William A. O’NEIL, Plaintiff-Appellant, v. WOLPOFF ABRAMSON, L.L.P., Defendant-Appellee. No. 08CA1461.Colorado Court of Appeals. April 2, 2009. Appeal from the District Court, City and County of Denver, Gloria A. Rivera, J. Paul F. Miller, Grand Junction, Colorado, for Plaintiff-Appellant. Law Offices of Bennett S. Aisenberg, P.C., Bennett S. Aisenberg, H. Paul Himes, Jr., Denver, Colorado; […]
Category: Colorado Court Opinions
KUHLMANN v. McCORMACK, 116 Colo. 300 (1947)
180 P.2d 863 KUHLMANN v. McCORMACK. No. 15,856.Supreme Court of Colorado. Decided May 5, 1947. An action to restrain foreclosure of a trust deed. Judgment for plaintiff. Affirmed. 1. APPEAL AND ERROR — Conflicting Evidence. Where the evidence in a case is conflicting, the appellate tribunal is bound by the conclusions of the trial court […]
HUSSER v. SCHOOL DISTRICT, 159 Colo. 590 (1966)
(413 P.2d 906) Orie E. Husser v. School District No. 11 in El Paso County, State of Colorado, et al. No. 20814Supreme Court of Colorado. Decided April 25, 1966. Action for damages for personal injuries allegedly resulting from the negligence of the defendants. From an adverse judgment, the plaintiff brings error. Reversed. 1. NEGLIGENCE. — […]
SIPES v. SIPES, 87 Colo. 301 (1930)
287 P. 284 SIPES v. SIPES ET AL. No. 12,266.Supreme Court of Colorado. Decided April 21, 1930. Action on contract. Judgment for defendants. Affirmed. 1. PLEADING — Principal and Agent. In an action on contract, to withstand a general demurrer it is not necessary that plaintiff plead the manner in which authority was conferred upon […]
BOARD, COMMRS., v. COLO. OIL, 81 P.3d 1119 (Colo.App. 2003)
Board of County Commissioners of LaPlata County, Board of County Commissioners of Archuleta County, Board of County Commissioners of Las Animas County, Board of County Commissioners of Routt County, and Board of County Commissioners of San Miguel County, Plaintiffs-Appellants, v. Colorado Oil and Gas Conservation Commission, an Agency of the State of Colorado, Defendant-Appellee. No. […]
PEOPLE v. GALLEGOS, 229 P.3d 306 (Colo.O.P.D.J. 2010)
The PEOPLE of the State of Colorado, Complainant v. Alex Frank GALLEGOS, Respondent. No. 09PDJ022.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. Court of Colorado. February 3, 2010. Attorney Regulation. Following a Sanctions Hearing, the Presiding Disciplinary Page 307 Judge disbarred Alex Frank Gallegos (Attorney Registration No. 24144) from the practice […]
CENTENNIAL WATER v. CITY COUNTY, 256 P.3d 677 (Colo. 2011)
Concerning the Application for Water Rights of the City and County of Broomfield in Adams, Broomfield, Boulder, and Weld Counties. CENTENNIAL WATER AND SANITATION DISTRICT and City of Boulder, Opposers-Appellants/Cross-Appellees v. CITY AND COUNTY OF BROOMFIELD, Applicant-Appellee/Cross-Appellant and City of Aurora, Brighton Ditch Company, City of Englewood, Farmers Reservoir and Irrigation Company, City of Longmont, […]
D.E.B. ADJ. v. CAWTHORNE, 623 P.2d 82 (Colo.App. 1981)
D.E.B. Adjustment Co. v. Burton L. Cawthorne No. 79CA0377Colorado Court of Appeals. Decided January 8, 1981. Appeal from the District Court of the City and County of Denver, Honorable Zita L. Weinshienk, Judge. Page 83 Davis and Michael, Robert C. Abelman, for plaintiff-appellee. Law Offices of Burton L. Cawthorne, Burton L. Cawthorne, for defendant-appellant. Division […]
GUY v. NELSON, 630 P.2d 610 (Colo. 1981)
Gary Burdett Guy v. Ed Nelson, duly elected and qualified Sheriff in and for the County of Arapahoe and State of Colorado No. 80SA313Supreme Court of Colorado. Decided July 6, 1981. Appeal from the District Court of Arapahoe County, Honorable Richard D. Greene, Judge. Page 611 Roger D. Witt, L. Gary Hebenstreit, for petitioner-appellant. J. […]
MEFFLEY v. CATTERSON, 132 Colo. 222 (1955)
(287 P.2d 45) WALTER E. MEFFLEY, ET AL. v. ALDEN D. CATTERSON, ET AL. No. 17,575.Supreme Court of Colorado. Decided August 8, 1955. Rehearing denied August 22, 1955. Action against a physician and another for damages for malpractice. The death of the physician being suggested the action was dismissed as to the decendent and the […]
ALLEN v. BAILEY, 91 Colo. 260 (1932)
14 P.2d 1087 ALLEN ET AL. v. BAILEY ET AL. No. 12,881.Supreme Court of Colorado. Decided September 12, 1932. Rehearing denied October 10, 1982. Action to apportion stock range on public domain, under chapter 125, S. L. ’29. Range apportioned. Affirmed. 1. CONSTITUTIONAL LAW — Burden of Proof. The burden of demonstrating the unconstitutionality of […]
IN RE ESTATE OF MORGAN, 160 P.3d 356 (Colo.App. 2007)
In re the ESTATE OF Sarah MORGAN, Respondent-Appellee, and El Paso County Department of Human Services, Appellant, v. Patricia L. Martin, Appellee. No. 06CA0200.Colorado Court of Appeals. March 8, 2007. Appeal from the District Court, El Paso County, No. 04PR 1073, Barbara L. Hughes, Magistrate. Page 357 Leo L. Finkelstein, Colorado Springs, Colorado, for Respondent-Appellee. […]
PEOPLE v. SAAVEDRA-RODRIGUEZ, 949 P.2d 86 (Colo.App. 1997)
The People of the State of Colorado, Plaintiff-Appellee, v. Patricio Saavedra-Rodriguez, Defendant-Appellant. No. 96CA0481Colorado Court of Appeals. May 1, 1997 Petitions for Rehearing DENIED June 12, 1997 Petition for Writ of Certiorari GRANTED January 12, 1998 Appeal from the District Court of Weld County, Honorable Jonathan W. Hays, Judge, No. 94CR666 JUDGMENT REVERSED AND CAUSE […]
NICHOLAS v. NORTH COLO. MEDICAL CENTER, 902 P.2d 462 (Colo.App. 1995)
William John Nicholas, M.D., F.A.C.C., Complainant-Appellee, and The Committee on Anticompetitive Conduct, State of Colorado, Appellee, v. North Colorado Medical Center, Inc., a Colorado not-for-profit corporation, and The Governing Board of Directors of the North Colorado Medical Center, Respondents-Appellants. No. 93CA1379Colorado Court of Appeals. Decided February 2, 1995. Petition for Rehearing Denied March 16, 1995. […]
WARRENBERG v. CLINE, 108 Colo. 179 (1941)
114 P.2d 302 WARRENBERG ET AL. v. CLINE. LOWDERMILK BROTHERS ET AL. v. CLINE. Nos. 14,936, 14,937.Supreme Court of Colorado. Decided June 2, 1941. Proceedings under the Workmen’s Compensation Act, involving the allowance of attorney fees. The court fixed the amount at a figure substantially larger than that allowed by the Industrial Commission. Reversed. 1. […]
PEOPLE v. BANNISTER, 619 P.2d 71 (Colo. 1980)
The People of the State of Colorado v. Peter Rodney Bannister No. 79SA556Supreme Court of Colorado. Decided November 10, 1980. Interlocutory Appeal from the District Court of El Paso County, Honorable John F. Gallagher, Judge. Robert L. Russel, District Attorney, Thomas A. Barnes, Deputy, for plaintiff-appellant. Robert M. Moyers, for defendant-appellee. En Banc. JUSTICE ERICKSON […]
ENGLEWOOD v. ENGLEWOOD CAREER SERVICE BD., 793 P.2d 585 (Colo.App. 1989)
City of Englewood, a Colorado Home Rule City, Plaintiff-Appellee, v. Englewood Career Service Board and John L. Leydon, Defendants-Appellants. No. 88CA0549Colorado Court of Appeals. Decided September 7, 1989. Rehearing Denied September 28, 1989. Certiorari Denied February 20, 1990 (89SC591). Appeal from the District Court of Arapahoe County Honorable Kenneth K. Stuart, Judge Page 586 John […]
DOMINION CO. v. LAMB, 119 Colo. 62 (1948)
201 P.2d 372 DOMINION OIL COMPANY v. LAMB ET AL. No. 15,957.Supreme Court of Colorado. Decided November 29, 1948. Rehearing denied January 3, 1949. An action to enforce specific performance of a contract, and for damages. Judgment for plaintiff except on the issue raised by the second defense of the answer. Affirmed in Part. Reversed […]
OLIVER v. AMITY MUTUAL, 994 P.2d 495 (Colo.App. 1999)
Larry Joe Oliver and Lois Ann Oliver, Plaintiffs-Appellees, v. The Amity Mutual Irrigation Company, Defendant-Appellant. No. 98CA1898Colorado Court of Appeals. December 23, 1999 Appeal from the District Court of Prowers County, Honorable Garth L. Nieschburg, Judge, No. 96CV25. JUDGMENT AFFIRMED Page 496 George McLachlan, Lamar, Colorado, for Plaintiffs-Appellees. Shinn, Steerman Shinn, Donald L. Steerman, Carl […]
PEOPLE v. SHARP, 143 P.3d 1047 (Colo.App. 2005)
The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Brett Wayne SHARP, Defendant-Appellant. No. 04CA0619.Colorado Court of Appeals. November 3, 2005. Rehearing Denied December 22, 2005.[*] Certiorari Granted October 10, 2006.[**] [*] Graham, J., would GRANT petition of Plaintiff-Appellee. [**] Justice EID does not participate. Chief Justice MULLARKEY would grant as to the following issue: […]
PEOPLE v. MALOUFF, 721 P.2d 159 (Colo.App. 1986)
The People of the State of Colorado, Plaintiff-Appellee, v. Thomas Joseph Malouff, Defendant-Appellant. No. 85CA0702Colorado Court of Appeals. Decided May 15, 1986. Appeal from the District Court of the City and County of Denver Honorable Connie L. Peterson, Judge Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, Solicitor General, […]
PEOPLE v. RAZATOS, 699 P.2d 970 (Colo. 1985)
The People of the State of Colorado, Complainant, v. Peter S. Razatos, Attorney-Respondent. No. 80SA249Supreme Court of Colorado. Decided May 20, 1985. Page 971 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 972 Original Proceedings in Discipline Linda Donnelly, Disciplinary Prosecutor, Philip […]
SOWARDS v. PEOPLE, 158 Colo. 557 (1965)
(408 P.2d 441) Opie Sowards v. The People of the State of Colorado. No. 21078Supreme Court of Colorado. Decided December 13, 1965. Defendant was convicted of assault with a deadly weapon and brings error. Reversed and Remanded. 1. ASSAULT AND BATTERY — Deadly Weapon — Sufficiency of Evidence — Charge — — Statute. Evidence was […]
LEVERAGE LEASING CO. v. SMITH, 143 P.3d 1164 (Colo.App. 2006)
LEVERAGE LEASING CO., Plaintiff-Appellant, v. Carol S. SMITH and Kenneth A. Smith, Defendants-Appellees. No. 05CA0432.Colorado Court of Appeals. August 10, 2006. Appeal from the District Court, Jefferson County, Christopher J. Munch, J. Page 1165 Harry L. Simon, P.C., Harry L. Simon, Russell B. Klein, Denver, Colorado, for Plaintiff-Appellant. Boatright, Ripp Sharpe, LLC, Gerald E. Boatright, […]
STATE FUND v. INDUSTRIAL COMM., 135 Colo. 570 (1957)
(314 P.2d 288) STATE COMPENSATION INSURANCE FUND, ET AL. v. INDUSTRIAL COMMISSION OF COLORADO, ET AL. No. 18,284.Supreme Court of Colorado. Decided July 29, 1957. Rehearing denied September 3, 1957. From a judgment affirming an award of the Industrial Commission granting death benefits to claimant, the State Compensation Fund and another bring error. Reversed and […]
JACKSON v. UTILITIES CORP., 128 Colo. 477 (1953)
(263 P.2d 812) JACKSON v. MOUNTAIN UTILITIES CORPORATION. No. 17,056.Supreme Court of Colorado. Decided November 23, 1953. Rehearing denied December 14, 1953. An action for damages for personal injuries resulting to plaintiff when he passed in the vicinity of power transmission wires of defendant corporation. Judgment for defendant. Affirmed. 1. PRACTICE AND PROCEDURE — Rules […]
BRADLEY v. ANDREWS, 91 Colo. 378 (1932)
14 P.2d 1086 BRADLEY v. ANDREWS. No. 12,707.Supreme Court of Colorado. Decided October 3, 1932. Action for accounting. Judgment for plaintiff. Reversed. 1. CONTRACTS — Termination. A contract which is of indefinite duration may be terminated at any time, with or without cause. 2. MINES AND MINERALS — Grubstake Contract. Ordinarily, one who furnishes the […]
PEOPLE v. HELLER, 698 P.2d 1357 (Colo.App. 1984)
The People of the State of Colorado, Plaintiff-Appellee, v. Richard G. Heller, Defendant-Appellant. No. 82CA0918Colorado Court of Appeals. Decided August 30, 1984. Rehearing Denied September 27, 1984. Certiorari Granted April 15, 1985. Appeal from the District Court of the City and County of Denver Honorable Warren O. Martin, Judge Page 1358 [EDITORS’ NOTE: THIS PAGE […]
PEOPLE v. REYES, 956 P.2d 1254 (Colo. 1998)
The People of the State of Colorado, Plaintiff-Appellant, v. Redgan Reyes, Defendant-Appellee. No. 97SA429Supreme Court of Colorado. March 16, 1998 Interlocutory Appeal from the District Court, Adams County, Honorable C. Vincent Phelps, Jr., Judge RULING REVERSED AND CASE REMANDED Robert S. Grant, District Attorney, Seventeenth Judicial District, Michael J. Milne, Senior Deputy District Attorney, Brighton, […]
IN RE MARRIAGE OF SCHMITT, 89 P.3d 510 (Colo.App. 2004)
In re the Marriage of Julie Deanna Schmitt, n/k/a Julie Deanna Jones, Appellant, and James Donald Schmitt, Appellee. No. 02CA1250.Colorado Court of Appeals. February 26, 2004. Douglas County District Court No. 97DR0141, Honorable Jack F. Smith, Judge. In this post-dissolution proceeding concerning an arbitration award granting child support to Julie Deanna Schmitt, n/k/a Julie Deanna […]
PEOPLE v. NELSON, 172 Colo. 456 (1970)
(474 P.2d 158) The People of the State of Colorado v. Jeffrey Nelson. No. 24749.Supreme Court of Colorado. Decided September 8, 1970. Interlocutory appeal from a decision of the district court denying one part of a three-part motion to suppress evidence in a case charging defendant with possession of a narcotic drug, namely, cannabis, in […]
INDUSTRIAL COM. v. HAYDEN CO., 113 Colo. 62 (1944)
155 P.2d 158 INDUSTRIAL COMMISSION ET AL. v. HAYDEN COAL COMPANY ET AL. No. 15,527.Supreme Court of Colorado. Decided December 18, 1944. Rehearing denied January 8, 1945. A proceeding under the Workmen’s Compensation Act. The judgment was adverse to claimant. Reversed. 1. WORKMEN’S COMPENSATION — Course of Employment. If the place at which an injury […]
PEOPLE v. ARAPAHOE CTY. CT., 74 P.3d 429 (Colo.App. 2003)
The People of the State of Colorado, Petitioner-Appellant, v. Arapahoe County Court and The Honorable Alex R. Bencze, Respondents-Appellees, and Joseph J. Verbrugge, Intervenor-Appellee. No. 02CA0060.Colorado Court of Appeals. Div. II. January 30, 2003. Rehearing Denied March 27, 2003. Certiorari Denied August 18, 2003. Arapahoe County District Court No. 01CV1807; Honorable Thomas C. Levi, Judge. […]
DURA v. MARSHALL MFG. CO., 35 Colo. App. 227 (1975)
(532 P.2d 746) Denver Urban Renewal Authority, a body corporate and politic of the State of Colorado v. The Marshall Manufacturing Company, a Colorado corporation; Security Life and Accident Company, a Colorado corporation; Joseph T. Ryerson Son, Inc., a Delaware corporation; United Bank of Denver, formerly Denver United States National Bank, a National Banking Association; […]
PEOPLE v. LOGGINS, 981 P.2d 630 (Colo.App. 1998)
The People of the State of Colorado, Plaintiff-Appellee, v. Byron A. Loggins, Defendant-Appellant. No. 96CA0154Colorado Court of Appeals. October 29, 1998 As Modified on Denial of Rehearing December 17, 1998. Certiorari Denied August 16, 1999.[*] [*] Justice SCOTT does not participate. Appeal from the District Court of Arapahoe County, Honorable Harold Reed, Judge, No. 95CR483 […]
CRAWFORD v. MELVIN, 79 Colo. 414 (1926)
246 P. 283 CRAWFORD v. MELVIN, ET AL. No. 11,348.Supreme Court of Colorado. Decided May 3, 1926. Action for damages for fraud and deceit. Judgment for plaintiffs. Reversed. 1. FRAUD — Corporate Stock — Damages. In an action for damages for fraud and deceit in the sale of corporate stock, there can be no recovery […]
PEOPLE v. BOULDER, 135 Colo. 247 (1957)
(309 P.2d 1009) PEOPLE OF THE STATE OF COLORADO, EX REL. DUKE W. DUNBAR, ATTORNEY GENERAL v. JOSEPH C. BOULDER. No. 18,170.Supreme Court of Colorado. Decided April 15, 1957. Original Proceedings in disbarment. Respondent Suspended. 1. ATTORNEY AND CLIENT — Standard of Behavior — Suspension — Grounds. An attorney at law who was employed to […]
HILL v. STANOLIND CO., 119 Colo. 477 (1949)
205 P.2d 643 HILL ET AL. v. STANOLIND OIL AND GAS COMPANY ET AL. No. 16,091.Supreme Court of Colorado. Decided March 28, 1949. An action involving the construction of an oil and gas lease. Judgment for defendant Stanolind Oil and Gas Company. Affirmed. 1. WORDS AND PHRASES — Rental. “Rental is compensation for the use […]
ST. LOUIS v. PEOPLE, 120 Colo. 345 (1949)
209 P.2d 538 ST. LOUIS v. THE PEOPLE. No. 16,137.Supreme Court of Colorado. Decided July 22, 1949. Rehearing denied August 29, 1949. Plaintiff in error was found guilty of causing the death of a person by operating an automobile while under the influence of intoxicating liquor; involuntary manslaughter; and recklessly driving a vehicle. Affirmed. 1. […]
SANOFF v. PEOPLE, 187 P.3d 576 (Colo. 2008)
Terry SANOFF, Petitioner v. The PEOPLE of the State of Colorado, Respondent. No. 06SC810.Supreme Court of Colorado. June 30, 2008. Appeal from the District Court, El Paso County, Kenneth E. Barnhill, J. Douglas K. Wilson, Colorado State Public Defender, Mark G. Walta, Deputy State Public Defender, Karen N. Taylor, Deputy State Public Defender, Denver, Colorado, […]
TRUCKING CO. v. OYAMA, 117 Colo. 359 (1947)
188 P.2d 442 DENVER-CHICAGO TRUCKING COMPANY v. OYAMA ET AL., DOING BUSINESS AS MODERN FOOD PRODUCTS COMPANY. No. 15,747.Supreme Court of Colorado. Decided December 8, 1947. An action against a carrier for damages to goods in transit. Judgment for plaintiffs. Reversed. 1. JUDGMENTS ON PLEADINGS — Motions. On motion for judgment upon the pleadings the […]
PEOPLE v. KINGERY, 189 Colo. 56 (1975)
(536 P.2d 822) The People of the State of Colorado v. Richard Kingery No. 26111Supreme Court of Colorado. Decided June 16, 1975. Defendant was convicted on each of two counts: (1) for having in his possession for sale a narcotic drug, cannabis, with intent to induce or aid another to unlawfully possess a narcotic drug, […]
BROWN v. PEOPLE, 138 Colo. 354 (1958)
(332 P.2d 996) BOBBY RAY BROWN v. PEOPLE OF THE STATE OF COLORADO. No. 18,634.Supreme Court of Colorado. Decided December 22, 1958. Defendant was convicted of the crime of burglary and brings error. Affirmed. 1. CRIMINAL LAW — Evidence — Objection — Waiver. Where testimony of a similar offense was elicited from a witness and […]
STATE OF KANSAS EX REL. DANIELS v. DANIELS, 817 P.2d 632 (Colo.App. 1991)
State of Kansas Obligee-Appellee, ex rel. Jeanne Daniels, v. Kenneth R. Daniels, Obligor-Appellant. No. 90CA1469Colorado Court of Appeals. Decided August 15, 1991. Appeal from the District Court of Adams County Honorable Thomas R. Ensor, Judge. Page 633 Robert J. Loew, County Attorney, Ingrid H. Holmes, Assistant County Attorney, for Obligee-Appellee. Richard O’Brien Moore, for Obligor-Appellant. […]
SUNNY ACRES VILLA, INC. v. COOPER, 25 P.3d 44 (Colo. 2001)
Sunny Acres Villa, Inc., Petitioner v. Charla Sue Cooper, Respondent. No. 99SC865Supreme Court of Colorado. May 29, 2001 Rehearing Denied June 25, 2001[*] [*] Chief Justice MULLARKEY, Justice MARTINEZ and Justice BENDER would grant. Certiorari to the Colorado Court of Appeals, Court of Appeals No. 98CA1343 JUDGMENT REVERSED AND CASE REMANDED No. 99SC865, Sunny Acres […]
DRISCOLL v. PEOPLE, 77 P.3d 471 (Colo.O.P.D.J. 2003)
Robert Justin Driscoll v. People of the State of Colorado. No. 02PDJ031.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. September 29, 2003. [1] Attorney Regulation. [2] Robert Justin Driscoll, attorney registration number 05729 was reinstated to the practice of law effective September 29, 2003. [3] Opinion Issued by Presiding Disciplinary Judge […]
BREWER v. WILLIAMS, 147 Colo. 146 (1961)
(362 P.2d 1033) LOIS BREWER v. D. MEREDITH WILLIAMS. No. 19,375.Supreme Court of Colorado. Decided July 3, 1961. Action for broker’s commission. Judgment for plaintiff. Affirmed. 1. APPEAL AND ERROR — Evidence — Sufficiency — Conflict. Where evidence was sufficient to support findings of trial court, evidence in support of a contrary view presented by […]
PEOPLE v. STEERMAN, 735 P.2d 876 (Colo. 1987)
The People of the State of Colorado, Plaintiff-Appellant, v. Dana L. Steerman, Defendant-Appellee. No. 85SA109Supreme Court of Colorado. Decided April 20, 1987. Appeal from District Court, Montezuma County Honorable Robert R. Wilson, District Judge Page 877 Dean J. Johnson, District Attorney, Roberta Jean Early, Deputy District Attorney, Stephen Strauss, Deputy District Attorney, for Plaintiff-Appellant. Mark […]
PEOPLE v. PERRY, 981 P.2d 667 (Colo.App. 1999)
The People of the State of Colorado, Plaintiff-Appellee, v. Patrick S. Perry, Defendant-Appellant. No. 97CA1628Colorado Court of Appeals. January 21, 1999 Rehearing Denied February 25, 1999. Certiorari Denied August 16, 1999.[*] [*] Justice SCOTT does not participate. Appeal from the District Court of Jefferson County, Honorable James D. Zimmerman, Judge, No. 96CR855 ORDER AFFIRMED Gale […]
BIJOU IRRIGATION DISTRICT v. BARNETT, 832 P.2d 713 (Colo. 1992)
Bijou Irrigation District, Petitioner-Appellant, v. Douglas K. Barnett, Respondent-Appellee. No. 91SA385Supreme Court of Colorado. Decided July 13, 1992. Appeal from the District Court, Morgan County Honorable Joseph J. Weatherby, Judge. Epperson, McClary, Zorn McClary, Donald F. McClary, Andrew F. McClary, for Petitioner-Appellant. Respondent-Appellee not appearing. EN BANC JUSTICE ERICKSON delivered the Opinion of the Court. […]
PEOPLE v. TOWERY, 194 Colo. 486 (1978)
(573 P.2d 104) The People of the State of Colorado v. James Kevin Towery No. 27822Supreme Court of Colorado. Decided January 16, 1978 Interlocutory appeal by the People from the trial court’s order suppressing certain evidence and statements made by defendant charged with felony theft. Reversed 1. SEARCHES AND SEIZURES — Warrants — Non-Forcible Entry […]
BUZICK v. PUBLIC EMPLOYEES’ RETIREMENT ASS’N, 849 P.2d 869 (Colo.App. 1992)
Larry Buzick, M. Lee Maurer, and William S. Daley, Plaintiffs-Appellants, v. Public Employees’ Retirement Association of Colorado, Defendant-Appellee. No. 91CA1403Colorado Court of Appeals. Decided September 24, 1992. Rehearing Denied October 29, 1992. Certiorari Denied April 12, 1993 (92SC779). Appeal from the District Court of the City and County of Denver Honorable Edward A. Simons, Judge […]
ANIMAS VALLEY v. BOARD OF COUNTY, 8 P.3d 522 (Colo.App. 2000)
Animas Valley Sand and Gravel, Inc., a Colorado corporation, Plaintiff-Appellant, v. The Board of County Commissioners of the County of La Plata, Colorado, Defendant-Appellee. No. 98CA1474Colorado Court of Appeals. February 3, 2000 Appeal from the District Court of La Plata County, Honorable Gregory G. Lyman, Judge, No. 96CV45 JUDGMENT REVERSED AND CAUSE REMANDED WITH DIRECTIONS […]
HARTFORD CO. v. CLIFTON, 117 Colo. 547 (1948)
190 P.2d 909 HARTFORD ACCIDENT AND INDEMNITY COMPANY ET AL. v. JULIA S. CLIFTON ET AL. No. 15,979.Supreme Court of Colorado. Decided February 24, 1948. A proceeding under the Workmen’s Compensation Act. The original employer and its insurance carrier held liable for payment of compensation to the widow of a deceased employee. Affirmed. 1. WORKMEN’S […]
NATIONAL HEALTH LAB. v. INDUS. CLAIM APP., 844 P.2d 1259 (Colo.App. 1992)
National Health Laboratories and CNA Insurance Companies, Petitioners, v. The Industrial Claim Appeals Office of the State of Colorado and Angela M. Sullivan, Respondents. No. 92CA0309Colorado Court of Appeals. Decided September 10, 1992. Rehearing Denied October 22, 1992. Certiorari Denied February 16, 1993 (92SC717). Review of Order from the Industrial Claim Appeals Office of the […]
PEOPLE v. HIVELY, 173 Colo. 485 (1971)
(480 P.2d 558) The People of the State of Colorado v. Craig C. Hively. No. 25001.Supreme Court of Colorado. Decided February 8, 1971. Interlocutory appeal from an order of the district court denying defendant-appellant’s motions to suppress evidence seized by officers of the narcotics bureau of the police department. Ruling Affirmed. 1. SEARCHES AND SEIZURES […]
PEOPLE v. STEVENS, 183 Colo. 399 (1973)
(517 P.2d 1336) The People of the State of Colorado v. Nancy Ann Stevens No. 25483Supreme Court of Colorado. Decided December 31, 1973. Rehearing denied January 21, 1974. Defendant was convicted of possession of marijuana and of violation of the contraband statute and appealed. Affirmed 1. CRIMINAL PROCEDURE — Suppression Motion — Discretionary — Appeal […]
HAHN v. SCHOOL DISTRICT, 125 Colo. 563 (1952)
(245 P.2d 288) HAHN v. SCHOOL DISTRICT NO. 4 ROUTT COUNTY. No. 16,716.Supreme Court of Colorado. Decided June 2, 1952. An action by a school teacher to recover salary under the terms of a contract. Judgment for defendant. Affirmed 1. SCHOOLS — Teachers — Salary — Appeal and Error. In an action by a school […]
COPELAND v. MBNA AMERICA, N.A., 883 P.2d 564 (Colo.App. 1994)
Brian K. Copeland, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. MBNA America, N.A., Defendant-Appellee. No. 93CA1191Colorado Court of Appeals. Decided May 19, 1994. Rehearing denied June 23, 1994. Petition for Writ of Certiorari GRANTED October 24, 1994. Appeal from the District Court of the City and County of Denver Honorable Connie […]
PEOPLE v. WINTERS, 789 P.2d 1120 (Colo.App. 1990)
The People of the State of Colorado, Plaintiff-Appellant, v. Robert Alexander Winters, Defendant-Appellee. No. 89CA0527Colorado Court of Appeals. Decided February 22, 1990. Appeal from the District Court of Boulder County Honorable Richard McLean, Judge Alexander M. Hunter, District Attorney, Bryan Quirman, Deputy District Attorney, for Plaintiff-Appellant. No Appearance for Defendant-Appellee. Division IV. Opinion by JUDGE […]
OLSEN AND BROWN v. CITY OF ENGLEWOOD, 889 P.2d 673 (Colo. 1995)
Olsen And Brown, a law partnership, and John R. Olsen, Petitioners, v. City of Englewood, a Colorado Home Rule City, Respondent. No. 93SC537Supreme Court of Colorado. Decided January 30, 1995 Certiorari to the Colorado Court of Appeals. JUDGMENT AFFIRMED. Page 674 Olsen and Brown, John R. Olsen, Boulder, Colorado, Attorneys for Petitioners. Hall and Evans, […]
SUKLE v. PEOPLE, 109 Colo. 363 (1942)
125 P.2d 151 SUKLE v. THE PEOPLE. No. 15,090.Supreme Court of Colorado. Decided April 20, 1942. Plaintiff in error was convicted of murder in the first degree and sentenced to death. Affirmed. 1. APPEAL AND ERROR — Criminal Law — Harmless Error. A ruling by the trial court on the admissibility of evidence which is […]
PEOPLE v. BLAIR, 08PDJ085 (Colo.O.P.D.J. 9-9-2008)
People v. Blair. 08PDJ085.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. September 9, 2008. Attorney Regulation. The Presiding Disciplinary Judge approved a Conditional Admission of Misconduct submitted by the parties and publicly censured Jolene C. Blair (Attorney Registration No. 15934), effective September 9, 2008. Respondent and another district attorney negligently failed […]
LUCERO v. PEOPLE, 165 Colo. 315 (1968)
(438 P.2d 693) Albert Michael Lucero v. The People of the State of Colorado. No. 22583.Supreme Court of Colorado. Decided March 25, 1968. Rehearing denied April 8, 1968. Defendant was convicted of possession of narcotics and brought error. Affirmed. 1. ARREST — Without Warrant — Probable Cause — Suspect — Burglary — Narcotics — Seizure […]
WILSON v. PEOPLE, 742 P.2d 322 (Colo. 1987)
W. C. Wilson, Petitioner, v. The People of the State of Colorado, Respondent. No. 85SC311Supreme Court of Colorado. Decided September 8, 1987. Rehearing Denied October 5, 1987. Page 323 Certiorari to the Colorado Court of Appeals David F. Vela, Colorado State Public Defender, Peggy O’Leary, Deputy State Public Defender, for Petitioner. Duane Woodard, Attorney General, […]
PEOPLE v. PERKELL, 969 P.2d 703 (Colo. 1998)
The People of the State of Colorado, Complainant, v. Mark R. Perkell, Attorney-Respondent. No. 98SA436Supreme Court of Colorado. December 14, 1998 Original Proceeding in Discipline PUBLIC CENSURE Linda Donnelly, Disciplinary Counsel, James S. Sudler, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. Otto K. Hilbert, II, Denver, Colorado, Attorney for Attorney-Respondent. EN BANC PER CURIAM […]
LEICK v. PEOPLE, 131 Colo. 353 (1955)
(281 P.2d 806) LeROY ADOLPH LEICK v. PEOPLE OF THE STATE OF COLORADO. No. 17,506.Supreme Court of Colorado. Decided March 31, 1955. Rehearing denied April 6, 1955. Plaintiff in error was convicted of first degree murder. Reversed. 1. CONSTITUTIONAL LAW — Due Process. A defendant claiming to have been denied due process of law in […]
PEOPLE IN INT. OF C.B., 40 Colo. App. 43 (1977)
(572 P.2d 843) The People of the State of Colorado, In the Interest of C.B., and Concerning M.B. No. 77-170Colorado Court of Appeals. Decided September 1, 1977. Rehearing denied October 13, 1977. Certiorari granted December 27, 1977. Upon finding by “convincing” evidence that juvenile on probation committed acts which would constitute third degree assault and […]
COLORADO BD. ACCT. v. PAROSKE, NO., 39 P.3d 1283 (Colo.App. 2001)
Colorado State Board of Accountancy, Appellee, v. John S. Paroske, Respondent-Appellant. No. 00CA2390Colorado Court of Appeals. December 20, 2001 Colorado State Board of Accountancy No. AC 2000-1 ORDER AFFIRMED Page 1284 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 1285 Ken Salazar, […]
EVEREADY v. FREIGHT v. PUB. UTIL., 167 Colo. 577 (1969)
449 P.2d 642 Eveready Freight Service, Inc. v. The Public Utilities Commission of the State of Colorado, and Denver-Climax Truck Line, Inc. No. 23347.Supreme Court of Colorado. Decided January 13, 1969. Rehearing denied February 10, 1969. From district court judgment affirming Public Utilities Commission’s refusal to grant applicant common carrier permission to haul sodium silicate […]
PEOPLE v. WEBB, 189 Colo. 400 (1975)
(542 P.2d 77) The People of the State of Colorado v. Bobby Joe Webb No. 26049Supreme Court of Colorado. Decided October 6, 1975. Rehearing denied November 10, 1975. Defendant was convicted of manslaughter and appealed. Reversed 1. HOMICIDE — Manslaughter — Subsection of Statute — Unconstitutional. Under People v. Calvaresi, 188 Colo. 277, 534 P.2d […]
AMERICAN FAMILY INS. v. MURAKAMI, 169 P.3d 192 (Colo.App. 2007)
AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Plaintiff-Appellee, v. Ashley MURAKAMI, Defendant-Appellant. No. 05CA1472.Colorado Court of Appeals. February 22, 2007. Certiorari Denied October 1, 2007. Appeal from the District Court, El Paso County, Larry E. Schwartz, J. Retherford, Mullen, Johnson Bruce, LLC, Jerry A. Retherford, Scot W. Greenwood, Neil C. Bruce, Colorado Springs, Colorado, for Plaintiff-Appellee. Lloyd […]
PEOPLE v. SALMON, 03PDJ107 (Colo.O.P.D.J. 9-28-2007)
People v. Salmon. 03PDJ107.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. September 28, 2007. Attorney Regulation. The Presiding Disciplinary Judge approved a Conditional Admission of Misconduct submitted by the parties and suspended John Grosvenor Salmon (Attorney Registration No. 04866) from the practice of law for a period of nine months, effective […]
DEWEY v. HARDY, 917 P.2d 305 (Colo.App. 1995)
William Dewey, Plaintiff-Appellee and Cross-Appellant, v. Charlene Hardy and William G. Hardy, Defendants-Appellants and Cross-Appellees. No. 94CA0490Colorado Court of Appeals. Decided September 14, 1995 Petition for Rehearing DENIED October 19, 1995 Petition for Writ of Certiorari DENIED May 28, 1996 Appeal from the District Court of El Paso County Honorable David D. Parrish, Judge No. […]
SMITH v. JBJ, LTD., 694 P.2d 352 (Colo.App. 1984)
Verne Smith and Lois Smith, Plaintiffs-Appellees and Cross-Appellants, v. JBJ Limited, a partnership, Defendant-Appellant and Cross-Appellee. No. 82CA1410Colorado Court of Appeals. Decided October 11, 1984. Rehearing Denied November 23, 1984. Appeal from the District Court of Jefferson County Honorable Winston W. Wolvington, Judge Page 353 Polidori, Rasmussen, Gerome and Jacobson, Dennis J. Jacobson, Gary L. […]
DENVER v. PEOPLE, 103 Colo. 565 (1939)
88 P.2d 89 CITY AND COUNTY OF DENVER v. THE PEOPLE. No. 14,367.Supreme Court of Colorado. Decided February 14, 1939. Rehearing denied March 13, 1939. Action by the people against the City and County of Denver to recover eighty-five per cent of liquor license fees collected by the city under the provisions of chapters 82 […]
NAIMAN v. FLICKINGER ASSOC., 43 Colo. App. 279 (1979)
(605 P.2d 63) Jack Naiman, d/b/a The Naiman Company, 3950 Sorrento Valley Blvd., San Diego, California 92121, and Montbello I, II and III, a General Partnership v. Warren A. Flickinger Associates, Ltd., by and through Warren A. Flickinger, Authorized Agent, 7290 Samuel Drive, Suite 301, Denver, Colorado 80221 v. Sol Flax and Associates, Inc., and […]
COUNTY COMM. v. DENVER, 194 Colo. 252 (1977)
(571 P.2d 1094) The Board of County Commissioners of the County of Jefferson, State of Colorado, a body politic and corporate; John A. Topolnicki; Darrel M. Pinckney; Richard Hollowell; Patricia Hollowell; Jerry Grosvenor; and Danna B. Grosvenor v. The City and County of Denver, State of Colorado, a municipal corporation; The City Council of the […]
PEOPLE v. WRIGHT, 638 P.2d 251 (Colo. 1981)
The People of the State of Colorado v. Paul T. Wright No. 81SA357Supreme Court of Colorado. Decided November 17, 1981. Original Proceeding in Discipline Page 252 Philip A. Harley, Office of the Disciplinary Prosecutor, for complainant. Haddon, Morgan Foreman, P.C., Harold A. Haddon, for respondent. En Banc. JUSTICE QUINN delivered the opinion of the Court. […]
ELK RIVER v. HUSKIN, 691 P.2d 1148 (Colo.App. 1984)
Elk River Associates, a Colorado limited partnership, Donald W. Cook, and Eugene Frink, as general partners of Elk River Associates and as limited partners of Elk River Associates, Donald W. Cook and Eugene Frink as representative parties in behalf of the class of persons who are limited partners of Elk River Associates, to-wit: Fred J. […]
PEOPLE v. TRUJILLO, 30 P.3d 760 (Colo.App. 2000)
The People of the State of Colorado, Plaintiff-Appellee, v. Theodore Alex Trujillo, Defendant-Appellant. No. 98CA2575Colorado Court of Appeals. December 21, 2000 As Modified on Denial of Rehearing May 24, 2001 Certiorari Granted September 10, 2001 Appeal from the District Court of Jefferson County, Honorable Frank Plaut, Judge, Honorable Leland P. Anderson, Judge, No. 97CR1368. JUDGMENT […]
O’NEAL v. RELIANCE MORTGAGE, 721 P.2d 1230 (Colo.App. 1986)
Douglas O’Neal, Donald Wendling, and Daniel Fodor, Plaintiffs-Appellees, v. Reliance Mortgage Corporation, a Colorado corporation, Defendant-Appellant. No. 84CA0840Colorado Court of Appeals. Decided May 22, 1986. Appeal from the District Court of the City and County of Denver Honorable Daniel B. Sparr, Judge Honorable Marvin W. Foote, Judge Page 1231 Bettenberg, Miller, Makkai and Dowdle, Patrick […]
MARTIN v. DIST. CT., 191 Colo. 107 (1976)
(550 P.2d 864) Janet Martin v. The District Court in and for the County of Montrose and The Honorable Fred Calhoun, one of the Judges of said Court, and Colorado Department of Social Services Merit System Council No. 27159Supreme Court of Colorado. Decided June 7, 1976. Original proceeding in the nature of prohibition involving the […]
PUBLIC SERVICE CO. v. PUC, 653 P.2d 1117 (Colo. 1982)
Public Service Company of Colorado, Plaintiff-Appellant, v. The Public Utilities Commission of the State of Colorado; Commissioners Edythe S. Miller, Daniel E. Muse and L. Duane Woodard; Vera Gilde; The Colorado Office of Consumer Services; the Concerned Citizens’ Congress of Northeast Denver; The Colorado Association of Community Organizations for Reform Now; General Services Administration; CFI […]
WILMORE v. CHAIN O’MINES, 96 Colo. 319 (1934)
44 P.2d 1024 WILMORE ET AL. v. CHAIN O’MINES, INC. ET AL. No. 13,244.Supreme Court of Colorado. Decided December 17, 1934. Original opinion adhered to on rehearing March 14, 1935. Action to enjoin pollution of the waters of a natural stream by tailings from ore reduction mills. Limited judgment for plaintiffs. Affirmed in Part. Reversed […]
PEOPLE v. MASON, 05PDJ035 (Colo.O.P.D.J. 8-24-2005)
People v. Mason. No. 05PDJ035 (Consolidated with 05PDJ048).Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. August 24, 2005. Attorney Regulation. The Presiding Disciplinary Judge approved a Conditional Admission of Misconduct submitted by the parties, and suspended Respondent Robert John Mason (Attorney Registration No. 04324) from the practice of law for a […]
WATER RIGHTS WADSWORTH v. KUIPER, 193 Colo. 95 (1977)
(562 P.2d 1114) In the Matter of Application for Water Rights of Virginia E. Wadsworth, Pierre G. Lucot, and Mireille Lucot in Boulder County, Colorado; Left Hand Ditch Company and St. Vrain-Left Hand Water Conservancy District v. C. J. Kuiper, State Engineer, and W. G. Wilkinson, Division Engineer, Water Division No. 1 No. 27177Supreme Court […]
PEOPLE v. CAMPISI, 649 P.2d 1053 (Colo. 1982)
The People of the State of Colorado, Plaintiff-Appellee, v. Francesco R. Campisi, Defendant-Appellant. No. 81SA151Supreme Court of Colorado. Decided July 26, 1982. Rehearing denied August 30, 1982. Appeal from the District Court of Adams County, Honorable Harlan R. Bockman, Judge. J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy Attorney General, Mary J. Mullarkey, Solicitor […]
PEOPLE v. GIMMY, 44 Colo. App. 352 (1980)
(620 P.2d 42) The People of the State of Colorado v. Jerry M. Gimmy No. 79CA0060Colorado Court of Appeals. Decided June 5, 1980. Rehearing denied July 24, 1980. Certiorari granted December 8, 1980. On appeal of defendant’s adjudication as habitual criminal the issue presented was whether the habitual criminal statute applies where the underlying felonies […]
GREGORICH v. COAL CO., 114 Colo. 481 (1946)
166 P.2d 993 GREGORICH ET AL. v. OLIVER COAL COMPANY ET AL. No. 15,685.Supreme Court of Colorado. Decided February 25, 1946. Rehearing denied March 18, 1946. A proceeding under the Workmen’s Compensation Act. The district court set aside an award of compensation to claimant. Writ of Error Dismissed. 1. APPEAL AND ERROR — Specification of […]
IN RE MARRIAGE OF JOHNSON, 40 Colo. App. 250 (1977)
(576 P.2d 188) In re the Marriage of: Vern Wilfred Johnson and Marie Bernadette Johnson No. 77-078Colorado Court of Appeals. Decided December 1, 1977. Rehearing denied December 22, 1977. Certiorari denied March 20, 1978. Wife appealed from permanent orders entered in dissolution of marriage proceeding. Reversed 1. PRACTICE AND PROCEDURE — Rulings by Court — […]
LATTA v. HENRY, 28 Colo. App. 220 (1970)
(472 P.2d 690) John H. Latta v. Trine L. Henry No. 70-084 (Supreme Court No. 22823)Colorado Court of Appeals. Decided May 5, 1970. Rehearing denied May 26, 1970. Action by son objecting to fiduciary actions and final accounting of administratrix. Administratrix was daughter and only other heir as well as having been conservatrix of her […]
FORREST v. LORRIGAN, 833 P.2d 873 (Colo.App. 1992)
Jennifer Forrest, Plaintiff-Appellant, v. Tracy Lorrigan and Marlene Lorrigan, Defendants-Appellees. No. 91CA0788Colorado Court of Appeals. Decided May 21, 1992. Opinion Modified, and as Modified Rehearing Denied June 18, 1992. Appeal from the District Court of Moffat County Honorable Rebecca Love Kourlis, Judge. Salmon, Godsman Nicholson, P.C., William P. Godsman, for Plaintiff-Appellant. Mattlage, Lettunich Vanderbloemen, John […]
PHELPS v. LOUSTALET, 91 Colo. 350 (1932)
14 P.2d 1011 PHELPS v. LOUSTALET ET AL. No. 12,675.Supreme Court of Colorado. Decided September 26, 1932. Action for damages resulting from an automobile collision. Judgment for plaintiff. Reversed. 1. TRIAL — Automobiles — Personal Injuries — Liability Insurance. In the trial of an action for damages growing out of an automobile accident, testimony by […]
PEOPLE v. ROMERO, 198 P.3d 1209 (Colo.App. 2007)
The PEOPLE of the State of Colorado, Plaintiff-Appellee v. Ruben A. ROMERO, Defendant-Appellant. No. 06CA1209.Colorado Court of Appeals. December 13, 2007. Appeal from the District Court, Otero County, M. Jon Kolomitz, J. Page 1210 John W. Suthers, Attorney General, John D. Seidel, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee. Douglas K. Wilson, Colorado State Public […]
PEOPLE v. MERSHON, 874 P.2d 1025 (Colo. 1994)
The People of the State of Colorado, Petitioner/Cross-Respondent, v. Larry Mershon, Respondent/Cross-Petitioner. No. 92SC598Supreme Court of Colorado. Decided April 18, 1994. Rehearing Denied May 16, 1994. Certiorari to the Colorado Court of Appeals JUDGMENT AFFIRMED IN PART, REVERSED IN PART AND CASE REMANDED WITH DIRECTIONS Page 1026 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]
WHEELER v. T.L. ROOFING, 74 P.3d 499 (Colo.App. 2003)
Ronald E. Wheeler, Plaintiff-Appellant, v. T.L. Roofing, Inc., Defendant-Appellee. No. 02CA0713.Colorado Court of Appeals. Division I. May 22, 2003. Rehearing Denied July 3, 2003. Page 500 La Plata County District Court No. 99CV0009; Honorable David L. Dickinson, Judge ORDER AFFIRMED AND CASE REMANDED WITH DIRECTIONS Page 501 Shand, Newbold Chapman, P.C., Paul W. Whistler, Durango, […]
PEOPLE v. GLAUBMAN, 175 Colo. 41 (1971)
(485 P.2d 711) The People of the State of Colorado v. Randolph J. Glaubman No. 24993Supreme Court of Colorado. Decided June 1, 1971 Interlocutory appeal by defendant from denial of his motion to suppress certain evidence seized from him in the course of a narcotics investigation. Ruling Affirmed. 1. COURTS — United States Supreme Court […]
McCONNELL v. PEOPLE, 132 Colo. 295 (1955)
(287 P.2d 659) RONALD McCONNELL v. PEOPLE OF THE STATE OF COLORADO. No. 17,626.Supreme Court of Colorado. Decided September 12, 1955. The defendant was convicted of statutory rape and brings error. Affirmed. 1. CRIMINAL LAW — Rape — Identification. The credibility of complaining witness’ testimony in identifying defendant as her assailant, is not important where […]
DENNISON v. PEOPLE, 161 Colo. 546 (1967)
(423 P.2d 839) Leslie Dennison v. The People of the State of Colorado. No. 21382.Supreme Court of Colorado. Decided February 14, 1967. Rehearing denied March 6, 1967. Defendant was convicted of murder in the second degree and brought error. Affirmed. 1. CRIMINAL LAW — Homicide — Assignments of Error — Trial — Motion for New […]