Category: Colorado Court Opinions

12 P.2d 349 INDUSTRIAL COMMISSION ET AL. v. ROPER. No. 13,003.Supreme Court of Colorado. Decided June 6, 1932. Proceeding under the Workmen’s Compensation Act. Judgment of the district court setting aside supplemental award of the Industrial Commission. Judgment Modified and Affirmed. 1. WORKMEN’S COMPENSATION — Practice and Procedure. A rule of the Industrial Commission, not […]

111 P.2d 636 GETTY AND OTHERS AS COMMISSIONERS OF THE STATE CIVIL SERVICE COMMISSION ET AL. v. WITTER ET AL. No. 14,919.Supreme Court of Colorado. Decided March 10, 1941. A suit in mandamus to compel action by the Civil Service Commission relative to examinations for positions as state employees at the Industrial School for Boys. […]

In re the MARRIAGE OF Steven W. NEWELL, Appellant, and Ruth F. Newell, Appellee. No. 06CA1795.Colorado Court of Appeals. July 10, 2008. Appeal from the District Court, City and County of Denver, J. Stephen Phillips, J. Page 530 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

The PEOPLE of the State of Colorado, Petitioner-Appellee, In the Interest of C.M., a Child, and Concerning G.M., Respondent-Appellant, and M.J. and P.J., Special Respondents-Appellees. No. 04CA1144.Colorado Court of Appeals. June 2, 2005. Appeal from the District Court, Morgan County, Douglas R. Vannoy, J. Page 1279 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]

179 P.2d 662 PETERSON v. SCHWARTZMANN ET AL. No. 15,792.Supreme Court of Colorado. Decided April 7, 1947. A proceeding involving the custody of a minor child. Custody awarded to grandparents. Reversed. 1. CHILDREN — Custody — Jurisdiction. The jurisdiction of a divorce court is exercised as between husband and wife; that of a juvenile court, […]

In re the Marriage of Bruce Owen Beckman, Appellant, and Karen Holm, Appellee. No. 88CA0966Colorado Court of Appeals. Decided October 25, 1990. Appeal from the District Court of Jefferson County Honorable Kenneth E. Barnhill, Judge. Page 1377 Eckelberger and Feldman, Ethan D. Feldman, for Appellant. Cox, Mustain-Wood and Barbieri, Randall C. Mustain-Wood, for Appellee. Division […]

Herman White, Petitioner-Appellant, v. J. D. MacFarlane, Manager of Safety, City and County of Denver, Respondent-Appellee. No. 85SA180Supreme Court of Colorado. Decided January 27, 1986. Appeal from District Court, City and County of Denver Honorable Robert P. Fullerton, Judge Page 367 David F. Vela, Colorado State Public Defender, Philip A. Cherner, Deputy State Public Defender, […]

27 P.2d 745 POTTS ET AL v. BIRD. No. 12,911.Supreme Court of Colorado. Decided November 27, 1933. Action for damages for death of plaintiff’s husband resulting from an automobile collision. Judgment for plaintiff. Reversed. 1. INSTRUCTIONS — Statutes — Defense. A trial court cannot, in its instructions to the jury, withdraw from its consideration a […]

(585 P.2d 304) H. Wayne Mangus v. The Western Casualty and Surety Company No. 77-415Colorado Court of Appeals. Decided July 13, 1978. Rehearing denied August 3, 1978. Certiorari granted Western Casualty October 10, 1978. Certiorari dismissed as improvidently granted May 3, 1979. From trial court judgment absolving insurer from liability on its homeowner’s policy of […]

Gary W. Patterson, Plaintiff-Appellant and Cross-Appellee, v. Magna American Corporation, a Mississippi corporation, Defendant-Appellee and Cross-Appellant. No. 85CA1591Colorado Court of Appeals. Decided April 7, 1988. Appeal from the District Court of the City and County of Denver Honorable Warren O. Martin, Judge Page 1386 Louis A. Weltzer, for Plaintiff-Appellant and Cross-Appellee. Dickinson, Herrick-Stare Hibschweiler, P. […]

Martin G. Bolt, Sr.; Max R. Noel; Richard A. Koning, on behalf of themselves and others similarly situated, Petitioners/Plaintiffs/Appellants and Cross-Appellees, v. Arapahoe County School District Number Six, a/k/a Littleton Public Schools, Petitioner/Defendant/Appellee and Cross-Appellant, and Dain Bosworth Incorporated, Petitioner/Intervenor/Defendant. No. 94SC364Supreme Court of Colorado. Decided June 19, 1995 Rehearing Denied July 31, 1995. Rule […]

(486 P.2d 451) Paul J. DeMott v. Lola Viola Smith No. 71-131 (Supreme Court No. 24332)Colorado Court of Appeals. Decided June 22, 1971. Personal injury action arising out of automobile accident. Following jury verdict for plaintiff for $8,000, new trial was granted. Plaintiff appealed. Reversed 1. JURY — Defendant’s Insurer — Hands of Receiver — […]

(284 P.2d 662) LANNY SIMPSON, A MINOR, ETC., ET AL. v. DONALD E. ERLICH. No. 17,457.Supreme Court of Colorado. Decided June 6, 1955. Action for damages arising out of an automobile accident. Judgment for defendant. Affirmed. Error to the District Court of the City and County of Denver, Hon. Frank E. Hickey, Judge. Mr. GEORGE […]

Colorado Association of Public Employees, Colorado Association of Public employee’s Board of Directors; June Adams; James Akers; Robert Becker; Dennis Deutsch; Warren Fos; Randy Jensen; Rod Lighthizer; Wayne S. Shade; James K. Shea; Jeff Snyder; Lorraine Surprenant; William H. Tracy; and Carnell Wilson; Dennis L. Allen; Gregory L. Berkheimer; Dennis L. Bornhoft; Mark Burry; William […]

(418 P.2d 881) American Industrial Leasing Company v. W. J. Costello. No. 20950.Supreme Court of Colorado. Decided October 10, 1966. Action for damages for breach of an ore buying agreement. Defendant counterclaimed for damages. From a judgment in favor of plaintiff, and a dismissal of all of defendant’s counterclaims, defendant brings error. Affirmed in Part, […]

Board of County Commissioners of Douglas County, Plaintiff-Appellee and Cross-Appellant, v. City of Aurora, a Colorado municipal corporation; and Gartrell Investment Company, L.L.C., a Colorado limited liability company, Defendants-Appellants and Cross-Appellees. No. 01CA1380.Colorado Court of Appeals. Division II. September 26, 2002. As Modified on Denial of Rehearing December 5, 2002. Douglas County District Court No. […]

The PEOPLE of the State of Colorado, Petitioner, v. Daniel P. YASCAVAGE, Respondent. No. 03SC559.Supreme Court of Colorado. En Banc. November 30, 2004. Appeal from the Court of Appeals. Page 1091 Ken Salazar, Attorney General, Patricia R. Van Horn, Assistant Attorney General, Appellate Division, Criminal Justice Section, Denver, for Petitioner. David S. Kaplan, Colorado State […]

(482 P.2d 432) Stephen L. R. McNichols, as Special Administrator of the Estate of Simon T. Parsons a/k/a Ted Parsons, a/k/a S. T. Parsons, Deceased v. Conejos-K Corporation, a Colorado corporation No. 70-506 (Supreme Court No. 23773)Colorado Court of Appeals. Decided February 9, 1971. Rehearing denied March 2, 1971. Slander of title action by purchaser […]

23 P.2d 944 McMINN v. HARRISON ET AL. No. 12,805.Supreme Court of Colorado. Decided May 29, 1933. Rehearing denied June 19, 1933. Money demand by claimant under defective chattel mortgage against common-law assignee for the benefit of creditors. Judgment for defendants. Affirmed in Part. Reversed in Part. 1. ASSIGNMENT FOR BENEFIT OF CREDITORS — Common-Law. […]

Safeco Insurance Company of America, a Washington corporation, Plaintiff-Appellee and Cross-Appellant, v. Robert K. Robertson, Sally A. Robertson, and Linda Dickens, as the mother and guardian ad litem for Andrea Dickens, a minor, Defendants-Appellants and Cross-Appellees. No. 97CA2216Colorado Court of Appeals. December 23, 1999 Appeal from the District Court of Jefferson County, Honorable Christopher J. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Gary Chrissinger, Defendant-Appellant. No. 86CA0992Colorado Court of Appeals. Decided October 22, 1987. Rehearing Denied November 25, 1987. Appeal from the District Court of the City and County of Denver Honorable Harold D. Reed, Judge Page 443 Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney […]

(288 P.2d 343) CHARLES JOHNSON, ET AL v. E. L. DUNKEL. No. 17,627.Supreme Court of Colorado. Decided October 3, 1955. Proceedings in unlawful detainer for possession of land acquired by tax deed. Judgment for defendant and plaintiffs bring error. Reversed and Remanded With Directions. 1. TAXATION — Treasurer’s Deed — Notice. One having actual knowledge […]

(616 P.2d 986) Donald T. Trinen v. Dan Diamond, Robert Crew, Karen Metzger, Denver County Judges; Kenneth Goodman, Denver County Court Administrator and Clerk, and The City and County of Denver No. 78-798Colorado Court of Appeals. Decided May 29, 1980. Rehearing denied July 10, 1980. From district court denial of relief in the nature of […]

79 P.2d 1049 ESTATE OF LEIBOLD. LEE, BY O’NEILL, GUARDIAN v. LEIBOLD, EXECUTRIX. No. 14,306.Supreme Court of Colorado. Decided May 23, 1938. Suit on claim against the estate of a deceased person. Judgment disallowing the claim. Reversed. On Application for Supersedeas. 1. WITNESSES — Interested Parties — Attorneys at Law. The statutory provision that no […]

In the Matter of the Estate of: 1942 Gerald H. Lewis Trust: Mary Ann Lewis, Plaintiff-Appellant, v. Colorado National Bank and Gerald H. Lewis, Jr., Defendants-Appellees. No. 81CA0930Colorado Court of Appeals. Decided July 15, 1982. Rehearing denied August 12, 1982. Appeal from the Probate Court of the City and County of Denver, Honorable James R. […]

21 P.2d 411 DOLAN v. SPENCER. No. 13,286.Supreme Court of Colorado. Decided April 3, 1933. Rehearing denied April 24, 1933. Action involving ownership of insurance money for burned buildings. Judgment for defendant. Reversed. On Application for Supersedeas. 1. VENDOR AND PURCHASER — Insurance. Where a person held a contract of lease, and option to purchase […]

Foothills Apartments, a Colorado General Partnership, Plaintiff-Appellee, v. Gene E. Fischer and Don W. Mullison, Defendants-Appellants. No. 83CA0320Colorado Court of Appeals. Decided October 25, 1984. Appeal from the District Court of Larimer County Honorable William F. Dressel, Judge Page 396 Isaacson, Rosenbaum Friedman, P.C., Sheldon E. Friedman, Joseph J. Stollar, Michael E. Romero, for Plaintiff-Appellee. […]

(531 P.2d 643) Harry Snyder, Carroll Quelland, Dr. Williard Guard, and persons similarly situated v. The City Council of the City and County of Denver, the City and County of Denver, a municipal corporation, and the Board of County Commissioners of the City and County of Denver, and Betty L. Robertson No. 74-074Colorado Court of […]

Ralston Oil and Gas Company, a Colorado corporation, and Ernhart, Inc., a Texas corporation, Plaintiffs-Appellees, v. The July Corporation, a Colorado corporation; Wildcat, c/o Howard Dennis, a Colorado general partnership; Discovery I, c/o Howard Dennis, a Colorado general partnership, Gunnison Orr, c/o C.J. Telep, a Colorado partnership, Defendants-Appellants, and Pool Gas Company, a Colorado corporation, […]

The People of the State of Colorado, Plaintiff-Appellee, v. Charles F. Pennese, Defendant-Appellant. No. 89CA1788Colorado Court of Appeals. Decided November 21, 1991. Rehearing Denied January 16, 1992. Certiorari Denied June 8, 1992 (92SC95). Appeal from the District Court of City and County of Denver Honorable Lynne M. Hufnagel, Judge. Page 1086 Gale A. Norton, Attorney […]

VERN BICKEL, JERALD WESKALNIES and CHARLES ALLEN WRIGHT, III, Plaintiffs/Appellants, v. CITY OF BOULDER, BOULDER VALLEY SCHOOL DISTRICT RE-2 and COUNTY OF BOULDER, Defendants/Appellees. No. 94SA130Supreme Court of Colorado. Decided September 12, 1994. Opinion Modified, and as Modified, Petition for Rehearing Denied October 11, 1994. Transfer from the Colorado Court of Appeals Page 216 RULINGS […]

The People of the State of Colorado, Complainant, v. John J. Gibbons, Attorney-Respondent. No. 83SA277Supreme Court of Colorado. Decided July 2, 1984. Original Proceedings in Discipline Page 169 Linda Donnelly, Disciplinary Prosecutor, George S. Meyer, Deputy Disciplinary Prosecutor, for complainant. Michael F. Morrissey, for respondent. En Banc JUSTICE NEIGHBORS delivered the opinion of the Court. […]

(606 P.2d 68) Milton Berger, Special Administrator of the Estate of Charles Ginsberg, deceased v. George L. Coon and Maxine Coon No. C-1772Supreme Court of Colorado. Decided February 4, 1980. Plaintiffs brought malpractice action against attorney. Prior to third trial, the attorney died, and relying on its ruling that the Dead Man’s Statute would preclude […]

Lyman Carroll, Petitioner, v. Cuna Mutual Insurance Society, Respondent. No. 94SC161Supreme Court of Colorado. Decided April 24, 1995 Certiorari to the Colorado Court of Appeals. JUDGMENT AFFIRMED. Page 747 Braden, Frindt, Stinar, Stimple Stageman, LLC, Daniel B. Stageman, Colorado Springs, Colorado, Attorneys for Petitioner. Sherman Howard, LLC, Leanne B. De Vos, Doran L. Matzke, Denver, […]

(548 P.2d 1289) Fairplay Alma Tailings Disposal Co., a Colorado corporation v. State Mineral Resources Board, State of Colorado, City of Fairplay, and All Unknown Persons Who Claim an Interest in the Subject Matter of this Action No. 75-604Colorado Court of Appeals. Decided March 18, 1976. Action to quiet title to dam site brought by […]

Crystal Lakes Water and Sewer Association, Plaintiff-Appellant, v. Christer and Donnette Backlund, Albert L. and Gwinette D. Bludau, Robert E. and Jean M. Brown, Donald S. Clarke, C. Francis Collopy a/k/a Mrs. Charles T. Collopy, Leonard J. and Consuela R. Dignard, Ralph N. and Doris P. Eberhardt, Estate of George W. Intfen and Estate of […]

(533 P.2d 38) The People of the State of Colorado v. Raymond S. Davis No. 26070Supreme Court of Colorado. Decided March 24, 1975 Defendant was convicted of robbery and conspiracy to commit robbery and appeals. Affirmed 1. CRIMINAL LAW — Lineup — Suggestive — Violation — Due Process — Depends — Totality of Circumstances. Although […]

United Services Automobile Association, Plaintiff-Appellant, v. Allstate Insurance Company, Defendant-Appellee. No. 80CA0884Colorado Court of Appeals. Decided January 13, 1983. Rehearing Denied February 10, 1983. Certiorari Denied May 9, 1983. Appeal from the District Court of the City and County of Denver Honorable Edward E. Carelli, Judge. Page 1103 Erickson, Quigley and Goss, P.C., Neil Quigley, […]

(493 P.2d 346) In Re Interrogatory of the House of Representatives, presented by House Joint Resolution No. 1011, Second Session of the Forty-Eighth General Assembly No. 25445Supreme Court of Colorado. Decided February 1, 1972. Original proceeding involving request for opinion by House of Representatives of Forty-eighth General Assembly with concurrence of Senate concerning constitutionality of […]

Glen V. Koch, Plaintiff-Appellant, Cross-Appellee, v. Theodore Sadler and Alan D. Hilgenberg, Defendants-Appellees, Cross-Appellants. No. 85CA0039Colorado Court of Appeals. Decided March 24, 1988. Opinion Modified, and as Modified, Rehearing Denied April 21, 1988. Certiorari Denied August 22, 1988 (88SC232). Appeal from the District Court of the City and County of Denver Honorable Gilbert A. Alexander, […]

Ronald E. Leef, Plaintiff-Appellant, v. Burlington Northern and Santa Fe Railway Company, a Delaware corporation, Defendant-Appellee. No. 01CA0535Colorado Court of Appeals. April 25, 2002 City and County of Denver District Court No. 00CV1524; Honorable Warren O. Martin, Judge JUDGMENT AFFIRMED Division II Plank, J., concurs Jones, J., dissents Rossi, Cox, Kiker Inderwish, P.C., John J. […]

(572 P.2d 1205) Claimants in the Matter of the Death of Douglas Garner v. Vanadium Corporation of America, et al. and State Compensation Insurance Fund No. C-1246Supreme Court of Colorado. Decided December 12, 1977. Rehearing denied January 9, 1978. Workmen’s compensation proceeding brought by the dependent of a deceased employee, a uranium miner, who died […]

In re the Marriage of Renee Cynthia Stress, n/k/a Renee Cynthia Penton, Appellee and Cross-Appellant, and James William Stress, Jr., Appellant and Cross-Appellee. No. 95CA1836Colorado Court of Appeals. May 1, 1997 Petition for Rehearing DENIED May 29, 1997 Appeal from the District Court of Jefferson County, Honorable Kenneth E. Barnhill, Jr., Judge, No. 91DR2057 ORDERS […]

41 P.2d 244 TITUS v. TITUS. No. 13,513.Supreme Court of Colorado. Decided January 21, 1935. Rehearing denied February 11, 1935. Suit by woman for specific performance of a property settlement and financial rights agreement entered into by the parties while they were husband and wife. Judgment for defendant. Reversed. 1. CONSTITUTIONAL LAW — Statutes — […]

The People of the State of Colorado, Plaintiff-Appellee, v. Arlie D. Roberts, Defendant-Appellant. No. 95CA2122.Colorado Court of Appeals. May 14, 1998. Rehearing Denied August 6, 1998. Certiorari Denied September 7, 1999. Appeal from the District Court of Costilla County, Honorable O. John Kuenhold, Judge, No. 95CR2. JUDGMENT REVERSED AND CAUSE REMANDED WITH DIRECTIONS Page 12 […]

Leidy’s, Inc., Petitioner, v. H2O Engineering, Inc., Respondent. No. 90SC515Supreme Court of Colorado. Decided May 20, 1991. Certiorari to the Colorado Court of Appeals. Fairfield and Woods, P.C., Rocco A. Dodson, Paul V. Franke, for Petitioner. No Appearance for Respondent. EN BANC JUSTICE ERICKSON delivered the Opinion of the Court. [1] We granted certiorari to […]

THE PEOPLE OF THE STATE OF COLORADO, Complainant, v. CURTIS E. HARDING, III, Attorney-Respondent. No. 96SA358Supreme Court of Colorado. April 28, 1997 Original Proceeding in Discipline ATTORNEY SUSPENDED Linda Donnelly, Disciplinary Counsel, James S. Sudler, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant Curtis E. Harding, III, Pro Se, Aurora, Colorado EN BANC PER CURIAM […]

27 P.2d 495 ANDRUS v. HALL. No. 12,916.Supreme Court of Colorado. Decided November 13, 1933. Action for death of plaintiff’s husband resulting from an automobile accident. Judgment for plaintiff. Affirmed. 1. AUTOMOBILES — Right of Way. A driver approaching a road intersection from another’s left cannot be required to yield the right of way when […]

(617 P.2d 797) People of the State of Colorado, ex rel. Miles C. Cortez, Jr. v. David R. Calvert No. 79SA444Supreme Court of Colorado. Decided June 20, 1980. Original proceedings in discipline. Public Censure 1. ATTORNEYS AT LAW — Conflicts of Interest — Failure to Consult — Illegal and Excessive Fee — Deficient Petition — […]

The People of the State of Colorado, Plaintiff-Appellee, v. Steven Todd Jackson, Defendant-Appellant. No. 86CA0379Colorado Court of Appeals. Decided July 23, 1987. Rehearing Denied September 3, 1987. Certiorari Denied January 25, 1988 (87SC356). Appeal from the District Court of the City and County of Denver Honorable Roger Cisneros, Judge Page 1327 Duane Woodard, Attorney General, […]

St. Mary’s Church Mission, and The Archdiocese of Denver c/o Gallagher Bassett Insurance Company, Petitioners, v. The Industrial Commission of the State of Colorado, and Barbara Jean Price, Respondents. No. 86CA0343Colorado Court of Appeals. Decided December 4, 1986. Rehearing Denied January 8, 1987. Certiorari Granted St. Mary’s April 6, 1987 (87SC29). Review of Order from […]

(450 P.2d 662) Arthur Raymond Medina v. The People of the State of Colorado. No. 22801.Supreme Court of Colorado. Decided February 24, 1969. Defendant was convicted of burglary second degree and larceny of personal property of a value in excess of $50 and brought error with reference to the larceny conviction only. Affirmed. 1. BURGLARY […]

Michael Yonker, by and through his next friend, Diana Helstrom, and Diana Helstrom and Rip Helstrom, individually, Plaintiffs-Appellees, v. Richard Thompson, Defendant-Appellant. No. 96CA1381Colorado Court of Appeals. May 15, 1997 Appeal from the District Court of Adams County, Honorable Harlan R. Bockman, Judge, No. 96CV311 ORDER REVERSED AND CAUSE REMANDED WITH DIRECTIONS Page 531 [EDITORS’ […]

Public Service Company of Colorado, a Colorado corporation, Appellant and Cross-Appellee, v. Blue River Irrigation Company, Appellee and Cross-Appellant, and City and County of Denver, Acting by and through its Board of Water Commissioners; Town of Breckenridge; and Orlyn Bell, Division Engineer, Water Division No. 5, Appellees. No. 86SA10Supreme Court of Colorado. Decided April 4, […]

Brandon COWGER, Plaintiff-Appellant, v. HENDERSON HEAVY HAUL TRUCKING INC., DefendantAppellee. No. 05CA0416.Colorado Court of Appeals. March 22, 2007. Certiorari Denied January 15, 2008. Appeal from the District Court, Mesa County, Amanda D. Bailey, J. Page 117 Killian, Guthro Jensen, P.C., James P. Guthro, Amy K. Eaton-Fitzpatrick, Damon J. Davis, Grand Junction, Colorado, for Plaintiff-Appellant. Hall […]

187 P.2d 928 WOLF ET AL. v. THE PEOPLE. No. 15,670.Supreme Court of Colorado. Decided November 24, 1947. Rehearing denied December 15, 1947. Plaintiffs in error were found guilty of conspiracy to commit an abortion. Affirmed. 1. CRIMINAL LAW — Abortion — Sufficiency of Evidence. In a criminal prosecution for conspiracy to commit an abortion, […]

Robert Leroy Urban, Plaintiff-Appellant, v. Beloit Corporation, Defendant-Appellee. No. 84SA298Supreme Court of Colorado. Decided December 2, 1985. Rehearing Denied January 13, 1986. Appeal from District Court, City and County of Denver Honorable Daniel B. Sparr, Judge Holm and Christensen, P.C., Steven A. Christensen, Jon L. Holm, for Plaintiff-Appellant. Breit, Best, Richman and Bosch, Warren B. […]

(571 P.2d 1100) Paul E. Bushnell v. Arthur Nathaniel Sapp and The City of Colorado Springs, a Colorado Municipality No. 27349Supreme Court of Colorado. Decided November 21, 1977. Negligence action by plaintiff against police officer and city arising out of a collision between a police patrol wagon and bicycle. Trial court dismissed the complaint and […]

(530 P.2d 512) The People of the State of Colorado v. Ernest Leroy Goff No. 26051Supreme Court of Colorado. Decided November 25, 1974. Rehearing denied December 16, 1974. Defendant was convicted of assault against a peace officer with a deadly weapon and conspiracy to commit the same offense and appealed. Affirmed 1. ASSAULT AND BATTERY […]

THE PEOPLE OF THE STATE OF COLORADO, Petitioner, v. JOEL SAPP, Respondent. THE PEOPLE OF THE STATE OF COLORADO, Petitioner, v. HERSHEL BLACKFORD, Respondent. No. 96SC84, No. 96SC85Supreme Court of Colorado. March 31, 1997 Certiorari to the District Court, Lake County Honorable Richard H. Hart JUDGMENT REVERSED AND CASE REMANDED Page 1368 Peter F. Michaelson, […]

The People of the State of Colorado, Plaintiff-Appellee, v. William Robert Zamora, Defendant, and Anthony Ullibari, Witness-Appellant. No. 82CA0560Colorado Court of Appeals. Decided March 10, 1983. Rehearing Denied April 21, 1983. Appeal from the District Court of Adams County Honorable Phillip F. Roan, Judge Page 154 J.D. MacFarlane, Attorney General, Charles B. Howe, Deputy Attorney […]

184 P.2d 872 BOARD OF COMMISSIONERS, JEFFERSON COUNTY ET AL. v. SEDGLEY ET AL. No. 15,684.Supreme Court of Colorado. Decided September 15, 1947. A proceeding to condemn real property for highway purposes. The property owners being dissatisfied with the award of the court commission — affirmed by the court — bring the proceedings here for […]

The People of the State of Colorado, Complainant, v. Marshall L. McClung, Attorney-Respondent. No. 97SA452Supreme Court of Colorado. February 2, 1998 Original Proceeding in Discipline ATTORNEY SUSPENDED Linda Donnelly, Disciplinary Counsel, James S. Sudler, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. Marshall L. McClung, Pro Se, Pine, Colorado. EN BANC PER CURIAM [1] In […]

The PEOPLE of the State of Colorado, Complainant, v. Dennis Blaine EVANSON, Respondent. No. 08PDJ082.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. Court of Colorado. August 4, 2009. Page 736 Attorney Regulation. Following a default sanctions hearing pursuant to C.R.C.P. 251.5(b), the Presiding Disciplinary Judge disbarred Dennis Blaine Evanson (Attorney Registration […]

(454 P.2d 81) Earl A. Jennings, Kenneth C. Jennings, F.A. Jennings, Mary M. Boyd, and the Heirs of Ethel Peters v. Floyd G. Bradfield and Mary W. Bradfield. No. 23902.Supreme Court of Colorado. Decided May 12, 1969. Action by plaintiffs as descendants of deceased owner of one-third interest in certain property to quiet title to […]

178 P.2d 948 BROWN v. THE PEOPLE. No. 15,750.Supreme Court of Colorado. Decided March 17, 1947. Rehearing denied April 7, 1947. Plaintiff in error was convicted of murder of the first degree and sentenced to death. Affirmed. 1. CRIMINAL LAW — Homicide — Corpus Delicti. Corpus delicti in a homicide case means: First, the death; […]

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Edgar Linton TUCKER, Defendant-Appellee. No. 07CA1813.Colorado Court of Appeals. September 4, 2008. Appeal from the District Court, Mesa County, Thomas M. Deister, J. Pete Hautzinger, District Attorney, Jon Levin, Deputy District Attorney, Grand Junction, Colorado, for Plaintiff-Appellant. Douglas K. Wilson, Colorado State Public Defender, Andrea R. […]

(611 P.2d 977) The People of the State of Colorado v. James C. Schultz No. 80SA182Supreme Court of Colorado. Decided June 2, 1980. Interlocutory appeal by the prosecution from an order of the district court declaring an arrest to be unlawful and from an order suppressing all evidence seized incident to the arrest of the […]

In Re: Reapportionment of the Colorado General Assembly No. 82SA6Supreme Court of Colorado. Decided February 19, 1982. Rehearing denied March 1, 1982. Page 192 Ralph A. Cole, Pro se objector. Gerald Dahl and Arnold Alperstein, Alperstein, Alperstein and Forman, P.C., for certain residents of Eagle, Grand, Jackson, Pitkin, Routt, Summit, Boulder, Gilpin, Jefferson and Clear […]

(473 P.2d 710) Yellow Cab, Inc., a Colorado corporation v. Malibu Motor Hotel, Inc., doing business as Malibu Motor Hotel, and Apex Investment, Inc., doing business as Glisan Manor Motel. No. 22945.Supreme Court of Colorado. Decided August 10, 1970. Action commenced in district court by plaintiff cab company seeking injunction to restrain defendant motel operators […]

(477 P.2d 453) Lisbeth K. Linley v. R. Courtney Hanson. No. 24692.Supreme Court of Colorado. Decided November 30, 1970. Rehearing denied December 21, 1970. Petition for writ of certiorari to review judgment of Colorado Court of Appeals in action demanding payment for horses allegedly sold under oral contract wherein defendant claimed contract was void under […]

(580 P.2d 402) Nancy Ann Scheimo and Ronald Scheimo, as father and next friend of Nancy Ann Scheimo v. Cheryl Holzfaster and V. Mark Holzfaster No. 77-739Colorado Court of Appeals. Decided April 6, 1978. Rehearing denied April 27, 1978. Certiorari denied June 19, 1978. In action for personal injuries by passenger who was the daughter […]

47 P.2d 401 UNION MUTUAL LIFE COMPANY OF IOWA v. DISTRICT COURT OF THE CITY AND COUNTY OF DENVER ET AL. No. 13,702.Supreme Court of Colorado. Decided June 3, 1935. Rehearing denied July 15, 1935. Original proceeding in prohibition. Rule to Show Cause Discharged. 1. INSURANCE — Foreign Company Operating in Colorado. A life insurance […]

Audrey Bredemeier, Plaintiff-Appellee, v. Farmers Insurance Exchange, Defendant-Appellant. No. 96CA0977Colorado Court of Appeals. June 5, 1997 Petition for Rehearing DENIED July 10, 1997 Petition for Writ of Certiorari DENIED February 2, 1998 Appeal from the District Court of Arapahoe County, Honorable Thomas C. Levi, Judge, No. 95CV1382 JUDGMENT REVERSED AND CAUSE REMANDED WITH DIRECTIONS Bell […]

(358 P.2d 609) A. R. PARKER v. AGNES W. COUCH. No. 18,628.Supreme Court of Colorado. Decided December 30, 1960. Rehearing denied January 30, 1961. Action for damages resulting from automobile collision. Judgment for plaintiff. Reversed. 1. AUTOMOBILES — Evidence — Conflict — Jury Question. Where the evidence as to whether defendant’s truck was sufficiently lighted […]

184 P.2d 493 WARNE v. WARNE. No. 15,671.Supreme Court of Colorado. Decided August 25, 1947. An action by a wife to obtain a decree of divorce, for custody of a minor child, and alimony. Judgment for plaintiff. PER CURIAM. Judgment affirmed en banc without written opinion. MR. JUSTICE JACKSON dissents. Error to the District Court […]

The People of the State of Colorado, Plaintiff-Appellee, v. Gerald M. Andrews, Defendant-Appellant. No. 90CA1836Colorado Court of Appeals. Decided September 10, 1992. Rehearing Denied December 24, 1992. Certiorari Granted June 14, 1993 (93SC46). Certiorari Granted on the following issues: Whether the mandatory sentence enhancing provisions delineated in § 18-1-105(9)(a)(V), 8B C.R.S. (1992), may be applied […]

(366 P.2d 678) HERMAN A. FLADER, ET AL. v. KENNETH N. SIMONSEN. No. 18,957.Supreme Court of Colorado. Decided November 27, 1961. Rehearing denied December 18, 1961. Action for damages for personal injuries resulting from airplane accident. Judgment for plaintiff. Reversed. 1. NEGLIGENCE — Airplane — Accident — Evidence. Charge that defendant knew or should have […]

S.A.S. v. The District Court, in and for the County of Jefferson, First Judicial District, and the Honorable Robert K. Willison, one of the Judges thereof No. 80SA323Supreme Court of Colorado. Decided February 9, 1981. Original Proceeding Page 59 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

William ETCHIESON, Plaintiff-Appellant, v. CENTRAL PURCHASING LLC, d/b/a Harbor Freight Tools; and Harbor Freight Tools, USA, Inc., d/b/a Harbor Freight Tools, Defendants-Appellants, and Precision Mastech Enterprises, Co. of Hong Kong, China, Defendant-Appellee. No. 09CA0218.Colorado Court of Appeals. April 15, 2010. Appeal from the District Court, El Paso County, David S. Prince, J. Page 302 [EDITORS’ […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Carolyn Ersila ROBERTS, a/k/a Carolyn Wilson, Defendant-Appellant. No. 03CA0214.Colorado Court of Appeals. Div. I. January 13, 2005. Certiorari Granted June 6, 2005. Appeal from the District Court, El Paso County, Gilbert A. Martinez, J. Page 76 Ken Salazar, Attorney General, Elizabeth Rohrbough, Assistant Attorney General, Denver, […]

William K. Schmidt, Plaintiff-Appellee, v. Colorado Department of Revenue, Motor Vehicle Division, and Marvin Heller, Defendants-Appellants. No. 82CA0289Colorado Court of Appeals. Decided September 2, 1982. Rehearing denied September 30, 1982. Certiorari denied December 13, 1982. Appeal from the District Court of Adams County, Honorable Oyer G. Leary, Judge. William R. Dowhan, for plaintiff-appellee. J.D. MacFarlane, […]

(252 P.2d 825) ROSA ET AL. v. UNION PACIFIC RAILROAD COMPANY ET AL. No. 16,853.Supreme Court of Colorado. Decided December 26, 1952. Rehearing denied February 2, 1953. An action for damages resulting from a collision of a railroad locomotive and automobile. Summary judgment for defendants. Reversed. 1. TRIAL — Evidence — Summary Judgments — Appeal […]

(447 P.2d 537) The City of Westminster, a municipal corporation existing in the County of Adams and State of Colorado, under and by virtue of the laws of the State of Colorado; the City Council of the City of Westminster; and Marshall E. Dodson, Vi June, Gilbert Bean, Harvey England, Harold Peterson, Donald Koch, and […]

The People of the State of Colorado, Complainant, v. Thomas L. Combs, Attorney-Respondent. No. 90SA446Supreme Court of Colorado. Decided February 19, 1991. Original Proceeding in Discipline. Linda Donnelly, Disciplinary Counsel, John S. Gleason, Assistant Disciplinary Counsel, for Complainant. No appearance for Attorney-Respondent. EN BANC PER CURIAM [1] This attorney discipline case is before us on […]

(490 P.2d 302) The People of the State of Colorado v. Samuel Towers, also known as Sam Towers. No. 25241Supreme Court of Colorado. Decided November 8, 1971. Interlocutory appeal from denial of defendant’s motion to suppress certain drugs seized in his companion’s dormitory room. Ruling Affirmed. 1. SEARCHES AND SEIZURES — Temporary Presence — Companion’s […]