Category: Colorado Court Opinions

Michael B. Liebowitz, Plaintiff, v. Aimexco, Incorporated, a Colorado corporation, Henry J. Smith, Herbert L. Greenberg, Yale H. Lewis, Jerrold L. Glick, L. Clark Kiser, Alan L. Talesnick, and W. Randall Deitrich, Defendants-Appellees, and concerning, William A. Cohan, Appellant. No. 84CA0307Colorado Court of Appeals. Decided March 28, 1985. Opinion Modified and as Modified Rehearing Denied […]

(395 P.2d 737) MILA MAY WESTERKAMP v. ARTHUR F. WESTERKAMP. No. 20701.Supreme Court of Colorado. Decided October 13, 1964. From an order of the trial court vacating a judgment for arrearages for support of the minor child of the parties the former wife brings error. Writ of Error Dismissed. 1. APPEAL AND ERROR. — Final […]

(602 P.2d 892) In re the Marriage of Gordon S. Rosenblum and Sandra Z. Rosenblum No. 78-477Colorado Court of Appeals. Decided August 16, 1979. Rehearing denied September 13, 1979. Certiorari granted November 5, 1979. Joint motion to dismiss Certiorari Granted June 29, 1981. Husband appealed the permanent orders entered in dissolution of marriage action. Reversed […]

LUCY S. DIKEOU, Petitioner, v. JOHN P. DIKEOU, Respondent. No. 95SC699Supreme Court of Colorado. December 9, 1996 Rehearing Denied January 13, 1997 Page 1287 Certiorari to the Colorado Court of Appeals JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS McKenna Cuneo, L.L.P., Daniel S. Hoffman, Scott S. Evans, Denver, Colorado Attorneys for Petitioner. Lance P. Vanzant […]

The People of the State of Colorado, Petitioner, v. Fidel Helario Arguello, a/k/a John Clifford, Respondent. No. 87SC212Supreme Court of Colorado. Decided April 17, 1989. Certiorari to the Colorado Court of Appeals. Page 88 Duane Woodard, Attorney General, Charles B. Howe, Deputy Attorney General, Richard H. Forman, Solicitor General, David R. Little, Assistant Attorney General, […]

The People of the State of Colorado, Petitioner-Appellee, In the Interest of A.E., a Child, and Concerning R.H., Respondent-Appellant. No. 94CA1901Colorado Court of Appeals. Decided February 22, 1996 Appeal from the District Court of Fremont County, Honorable John Anderson, Judge, No. 92JV239. JUDGMENT REVERSED AND CAUSE REMANDED WITH INSTRUCTIONS Page 535 [EDITORS’ NOTE: THIS PAGE […]

The People of the State of Colorado, Plaintiff-Appellee, v. Peter E. Baenziger, Defendant-Appellant. Nos. 01CA2218, 01CA2219.Colorado Court of Appeals. March 11, 2004. Certiorari Denied September 13, 2004.[*] [*] Justice BENDER and Justice MARTINEZ would grant as to the following issue: Whether the court of appeals’ holding that the trial court did not commit structural error […]

Mark ANDERSON, Applicant-Appellant v. Richard PURSELL; Henry R. Sebesta and Mary M. Sebesta Revocable Trust; and C K Properties, Inc., Opposers-Appellees and Division Engineer, Water Division 2, Appellee pursuant to C.A.R. 1(e). No. 09SA119.Supreme Court of Colorado. December 13, 2010. As Modified on Denial of Rehearing January 10, 2011.[*] [*] Justice Marquez does not participate. […]

The PEOPLE of the State of Colorado, Plaintiff v. Todd Quintin McKEEL, Defendant. No. 10SA164.Supreme Court of Colorado. October 18, 2010. Page 639 Daniel H. May, District Attorney, Fourth Judicial District, Heidi Bauer, Deputy District Attorney, Rebecca L. Greenberg, Deputy District Attorney, Doyle Baker, Deputy District Attorney, Colorado Springs, Colorado, Attorneys for Plaintiff. Douglas K. […]

(386 P.2d 595) EUGENE MARTINEZ v. PHILLIS JOAN LOPEZ, PETITIONER IN THE MATTER OF THE PEOPLE IN THE INTEREST OF PAUL JOSEPH LOPEZ, A MINOR CHILD, AND PAUL JOSEPH LOPEZ. No. 20,129.Supreme Court of Colorado. Decided November 12, 1963. Dependency proceeding seeking to establish paternity of child. Judgment for plaintiff. Reversed. 1. BASTARDS — Paternity […]

Rochester Ranch Co., a partnership v. Jerry Stubblefield, d/b/a Stubblefield Cattle Company, and Ronald Jay Christopher, a/k/a Jay Christopher and Railhead Cattle Co., Inc., a Colorado corporation No. 80CA1174Colorado Court of Appeals. Decided December 31, 1981. Appeal from the District Court of Larimer County, Honorable John-David Sullivan, Judge. Hutchinson, Black, Hill, Buchanan Cook, William D. […]

The People of the State of Colorado, Plaintiff-Appellee, v. John H. Drake, Defendant-Appellant. No. 97CA1860.Colorado Court of Appeals. February 4, 1999. Certiorari Denied September 13, 1999. Appeal from the District Court of Summit County, Honorable W. Terry Ruckriegle, Judge, No. 97CR31. SENTENCE AFFIRMED Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, […]

The People of the State of Colorado, Petitioner, v. The District Court, in and for Summit County, State of Colorado, the Honorable W. Terry Ruckriegle, Judge Therein, Respondents. No. 89SA454Supreme Court of Colorado. Decided May 14, 1990. Original Proceeding Peter F. Michaelson, District Attorney, for Petitioner. Law Office of Rick J. Brown, Rick J. Brown, […]

Duane Lahey, Plaintiff-Appellant, v. Georgia A. Benjou, Paul Benjou and Betty Benjou, Defendants, and United Services Automobile Association, Intervenor-Appellee. No. 86CA1818Colorado Court of Appeals. Decided July 14, 1988. Appeal from the District Court of the City and County of Denver Honorable Daniel B. Sparr, Judge Page 856 Renner Rodman, Bradley Ross-Shannon, for Plaintiff-Appellant. No Appearance […]

91 P.2d 499 WRIGHT v. THE PEOPLE. No. 14,552.Supreme Court of Colorado. Decided May 1, 1939. Plaintiff in error was convicted of converting public funds to his own use. Reversed. On Application for Supersedeas. 1. CRIMINAL LAW — Indictment and Information — Trial. It is fundamental that a defendant in a criminal case can be […]

The People of the State of Colorado, Plaintiff-Appellee, v. Kathleen Michele Herbison, Defendant-Appellant. No. 86CA1155Colorado Court of Appeals. Decided May 19, 1988. Rehearing Denied June 23, 1988. Certiorari Denied September 19, 1988 (88SC348). Appeal from the District Court of El Paso County Honorable Donald E. Campbell, Judge Duane Woodard, Attorney General, Charles B. Howe, Chief […]

The People of the State of Colorado, Plaintiff-Appellant, v. Julie Luevano, a/k/a Julie Sisneros, Defendant-Appellee. No. 82SA57Supreme Court of Colorado. Decided September 12, 1983. Rehearing Denied October 11, 1983. Appeal from the District Court in and for the City and County of Denver, Honorable Raymond D. Jones, Judge. Norman F. Early, District Attorney, Brooke Wunnicke, […]

The PEOPLE of the State of Colorado, Petitioner-Appellee, In the Interest of K.L-P., a Child, and Concerning D.J.P., Respondent-Appellant. No. 05CA0766.Colorado Court of Appeals. September 21, 2006. Appeal from the District Court, Jefferson County, Brian D. Boatright, J. Page 403 No Appearance for Petitioner-Appellee. Rocky Mountain Children’s Law Center, Jason D. Carrithers, Denver, Colorado, Guardian […]

The People of the State of Colorado, Plaintiff-Appellee, v. Nhan Dao Van, Defendant-Appellant. No. 83SA350Supreme Court of Colorado. Decided April 23, 1984. Appeal from District Court, Arapahoe County, Honorable Robert F. Kelly, Judge. Page 933 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

Walter R. Fountain, William G. Hoff, and Gregory C. Vernon, Plaintiffs-Appellees and Cross-Appellants, v. Francis A. Mojo, Jr., Defendant-Appellant and Cross-Appellee. No. 81CA0858Colorado Court of Appeals. Decided April 19, 1984. Rehearing Denied June 7, 1984. Appeal from the District Court of Pitkin County Honorable Gavin D. Litwiller, Judge Page 497 [EDITORS’ NOTE: THIS PAGE CONTAINS […]

Kody GARHART, a minor, by and through his parents and next friends, Jennifer TINSMAN and Kip Garhart, Plaintiff-Appellee, v. COLUMBIA/HEALTHONE, L.L.C., d/b/a North Suburban Medical Center, Defendant-Appellant. No. 05CA1725.Colorado Court of Appeals. July 26, 2007. Appeal from the District Court, Adams County, Chris Melonakis, J. Page 513 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

(313 P.2d 1005) A. L. SOLLIDAY v. PAUL H. UMBACH, ET AL. No. 18,147.Supreme Court of Colorado. Decided June 24, 1957. Companion case to Solliday v. District Court, 135 Colo. 489. Writ of Error Dismissed Error to the District Court of the City and County of Denver, Hon. William A. Black, Judge. Messrs. HODGES, SILVERSTEIN, […]

(501 P.2d 142) Wallace McCamant v. The City and County of Denver, a Municipal corporation; Luis D. Rovira, Member of the Denver County Court Judicial Commission; Norma L. Comstock, Member of the Denver County Court Judicial Commission; Donald E. Cordova, Member of the Denver County Court Judicial Commission; James M. Riddell, Member of the Denver […]

(428 P.2d 939) Southeast Colorado Power Association v. The Public Utilities Commission of the State of Colorado and City of Lamar No. 21694Supreme Court of Colorado. Decided June 12, 1967. Rehearing denied July 17, 1967. From a judgment of the district court affirming the finding of the Public Utilities Commission that the city had not […]

In re the Marriage of: William Sterling Huff, Petitioner and Cross-Respondent, and Joada Hankins Huff, Respondent and Cross-Petitioner. No. 91SC266Supreme Court of Colorado. Decided July 20, 1992. Opinion Modified, and as Modified Rehearing Denied August 24, 1992. Certiorari to the Colorado Court of Appeals. Page 245 Litvak Litvak, P.C., Lawrence Litvak; Holme Roberts Owen, C. […]

54 P.2d 892 BROCK v. THE PEOPLE. No. 13,882.Supreme Court of Colorado. Decided February 3, 1936. Rehearing denied March 2, 1936. Plaintiff in error was convicted of statutory rape. Affirmed. On Application for Supersedeas. 1. CRIMINAL LAW — Information — Verification. It is unnecessary that a person who executes the supporting affidavit upon which a […]

(259 P.2d 280) SWANSON ET AL. v. PROUT. No. 17,094.Supreme Court of Colorado. Decided June 8, 1953. A proceeding involving the question of consolidation of school districts. The trial court ordered consolidation of the districts. Reversed. 1. COURTS — County Courts — Jurisdiction. “County courts are, by section 23, article VI of our Constitution, given […]

(387 P.2d 899) MELBA HALL, PARKVIEW EPISCOPAL HOSPITAL ASSOCIATION AND INDUSTRIAL COMMISSION OF COLORADO v. STATE COMPENSATION INSURANCE FUND. No. 20,717.Supreme Court of Colorado. Decided December 30, 1963. From a judgment vacating an award for medical services to volunteer worker in hospital, the claimant and others bring error. Affirmed. 1. WORKMEN’S COMPENSATION — Volunteer — […]

(580 P.2d 788) The People of the State of Colorado v. John Douglas Lake No. 27674Supreme Court of Colorado. Decided June 5, 1978. Rehearing denied July 24, 1978. Defendant was convicted of aggravated robbery and aggravated robbery of drugs and he appeals his conviction for aggravated robbery of drugs contending it is not supported by […]

(527 P.2d 939) Ferndale Development Co., Inc. and Shroyer Construction Co., Inc., Colorado corporations v. Great American Insurance Company, a Colorado corporation No. 72-410Colorado Court of Appeals. Decided August 7, 1974. Rehearing denied August 27, 1974. Certiorari denied October 24, 1974. On remand from supreme court, determinative issue in action on insurance policy was whether […]

(529 P.2d 316) Donald T. Rosenfeld and Robert T. Rosenfeld v. City of Boulder, a Municipal Corporation No. 26092Supreme Court of Colorado. Decided December 16, 1974. Plaintiffs brought suit against city to recover alleged excess payment of water plant investment fees contesting as invalid an ordinance increasing the fees. From judgment in favor of city […]

(431 P.2d 454) T. L. Smith Company, a corporation v. District Court of the City and County of Denver, State of Colorado; Honorable Edward J. Byrne, one of the Judges of said Court, and Honorable Albert T. Frantz, a retired Judge sitting in said Court; International Pipe Ceramics Corporation. No. 22963.Supreme Court of Colorado. Decided […]

Randall ROBERTS and Cindy Roberts, Petitioners v. AMERICAN FAMILY MUTUAL INSURANCE CO. and American Standard Insurance Company of Wisconsin, Respondents. No. 05SC57.Supreme Court of Colorado. October 2, 2006. Appeal from the District Court, Jefferson County, Christopher Munch, J. Roberts Levin Patterson, P.C., Bradley A. Levin, Jeremy A. Sitcoff, Denver, Colorado and Law Office of Donald […]

98 P.2d 860 NAVY GAS AND SUPPLY COMPANY v. SCHOECH. No. 14,493.Supreme Court of Colorado. Decided January 8, 1940. Rehearing denied February 5, 1940. Action to recover commissions on sales of petroleum products under an alleged agency contract. Judgment for plaintiff. Affirmed. 1. PRINCIPAL AND AGENT — Sales — Commissions. Whether or not an agent […]

(602 P.2d 861) Colorado Ute Electric Association, Inc. v. The Public Utilities Commission of the State of Colorado; Empire Electric Association, Inc.; Holy Cross Electric Association, Inc.; Gunnison County Electric Association, Inc.; La Plata Electric Association, Inc.; San Isabel Electric Services, Inc., a/k/a San Isabel Electric Association, Inc.; Southeast Colorado Power Association; Delta-Montrose Electric Association; […]

The People of the State of Colorado, Plaintiff-Appellee, v. Samuel V. Mandez, Defendant-Appellant. No. 97CA0035Colorado Court of Appeals. Division II November 12, 1999 Rehearing Denied November 18, 1999. Certiorari Denied May 15, 2000. Appeal from the District Court of Weld County, Honorable Roger A. Klein, Judge, No. 96CR154. JUDGMENT AND SENTENCE AFFIRMED Page 1255 [EDITORS’ […]

(220 P.2d 359) JORGENSEN v. MORRIS ET AL. No. 16,413.Supreme Court of Colorado. Decided June 12, 1950. An action in replevin involving an automobile. Judgment of dismissal. Reversed. 1. AUTOMOBILES — Ownership — Evidence. A claim of ownership of an automobile, supported by circumstantial evidence only, is ineffectual where the true ownership is established by […]

(526 P.2d 289) The People of the State of Colorado, by and through their duly appointed representatives, Robert L. Russel, District Attorney, et al. v. The District Court for the Fourth Judicial District, State of Colorado, The Honorable George M. Gibson, as one of the judges of the District Court No. 26471Supreme Court of Colorado. […]

City of Aurora, Colorado; City of Thornton, Colorado; City of Westminster, Colorado; City of Brighton, Colorado; City of Broomfield, Colorado; and City of Federal Heights, Colorado; Petitioners, v. The Board of County Commissioners of the County of Adams, Colorado; and the following county officers in their official capacities: Helen Hill, Treasurer; Terry Funderburk, Finance Director; […]

Beneficial Finance Company of Colorado, Petitioner, v. Gerald E. Schmuhl and Glenda L. Schmuhl; Centennial Savings and Loan Association, Respondents. No. 84SC206Supreme Court of Colorado. Decided February 10, 1986. Certiorari to the Colorado Court of Appeals Grant, McHendrie, Haines Crouse, Charles H. Haines, Jr.; McDonald Cox, Phyllis Cox, for Petitioner. Colorado Rural Legal Services, Inc., […]

(493 P.2d 1083) The People of the State of Colorado v. John David Prante No. 24807Supreme Court of Colorado. Decided February 14, 1972. Rehearing denied March 6, 1972. Defendant was convicted for an assault on a peace officer and brought error. Affirmed 1. ASSAULT AND BATTERY — Peace Officer — Sufficiency of Evidence — Specific […]

David C. Olson, Inc., d/b/a DCO Contractors, Inc., a Colorado corporation, Cross-Claim Plaintiff-Appellee and Cross-Appellant, and United States Fidelity Guaranty Company; Howard Electrical Mechanical, Inc. and Johnson Controls, Inc., Cross-Claim Plaintiffs-Appellees, v. Denver Rio Grande Western Railroad Co., Cross-Claim Defendant-Appellant and Cross-Appellee. No. 87CA1851 No. 88CA0331Colorado Court of Appeals. Decided February 22, 1990. Appeal from […]

199 P.2d 886 HARRISON CONSTRUCTION COMPANY, A COPARTNERSHIP ET AL. v. NISSEN. No. 15,911.Supreme Court of Colorado. Decided November 15, 1948. A action to recover compensation alleged to be due plaintiff from defendant for the leveling of land for the latter. Judgment for defendant. Reversed. 1. TRIAL — Verdicts — Courts. The court’s right to […]

The Board of County Commissioners of the County of Boulder, a body politic and corporate, Plaintiff-Appellee, v. Dougherty, Dawkins, Strand Bigelow Incorporated, a Minnesota corporation, Defendant-Appellant. No. 94CA0132Colorado Court of Appeals. Decided November 3, 1994. Opinion Modified, and As Modified, Petition for Rehearing DENIED December 1, 1994. Appeal from the District Court of Boulder County […]

The PEOPLE of the State of Colorado, Petitioner v. Larry G. FLIPPO, Respondent. No. 05SC794.Supreme Court of Colorado. May 21, 2007. As Modified on Denial of Rehearing June 11, 2007.[*] [*] Justice Eid does not participate. Appeal from the District Court, Weld County, Jonathan W. Hays, J. Page 101 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

201 P.2d 532 MANZANARES v. THE PEOPLE FOR THE USE OF THE TOWN OF CENTER. No. 15,926.Supreme Court of Colorado. Decided, December 20, 1948. Rehearing denied January 5, 1949. Plaintiff in error was found guilty of violating a town ordinance, and a fine imposed by the county judge. Reversed. 1. MUNICIPAL CORPORATIONS — Ordinances — […]

The People of the State of Colorado, Plaintiff-Appellee, v. Michael Lewis, Defendant-Appellant. No. 85CA0980Colorado Court of Appeals. Decided February 19, 1987. Rehearing Denied March 19, 1987. Certiorari Denied Lewis July 13, 1987 (87SC156). Appeal from the District Court of the City and County of Denver Honorable Roger Cisneros, Judge. Duane Woodard, Attorney General, Charles B. […]

(395 P.2d 604) GERTRUDE O. HUNTER v. M. LAKIN HUNTER. No. 20913.Supreme Court of Colorado. Decided October 5, 1964. From a judgment relating to division of property, alimony and attorney’s fees, the former wife brought error. Affirmed in Part. 1. DIVORCE — Alimony — Adequacy — Abuse of Discretion. Where former wife was awarded the […]

The People of the State of Colorado, Plaintiff-Appellee, v. Ronald Lee White, Defendant, and Jeff Carroll, Witness-Appellant. No. 83CA1177Colorado Court of Appeals. Decided January 24, 1985. Appeal from the District Court of Adams County Honorable Phillip F. Roan, Judge Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, Solicitor General, […]

(234 P.2d 906) FUSCHINO v. LUTIN ET AL. No. 16,545.Supreme Court of Colorado. Decided June 25, 1951. An action to determine interests in lands. Judgment for defendant for costs. Affirmed. 1. TAXES AND TAXATION — Treasurer’s Deeds. As to a treasurer’s deed, “statement of the amount of subsequent taxes paid was not essential to its […]

(436 P.2d 661) Jack William Emery and Sandra Emery v. Medal Building Corporation, a Colorado Corporation, Neil Medema, and Louis A. Gaz. No. 22836.Supreme Court of Colorado. Decided January 22, 1968. Action by purchasers of lot 15 for an injunction to restrain vendor from conveying any portion of that certain lot to third persons who […]

(466 P.2d 462) Robert Lee Brown v. Thomas Spain, Jr. No. 22409Supreme Court of Colorado. Decided March 9, 1970. Rehearing denied April 6, 1970. Action to recover damages for injuries sustained as a result of the negligent, willful and wanton conduct of defendant in driving a motor vehicle in such manner as to cause plaintiff […]

(589 P.2d 1373) Jack C. Arnold v. Alan Charnes, Executive Director of the Department of Revenue, State of Colorado No. 77-1015Colorado Court of Appeals. Decided September 21, 1978. Rehearing denied November 2, 1978. Certiorari granted January 29, 1979. Asserting that his arrest was invalid because arresting officer effected it outside the officer’s territorial jurisdiction, defendant […]

(504 P.2d 367) City and County of Denver and Division of State Compensation Insurance Fund v. James A. Moore and Industrial Commission of Colorado No. 72-082Colorado Court of Appeals. Decided September 19, 1972. Rehearing stricken October 31, 1972. Having been required to make periodic firings of his revolver in harsh acoustic environment, city policeman sought […]

Randy Gasper, Petitioner-Appellee, v. Frank Gunter, Executive Director, Colorado Department of Corrections, Respondent-Appellant. No. 92SA209Supreme Court of Colorado. Decided May 10, 1993. Appeal from the District Court, Garfield County Honorable Thomas W. Ossola, District Judge. Page 913 Randy Gasper, Pro Se, Petitioner-Appellee. Gale A. Norton, Attorney General, Raymond T. Slaughter, Chief Deputy Attorney General, Timothy […]

Jack McLaughlin, Complainant-Appellant, v. Alan Y. Levine, The Department of Administration of the State of Colorado, and The Colorado State Personnel Board, Respondents-Appellees. No. 85CA0092Colorado Court of Appeals. Decided September 4, 1986. Appeal from Colorado State Personnel Board Page 411 Mangan Katz, Lawrence Katz, for Complainant-Appellant. Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy […]

(324 P.2d 370) MARY SCHLEIGER v. JOHN SCHLEIGER. No. 18,087.Supreme Court of Colorado. Decided April 14, 1958. Rehearing denied May 5, 1958. From a decree in favor of plaintiff in a divorce action, the defendant brings error. Affirmed. 1. DIVORCE — Trial — Findings. In trial to the court in a divorce action where defendant […]

The Central City Opera House Association, a Colorado non-profit corporation, and The Brown Palace Hotel Associates Limited Partnership, d/b/a The Brown Palace Hotel, Plaintiffs-Appellees, v. Alan N. Charnes, as Executive Director of the Department of Revenue of the State of Colorado, Defendant-Appellant. No. 86CA0332Colorado Court of Appeals. Decided May 28, 1987. Rehearing Denied June 18, […]

(437 P.2d 52) The Western Fire Insurance Company, a Kansas Corporation v. The First Presbyterian Church, Littleton, Colorado. No. 21769.Supreme Court of Colorado. Decided February 5, 1968. Rehearing denied February 26, 1968. Action to recover on a contract of insurance involving an alleged “direct physical loss” to a church building. Judgment for plaintiff. Affirmed. 1. […]

(566 P.2d 1075) Carole A. Martin v. Doug Allen, d/b/a Allen Associates No. C-1052Supreme Court of Colorado. Decided July 25, 1977. County court awarded tenant $300 in damages and $200 in attorney’s fees for respondent-landlord’s improper retention of tenant’s security deposit. Reversed 1. LANDLORD AND TENANT — Security Deposit — Treble Damages — Attorney’s Fees […]

(567 P.2d 800) The People of the State of Colorado v. Glenn C. Leader, Jr. No. 26942 No. 27364Supreme Court of Colorado. Decided July 25, 1977. Original proceedings in discipline. Public Censure 1. ATTORNEYS AT LAW — Failure to Act Competently — Assessment Matter — Public Censure. Attorney, who wilfully failed to act competently in […]

The People of the State of Colorado, Plaintiff-Appellee, v. Gary St. John, Defendant-Appellant. No. 82CA0631Colorado Court of Appeals. Decided May 12, 1983. Rehearing Denied June 9, 1983. Appeal from the District Court of the City and County of Denver Honorable Warren O. Martin, Judge J.D. MacFarlane, Attorney General, Charles B. Howe, Deputy Attorney General, Joel […]

The People of the State of Colorado, Plaintiff-Appellee, v. Wenfred Joe Reese, a/k/a Michael Smith, Defendant-Appellant. No. 81CA0680Colorado Court of Appeals. Decided April 21, 1983. Rehearing Denied May 12, 1983. Certiorari Denied October 11, 1983. Appeal from the District Court of Arapahoe County Honorable Richard D. Greene, Judge Robert R. Gallagher, Jr., District Attorney, Catherine […]

Integra Financial, Inc., Plaintiff-Appellant, v. Grynberg Petroleum Company, Defendant-Appellee. No. 01CA0992.Colorado Court of Appeals. Div. IV. October 10, 2002. Rehearing Denied November 14, 2002. Certiorari Denied August 18, 2003. Arapahoe County District Court No. 99CV4088; Honorable Kenneth K. Stuart, Judge JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Wolf Slatkin, P.C., Raymond P. Micklewright, Denver, Colorado, […]

GLENEAGLE CIVIC ASSOCIATION, a Colorado nonprofit corporation, Plaintiff-Appellant, v. Lewis D. HARDIN and Laura L. Hardin, Defendants-Appellees. No. 07CA1918.Colorado Court of Appeals. October 16, 2008. Rehearing Denied February 5, 2009. Appeal from the District Court, El Paso County, Thomas K. Kane, J. Page 463 Anderson, Dude Lebel, P.C., Wm. Kelly Dude, Colorado Springs, Colorado, for […]

(543 P.2d 112) The People of the State of Colorado, ex rel. The State Board of Accountancy v. Jerry A. McFarland No. 75-275Colorado Court of Appeals. Decided November 6, 1975. Trial court upheld State Board of Accountancy’s revocation of defendant’s certificate as a certified public accountant, and the accountant appealed. Affirmed 1. ADMINISTRATIVE LAW AND […]

Eddie Gillens and Robinn Love v. Colorado Department of Social Services No. 81CA0196Colorado Court of Appeals. Decided April 1, 1982. Appeal from the District Court of the City and County, of Denver, Honorable Robert Kingsley, Judge. Page 98 Michael J. Steiner, Linda J. Olson for plaintiffs-appellees. J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy […]

INDUSTRIAL PRODUCTS INTERNATIONAL, INC., a Colorado Corporation, Plaintiff-Appellee and Cross-Appellant, v. EMO TRANS, INC., a New York Corporation, Defendant-Appellant and Cross-Appellee. No. 96CA0230.Colorado Court of Appeals. Division IV. October 30, 1997. Rehearing Denied December 26, 1997. Certiorari Denied August 31, 1998. Page 984 Appeal from the District Court of Adams County, Donald W. Marshall, Jr., […]

(416 P.2d 542) Kenneth Lloyd Edwards v. The People of the State of Colorado. No. 21903.Supreme Court of Colorado. Decided July 11, 1966. Defendant was convicted of larceny from the person and brings error. Affirmed. 1. LARCENY — Circumstantial Evidence — Innocence — Guilt — Rule — Application — Direct Evidence. Where defendant was convicted […]

(426 P.2d 970) Jerry L. Anderson v. Herbert D. Spencer, Lowell M. Allen and Warren F. Wolaver, as members of the Board of County Commissioners of the County of Larimer, State of Colorado No. 21319.Supreme Court of Colorado. Decided April 10, 1967. Rehearing denied May 1, 1967. From a denial of his application for a […]

In Re Marriage of: David Jones, Petitioner and Cross-Respondent, v. Patricia L. Jones, Respondent and Cross-Petitioner. No. 90SC22Supreme Court of Colorado. Decided June 17, 1991. Certiorari to the Colorado Court of Appeals. Barry D. Roseman, for Petitioner and Cross-Respondent. Mygatt Bratun, Juliana J. Bratun, for Respondent and Cross-Petitioner. EN BANC JUSTICE ERICKSON delivered the Opinion […]

The People of the State of Colorado, Complainant, v. John Louis Vidakovich, Attorney-Respondent. No. 91SA72Supreme Court of Colorado. Decided May 6, 1991. Original Proceeding in Discipline. Linda Donnelly, Disciplinary Counsel, Susan L. Fralick, Assistant Disciplinary Counsel, Jay P. K. Kenney, Assistant Disciplinary Counsel, for Complainant. Cecil A. Hartman, for Respondent. EN BANC PER CURIAM [1] […]

(556 P.2d 82) Fred Gillies and The Denver Post, Inc., The People of the State of Colorado ex rel. J. D. MacFarlane v. Dolores Schmidt, Fred Kane, M.D., Theodore P. Wendell, Sydney M. Rhea, David Erickson, Capt. Edgar Ruby, Hendrika Cantwell, M.D., Kay Melnick, Frank A. Elzi, as members of the Denver Inter-Agency Committee on […]

(487 P.2d 566) Charles E. Bruckman, et al. v. William Pena, a minor, by his mother and next friend, Marie Pena, et al. No. 70-643 (Supreme Court No. 23830)Colorado Court of Appeals. Decided April 13, 1971. Opinion modified and as modified rehearing denied May 11, 1971. Certiorari denied August 9, 1971. Minor plaintiff, injured in […]

Thomas C. Miller and R. W. Peterson, Plaintiffs-Appellants, v. James R. Collier; Detective William Phillips; and the City and County of Denver, Defendants-Appellees. No. 92CA2030Colorado Court of Appeals. Decided June 16, 1994 Page 142 Appeal from the District Court of the City and County of Denver Honorable Warren O. Martin, Judge No. 92CV5546 JUDGMENT REVERSED […]

142 P.2d 285 STANTON v. UNION OIL COMPANY OF CALIFORNIA. No. 15,010.Supreme Court of Colorado. Decided October 4, 1943. Suit for specific performance of a contract. Judgment for plaintiff. Affirmed. 1. OPTIONS — Mutuality — Consideration — Withdrawal. An option to purchase requires no mutuality, and if supported by consideration, cannot be withdrawn before its […]

In Re the Marriage of: Peggy Lewis Fleet, Appellant and Cross-Appellee, v. Claud D. Fleet, Appellee and Cross-Appellant. No. 83CA1029Colorado Court of Appeals. Decided March 21, 1985. Appeal from the District Court of the City and County of Denver Honorable Leonard P. Plank, Judge Page 1246 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]

199 P.2d 897 BATTALINO v. THE PEOPLE. No. 16,049.Supreme Court of Colorado. Decided November 1, 1948. Rehearing denied November 15, 1948. Plaintiff in error was convicted of murder of the first degree, and the death penalty imposed. Affirmed. 1. CRIMINAL LAW — Homicide — Defenses — Insanity. It is the general rule, that insanity, when […]

98 P.2d 997 McPHEE v. THE PEOPLE. No. 14,610.Supreme Court of Colorado. Decided January 29, 1940. Plaintiff in error was convicted of the larceny of an automobile. Reversed. On Application for Supersedeas. 1. CRIMINAL LAW — Evidence — Hearsay. Evidence of a conversation between a police officer and another, who was implicated in the crime […]

W. Robert Eason, Plaintiff-Appellant, v. The Board of County Commissioners of the County of Boulder, and Graham Billingsley, Defendants-Appellees. No. 96CA1691Colorado Court of Appeals. December 26, 1997 Opinion Modified, and as Modified, Petition for Rehearing DENIED January 29, 1998. Petition for Rehearing DENIED February 26, 1998 Appeal from the District Court of Boulder County, Honorable […]

PURCO FLEET SERVICES, INC., a Utah corporation, Plaintiff-Appellant and Cross-Appellee, v. Judith KOENIG, Defendant-Appellee and Cross-Appellant. No. 08CA1677.Colorado Court of Appeals. January 21, 2010. Appeal from the District Court, La Plata County, Jeffrey Raymond Wilson, J. Page 436 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

(407 P.2d 325) The City of Englewood, et al. v. Harry A. Daily, et al., No. 21628Supreme Court of Colorado. Decided November 1, 1965. Rehearing denied November 22, 1965. From a judgment invalidating the annexation of a substantial tract of land, the city and certain officials bring error. Reversed and Remanded. 1. MUNICIPAL CORPORATIONS — […]

Colorado Insurance Guaranty Association, a non-profit unincorporated legal entity, Petitioner, v. Mable E. Harris, Forrest E. Guthrie, and Nick Keseloff, Respondents. No. 91SC343Supreme Court of Colorado. Decided April 6, 1992. Certiorari to the Colorado Court of Appeals. Anstine and Hill, Ronald C. Hill, Jeffrey J. Richards, for Petitioner. Davis W. Moore, Jr., for Respondent Mable […]

James A. Magin, Plaintiff-Appellant, v. DVCO Fuel Systems, Inc., a Colorado corporation and Marcum Natural Gas Services, Inc., a Delaware corporation, Defendants-Appellees. No. 97CA1934Colorado Court of Appeals. February 18, 1999 Rehearing Denied April 8, 1999. Certiorari Denied August 9, 1999.[*] [*] Justice SCOTT does not participate. Appeal from the District Court of the City and […]

(336 P.2d 98) COLORADO BANKING BOARD, ET AL. v. DAVID F. FINNIGAN, ET AL. No. 18,944.Supreme Court of Colorado. Decided March 9, 1959. Rehearing denied March 23, 1959. From a judgment ordering the Colorado Banking Board to issue a charter for the organization of a state bank to applicants, the Board brings error. Reversed and […]

81 P.2d 389 EMPLOYERS MUTUAL INSURANCE COMPANY v. JACOE ET AL. No. 14,339.Supreme Court of Colorado. Decided June 27, 1938. Proceeding under the Workmen’s Compensation Act. Judgment for claimant. Affirmed. 1. WORKMEN’S COMPENSATION — Laches. Laches is no defense to a claim for compensation under the Workmen’s Compensation Act where the Industrial Commission on its […]

(528 P.2d 242) The People of the State of Colorado v. Gary Dean Shriver No. 26622Supreme Court of Colorado. Decided November 4, 1974. Concurring opinion modified and as modified rehearing denied November 18, 1974. Interlocutory appeal by the People from an order granting defendant’s motion to suppress the introduction of marijuana in evidence. Ruling Reversed […]

(498 P.2d 1136) Michael Norman Bates v. The People of the State of Colorado No. 24398Supreme Court of Colorado. Decided June 26, 1972. Defendant was acquitted of the substantive offense of malicious mischief but was convicted of conspiracy to commit malicious mischief and brought error. Reversed 1. CRIMINAL LAW — Conspiracy — Conviction — Unsupported […]

F.H. and B.H., Petitioners-Appellants, v. K.L.M., Respondent-Custodial Parent and Appellee, And Concerning C.A.H., Grandchild. No. 86CA1882Colorado Court of Appeals. Decided June 25, 1987. Appeal from the District Court of Adams County Honorable Richard M. Borchers, Judge. Polidori, Rasmussen, Gerome Jacobson, Dennis J. Jacobson, for Petitioners-Appellants. G. Daniel Whittaker, for Respondent-Custodial Parent and Appellee. Division III. […]

In the Matter of the Estate of Veronica C. Ongaro, Deceased. Denver Water Department Credit Union, Petitioner, v. The Estate of Veronica C. Ongaro Respondent. No. 98SC435Supreme Court of Colorado. March 13, 2000 Rehearing Denied April 10, 2000 Certiorari to the Colorado Court of Appeals JUDGMENT AFFIRMED Page 1098 Beck Cassinis, P.C., Howard J. Beck, […]

The People of the State of Colorado, Plaintiff-Appellant, v. Patricia Jean Inman, Defendant-Appellee. No. 88SA218Supreme Court of Colorado. Decided December 12, 1988. Interlocutory Appeal from District Court, Montezuma County Honorable Grace S. Merlo, Judge Dean J. Johnson, District Attorney, for Plaintiff-Appellant. T. Curtis Bobbitt, Deputy State Public Defender, for Defendant-Appellee. EN BANC CHIEF JUSTICE QUINN […]

Harry Buttermore, d/b/a High Country Painting, Plaintiff, v. Firestone Tire and Rubber Company, an Ohio corporation, Defendant-Appellant, and Leroy Schmidt Masonry, Inc., and Shireman Electric Construction Company, Defendants-Appellees. No. 85CA0237Colorado Court of Appeals. Decided May 29, 1986. Appeal from the District Court of El Paso County Honorable Robert M. Elliott, Judge Page 702 Cole, Hecox, […]

105 P.2d 404 MILLER ET AL. v. INDUSTRIAL COMMISSION ET AL. No. 14,778.Supreme Court of Colorado. Decided September 3, 1940. A proceeding under the Workmen’s Compensation Act. Judgment upholding the Industrial Commission in denying compensation. Affirmed. 1. WORKMEN’S COMPENSATION — Statute of Limitations — Payment of Hospital and Medical Bills. Payment of hospital and medical […]

The People of the State of Colorado, Plaintiff-Appellant, v. Robin Merrill Hess, Defendant-Appellee. No. 83SA152Supreme Court of Colorado. Decided September 4, 1984. Rehearing Denied September 24, 1984. Appeal from District Court, Adams County Honorable Philip F. Roan, Judge James F. Smith, District Attorney, Kathryn J. Aragon, Deputy District Attorney, Emil A. Rinaldi, Deputy District Attorney, […]