honorable David A. Bottger, Judge. JUDGMENT AFFIRMED. Page 800 Walter H. Sargent, P.C., Walter H. Sargent, Colorado Springs, Colorado; Norton Frickey, P.C., […]

113 P.2d 869 INDUSTRIAL COMMISSION ET AL. v. DOWNING. No. 14,911.Supreme Court of Colorado. Decided April 7, 1941. Rehearing denied May 26, 1941. A proceeding under the Workmen’s Compensation Act. The district court reversed the findings and decision of the Industrial Commission denying a supplemental claim. Reversed. 1. WORKMEN’S COMPENSATION — Commission Findings — Courts. […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Jeannie Lynn MANIER, Defendant-Appellant. No. 05CA2704.Colorado Court of Appeals. October 2, 2008. Appeal from the District Court, Jefferson County, Jack W. Berryhill, J. Page 255 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]

In re the Marriage of Debora MacMillan Newman, Petitioner, v. Richard Wenrick Newman, Respondent. Richard Wenrick Newman, Petitioner, v. Debora MacMillan Newman, Respondent. Nos. 80SC169 80SC174Supreme Court of Colorado. Decided November 1, 1982. Certiorari to the Colorado Court of Appeals Page 729 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

(527 P.2d 1186) John H. Lawlor v. The Industrial Commission of the State of Colorado (Ex-officio Unemployment Compensation Commission of Colorado) No. 74-123Colorado Court of Appeals. Decided October 30, 1974. Industrial Commission terminated unemployment compensation of claimant, and claimant sought review. Order Set Aside 1. UNEMPLOYMENT COMPENSATION — Failure — Timely Report — “Call-In Card” […]

Michelle K. Everett, Plaintiff-Appellee, v. Dickinson Company, Inc. an Iowa Corporation, Defendant-Appellant. No. 95CA0923Colorado Court of Appeals. Decided April 18, 1996 Petition for Rehearing DENIED May 23, 1996 Petition for Writ of Certiorari DENIED December 23, 1996 Page 11 Appeal from the District Court of the City and County of Denver, Honorable Federico C. Alvarez, […]

(604 P.2d 1186) Thomas Cooper v. Civil Service Commission of the City and County of Denver, Colorado, consisting of Oswald C. Abernathy, President, Ted Bach, Commissioner, and Jesse Manzanares, Commissioner; Daniel P. Cronin, Manager of Safety of the City and County of Denver; Arthur G. Dill, Chief of Police of the City and County of […]

(513 P.2d 721) The Mountain States Telephone and Telegraph Company, a Colorado corporation v. The Public Utilities Commission of the State of Colorado and Henry E. Zarlengo, Howard S. Bjelland, Edwin R. Lundborg, Commissioners; Colorado Municipal League; The Secretary of Defense on behalf of the Department of Defense and all other Executive Agencies of the […]

Sander Talbot, Plaintiff-Appellant, v. School District No. 1, Denver, Colorado, and The Board of Education of School District No. 1, Defendants-Appellees. No. 83CA0636Colorado Court of Appeals. Decided December 20, 1984. Rehearing Denied January 17, 1985. Certiorari Denied June 10, 1985. Page 920 Appeal from the District Court of the City and County of Denver Honorable […]

134 P.2d 212 HAYDEN ET AL. v. PERRY ET AL. No. 15,259.Supreme Court of Colorado. Decided February 8, 1943. A suit for the cancellation of a lease, promissory note and chattel mortgage. Judgment for plaintiffs. Affirmed. On Application for Supersedeas. 1. APPEAL AND ERROR — Fact Findings — Conflicting Evidence. Findings of a trial court […]

Thomas Smith, Plaintiff-Appellee and Cross-Appellant, v. Farmers Insurance Exchange and Mid-Century Insurance Company, Defendants-Appellants and Cross-Appellees. No. 97CA0439.Colorado Court of Appeals. October 29, 1998. Rehearing Denied January 21, 1999. Certiorari Granted September 7, 1999. Appeal from the District Court of El Paso County, Honorable Steven T. Pelican, Judge, No. 94CV312. JUDGMENT AFFIRMED IN PART, REVERSED […]

The PEOPLE of the State of Colorado, Plaintiff-Appellant v. Alejandro PEREZ, Plaintiff-Appellant. No. 10SA33.Supreme Court of Colorado. September 13, 2010. Appeal from the District Court, Prowers County, Stanley A. Brinkley, J. Page 666 Carol Chambers, District Attorney, Eighteenth Judicial District, Andrew Cooper, Chief Deputy District Attorney, Centennial, Colorado, Attorneys for Plaintiff-Appellant. Castle Castle PC, James […]

Charles R. Ventura, III, Plaintiff-Appellant, v. Albertson’s, Inc., Dennis Foose, and Ryan Dorman, Defendants-Appellees. No. 91CA1756Colorado Court of Appeals. Decided December 17, 1992. Opinion Modified, and as Modified Rehearing Denied February 11, 1993. Certiorari Denied July 26, 1993 (93SC147). Appeal from the District Court of Boulder County Honorable Murray Richtel, Judge Page 36 [EDITORS’ NOTE: […]

1 P.2d 94 MISSEMER ET AL. v. TOWN OF HUGO ET AL. No. 12,486.Supreme Court of Colorado. Decided June 15, 1931. Action to enjoin sale of municipal lighting plant. Demurrer to complaint sustained. Reversed. 1. ELECTRICITY — Rates — Contract. There is a borderland between rates which are confiscatory and those which are oppressive, wherein […]

(480 P.2d 576) Stanley L. Sall v. Evalyn A. Sall, now known as Evalyn A. Campbell. No. 24504.Supreme Court of Colorado. Decided February 1, 1971. Trial court denied father’s motion to change custody of son from mother to himself, and also denied father’s motion to decrease payments of support money. Affirmed. 1. DIVORCE — Orders […]

(221 P.2d 936) HIRSHORN ET AL. v. GOLDEN, EXECUTOR. No. 16,453.Supreme Court of Colorado. Decided August 21, 1950. A proceeding to determine heirship in the settlement of the estate of a deceased person. Petition dismissed. PER CURIAM. Judgment affirmed en banc without written opinion. Mr. Chief Justice Hilliard and Mr. Justice Moore not participating. Error […]

The People of the State of Colorado, Petitioner, v. The District Court of El Paso County, and the Honorable Steven T. Pelican, one of the Judges thereof, Respondent. No. 89SA132Supreme Court of Colorado. Decided April 23, 1990. Original Proceeding Page 333 John Suthers, District Attorney, Gordon R. Denison, Deputy District Attorney, for Petitioner. David F. […]

(463 P.2d 457) Charles R. Eatchel, William E. Eatchel and Mrs. William E. Eatchel v. Erin Kay Lanphere and Kelli Ann Lanphere, buy their father and next friend James A. Lanphere. No. 22571.Supreme Court of Colorado. Decided January 12, 1970. From an order of the district court adjudging them in contempt of court and assessing […]

50 P.2d 542 LAMBORN v. KIRKPATRICK. No. 13,512.Supreme Court of Colorado. Decided October 7, 1935. Proceeding involving probate of a will. Probate denied. Affirmed. 1. APPEAL AND ERROR — Jury Findings. Unless a case falls within a valid exception to the general rule, the appellate court must accept the conclusions of the jury, expressed in […]

Concerned Citizens of Park County, and Alvis J. Walls, and Leona C. Nelson, and Bobbie L. Wood, and Antoinette A. Miller v. The Board of County Commissioners for Park County, State of Colorado and Larry Streeter, and Ken W. Davis, and Paul Imboden, and The Park County Planning Commission, and John Gillott, and Martha Fitzsimmons, […]

(592 P.2d 1321) Langford Wells a/k/a Lankford Wells v. The People of the State of Colorado No. C-1631Supreme Court of Colorado. Decided April 9, 1979. Defendant was charged and convicted of aggravated robbery and conspiracy to commit aggravated robbery. The court of appeals affirmed and certiorari was granted. Reversed 1. INSTRUCTIONS, CRIMINAL — Definitional Instruction […]

THE PEOPLE OF THE STATE OF COLORADO, Complainant, v. SCOTT D. McDOWELL, Attorney-Respondent. No. 96SA300Supreme Court of Colorado. July 21, 1997 Original Proceeding in Discipline ATTORNEY DISBARRED Linda Donnelly, Disciplinary Counsel, James C. Coyle, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. Scott D. McDowell, Pro Se, Edgewater, Colorado. EN BANC JUSTICE BENDER does not […]

The People of the State of Colorado, Petitioner, v. Eric Flenniken, Respondent. No. 86SC96Supreme Court of Colorado. Decided January 11, 1988. Opinion modified and, as modified, Petition for Rehearing Denied February 8, 1988. Certiorari to the Colorado Court of Appeals Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, Solicitor […]

United Floor Company, a Colorado corporation, Plaintiff-Appellant, v. Jay S. Eigel, First Federal Savings and Loan Association of Estherville and Emmetsburg, Defendants-Appellees, and Rampart Electric, Inc., and Centennial Construction Land Development Company, Intervenors-Appellants. No. 89CA1028Colorado Court of Appeals. Decided October 25, 1990. Rehearing Denied December 6, 1990. Certiorari Denied March 25, 1991 (91SC7). Appeal from […]

(492 P.2d 631) Upper Harmony Ditch Company, a Colorado corporation v. Jim A. Stunkard, J. L. Stunkard and Gladys L. Stunkard No. 24123Supreme Court of Colorado. Decided January 3, 1972. Rehearing denied January 24, 1972. Action by plaintiff ditch company to enjoin defendants from diverting water from a designated draw and to obtain damages for […]

In the Matter of the Application for Water Rights of Park County Sportsmen’s Ranch, CITY OF AURORA, a municipal corporation of the counties of Adams, Arapahoe and Douglas, acting by and through its UTILITY ENTERPRISE; Park County Sportsmen’s Ranch, L.L.P., a limited liability partnership; and Kenneth J. Burke, former counsel for Park County Sportsmen’s Ranch, […]

50 P.2d 547 McGLONE, MANAGER OF REVENUE v. FIRST BAPTIST CHURCH OF DENVER. No. 13,523.Supreme Court of Colorado. Decided October 7, 1935. Suit by religious organization to have its property declared exempt from taxation. Judgment for plaintiff. Affirmed. 1. TAXES AND TAXATION — Exemptions — Statutory Construction. Under pertinent constitutional provisions it is within the […]

The PEOPLE of the State of Colorado, Plaintiff-Appellant v. Travis Lee JEWELL, Defendant-Appellee. No. 07SA319.Supreme Court of Colorado. February 4, 2008. Appeal from the District Court, Garfield County, Denise K. Lynch, J. Page 104 Martin Beeson, District Attorney, Ninth Judicial District, Amy C. Fitch, Deputy District Attorney, Glenwood Springs, CO, Attorneys for Plaintiff-Appellant The Law […]

The People of the State of Colorado v. Jay Stoppel No. 81SA248Supreme Court of Colorado. Decided December 7, 1981. Interlocutory Appeal from the District Court of the County of Boulder, Honorable Rex H. Scott, Judge. Page 385 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

In the Matter of the Estate of Helen Joanne Wickham, Deceased. Donald R. Wickham, Claimant-Appellant, v. Kathy Ann Wickham, Objector-Appellee. No. 82CA0418Colorado Court of Appeals. Decided September 1, 1983. Appeal from the District Court of Fort Morgan County Honorable Waino Johnson, Judge Law Offices of Peter Alpert, Peter Alpert, Michael J. Schingle, for personal representative-appellant. […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee v. Donald James DREW, Defendant-Appellant. No. 08CA2664.Colorado Court of Appeals. May 13, 2010. Rehearing Denied June 17, 2010. Appeal from the District Court, Jefferson County, Stephen M. Munsinger, J. John W. Suthers, Attorney General, Jennifer L. Ward, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee. Donald James Drew, […]

(518 P.2d 957) The Clown’s Den, Inc., a Colorado corporation v. George A. Canjar, Director of Excise and Licenses, City and County of Denver No. 73-042Colorado Court of Appeals. Decided December 18, 1973. Rehearing denied January 8, 1974. Certiorari denied February 25, 1974. Finding that liquor licensee, in violation of regulation, had permitted certain improper […]

The People of the State of Colorado v. Louis Bravo No. 79SA377Supreme Court of Colorado. Decided July 6, 1981. Rehearing denied July 27, 1981. Appeal from the District Court of the City and County of Denver, Honorable James C. Flanigan, Judge. J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy, Mary J. Mullarkey, Solicitor General, […]

The People of the State of Colorado v. Richard Lee Hamling No. 80CA0428 No. 80CA0305Colorado Court of Appeals. Decided July 23, 1981. Rehearing denied August 20, 1981. Appeal from the District Court of the City and County of Denver, Honorable Karen S. Metzger, Judge. Page 1024 J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy […]

In the Matter of the Estate of Peggy Hickle, Protected Person/Appellant, v. Elaine Carney, Appellee. No. 86CA1392Colorado Court of Appeals. Decided November 19, 1987. Appeal from the District Court of Adams County Honorable Richard M. Borchers, Judge Page 361 Gordon Marschhausen, Pamela A. Gordon, for Protected Person/Appellant. No Appearance for Appellee. Division I. Opinion by […]

Shayla Bukulmez, Plaintiff-Appellant and Cross-Appellee, v. Hertz Corporation, Defendant-Appellee and Cross-Appellant, and Blue Cross of Western New York and Blue Shield of Western New York, Intervenors-Appellees and Cross-Appellees. No. 83CA0666Colorado Court of Appeals. Decided April 25, 1985. Rehearing Denied May 23, 1985. Certiorari Granted December 2, 1985 (85SC241). Appeal from the District Court of El […]

Frontier Exploration, Inc., Plaintiff-Appellant, v. American National Fire Insurance Company, Defendant-Appellee. No. 92CA0012Colorado Court of Appeals. Decided December 17, 1992. Rehearing Denied February 11, 1993. Appeal from the District Court of Arapahoe County Honorable James F. Macrum, Jr., Judge Page 888 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

E. Peter Anderson, Petitioner, v. Ian and Sandi Rosebrook, Respondents. No. 86SC166Supreme Court of Colorado. Decided May 26, 1987. Certiorari to the Boulder County District Court Honorable Joseph J. Bellipanni, Judge Page 418 Karen A. Burns, for Petitioner. David Bye, for Amicus Curiae Colorado Rural Legal Services, Inc. E. Jeanne Durr, for Amicus Curiae Student […]

Mary A. Ricks, Petitioner, v. The Industrial Claim Appeals Office of the State of Colorado, Department of Labor and Employment, U.S. Olympic Committee, and Colorado Compensation Insurance Authority, Respondents. No. 90CA0915Colorado Court of Appeals. Decided March 14, 1991. Review of Order from the Industrial Claim Appeals Office of the State of Colorado. Cynthia M. Pring, […]

(443 P.2d 716) Jerome R. Freed v. Ronald J. Baldi, et al. and Andy L. Young, et al v. The Civil Service Commission of the City and County of Denver, et al. No. 23155. No. 23224.Supreme Court of Colorado. Decided July 15, 1968. Rehearing denied August 6, 1968. Action in the nature of mandamus to […]

157 P.2d 131 DIXON v. NORBERG No. 15,254.Supreme Court of Colorado. Decided March 12, 1945. An action against a physician and surgeon for damages for malpractice. Judgment for plaintiff. Affirmed. 1. PHYSICIANS AND SURGEONS — Malpractice — Evidence. In an action against a physician for damages for malpractice, record reviewed, and evidence held sufficient to […]

(467 P.2d 795) Colorado Chiropractic Association, a Colorado nonprofit corporation, and Louis O. Gearhart v. State of Colorado and the Colorado State Department of Public Health. No. 22486Supreme Court of Colorado. Decided April 6, 1970. Declaratory judgment action by State chiropractic Association to test correctness of construction of statute by Department of Health. Trial court […]

Mead Associates, Inc., a Colorado corporation, Plaintiff-Appellee, v. Scottsbluff Sash Door Co., a Nebraska corporation, Defendant-Appellant. No. 91CA1729Colorado Court of Appeals. Decided January 28, 1993. Rehearing Denied March 18, 1993. Certiorari Denied July 26, 1993 (93SC250). Appeal from the District Court of the City and County of Denver Honorable Warren O. Martin, Judge Page 41 […]

The People of the State of Colorado, ex rel. Dennis E. Faulk, District Attorney in and for the Eleventh Judicial District of Colorado, Petitioner, v. The District Court in and for the County of Fremont, and the Honorable John Anderson, one of the Judges thereof, Respondent. No. 83SA386Supreme Court of Colorado. Decided December 5, 1983. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Edward A. Lowe, Defendant-Appellant. No. 01CA1876.Colorado Court of Appeals. Division IV July 18, 2002. Certiorari Denied January 6, 2002. City and County of Denver District Court No. 91CR1838; Honorable H. Jeffrey Bayless, Judge. Page 754 ORDER AFFIRMED Page 755 Ken Salazar, Attorney General, Juliana M. Zolynas, […]

(529 P.2d 631) Mike Samuelson, Eric M. Samuelson, Stephen W. Tanner, v. Alice Douthirt, individually and as members of the last Board of Directors of Veterans Gas and Service, Inc., and Veterans Gas and Service, Inc., a corporation v. Dan T. Chutich and Gladys M. Chutich, and Continental Casualty Company No. C-489Supreme Court of Colorado. […]

Hurst Construction Company and United States Fidelity Guaranty Company, Petitioners, v. Bruce A. Ramey, Darrell Slater d/b/a Custom Farm Service, the Industrial Claim Appeals Office of the State of Colorado, and the Colorado Division of Labor, Respondents. No. 90CA0680Colorado Court of Appeals. Decided May 23, 1991. Rehearing Denied June 20, 1991. Certiorari Denied December 23, […]

DR/CR Family, LLLP, a Colorado limited liability partnership, Plaintiff-Appellee and Cross-Appellant, v. Paula Burger, Gerald M. Quiat, and DWG Co., a partnership, n/k/a DWG, LLC, Defendants-Appellants and Cross-Appellees. No. 02CA0702.Colorado Court of Appeals. October 23, 2003. Page 949 Jefferson County District Court No. 01CV138; Honorable Christopher J. Munch, Judge. JUDGMENT VACATED AND CASE REMANDED WITH […]

The People of the State of Colorado, Plaintiff-Appellant, v. Blaise Daverin, Defendant-Appellee. No. 98SA329Supreme Court of Colorado. November 16, 1998 Interlocutory Appeal from the Montrose County District Court Honorable Richard J. Brown, Judge. REVERSED AND CASE REMANDED Page 630 Wyatt B. Angelo, District Attorney, Seventh Judicial District Barbara J. Sanford, Deputy District Attorney, Montrose, Colorado, […]

The People of the State of Colorado, Petitioner, v. Reo Shane Prator, Respondent. No. 92SC244Supreme Court of Colorado. Decided July 26, 1993. Certiorari to the Colorado Court of Appeals Page 838 Gale A. Norton, Attorney General, Raymond T. Slaughter, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, John Daniel Dailey, Deputy Attorney General, Robert […]