Category: Colorado Court Opinions

Golden Age Manor and Ranger Insurance Company, Petitioners, v. The Industrial Commission of the State of Colorado; Director, Department of Labor and Employment, Division of Labor, State of Colorado; and Eddie Franklin, Respondents. No. 85CA0320Colorado Court of Appeals. Decided November 21, 1985. Rehearing Denied December 26, 1985. Certiorari Denied Golden Age Manor March 17, 1986 […]

106 P.2d 363 TAUSSIG ET AL. v. MOFFAT TUNNEL WATER AND DEVELOPMENT COMPANY. No. 14,474.Supreme Court of Colorado. Decided June 17, 1940. Rehearing denied October 14, 1940. A proceeding involving the validity of water decrees. Objections to entry of decrees overruled. Decrees Modified, and as Modified, Affirmed. 1. WATER RIGHTS — Conditional Decrees. It is […]

G. Dudley Holmes, Petitioner, v. William E. Gamble, M.D. and Carl F. Heaton, M.D., Respondents. No. 80SC361Supreme Court of Colorado. Decided December 20, 1982. Certiorari to the Colorado Court of Appeals Page 406 Dufty, Schoenwald Hultin, Lawrence J. Schoenwald, for petitioner. Johnson, Mahoney Scott, P.C., Paul E. Scott, Brian J. Lampert, for respondent Gamble. Hall […]

The People of the State of Colorado, Plaintiff-Appellee, v. Harold G. Lewis, Defendant-Appellant. No. 79CA1069Colorado Court of Appeals. Decided April 21, 1983. Rehearing Denied June 30, 1983. Certiorari Denied October 31, 1983. Appeal from the District Court of Arapahoe County Honorable Richard L. Eason, Judge Page 986 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

57 P.2d 1 FORSYTHE v. HENRY M. McCARTHY. FORSYTHE v. ELIZABETH McCARTHY. Nos. 13,707, 13,708.Supreme Court of Colorado. Decided March 16, 1936. Rehearing denied April 27, 1936. Actions for damages resulting from an automobile accident. Judgment for plaintiffs. Affirmed. 1. APPEAL AND ERROR — Fact Findings. Fact findings of a jury based upon conflicting evidence […]

Van Kratzenstein and Diane Kratzenstein, Plaintiffs-Appellees, v. The Board of County Commissioners of the County of Weld, Colorado, and The County of Weld, Colorado. Defendants-Appellants. No. 83CA0223Colorado Court of Appeals. Decided December 8, 1983. Appeal from the District Court of Weld County Honorable Robert A. Behrman, Judge Dinner, Hellerich and Lazar, Thomas E. Hellerich, for […]

(532 P.2d 724) The People of the State of Colorado v. Donald F. Meyers No. 26470Supreme Court of Colorado. Decided March 10, 1975 Original proceeding in discipline. Public Censure 1. ATTORNEYS AT LAW — Proceedings Not Taken — Late Filing of Inventory — Failure to Close Estate — Failure to Open Conservatorship Estate — Public […]

(393 P.2d 355) IN THE MATTER OF THE ESTATE OF C.W. BLANPIED, DECEASED, v. WILLIAM HEDGES ROBINSON, JR. No. 20219.Supreme Court of Colorado. Decided June 22, 1964. Action by claimant to surcharge executor for alleged waste and mismanagement. From a judgment entered therein, the claimant brings error. Affirmed. 1. EXECUTORS AND ADMINISTRATORS — Estate — […]

(396 P.2d 457) RALPH LAWRENCE MAES v. THE PEOPLE OF THE STATE OF COLORADO. No. 21379.Supreme Court of Colorado. Decided November 2, 1964. Rehearing denied November 23, 1964. From a denial of his motion for change of plea, defendant filed a motion seeking the following orders from Supreme Court; allowing him to proceed in forma […]

People v. Fischer No. 02PDJ058.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. February 5, 2003. Page 374 [1] Attorney Regulation. The Hearing Board disbarred respondent Mark Joseph Fischer, attorney registration number 07161 from the practice of law in the State of Colorado. Respondent knowingly converted funds belonging to third parties in […]

(424 P.2d 380) Sentinel Acceptance Corporation, a Colorado Corporation v. Mary E. Colgate No. 21279.Supreme Court of Colorado. Decided March 6, 1967. Action to recover balance due on promissory note. From an adverse judgment plaintiff brings error. Affirmed. 1. EVIDENCE — Parol — Exclusion — Variance — Written Agreement. The parol evidence rule excludes extrinsic […]

Frontier Exploration, Inc., a Colorado corporation, Plaintiff-Appellant, v. Blocker Exploration Company, a Texas corporation, Defendant-Appellee. No. 84CA0408Colorado Court of Appeals. Decided June 6, 1985. Rehearings Denied July 11, 1985. Certiorari Granted Blocker November 18, 1985 (85SC300). Certiorari Granted Frontier November 18, 1985 (85SC302). Certiorari granted on following issues: Whether the Colorado Court of Appeals erred […]

(547 P.2d 267) The People of the State of Colorado v. Melvin Clark No. 74-324Colorado Court of Appeals. Decided December 11, 1975. Rehearing denied January 8, 1976. Original opinion announced August 19, 1975, withdrawn. In prosecution for first degree burglary and rape, the trial court denied a motion for the suppression of evidence obtained in […]

John Stollmeyer, Petitioner, v. The Industrial Claim Appeals Office of the State of Colorado, Colorado Compensation Insurance Authority, and United States Soccer Federation, Respondents. No. 94CA1798Colorado Court of Appeals. Decided September 14, 1995 Petition for Rehearing DENIED October 26, 1995 Petition for Writ of Certiorari DENIED April 29, 1996. Review of Order from the Industrial […]

Jane C. Lewis and Richard A. Lewis, Plaintiffs-Appellants, v. Noel P. Keim, Defendant-Appellee. No. 93CA0731Colorado Court of Appeals. Decided September 22, 1994 Appeal from the District Court of Boulder County Honorable Richard C. McLean, Judge No. 90CV559 JUDGMENT AFFIRMED Page 611 Robert R. Kayne, Longmont, Colorado, for Plaintiffs-Appellants Bayer, Carey McGee, P.C., Terry L. Lutts, […]

(536 P.2d 302) The People of the State of Colorado v. Alvin Lee Anderson No. 26061Supreme Court of Colorado. Decided June 2, 1975. Defendant was convicted of felony-theft (receiving) and appealed. Affirmed 1. SEARCHES AND SEIZURES — Fourth Amendment — Protection — All Persons. Although the Fourth Amendment offers protection against unreasonable searches and seizures […]

The People of the State of Colorado, Plaintiff-Appellee, v. Theodora Marie Agnes Wagner, Defendant-Appellant. No. 84CA0827Colorado Court of Appeals. Decided April 17, 1986. Rehearing Denied May 15, 1986. Certiorari Denied Wagner September 29, 1986 (86SC206). Appeal from the District Court of Adams County Honorable Harlan R. Bockman, Judge Duane Woodard, Attorney General, Charles B. Howe, […]

Jaime Camacho and Kathleen Camacho, Plaintiffs-Appellants, v. Honda Motor Co., Ltd., a corporation; and American Honda Motor Co., Inc., a California corporation, Defendants-Appellees. No. 82CA1322Colorado Court of Appeals. Decided January 24, 1985. Rehearing Denied February 21, 1985. Certiorari Granted June 10, 1985 (85SC112). Certiorari granted on following issue: What is the proper test for determining […]

104 P.2d 605 OTTO LUMBER COMPANY v. WATER SUPPLY AND STORAGE COMPANY. No. 14,387.Supreme Court of Colorado. Decided July 1, 1940. On petition to change the point of diversion of decreed water. Judgment of dismissal. Reversed. 1. WATER RIGHTS — Change of Point of Diversion. A statutory proceeding for change of point of diversion of […]

28 P.2d 1004 SMITH v. PHELPS ET AL. No. 12,985.Supreme Court of Colorado. Decided December 11, 1933. Rehearing denied January 15, 1934. Action for damages for alleged false arrest and imprisonment. Judgment for defendants. Affirmed. 1. APPEALS — Courts — Jurisdiction. A district court is without jurisdiction to review a judgment of the county court […]

Mary BRODEUR, individually and as personal representative of the Estate of Dennis Brodeur, deceased, Petitioner v. AMERICAN HOME ASSURANCE COMPANY and AIG Claim Services, Inc., Respondents. No. 06SC499.Supreme Court of Colorado. October 9, 2007. Appeal from the Denver District Court Granted Defendants Summary judgment. Page 140 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]

(522 P.2d 735) The People of the State of Colorado v. Gerald A. Sanders No. 26309 No. 26272Supreme Court of Colorado. Decided May 28, 1974. Appeal by district attorney from an order of the district court granting defendant’s release on personal recognizance. The district court held the statute (Colo. Sess. Laws 1972, ch. 44, 39-4-105(1)(m)) […]

(429 P.2d 623) H. L. Leach, Sr., Irene G. Leach, H. L. Leach, Jr., and P. C. Williams, as Individuals, and doing business as Associated Industries v. Clarence V. LaGuardia and Rose LaGuardia. No. 21481.Supreme Court of Colorado. Decided July 3, 1967. Action involving the right to the balance of certain escrowed moneys paid by […]

In Re the Matter of the Custody of Jonathan Wesley Dunn, Minor, Gail Howells Dunn, Petitioner-Appellant, v. Sandra Darlene Franklin, Respondent-Appellee. No. 84CA0089Colorado Court of Appeals. Decided April 11, 1985. Appeal from the District Court of El Paso County Honorable David D. Parrish, Judge Lee J. Belstock, for Petitioner-Appellant. No appearance for Respondent-Appellee. Division IV. […]

(397 P.2d 748) CHARLES ILFELD COMPANY v. RAYMOND C. TAYLOR, ET AL. No. 20432.Supreme Court of Colorado. Decided December 28, 1964. Action by lending company against sellers for breach of contract. From an adverse judgment, the plaintiff brought error. Reversed. 1. CONTRACTS — Intention — Good Sense — Plain Understanding — Words — Acts. The […]

Laura Ann Banks, Petitioner, v. The Industrial Claim Appeals Office of the State of Colorado; State of Colorado, Division of Labor; Rocky Flats; and Travelers Insurance Company, Respondents. No. 89CA0301Colorado Court of Appeals. Decided January 18, 1990. Rehearing Denied February 22, 1990. Certiorari Denied July 30, 1990 (90SC124). Review of Order from the Industrial Claim […]

The People of the State of Colorado, Petitioner-Appellee, In the Interest of J.W.W., a Child, and Concerning F.B., Intervenor-Appellant. No. 96CA0283Colorado Court of Appeals. January 23, 1997 Petition for Rehearing DENIED March 13, 1997 Appeal from the District Court of Adams County Honorable John E. Popovich, Judge No. 91JN291 APPEAL DISMISSED Robert J. Loew, County […]

190 P.2d 120 MILL CITY CORPORATION ET AL. v. SIMONSON. No. 15,983.Supreme Court of Colorado. Decided February 9, 1948. Rehearing denied March 1, 1948. An action for the return of money advanced by plaintiff in connection with the acquisition and operation of certain mining property, his claim being based upon a contract executed by the […]

(475 P.2d 346) Bernice Brock, Caveatrix v. Miriam Erickson and Clarence W. Button, Co-executors of the Estate of George O. Erickson No. 70-343 (Supreme Court No. 23553)Colorado Court of Appeals. Decided October 6, 1970. Caveat to probate of will. From admission of will to probate, caveatrix appealed. Affirmed 1. WILLS — Witnesses’ Signatures — Not […]

The People of the State of Colorado, Plaintiff-Appellant, v. Thomas Titus, Defendant-Appellee. No. 94SA173Supreme Court of Colorado. Decided September 12, 1994 Interlocutory Appeal from the District Court, El Paso County Honorable Richard V. Hall, Judge RULING AFFIRMED John Suthers, District Attorney, Fourth Judicial District David J. Young, Deputy District Attorney, Colorado Springs, Colorado, Attorneys for […]

The People of the State of Colorado, Plaintiff-Appellee, v. George William Burns, Defendant-Appellant. No. 81CA1148Colorado Court of Appeals. Decided December 29, 1983. Rehearing Denied January 26, 1984. Writ of Certiorari Granted August 27, 1984. Certiorari Dismissed as Improvidently Granted July 2, 1986. Appeal from the District Court of Weld County Honorable Jonathan W. Hays, Judge […]

Ground Water Commission and James R. Clark, Division Engineer, Water Division No. 1, Appellants, v. Clifford J. Shanks, and Elsie P. Shanks, Appellees. No. 81SA255Supreme Court of Colorado. Decided January 24, 1983. Appeal from the District Court Water Division No. 1 Honorable Robert A. Behrman, Water Judge. J. D. MacFarlane, Attorney General, Richard F. Hennessey, […]

73 P.2d 1378 HAEFELI v. AHLSTRAND ET AL. No. 13,971.Supreme Court of Colorado. Decided May 17, 1937. On rehearing original opinion modified and adhered to October 25, 1937. Rehearing denied November 15, 1937. Suit for damages growing out of a real estate transaction. Judgment of nonsuit. Affirmed. 1. APPEAL AND ERROR — Court Discretion — […]

Raymond JUHL, Petitioner v. The PEOPLE of the State of Colorado, Respondent. No. 06SC637.Supreme Court of Colorado. November 17, 2007. Appeal from the District Court, Adams County, C. Scott Crabtree, J. Page 897 Douglas K. Wilson, Colorado State Public Defender, Pamela A. Dayton, Deputy State Public Defender, Denver, Colorado, Attorneys for Petitioner. John W. Suthers, […]

The People of the State of Colorado, Plaintiff-Appellee, v. Thoro Products Company, Inc., a Colorado corporation, and Richard E. Newman, Defendants-Appellants. No. 99CA1365Colorado Court of Appeals. March 29, 2001 Opinion modified May 17, 2001 Jefferson County District Court Nos. 97CR1915 97CR1916, Honorable Frank Plaut, Judge Page 738 JUDGMENT AFFIRMED IN PART, REVERSED IN PART, SENTENCES […]

The People of the State of Colorado, Plaintiff-Appellee, v. James C. Joyce, Defendant-Appellant. No. 01CA1352.Colorado Court of Appeals. Division IV. October 10, 2002. Rehearing Denied November 14, 2002. Certiorari Denied May 12, 2003. Mesa County District Court No. 00CR0822; Honorable Amanda D. Bailey, Judge Page 522 JUDGMENT AFFIRMED Page 523 Ken Salazar, Attorney General, Michelle […]

The People of the State of Colorado, Plaintiff-Appellee, v. Keith Rivers, Defendant-Appellant. No. 00CA2275.Colorado Court of Appeals. Division I. November 21, 2002. Certiorari denied June 2, 2003. Arapahoe County District Court No. 99CR2748; Honorable Gerald J. Rafferty, Judge. JUDGMENT AFFIRMED Page 532 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

48 P.2d 807 ADY, JR. v. WEICKER TRANSFER AND STORAGE COMPANY. No. 13,518.Supreme Court of Colorado. Decided July 29, 1935. Money demand for services rendered. Judgment for plaintiff. Affirmed. 1. STATUTE OF FRAUDS — Debt of Another. Where one, to promote his own interest, promises to pay the debt of another, the transaction constitutes an […]

(515 P.2d 480) Federal Lumber Co., a Colorado corporation v. G. A. Hanley, Judy Hanley and Patricia J. Hanley — Four Corners Vacation Properties, Inc., v. Carolyn J. Fitzgerald, Judy Hanley and Patricia J. Hanley No. 72-281Colorado Court of Appeals. Decided August 21, 1973. Rehearing denied September 25, 1973. Certiorari denied November 19, 1973. Page […]

(596 P.2d 768) Larry Thomas v. The County Court in and for the County of Pueblo, Arthur E. Pendleton, Clerk of the Court and Judge Gordon R. Cooper No. 28156Supreme Court of Colorado. Decided June 25, 1979. County court, judge, and clerk, the defendants-appellants, bring this appeal pursuant to section 16-12-102, C.R.S. 1973 (1978 Repl. […]

Robert S. Sloat and Beth S. Sloat v. C. E. Matheny and Lola May Matheny No. 80SC74Supreme Court of Colorado. Decided March 30, 1981. Page 1032 Certiorari to the Colorado Court of Appeals Stephen J. Worrell, for petitioners. Houtchens, Houtchens and Daniel, Jerry C. Daniel, for respondents. En Banc. CHIEF JUSTICE HODGES delivered the opinion […]

(452 P.2d 375) David Primock v. E. Bentley Hamilton. No. 22421.Supreme Court of Colorado. Decided April 1, 1969. Action by proprietor of furniture store against his landlord to recover for damages to part of his inventory caused by bursting of hot water pipes which were part of heating system of building. From a summary judgment […]

(296 P.2d 235) GAYLE HECTOR, A MINOR, ETC. v. COSMOPOLITAN REALITY COMPANY, ETC. No. 17,744.Supreme Court of Colorado. Decided April 16, 1956. Action for damages for personal injuries sustained by plaintiff while operating a freight elevator. Judgment for defendant. Affirmed. Error to the District Court of the City and County of Denver, Hon. William A. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Fred Lanford, Defendant-Appellant. No. 92CA1362Colorado Court of Appeals. Decided June 3, 1993. Rehearing Denied July 8, 1993. Certiorari extension pending 08/18/93 (93SC498). Page 51 Appeal from the District Court of Adams County Honorable Donald W. Marshall, Jr., Judge Robert S. Grant, District Attorney, Michael J. Milne, […]

Janet Howard, Petitioner, v. The District Court, County of Jefferson, Colorado, and The Honorable Winston W. Wolvington, one of the Judges thereof, and The District Court, County of Routt, Colorado, and The Honorable Richard Doucette, one of the Judges thereof, Respondents. No. 83SA165Supreme Court of Colorado. Decided April 9, 1984. Original Proceeding George Alan Holley […]

489 P.2d 1050 Robert E. Haffke, Executor De Bonis Non of the Estate of Henry Linker, Deceased v. Clarence L. Linker and Henry Leroy Linker No. 71-018Colorado Court of Appeals. Decided September 8, 1971. Rehearing denied September 28, 1971. Certiorari granted November 8, 1971 (Haffke). Certiorari denied November 8, 1971 (Linker). Action by executor de […]

(338 P.2d 278) THE CRESSON CONSOLIDATED GOLD MINING AND MILLING CO., ET AL. v. J. E. WHITTEN, ET AL. No. 18,128.Supreme Court of Colorado. Decided April 20, 1959. Rehearing denied May 11, 1959. Action to determine right to the use of developed water. From a judgment for intervenors, third party defendants bring error. Reversed and […]

72 P.2d 474 HOWARD v. BARRETT ET AL. No. 14,147.Supreme Court of Colorado. Decided October 4, 1937. Suit to enjoin public trustee from issuing a trustee’s deed under foreclosure of senior deeds of trust and for reinstatement of a junior trust deed. Judgment for defendants. Affirmed. 1. APPEAL AND ERROR — Findings — Decree. Findings […]

(578 P.2d 647) The People of the State of Colorado v. Dan Warren Reynolds No. 27782Supreme Court of Colorado. Decided May 15, 1978. Appellee was charged with first-degree sexual assault and was acquitted. The People bring this appeal assigning as error the trial court’s ruling that the complaining witness could not assert the statutory physician-patient […]

37 P.2d 1093 POLLARD v. INDUSTRIAL COMMISSION ET AL. No. 13,616.Supreme Court of Colorado. Decided November 19, 1934. Proceeding under the Workmen’s Compensation Act. Judgment of the district court affirming the action of the Industrial Commission in refusing to reopen the case on its own motion. Affirmed. 1. WORKMEN’S COMPENSATION — Award — Review. By […]

Sandra R. Kemp, Plaintiff-Appellant, v. State Board of Agriculture and Colorado State University; Roselyn Keller, in her capacity as Conciliation Officer at Colorado State University; Dana Hiatt, in her capacity as Director of the Office of Equal Opportunity at Colorado State University; and Phillip Austin, in his capacity as President of Colorado State University, Defendants-Appellees. […]

(242 P.2d 812) JOHNSON ET AL. v. McLAUGHLIN ET AL. No. 16,765.Supreme Court of Colorado. Decided March 17, 1952. An action involving the right to oil and gas under the surface of real property. Judgment for plaintiffs. Affirmed. 1. REAL PROPERTY — Oil and Gas Rights — Treasurers’ Deeds. In an action involving the right […]

The PEOPLE of the State Of Colorado, Complainant, v. Joseph M. RIDDLE, Respondent. No. GC98B80.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. April 23, 1999. Amended May 5, 1999. FINDINGS OF FACT, CONCLUSIONS OF LAW AND IMPOSITION OF SANCTIONS [1] This matter was heard on March 2 and 3, 1999, before […]

(593 P.2d 975) The People of the State of Colorado v. Kerry Doyle Mikkleson No. 77-1008Colorado Court of Appeals. Decided January 11, 1979. Rehearing denied February 22, 1979. Certiorari granted April 23, 1979. Upon plea of guilty to first degree sexual assault, defendant was sentenced to from 20 to 30 years in the penitentiary, and […]

The People of the State of Colorado, Plaintiff-Appellee, v. Larry Eugene Blehm, Defendant-Appellant. No. 86CA0452Colorado Court of Appeals. Decided November 24, 1989. Rehearing Denied December 28, 1989. Certiorari Granted May 14, 1990 (90SC37). Certiorari Granted on the following issues: Whether the trial court erred in denying petitioner’s motion to dismiss the habitual criminal counts. Whether […]

In re the MARRIAGE OF Max A. NEVAREZ, Jr., Appellee, and Lourdes A. Nevarez, Appellant. No. 06CA0425.Colorado Court of Appeals. September 6, 2007. Appeal from the District Court, El Paso County, G., David Miller. J. Page 809 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

The People of the State of Colorado, Plaintiff-Appellee, v. Linda Ann Roberts, Defendant-Appellant. No. 92CA1528Colorado Court of Appeals. Decided November 18, 1993 Page 939 Appeal from the District Court of Delta County Honorable Robert A. Brown, Judge No. 92CR60 ORDER AFFIRMED Gale A. Norton, Attorney General, Raymond T. Slaughter, Chief Deputy Attorney General, Timothy M. […]

The People of the State of Colorado, Plaintiff-Appellant, v. Kenneth R. Cobbin, Defendant-Appellee. No. 84SA251Supreme Court of Colorado. Decided December 17, 1984. Interlocutory Appeal, District Court City and County of Denver Honorable Lynne M. Hufnagel, Judge Page 1070 Norman S. Early, Jr., District Attorney, O. Otto Moore, Assistant District Attorney, Brooke Wunnicke, Chief Appellate Deputy […]

(365 P.2d 39) ROBERT J. MADRID v. PEOPLE OF THE STATE OF COLORADO. No. 19,778.Supreme Court of Colorado. Decided October 2, 1961. Defendant was convicted of unlawful possession of marijuana and brings error. Affirmed. 1. CRIMINAL LAW — Arraignment — Record — Recitals — Collateral Attack. Where the record of an arraignment is claimed to […]

Subsequent Injury Fund, Petitioner, v. Rodney W. DeVore, Northwest Transport Service, Western Guaranty Fund Service, as Administrator of Funds of Colorado Insurance Guaranty Association, and the Industrial Claim Appeals Office of the State of Colorado, Respondents. No. 88CA1500Colorado Court of Appeals. Decided June 22, 1989. Certiorari Denied September 11, 1989 (89SC419). Rehearing Denied July 20, […]

David Shands, d/b/a Oxford Group Commercial Properties, Plaintiff-Appellee, v. Wm R. Winton, Ltd., Defendant-Appellant. No. 02CA1926Colorado Court of Appeals. November 20, 2003 Certiorari Denied May 24, 2004 Larimer County District Court No. 01CV0036; Honorable Arnaud Newton, Judge. JUDGMENT AFFIRMED Page 417 Law Office of Douglas D. Konkel, Douglas D. Konkel, Maureen J. Smith, Fort Collins, […]

(418 P.2d 291) Maurice Gidley and Pauline Gidley v. City of Colorado Springs. No. 20831.Supreme Court of Colorado. Decided September 26, 1966. Action by property owners to recover damages resulting from acts of city in lowering grade level of certain streets. Judgment for defendant. Reversed. 1. MUNICIPAL CORPORATIONS — Street Grade — Delegation of Authority […]

In re the Marriage of: Nancy Carolyn Rappe, Appellee, and Kenneth Allen Rappe, Appellant. No. 81CA1082Colorado Court of Appeals. Decided August 19, 1982. Appeal from the District Court of the City and County of Denver, Honorable John F. Sanchez, Judge. Page 1353 Epstein, Epstein and Lozow, P.C., Peter L. Franklin, Frederick Epstein, for appellee. Stephen […]

(615 P.2d 62) The People of the State of Colorado v. Terry Wayne Gordon No. 77-919Colorado Court of Appeals. Decided May 8, 1980. Rehearing denied June 12, 1980. Certiorari denied August 5, 1980. Defendant appealed his conviction of aggravated robbery. Affirmed 1. CRIMINAL LAW — Out-of-court Identification — Outside Courtroom — Circumstances — Not So […]

(618 P.2d 678) The People of the State of Colorado v. Terrance K. Marioneaux No. 77-1002Colorado Court of Appeals. Decided April 24, 1980. Rehearing denied June 12, 1980. Certiorari denied September 29, 1980. Defendant appealed his conviction of first degree murder. Affirmed 1. CRIMINAL LAW — Circumstances — Defendant Taken — Police Station — Treatment […]

In the Matter of the Title, Ballot Title and Submission Clause, and Summary adopted February 3, 1993, pertaining to the proposed Election Reform Amendment. George Dibble, Edythe Miller, and Susan E. Burch, Petitioners, and Douglas Bruce, Respondent, and Natalie Meyer, Ray Slaughter, and Rebecca Lennahan, Title Setting Board. No. 93SA50Supreme Court of Colorado. Decided May […]

(389 P.2d 850) SYLVESTER JUNIOR MINOR v. HARRY C. TINSLEY, WARDEN, COLORADO STATE PENITENTIARY. No. 20,818.Supreme Court of Colorado. Decided March 2, 1964. From the denial of his petition for a writ of habeas corpus, the petitioner brings error. Affirmed. 1. HABEAS CORPUS — Petition — Sufficiency — Denial. The trial court has authority to […]

(527 P.2d 928) In the Matter of the Estate of J. G. White, a/k/a Joseph G. White, a/k/a Joseph Guy White, Deceased. Lois M. White v. Stanley Robert White No. 74-080Colorado Court of Appeals. Decided October 1, 1974. Urging that trial court erred in determining will was not executed under Page 399 undue influence, caveatrix […]

(420 P.2d 229) Allen C. James v. The People of the State of Colorado. No. 21700Supreme Court of Colorado. Decided November 21, 1966. Defendant was convicted of larceny from the person and conspiracy to commit larceny from the person and brought error. Affirmed 1. LARCENY — Witness — Defense — Absolve — Statement — Guilt […]

169 P.2d 326 ESTATE OF BRANTNER. BRANTNER v. PAPISH. No. 15,470.Supreme Court of Colorado. Decided May 13, 1946. An action involving the admissibility of a will to probate. Judgment for proponent. Affirmed. 1. WILLS — Execution — Undue Influence — Evidence. In an action involving the admissibility of a will to probate, it is held, […]

(591 P.2d 1031) The People of the State of Colorado v. Thomas Thomson No. 27838Supreme Court of Colorado. Decided March 12, 1979. Defendant entered a plea of not guilty by reason of insanity to several charges arising from a shooting incident and the issue of his sanity was tried to a jury which returned a […]

8 P.2d 269 THE PEOPLE v. MILLER. No. 12,574.Supreme Court of Colorado. Decided February 8, 1932. Action by state to recover gasoline excise tax. Judgment of dismissal. Reversed. 1. LIMITATION OF ACTIONS — States. Unless a statute of limitations otherwise provides, it cannot be set up as a bar to any right or claim of […]

The People of the State of Colorado, Petitioner-Appellee, In the Interest of J.E.B., J.O.B., and C.B., Children, and Concerning S.B., Respondent-Appellant. No. 92CA0119Colorado Court of Appeals. Decided March 25, 1993. Rehearing Denied April 22, 1993. Certiorari Denied July 6, 1993 (93SC332). Appeal from the District Court of Washington County Honorable Joseph J. Weatherby, Judge Honorable […]

(445 P.2d 889) Nathaniel Jones v. The People of the State of Colorado. No. 22687.Supreme Court of Colorado. Decided October 21, 1968. Defendant was acquitted by a jury of burglary but found guilty of larceny and brings error. Affirmed. 1. SEARCHES AND SEIZURES — Precede — Follow — Arrest — Insignificant. It is insignificant whether […]

(370 P.2d 752) BAY AVIATION SERVICES COMPANY, ETC., v. THE DISTRICT COURT OF THE CITY AND COUNTY OF DENVER, ET AL. No. 20,108.Supreme Court of Colorado. Decided March 19, 1962. Rehearing denied April 30, 1962. Original proceeding challenging validity of service on foreign corporation. Rule to show cause issued. Rule Made Absolute. 1. PROCESS — […]

Frederick John SHAFRON, Plaintiff-Appellant, v. M. Michael COOKE, Executive Director, Department of Revenue, State of Colorado, Defendant-Appellee. No. 07CA0504.Colorado Court of Appeals. June 12, 2008. Appeal from the District Court, Elbert County, Vincent R. White, J. Declan Joseph O’Donnell, P.C., Declan J. O’Donnell, Castle Rock, Colorado, for Plaintiff-Appellant. John W. Suthers, Attorney General, Robert H. […]

186 P.2d 228 HARTWELL v. MINNEAPOLIS-MOLINE POWER IMPLEMENT COMPANY ET AL. No. 15,751.Supreme Court of Colorado. Decided November 3, 1947. An action for damages allegedly resulting from defendants’ failure or refusal to deliver to plaintiff certain harvesters ordered by him. Judgment for defendants. Affirmed. 1. CONTRACTS — Rescission. “A party to a contract cannot treat […]

(301 P.2d 347) LINDA BRAKHAHN, A MINOR, ETC. v. ALBERT HILDERBRAND. No. 17,908.Supreme Court of Colorado. Decided September 4, 1956. Rehearing denied October 1, 1956. Action for damages for personal injuries resulting from collision of automobile with cattle on highway. Judgment for defendant. Reversed and Remanded With Directions. 1. HIGHWAYS — Collision — Cattle — […]

42 P.2d 608 GUSTAFSON v. MAXWELL ET AL. No. 13,602.Supreme Court of Colorado. Decided March 4, 1935. Rehearing denied April 1, 1935. Suit in equity to set aside a claimed forfeiture of a lease of mining property. Judgment for defendants. Affirmed. 1. MINES AND MINING — Lease — Forfeiture. Contention of the assignee of a […]

The PEOPLE of the State of Colorado, Plaintiff-Appellant, and Boulder County Sheriffs Office, Appellant, Matthew Gibson CONNORS, Defendant-Appellee. No. 09CA0847.Colorado Court of Appeals. March 18, 2010. Appeal from the District Court, Boulder County, No. 04CR2193, Kristina Hansson, Magistrate. Page 1266 Stanley L. Garnett, District Attorney, Christopher C. Zenisek, Assistant District Attorney, Boulder, Colorado, for Plaintiff-Appellant. […]

Boselli Investments, L.L.C., Petitioner, v. Division of Employment, and the Industrial Claim Appeals Office of the State of Colorado, Respondents. No. 98CA1536Colorado Court of Appeals. January 7, 1999 Review of Order from the Industrial Claim Appeals Office of the State of Colorado, — No. 9721-1997 ORDER AFFIRMED Page 205 The Law Firm of Kevin J. […]

(437 P.2d 796) The Alameda Water and Sanitation District v. Darrell J. Skelton. No. 23018.Supreme Court of Colorado. Decided March 4, 1968. From judgment denying water and sanitation district’s motion to dismiss president’s petition for order of payment of attorney’s fees, the district brought error. Reversed. 1. WATER AND SANITATION DISTRICTS — Legal Fees — […]

(411 P.2d 10) Lupe Torres, Plaintiff, v. The People of the State of Colorado, Defendant. No. 21447Supreme Court of Colorado. Decided February 14, 1966. Defendant was convicted of burglary, larceny and conspiracy to commit burglary and larceny. From a denial of his motion to vacate sentence and judgment, defendant brought error. Affirmed 1. CRIMINAL LAW. […]

(599 P.2d 959) Kent Hoffman and Gary Levinson v. Samuel Brown, Ronald Brown, Harold Kapelovitz, Ken Jeung, Michael Cooper, Robert Rifkin, Gerald Kernie and Gary Mosko, individually and d/b/a Evans Joint Venture No. 78-1101Colorado Court of Appeals. Decided May 10, 1979. Rehearing denied June 14, 1979. Certiorari granted August 27, 1979. In action seeking a […]

24, Inc., Plaintiff-Appellant, v. Board of Equalization of Arapahoe County, and Board of Assessment Appeals of the State of Colorado, Defendants-Appellees. No. 89CA1827Colorado Court of Appeals. Decided October 11, 1990. Review of Order from the Board of Assessment Appeals of the State of Colorado. Page 1367 Downey, Stuart Knickrehm, P.C., Thomas E. Downey, Jr., Mary […]

The People of the State of Colorado, Plaintiff-Appellee, v. Brett Dewitt Brown, Defendant-Appellant. No. 00CA0821.Colorado Court of Appeals. Division IV. May 9, 2002. As Modified on Denial of Rehearing October 31, 2003. Certiorari denied May 19, 2003. Arapahoe County District Court No. 99CR0583; Honorable John P. Leopold, Judge. JUDGMENT AND SENTENCE AFFIRMED IN PART, REVERSED […]

(348 P.2d 382) THE CALIFORNIA COMPANY v. STATE OF COLORADO, ET AL. No. 18,652.Supreme Court of Colorado. Decided December 21, 1959. Action challenging validity of oil and gas severance tax. Judgment for defendants. Affirmed in Part. Reversed in Part. 1. TAXATION — Income Tax — Oil and Gas — Severance — Nature of Tax. There […]

(558 P.2d 439) The People of the State of Colorado v. Rafael Gomez, a/k/a Dale M. Langdon No. 27351Supreme Court of Colorado. Decided December 27, 1976. Defendant was arrested and charged with violation of section 16-19-103, C.R.S. 1973 (fugitive from another jurisdiction). From a dismissal of his petition for a writ of habeas corpus, petitioner […]

Seracuse Lawler Partners, Inc., a Colorado corporation, Marvin Hatami and Associates, Brady Corporation, a Colorado corporation, as Individuals, and doing business as Design Build Joint Venture Team, a Colorado joint venture, Plaintiffs-Appellees and Cross-Appellants, v. Copper Mountain, a Colorado limited partnership, Copper Mountain, Inc., a Delaware corporation, Defendants-Appellants and Cross-Appellees, and Broker House Development Corporation, […]

Aetna Casualty Surety Company, Plaintiff-Appellant, v. Canam Steel Corporation, a Delaware corporation, and Richard Weingardt Consultants, Inc., a Colorado corporation, Defendants-Appellees. No. 89CA0115Colorado Court of Appeals. Decided March 29, 1990. Opinion Modified, and as Modified Rehearing Denied June 8, 1990. Appeal from the District Court of the City and County of Denver Honorable Daniel B. […]

ALLIANCE FOR COLORADO’S FAMILIES, a Colorado unincorporated non-profit association, Petitioner-Appellant and Cross-Appellee v. Leland GILBERT, Respondent-Appellee and Cross-Appellant and Division of Administrative Hearings, Appellee and Colorado Secretary of State, Intervenor-Appellee. No. 05CA2137.Colorado Court of Appeals. November 1, 2007. Page 965 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]