Category: Colorado Court Opinions

(273 P.2d 128) BROWN v. THE PEOPLE. No. 17,379.Supreme Court of Colorado. Decided August 3, 1954. Plaintiff in error was found guilty of first degree murder, and the penalty fixed at death. Reversed. 1. Criminal Law — Homicide — Trial — Evidence. In a homicide case, it is held that the evidence of a police […]

174 P.2d 348 COLUMBIAN NATIONAL LIFE INSURANCE COMPANY v. McCLAIN. No. 15,340.Supreme Court of Colorado. Decided July 1, 1946. Rehearing denied November 16, 1946. An action on a life insurance policy. Judgment for plaintiff. Affirmed. 1. LIFE INSURANCE — Policies — Construction. In construing life insurance policies, courts should attempt to ascertain and carry out […]

(589 P.2d 508) Samuel Berman v. The People of the State of Colorado No. 78-461Colorado Court of Appeals. Decided November 2, 1978. Rehearing denied November 24, 1978. Certiorari denied January 22, 1979. Named as an “unindicted co-conspirator” in certain indictments that were subsequently dismissed, plaintiff brought action requesting that all references to him in the […]

Farmers Insurance Exchange and Truck Insurance Exchange, Plaintiffs-Appellants, v. Richard L. Wiglesworth and Eric J. Pierce, Defendants-Appellees. No. 93CA1265Colorado Court of Appeals. Decided November 17, 1994. Opinion Modified, and as Modified, Petition for Rehearing DENIED December 29, 1994. (Sternberg, C.J., would GRANT.) Petition for Writ of Certiorari GRANTED August 28, 1995. Appeal from the District […]

The People of the State of Colorado, Plaintiff-Appellee, v. Felix Paul Harman, Defendant-Appellant. No. 02CA1195.Colorado Court of Appeals. March 11, 2004. Certiorari Denied August 16, 2004. Appeal from the District Court, Jefferson County, No. 00CR2018, Jack W. Berryhill, J. Page 291 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

(287 P.2d 655) HEBER MOTT v. CLIFFORD COLEMAN, ET AL. No. 17,736.Supreme Court of Colorado. Decided September 12, 1955. Condemnation proceedings under the eminent domain statute to condemn a right of way for an irrigation ditch. Judgment was for the plaintiffs and the defendant brings error. Affirmed. 1. WATER RIGHTS — Condemnation — Right of […]

Charles B. Allee, Petitioner, v. Contractors, Inc.; State Compensation Insurance Authority; The Industrial Claim Appeals Office of the State of Colorado; and Director, Division of Labor, State of Colorado, Respondents. No. 88SC229Supreme Court of Colorado. Decided November 27, 1989. Rehearing Denied December 18, 1989. Page 274 Certiorari to the Colorado Court of Appeals Donald J. […]

In Re the Application of Northwestern Mutual Life Insurance Company, a Wisconsin corporation, as Petitioner, Seeking Appointment of a Receiver under a Power contained in a Deed of Trust and pursuant to 38-39-112, C.R.S. Northwestern Mutual Life Insurance Company, Petitioner-Appellee, and Steve Laughlin, Receiver-Appellee, v. First Interstate Bank of Denver, successor in interest to Intrawest […]

Gordon Jackson, Plaintiff-Appellee, v. William L. Woods and Judith K. Woods, Defendants-Appellants. No. 93CA0827Colorado Court of Appeals. Decided May 19, 1994 Appeal from the District Court of Teller County Honorable Donald E. Campbell, Judge No. 91CV148 JUDGMENT AFFIRMED Page 117 Otto, Miller Davidson, P.C., Kenneth Davidson, Security, Colorado, for Plaintiff-Appellee L. Douglas Beatty, Colorado Springs, […]

Dwight J. MILLER and Deborah D. Miller, Plaintiffs-Appellants, v. Roger L. CURRY, Diane M. Curry, Randal Construction, Inc., Joseph R. Rogers, Keith F. Jones, Anna M. Jones, Richard L. Perry, Rae Ann Jackson, John C. Jackson, Peter A. Blatchley, Eva V. Blatchley, and Jeffrey Hayworth, Defendants-Appellants, and Allen D. Miller, Beverley B. Miller, Lowell Pierce, […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Martha A. SHARP, Defendant-Appellant. No. 02CA1262.Colorado Court of Appeals. Division III. June 17, 2004. Certiorari Denied December 20, 2004. Appeal from the District Court, Douglas County, Thomas J. Curry, J. Page 253 Ken Salazar, Attorney General, Melody Mirbaba, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee. David […]

City of Grand Junction, Petitioner/Cross-Respondent, v. Ute Water Conservancy District, Respondent/Cross-Petitioner. No. 93SC745Supreme Court of Colorado. Decided June 30, 1995 Certiorari to the Colorado Court of Appeals. JUDGMENT AFFIRMED. Page 82 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 83 Daniel E. […]

(359 P.2d 1020) IN THE MATTER OF THE ESTATE OF DONALD B. SMITH, DECEASED, THE UNITED STATES OF AMERICA v. MARVEL L. SMITH, ADMINISTRATRIX. No. 19,437.Supreme Court of Colorado. Decided February 6, 1961. Rehearing denied February 27, 1961. Objection of United States to allowance of second class claim of administratrix in estate matter. Affirmed. 1. […]

(522 P.2d 105) Ferrari, S.p.A. SEFAC, an Italian corporation v. The District Court of the City and County of Denver and the Honorable Robert E. McLean, Judge thereof No. 26372Supreme Court of Colorado. Decided May 20, 1974. Original proceeding in the nature of prohibition by Italian automobile manufacturing corporation questioning jurisdiction of trial court in […]

Runall G. Canady, Plaintiff-Appellant, v. State of Colorado, Department of Administration, Defendant-Appellee. No. 82CA1427Colorado Court of Appeals. Decided October 20, 1983. Rehearing Denied November 23, 1983. Certiorari Denied April 2, 1984. Appeal from the District Court of the City and County of Denver Honorable Daniel Sparr, Judge Holm and Christensen, P.C., Steven Christensen, Jon L. […]

The People of the State of Colorado v. Sanford B. Hertz No. 81SA100Supreme Court of Colorado. Decided January 11, 1982. Original Proceeding in Discipline Page 795 Linda Donnelly, Disciplinary Prosecutor, for complainant. Cooper Kelly, P.C., Paul D. Cooper, for respondent. En Banc. JUSTICE LOHR delivered the opinion of the Court. [1] Sanford B. Hertz, you […]

(553 P.2d 73) The People of the State of Colorado v. James Louis Worsley No. 27179Supreme Court of Colorado. Decided August 9, 1976. Appeal by the district attorney from a judgment dismissing the charge of second-degree forgery. Ruling Disapproved 1. FORGERY — Stolen Credit Card — Television — Signature — Defendant — Credit Card Holder […]

(599 P.2d 260) The People of the State of Colorado and City of Aurora v. The District Court in and for the 17th Judicial District, County of Adams, State of Colorado, Jean Jacobucci, Chief Judge of Said Court, Harlan Bockman, a Judge of Said Court and Frank Hayes No. 79SA201Supreme Court of Colorado. Decided August […]

The People of the State of Colorado, Petitioner-Appellee, v. Darel Wayne Davenport, Jr., Respondent-Appellant. No. 98CA2387Colorado Court of Appeals. Division I March 2, 2000 Appeal from the District Court of Routt County, Honorable Joel S. Thompson, Judge, No. 98CV95 JUDGMENT REVERSED AND CAUSE REMANDED WITH DIRECTIONS Page 474 Paul R. Mclimans, District Attorney, Kathryn Steelman, […]

City of Las Animas and Colorado Compensation Insurance Authority, Petitioners, v. Jerry D. Maupin; The Industrial Claim Appeals Office of the State of Colorado; and Director, Division of Labor, Respondents. No. 90CA0632Colorado Court of Appeals. Decided December 6, 1990. Review of Order from the Industrial Claim Appeals Office of the State of Colorado Colorado Compensation […]

The People of the State of Colorado, In the Interest of R.W. and T.W., Children, Upon the Petition of the El Paso Department of Human Services, Petitioner-Appellee, and Concerning L.L., Respondent-Appellant. No. 98CA1124Colorado Court of Appeals. September 2, 1999 Certiorari Granted November 29, 1999. Appeal from the District Court of El Paso County, Honorable D. […]

The PEOPLE of the State of Colorado, Complainant, v. Jeffrey MENTER, Respondent. Nos. 04PDJ092, 05PDJ003, 05PDJ018.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. Colorado. September 16, 2005. Page 377 Attorney Regulation. Following a sanctions hearing, the Presiding Disciplinary Judge disbarred Respondent Jeffrey Menter (Attorney Registration No. 00858) from the practice of […]

(412 P.2d 236) Nathaniel Raullerson, Plaintiff, v. The People of the State of Colorado, Defendant. No. 21230Supreme Court of Colorado. Decided March 14, 1966. Defendant was convicted of the crime of larceny of a motor vehicle and brings error. Affirmed 1. LARCENY. — Motor Vehicle — Witnesses — Endorsement — Prior to Trial — Appeal […]

(594 P.2d 603) National Cigarette Service Co., Inc. v. Harvey Farr and Billy Dahlem, individually and as a partnership No. 77-1106Colorado Court of Appeals. Decided April 19, 1979. Restaurant owners appealed judgment finding that they had breached two profit-sharing agreements entered into with plaintiff who had installed cigarette vending machines in two of defendants’ restaurants. […]

(459 P.2d 572) Frank Louis Falgout v. The People of the State of Colorado. No. 23077.Supreme Court of Colorado. Decided September 22, 1969. Rehearing denied October 27, 1969. Defendant was convicted of the crime of robbery and brought error. Affirmed. 1. ROBBERY — Contentions — Abuse — Mistrial — Second Trial — Jeopardy — Direct […]

Joe H. Lionelle and Joe E. Lionelle, Appellants, v. Southeastern Colorado Water Conservancy District, a Colorado quasi-municipal corporation, and Robert W. Jesse, in his official capacity as Division Engineer for Water District No. 2, Appellees. No. 81SA508Supreme Court of Colorado. Decided February 6, 1984. Appeal from the District Court, Water Division No. 2 Honorable John […]

Dianne McGOWAN and Donald McGowan, Plaintiffs-Appellants and Cross-Appellees, v. STATE FARM FIRE AND CASUALTY COMPANY, Garnishee-Appellee and Cross-Appellant. No. 03CA0025.Colorado Court of Appeals. Division III. April 22, 2004. Certiorari Denied October 25, 2004. Appeal from the District Court, Summit County, No. 95CV0076, David R. Lass, J. Page 522 Roberts Levin Patterson, PC, Bradley A. Levin, […]

(578 P.2d 664) The Fountain Sand and Gravel Company v. Chilton Construction Company and Balboa Insurance Company No. 77-016Colorado Court of Appeals. Decided February 2, 1978. Rehearing denied March 2, 1978. Certiorari denied May 8, 1978. Contending trial court erred in not finding that contractor’s claim was barred by six month statute of limitations, surety […]

Martin Marietta, a Maryland corporation, Plaintiff-Appellee, v. Jerry T. Busto, Defendant-Appellant. No. 82CA0892Colorado Court of Appeals. Decided April 26, 1984. Rehearing Denied June 7, 1984. Certiorari Denied November 26, 1984. Appeal from the District Court of Jefferson County Honorable Gaspar F. Perricone, Judge Honorable Joseph N. Lilly, Judge Page 346 Holme Roberts Owen, John R. […]

Vernie Houtchens and Rick Vette, Plaintiffs-Appellants, v. United Bank of Colorado Springs, N.A., Defendant-Appellee. No. 89CA0612Colorado Court of Appeals. Decided July 26, 1990. Rehearing Denied August 30, 1990. Appeal from the District Court of Huerfano County Honorable Thomas F. Phelps, Judge Bowman Samelson, P.C., Bill Bowman, for Plaintiffs-Appellants. Holme Roberts Owen, James T. Flynn, David […]

(485 P.2d 910) Iowa State Travelers Mutual Assurance Company, an Iowa Corporation v. Gilbert H. Brown No. 71-136 (Supreme Court No. 24374)Colorado Court of Appeals. Decided June 2, 1971. Action seeking disability payments under health and accident policy. In addition to jury verdict amount, court found defendant’s refusal to make payments vexatious and without reasonable […]

(559 P.2d 236) Earl Sons Tire Center, Inc., a Colorado Corporation v. The City of Boulder, Board of Appeals, and the Members Thereof, and The Building Official of the City of Boulder, and the Fire Chief of the Bureau of Fire Prevention of the City of Boulder No. 27294Supreme Court of Colorado. Decided January 31, […]

(314 P.2d 604) O. L. MILLER v. LILLIAN HEPNER, EXECUTRIX OF THE ESTATE OF A. J. HEPNER, DECEASED, ET AL. No. 18,009.Supreme Court of Colorado. Decided August 12, 1957. Rehearing denied September 9, 1957. Action against officer of corporation for part of alleged excess compensation received by such officer from the corporation and promised to […]

Randy L. GILMORE, Petitioner, v. INDUSTRIAL CLAIM APPEALS OFFICE of the State of Colorado, SOS Staffing Services, Inc., and Insurance Company of the State of Pennsylvania, Respondents. No. 07CA0589.Colorado Court of Appeals. May 15, 2008. As Modified on Denial of Rehearing June 12, 2008. Certiorari Denied Oct. 6, 2008. Page 1130 Cristiano Law, LLC, Francis […]

(228 P.2d 992) HOUSE v. SMITH, ADMINISTRATOR. No. 16,393.Supreme Court of Colorado. Decided March 12, 1951. An action by the administrator of the estate of a deceased person to recover from defendant a judgment for money alleged to be due the estate. Judgment for plaintiff. PER CURIAM. Judgment affirmed in department without written opinion, Mr. […]

In re the Marriage of Paulette G. Stedman and William R. Stedman No. 79CA0973Colorado Court of Appeals. Decided April 16, 1981. Rehearing denied June 11, 1981. Appeal from the District Court of El Paso County, Honorable William M. Calvert, Judge. Page 1049 Clawson Potter, P.C., Millen C. Clawson, H. Clifford Potter, for appellee and cross-appellant. […]

Larry Wayne White, Petitioner-Appellant, v. James G. Rickets, William Wilson and the Colorado Department of Corrections, Respondents-Appellees. No. 83SA176Supreme Court of Colorado. Decided July 2, 1984. Appeal from the District Court, El Paso County Honorable Bernard Baker, Judge Page 240 Barton, Schwartz Crowder, Ronald G. Crowder, for petitioner-appellant. Duane Woodard, Attorney General, Charles B. Howe, […]

The Department of Revenue, State of Colorado, Defendant-Appellant, v. Durango Silverton Narrow Gauge Railroad Company, Plaintiff-Appellee. No. 98CA0426Colorado Court of Appeals. May 13, 1999 Petition for Rehearing DENIED June 14, 1999 Certiorari Denied December 13, 1999. Appeal from the District Court of La Plata County, Honorable Gregory G. Lyman, Judge, No. 94CV264. JUDGMENT AFFIRMED Page […]

In re the MARRIAGE OF James SHAPARD, Appellee, and Rosalie E. Shapard, and Concerning Gerald L. Jorgensen and Jorgensen, Pepin, Raba, Lewis Motycka, P.C., n/k/a Jorgensen, Motycka Lewis, P.C., Lien Claimants-Appellants. No. 03CA0782.Colorado Court of Appeals. September 23, 2004. Appeal from the District Court, Boulder County, Carol Glowinsky, J. Lee D. Warkentine, P.C., Lee D. […]

Bartley A. Costello, Jr., Plaintiff-Appellant, v. Stephen H. Cook, Esq. and The Law Firm of Stephen H. Cook, Defendants-Appellees. No. 91CA2098Colorado Court of Appeals. Decided April 8, 1993. Appeal from the District Court of Boulder County Honorable Murray Richtel, Judge Page 1331 George A. Johnson, P.C., George A. Johnson, for Plaintiff-Appellant. Bayer, Carey McGee, P.C., […]

(483 P.2d 125) National Motors, Inc. and Western Surety Company v. Marvin E. Newman and Carol A. Newman. No. 70-668 (Supreme Court No. 24180)Colorado Court of Appeals. Decided April 20, 1971. Action against automobile dealer and its surety for alleged breach of contract to procure insurance, From judgment for plaintiffs, defendants appealed. Page 381 Reversed […]

In re The PEOPLE of the State of Colorado, Plaintiff, v. Victoria WILKERSON, Defendant. No. 04SA362.Supreme Court of Colorado. En Banc. June 27, 2005. Appeal from the District Court, Arapahoe County, Nancy A. Hopf, J. Page 875 Carol Chambers, District Attorney, Daniel D. Plattner, Deputy District Attorney, Centennial, for Plaintiff. David S. Kaplan, Colorado State […]

184 P.2d 501 CAPEK v. MONAHAN. No. 15,672.Supreme Court of Colorado. Decided August 25, 1947. An action on promissory notes. Judgment for plaintiff. Affirmed. 1. BILLS AND NOTES — Limitation of Actions — Burden of Proof. In an action on promissory notes, the burden of establishing that the running of the statute of limitations had […]

Lantern Inn v. Industrial Commission of Colorado and James H. Wilpolt No. 80CA0634Colorado Court of Appeals. Decided February 13, 1981. Page 930 Review of Order of Industrial Commission of the State of Colorado Day, Sackheim Morphew, Gilbert M. Sackheim, for petitioner. J. D. MacFarlane, Attorney General, David L. Lavinder, Assistant Attorney General, for Industrial Commission. […]

The People of the State of Colorado, Plaintiff-Appellant, v. Mack H. Thompson, Defendant-Appellee. No. 89SA466Supreme Court of Colorado. Decided July 16, 1990. Interlocutory Appeal from District Court City and County of Denver Honorable Robert S. Hyatt, Judge Page 1174 Norman S. Early, Jr., District Attorney, Nathan B. Coats, Chief Appellate Deputy District Attorney, Everett Engstrom, […]

(592 P.2d 6) Bruce B. Brundage v. Peyton F. Perry No. 77-1032Colorado Court of Appeals. Decided November 30, 1978. Rehearing denied December 21, 1978. Certiorari granted March 12, 1979. In action concerning the effect and legality of a conditional option to repurchase certain realty, plaintiff appealed trial court judgment finding the option void. Reversed 1. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Richard Clayton Neptune, Defendant-Appellant. No. 92CA1928Colorado Court of Appeals. Decided November 18, 1993 Appeal from the District Court of Mesa County Honorable Nicholas R. Massaro, Judge No. 92CR171 SENTENCE AFFIRMED Gale A. Norton, Attorney General, Raymond T. Slaughter, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor […]

Desiree GARCIA, Plaintiff-Appellee, v. Moges MEKONNEN, Defendant-Appellant. No. 05CA1007.Colorado Court of Appeals. February 8, 2006. Appeal from the District Court, Denver County, John N. McMullen, J. Page 1172 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 1173 John R. Rodman Associates, John […]

Victorio Realty Group, Inc., successor and assignee of The Victorio Company, Plaintiff-Appellant, v. Ironwood IX, Don C. Parke, Maynard S. Westblade, and H. N. “Pat” Burns, Defendants-Appellees. No. 84CA1356Colorado Court of Appeals. Decided December 26, 1985. Appeal from the District Court of Jefferson County Honorable Anthony F. Vollack, Judge Holley, Albertson Polk, P.C., Dennis B. […]

Kirk A. Milburn, Plaintiff-Appellant, v. El Paso County Court, State of Colorado, Honorable Jerry C. Nelson, Presiding, Defendant-Appellee. No. 92CA0990Colorado Court of Appeals. Decided August 26, 1993. Appeal from the District Court of El Paso County Honorable Douglas E. Anderson, Judge Page 910 Law Offices of John B. Ciccolella, P.C., John B. Ciccolella, for Plaintiff-Appellant […]

Melba Powers, Petitioner-Appellant, v. Board of County Commissioners of the County of Larimer, Respondent-Appellee. No. 81CA1089Colorado Court of Appeals. Decided September 2, 1982. Appeal from the District Court of Larimer County, Honorable J. Robert Miller, Judge. Kochenburger Smith, J. Creig Coogan, for petitioner-appellant. Harden, Schmidt Hass, George H. Hass, for respondent-appellee. Division III. Opinion by […]

James C. Morris and the Colorado Compensation Insurance Authority, Petitioners, v. The Industrial Claim Appeals Office of the State of Colorado and Bianca P. Storlazzi, Respondents. No. 96CA0863Colorado Court of Appeals. February 6, 1997 Petition for Rehearing DENIED March 13, 1997 Certiorari Denied September 15, 1997. Review of Order from the Industrial Claim Appeals Office […]

Tina M. Flores, Plaintiff-Appellee, v. American Pharmaceutical Services, Inc., a Delaware corporation, Defendant-Appellant. No. 98CA0158Colorado Court of Appeals. July 8, 1999 Appeal from the District Court of the City and County of Denver, Honorable Joseph E. Meyer, III, Judge, No. 96CV4031. JUDGMENT AFFIRMED Page 456 Law Offices of Jeffrey I. Sandman, Jeffrey I. Sandman, Englewood, […]

The People of the State of Colorado, Complainant, v. Joseph P. Genchi, Attorney-Respondent. No. 92SA496Supreme Court of Colorado. Decided March 22, 1993. Original Proceeding in Discipline Linda Donnelly, Disciplinary Counsel, John S. Gleason, Assistant Disciplinary Counsel, for Complainant. No Appearance by Attorney-Respondent. EN BANC PER CURIAM [1] The respondent in this attorney disciplinary matter was […]

Randolph GRAHAM, Plaintiff-Appellant, v. Terry MAKETA, Defendant-Appellee. No. 08CA1455.Colorado Court of Appeals. January 21, 2010. Appeal from the El Paso County District Court, Larry E. Schwartz, J., Theresa M. Cisneros, J., and G. David Miller, J. Page 517 Randolph Graham, Pro Se. No Appearance for Defendant-Appellee. Opinion by Judge BOORAS. Plaintiff, Randolph Graham, an inmate, […]

The Colorado River Water Conservation District v. City and County of Denver, Vidler Tunnel Water Company, and Lee R. Enewold, Division Engineer, Water Division No. 5, State of Colorado No. 80SA14Supreme Court of Colorado. Decided March 22, 1982. Appeal from the District Court in and for Water Division No. 5, Honorable George E. Lohr, Judge. […]

G. Todd McCormick, Maura C. McCormick, Paul Hoshiko, Jean Hoshiko, Sylva Kunzman, Glen P. Rouse, Peg M. Wykes and Ritchey Land Cattle Co., Inc., a Colorado corporation, Petitioners, v. Union Pacific Resources Company, a Delaware corporation; Snyder Oil Corporation, a Delaware corporation; Amoco Production Company, a Delaware corporation; Elk Exploration, Inc., a California corporation; L. […]

Boulder Medical Center, a Colorado corporation, Charles L. Aumiller, M.D., and John S. Avery, M.D., Plaintiffs-Appellees, v. Richard H. Moore, M.D., Defendant-Appellant. No. 81CA1149Colorado Court of Appeals. Decided September 2, 1982. Appeal from the District Court of Boulder County, Honorable Richard W. Dana, Judge. Page 465 Hutchinson, Black, Hill, Buchanan Cook, P.C., William D. Meyer, […]

(280 P.2d 426) THE TONGUE CREEK ORCHARD COMPANY, ET AL. v. TOWN OF ORCHARD CITY No. 17,487.Supreme Court of Colorado. Decided February 21, 1955. Rehearing denied March 14, 1955. Action by Town of Orchard City to change point of diversion of water right. Decree for Plaintiff. Affirmed. 1. WATER RIGHTS — Waste Water. There is […]

The City and County of Denver, Plaintiff-Appellee, v. Keith Rhinehart, Defendant-Appellant. No. 85CA0189Colorado Court of Appeals. Decided March 19, 1987. Rehearing Denied May 18, 1987. Certiorari Denied Rhinehart September 8, 1987 (87SC220). Appeal from the Superior Court of the City and County of Denver Honorable Charles E. Bennett, Judge Stephen H. Kaplan, City Attorney, Mark […]

In Re: Proposed Initiative Concerning “State Personnel System” Colorado Association of Public Employees, Jack Ashley, Richard McKee and Bruce Stark, Opponents, and Claire Traylor, Proponent, and Natalie Meyer, Douglas G. Brown and Duane Woodard, Statutory Board. No. 84SA269Supreme Court of Colorado. Decided July 2, 1984. Rehearing Denied July 16, 1984. Original Proceeding Pursuant to C.R.S. […]

(509 P.2d 1246) The City and County of Denver, State of Colorado, a municipal corporation; the City Council of the City and County of Denver, State of Colorado; and the Board of County Commissioners of the City and County of Denver, State of Colorado v. The District Court, in and for the County of Jefferson, […]

The City of Lamar, Colorado, Plaintiff-Appellant, v. The Lamar Police Department Money Purchase Pension Trust and The Lamar Fire Department Money Purchase Pension Trust, Defendants-Appellees. No. 91CA1483Colorado Court of Appeals. Decided December 3, 1992. Rehearing Denied January 14, 1993. Certiorari Denied August 23, 1993 (93SC101). Appeal from the District Court of Prowers County Honorable Norman […]

Marguerita A. Johnston, Plaintiff-Appellee, v. S.W. Devanney Company, Inc., a Colorado corporation, Defendant-Appellant. No. 85CA0184Colorado Court of Appeals. Decided April 3, 1986. Page 735 Appeal from the District Court of El Paso County Honorable Bernard R. Baker, Judge Turman Associates, Robert Lloyd Turman, for Plaintiff-Appellee. Bucholtz Bull, P.C. Keith Frankl, James C. Bull, for Defendant-Appellant. […]

The People of The State of Colorado, Petitioner v. Armando Bailon Ramirez. Respondent No. 01SC440Supreme Court of Colorado. October 15, 2002 Certiorari to the Colorado Court of Appeals, Court of Appeals Case No. 99CA164 JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS No. 01SC440, People v. Ramirez: Second Degree Murder — Heat of Passion;Sufficiency of Evidence […]

City of Lamar and Colorado Compensation Insurance Authority, Petitioners and Cross-Appellees, v. Gary L. Koehn, Respondent and Cross-Appellant, and The Industrial Claim Appeals Office of the State of Colorado, Respondent. No. 98CA0233Colorado Court of Appeals. October 29, 1998 Review of Order from the Industrial Claim Page 165 Appeals Office of the State of Colorado, WC […]

(470 P.2d 20) The People of the State of Colorado v. James M. Baird and Michael E. Lafferty. No. 24713.Supreme Court of Colorado. Decided June 8, 1970. Defendants were charged with possession of narcotic drugs and conspiracy to possess narcotic drugs. From a decision denying defendants’ motions to suppress evidence, an interlocutory appeal was brought. […]

(404 P.2d 521) Myron E. Bryant v. Robert Jerry Hand. No. 20828Supreme Court of Colorado. Decided July 26, 1965. Action by attorney against client to recover on a contingent fee contract. From a judgment awarding plaintiff a sum for fees owed and also ordering defendant to specifically perform with reference to payments to be made […]

(422 P.2d 52) George Maniatis v. Georgia Karakitsios No. 20875.Supreme Court of Colorado. Decided January 9, 1967. From judgment of Juvenile Court adjudicating respondent to be the father of child born out of wedlock and contributing to its dependency, error was brought. Reversed. 1. JURY — Contributing to Dependency — Child — Trial — Waiver […]

ITT Specialty Risk Services, a Delaware corporation, Plaintiff-Appellant, v. Avis Rent A Car Systems, Inc., a Delaware corporation, and Gary Hardesty, Defendants-Appellees. No. 97CA1157Colorado Court of Appeals. Division V. September 17, 1998 Rehearing Denied November 5, 1998. Certiorari Denied September 13, 1999. Appeal from the District Court of the City and County of Denver, Honorable […]

(282 P.2d 1091) MONTGOMERY WARD COMPANY v. R.A. REICH. No. 17,514.Supreme Court of Colorado. Decided April 25, 1955. Rehearing denied May 16, 1955. Action to recover salary under contract of employment. Judgment for plaintiff. Affirmed. 1. CONTRACTS — Forfeiture. Forfeitures are not favored in the law, and to be effectual must be clear and unequivocal. […]

Roger Lockhart, Petitioner, v. The Board of Education of Arapahoe County School District No. 6, State of Colorado, Respondent. No. 80CA1191Colorado Court of Appeals. Decided February 24, 1983. Rehearing Denied March 24, 1983. Certiorari Granted August 29, 1983. Review of Order of the Board of Education of Arapahoe County School District No. 6 Law Offices […]

(507 P.2d 1110) Eva Ferguson v. Raymond Ferguson No. 72-139Colorado Court of Appeals. Decided March 20, 1973. In divorce action child support dispute, defendant appealed from judgment Page 146 which fixed the amount of child support arrearage due and the amount of future support payments. Affirmed 1. DIVORCE — Alimony and Child Support — Original […]

The People of the State of Colorado, Plaintiff-Appellant, v. Walter T. Bridges, Defendant-Appellee. No. 82SA105Supreme Court of Colorado. Decided April 18, 1983. Rehearing denied May 9, 1983. Appeal from the District Court of El Paso County, Honorable David Parrish, Judge. Page 162 Robert L. Russel, District Attorney, David H. Zook, Chief Deputy District Attorney, for […]

(568 P.2d 457) Rudy Zehnder v. The Thirteenth Judicial District Court in and for the County of Washington, State of Colorado, and The Honorable Earl A. Wolvington, as District Judge No. 27736Supreme Court of Colorado. Decided August 29, 1977. Rehearing denied September 19, 1977. Original proceeding in which supreme court issued a rule to show […]

Claudine Kay Kibler, Plaintiff-Appellant, v. The State of Colorado and The Colorado State Board of Nursing, Defendants-Appellees. No. 84SA464Supreme Court of Colorado. Decided May 12, 1986. Appeal from District Court, City and County of Denver Honorable Harold D. Reed, Judge Page 532 Joe T. Ulibarri, for Plaintiff-Appellant. Duane Woodard, Attorney General, Charles B. Howe, Deputy […]

In re the Marriage of Michelle A. Monteil, Appellant, and Frederick H. Monteil, Appellee. No. 97CA1027Colorado Court of Appeals. April 30, 1998 Appeal from the District Court of Larimer County, Honorable William F. Dressel, Judge, No. 96DR463. JUDGMENT AFFIRMED Page 718 John Traphagan Vap, P.C., John T. Vap, Loveland, Colorado, for Appellant. Shively, Strommen Holst, […]

Darrell M. Littlefield, Jr., and Janet S. Littlefield, Plaintiffs-Appellees and Cross-Appellants, v. Alvin R. Bamberger, Jacob A. Bamberger, and Kris A. Bamberger, Defendants-Appellants and Cross-Appellees. No. 99CA1780Colorado Court of Appeals. August 2, 2001 Elbert County District Court No. 98CV30; Honorable Deanna E. Hickman, Judge. JUDGMENT AND ORDER AFFIRMED Page 616 [EDITORS’ NOTE: THIS PAGE CONTAINS […]

The People of the State of Colorado, Petitioner-Appellee, In the Interest of T.W. and J.P.G.W., Children, and Concerning W.J.W., Respondent-Appellant. No. 89CA1598Colorado Court of Appeals. Decided August 2, 1990. Appeal from the District Court of Lincoln County Honorable Garth L. Nieschburg, Judge Robert J. Safranek, for Petitioner-Appellee. Stan M. Kimble, for Respondent-Appellant. Division IV. Opinion […]

State Farm Mutual Auto Insurance Company, Plaintiff-Appellee, v. Raymond C. Springle, Defendant-Appellant. No. 92CA1485Colorado Court of Appeals. Decided October 7, 1993. Rehearing Denied November 18, 1993. Certiorari Denied April 11, 1994. Appeal from the District Court of El Paso County Honorable Steven T. Pelican, Judge Retherford, Mullen, Rector Johnson, Joseph F. Bennett, for Plaintiff-Appellee. Norton […]

Connie ESPINOSA and Michael Miranda, Plaintiffs-Appellants, v. Wilmer PEREZ, M.D. and Parkview Medical Center, Inc., a Colorado nonprofit corporation, d/b/a Parkview Medical Center, Defendants-Appellees. No. 04CA1939.Colorado Court of Appeals. November 16, 2006. Rehearing Denied March 8, 2007. Certiorari Denied August 27, 2007. Appeal from the District Court, Pueblo County, No. 03CV621, Scott B. Epstein, J. […]

(485 P.2d 709) Crest Fence Company and State Compensation Insurance Fund v. Edward Cec and Industrial Commission of Colorado No. 24538Supreme Court of Colorado. Decided June 1, 1971 From a judgment affirming an award of workmen’s compensation made in favor of claimant by the Industrial Commission, error was brought. Affirmed. 1. WORKERS’ COMPENSATION — City […]

448 P.2d 957 Nancy E. Adkins, Administratrix of the Estate of Carmen A. Gaston, formerly Carmen A. Jacobson, Deceased v. The Denver Dry Goods Company, a Colorado corporation. No. 22229.Supreme Court of Colorado. Decided January 13, 1969. Action by customer against store to recover damages for injuries sustained as result of fall on center aisle […]

In Re the Marriage of: Dean A. Seewald, Appellant, and Carole J. Seewald, Appellee. No. 84CA0871Colorado Court of Appeals. Decided August 28, 1986. Appeal from the District Court of Larimer County Honorable John A. Price, Judge Page 1172 Law Offices of Daniel W. Dean, Daniel W. Dean, for Appellant. Ball, Easley, Bonafede Wabeke, P.C., Ross […]

St. Jude’s Company, a Colorado corporation, Plaintiff-Appellant and Cross-Appellee, v. Roaring Fork Club, L.P., Defendant-Appellee and Cross-Appellant. No. 98CA1025Colorado Court of Appeals. December 23, 1999 Appeal from the District Court of Pitkin County, Honorable Thomas W. Ossola, Judge, No. 97CV242. JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CAUSE REMANDED WITH DIRECTIONS. Page 282 Balcomb […]

Richard C. Wulf, and Christine Wulf, Plaintiffs-Appellees and Cross-Appellants, v. Peter Tibaldo, Defendant-Appellant and Cross-Appellee. No. 82CA0717Colorado Court of Appeals. Decided April 26, 1984. Appeal from the District Court of Jefferson County Honorable Daniel J. Shannon, Judge Page 1349 V. James Robinson, for plaintiffs-appellees and cross-appellants. Philip A. Rouse, for defendant-appellant and cross-appellee. Division I. […]

The People of the State of Colorado, Plaintiff-Appellant, v. Rudy Anthony Bernard, Defendant-Appellee. No. 80SA456Supreme Court of Colorado. Decided January 10, 1983. Page 696 Appeal from the District Court of the Second Judicial District, Honorable Alvin D. Lichtenstein, Judge. Dale Tooley, District Attorney, O. Otto Moore, Assistant District Attorney, Brooke Wunnicke, Chief Appellate Deputy District […]

The People of the State of Colorado, Plaintiff-Appellant and Cross-Appellee, v. Michael Witty, Defendant-Appellee and Cross-Appellant. No. 99CA0360Colorado Court of Appeals. October 26, 2000 Appeal from the District Court of El Paso County, Honorable Gilbert A. Martinez, Judge, No. 97CR2978. ORDER AFFIRMED, JUDGMENT REVERSED, AND CAUSE REMANDED WITH DIRECTIONS. Jeanne M. Smith, District Attorney, David […]

The People of the State of Colorado, Plaintiff-Appellant, v. Samuel Edward Sabell, Defendant-Appellee. No. 84SA105Supreme Court of Colorado. Decided October 21, 1985. Appeal from District Court, Adams County Honorable Michael A. Obermeyer, Judge Page 464 James F. Smith, District Attorney, Seventeenth Judicial District, Steven L. Bernard, Chief Trial Deputy District Attorney, Emil A. Rinaldi, Deputy […]

The People of the State of Colorado, Plaintiff-Appellee, v. James Reed, Defendant-Appellant. No. 00CA0588.Colorado Court of Appeals. August 2, 2001. Certiorari Denied April 8, 2002 Jefferson County District Court No. 92CR998; Honorable Leland P. Anderson, Judge. SENTENCE AFFIRMED Division II Plank and Casebolt, JJ., concur Page 645 Ken Salazar, Attorney General, Cheryl Hone, Assistant Attorney […]

Hart Trinen, Plaintiff-Appellee, v. Surplus Electronics Corporation, E. Neal Bonavia, and Michael J. Fingar, Defendants-Appellants. No. 84CA0266Colorado Court of Appeals. Decided November 21, 1985. Appeal from the District Court of the City and County of Denver Honorable Sandra I. Rothenberg, Judge Page 492 Hart Trinen, Stephanie M. Smith, for Plaintiff-Appellee. Burg Wolfe, P.C., Thomas J. […]