Category: Colorado Court Opinions

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 […]

(522 P.2d 113) A. Theresa Janicek, Arnold J. Janicek and Patricia Janicek, a minor by and through her next friend and father, Arnold J. Janicek v. Gay M. Hinnen and Donald J. Hinnen No. 73-148Colorado Court of Appeals. Decided May 7, 1974. Defendants in negligence action served plaintiffs before trial with offer of judgment in […]

68 P.2d 913 CITY OF ENGLEWOOD v. BRYANT. No. 14,018.Supreme Court of Colorado. Decided May 24, 1937. Rehearing denied June 14, 1937. Action for damages for personal injuries resulting from a fall on a municipal sidewalk. Judgment for plaintiff. Reversed. 1. INSTRUCTIONS — No Evidentiary Support. An instruction, although announcing a correct principle of law, […]

The People of the State of Colorado, Plaintiff-Appellee, v. Robert Sandoval, Defendant-Appellant. No. 83CA0970Colorado Court of Appeals. Decided July 11, 1985. Rehearing Denied People August 1, 1985. Rehearing Denied Sandoval August 29, 1985. Certiorari Granted People October 21, 1985 (85SC340). Certiorari Denied Sandoval December 16, 1985 (85SC373). Appeal from the District Court of the City […]

(602 P.2d 884) The People of the State of Colorado v. Richard L. Vigil No. 78-939Colorado Court of Appeals. Decided August 9, 1979. Rehearing denied September 13, 1979. Certiorari denied November 13, 1979. Convicted of second degree kidnapping and first degree sexual assault, defendant appealed. Affirmed 1. CRIMINAL LAW — Sexual Assault — Kidnapping — […]

66 P.2d 323 ELLEMAN v. INDUSTRIAL COMMISSION ET AL. No. 14,100.Supreme Court of Colorado. Decided March 1, 1937. Proceeding under the Workmen’s Compensation Act. Judgment for defendants. Affirmed. 1. EVIDENCE — Death — Certificate. A certified copy of a death certificate is prima facie evidence of the facts therein stated. 2. WORKMEN’S COMPENSATION — Evidence […]

The People of the State of Colorado, Plaintiff-Appellee, v. Geralyn Guerrero, Defendant-Appellant. No. 99CA1818Colorado Court of Appeals. April 12, 2001 Rehearing Denied May 10, 2001. El Paso County District Court No. 91CR1151 Honorable Thomas Kelly Kane, Judge ORDER REVERSED AND CAUSE REMANDED WITH DIRECTIONS Ken Salazar, Attorney General, Wendy J. Ritz, Assistant Attorney General, Denver, […]

The People of the State of Colorado, Plaintiff-Appellee, v. Michael John Bobrik, Defendant-Appellant. No. 01CA0707.Colorado Court of Appeals. August 28, 2003. Certiorari Granted March 22, 2004. Arapahoe County District Court No. 98CR3120; Honorable Gerald J. Rafferty, Judge. JUDGMENT AFFIRMED, SENTENCES AFFIRMED IN PART, VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS. Page 866 Ken Salazar, […]

(280 P.2d 442) NEWMYER v. DAVID. No. 17,374.Supreme Court of Colorado. Decided February 21, 1955. An action to recover compensation for services rendered, and for damages for depriving plaintiff of the use of water for irrigation purposes. Judgment for plaintiff. Affirmed. Error to the District Court of Saguache County, Hon. George H. Blickhahn, Judge. Mr. […]

Jason A. Cappelli, Plaintiff-Appellant, v. Honorable James C. Demlow, Judge of the Jefferson County Court, Defendant-Appellee. No. 95CA0341Colorado Court of Appeals. Decided June 27, 1996 Petition for Rehearing DENIED July 25, 1996 Certiorari Denied April 7, 1997 Page 58 Appeal from the District Court of Jefferson County, Honorable Tom Woodford, Judge, No. 94CV1485. JUDGMENT AFFIRMED […]

149 P.2d 817 FLASCHE ET AL. v. WESTCOLO COMPANY ET AL. No. 15,118.Supreme Court of Colorado. Decided May 22, 1944. Rehearing denied June 19, 1944. An action to change the point of diversion of irrigation water. The trial court authorized the change as to petitioners’ flood water right, but denied it as to their ditch […]

Gillian P. Hartman, Plaintiff-Appellee v. Community Responsibility Center, Inc., Defendant-Appellant. No. 02CA1308Colorado Court of Appeals. November 6, 2003 Certiorari Denied March 22, 2004. Appeal from the District Court, Jefferson County, Jane A. Tidball, Judge. Vogt, J., concurs Webb, J., concurs in part and dissents in part. Page 203 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

The People of the State of Colorado, Plaintiff-Appellee and Cross-Appellant, v. Jesse A. Deroulet, a/k/a Jesse A. Proulet, a/k/a Jesse A. Peroulet, Defendant-Appellant and Cross-Appellee. No. 98CA0715Colorado Court of Appeals. June 8, 2000 Rehearing Denied July 13, 2000. Certiorari Granted January 16, 2001. Appeal from the District Court of El Paso County, Honorable Thomas K. […]

(430 P.2d 86) In the Matter of the Determination of Interests in the Land of Isaac Cisneros, deceased, Kate Cisneros, Rose Cisneros Abeyta, Mabel Cisneros Roman, Maria Cisneros Borrego, Petitioners v. Jose Rafael Cisneros and Ramos Cisneros, Respondents. No. 21367.Supreme Court of Colorado. Decided July 17, 1967. Rehearing denied August 14, 1967. Petition to set […]

(453 P.2d 789) Aspen Airways, Inc. a Colorado Corporation v. The Public Utilities Commission of the State of Colorado and Monarch Aviation, Inc., A Colorado Corporation. No. 23407.Supreme Court of Colorado. Decided April 28, 1969. From judgment affirming decision of Public Utilities Commission which granted non-scheduled air carriers’s application for amendment to its certificate of […]

The People of the State of Colorado, Plaintiff-Appellee, v. J.M., Juvenile Respondent-Appellant, and concerning D.A.M., Respondent-Appellant. No. 99CA0867Colorado Court of Appeals. October 26, 2000 Certiorari Denied April 23, 2001. Appeal from the District Court of Boulder County, Honorable Daniel C. Hale, Judge, No. 98JD1535. JUDGMENT AFFIRMED AND ORDER VACATED Page 546 Ken Salazar, Attorney General, […]

(367 P.2d 350) C. E. COUGHLIN, ET AL. v. GLENN H. TRUITT. No. 19,848.Supreme Court of Colorado. Decided December 26, 1961. Action on promissory note. Judgment for defendant. Reversed. 1. BILL AND NOTES — Evidence — Oral Release — Admissibility — Statute. Under C.R.S. ’53, 95-1-122, the renunciation of rights in a negotiable instrument must […]

Joseph Council, Petitioner-Appellant, v. J.D. MacFarlane, Manager of Safety and Ex-Officio Sheriff of the City and County of Denver; and Mose Trujillo, Warden of the Jail of the City and County of Denver, and State of Colorado, Respondents-Appellees. No. 85SA197Supreme Court of Colorado. Decided December 2, 1985. Appeal from District Court, City and County of […]

61 P.2d 582 SILVER STATE BUILDING AND LOAN ASSOCIATION v. AUSTIN ET AL. No. 13,551.Supreme Court of Colorado. Decided October 5, 1936. Action to recover a money judgment on a building and loan certificate. Judgment for plaintiffs on the pleadings. On Rehearing. Reversed. 1. PLEADING — Motion to Strike — Appeal and Error. In suit […]

Sharon K. Hewlett, Petitioner, v. Colorado Division of Employment and Training, Longmont Bakery Company, Inc., and The Industrial Claim Appeals Office of the State of Colorado, Respondents. No. 87CA0859Colorado Court of Appeals. Decided December 31, 1987. Rehearing Denied February 11, 1988. Certiorari Granted April 25, 1988 (88SC86). Review of Order from the Industrial Claim Appeals […]

(425 P.2d 304) Clarence W. Bailey, Jr., and Beatrice Bailey Shmock, also known as Mrs. Carlton L. Shmock, Sr. v. John M. Kennedy III, Benjamin F. Greathouse, Tillie G. Brown, Elizabeth G. Proctor, Elsie G. Talbot, Jessie Greathouse and Carolyn G. Miller No. 21960.Supreme Court of Colorado. Decided March 13, 1967. Rehearing denied April 10, […]

491 P.2d 81 The People of the State of Colorado in the Interest of G.D.K., a child v. G.D.K., a child, J.K., Jr., father, L.M.K., mother No. 71-104Colorado Court of Appeals. Decided August 31, 1971. Rehearing denied October 5, 1971. Certiorari denied December 6, 1971. Petition in delinquency. At jury trial, trial court entered judgment […]

The People of the State of Colorado, Plaintiff-Appellant, v. Seth Yellen, Defendant-Appellee. No. 84SA42Supreme Court of Colorado. Decided June 24, 1985. Rehearing Denied August 19, 1985. Appeal from District Court, Denver County Honorable Paul A. Markson, Jr., Judge Page 307 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

(577 P.2d 318) Charles D. Reynolds v. Joseph Farber, individually and as owner and operator of Joseph Farber Company, and Safeway Stores, Incorporated v. Skaggs Drug Centers, Inc. No. 77-267Colorado Court of Appeals. Decided March 16, 1978. In comparative negligence action for injuries sustained in slip and fall on shopping center parking lot, jury verdict […]

(506 P.2d 362) The People of the State of Colorado v. William Frederick Butcher No. 25415Supreme Court of Colorado. Decided February 13, 1973. Defendant was convicted of breaking and entering with intent to commit the crime of theft, and theft of over one hundred dollars ($100) and appealed. Reversed 1. INSTRUCTIONS, CRIMINAL — Theft — […]

The People of the State of Colorado, Plaintiff-Appellee, v. Gary L. Wiedemer, Defendant-Appellant. No. 82CA1436Colorado Court of Appeals. Decided September 6, 1984. Rehearing Denied October 11, 1984. Appeal from the District Court of Jefferson County Honorable Winston W. Wolvington, Judge Page 328 Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. […]

97 P.2d 448 CITY AND COUNTY OF DENVER ET AL. v. ARMSTRONG, STATE TREASURER. No. 14,536.Supreme Court of Colorado. Decided December 4, 1939. A proceeding under the Declaratory Judgments Act involving conflicting liens of sales tax and general taxes on personal property. Judgment for plaintiff state treasurer. Reversed. 1. STATUTES — Construction. It is a […]

Mercantile Financial Corporation, a Corporation, Plaintiff-Appellee, v. Gene Hamitt, Individually and d/b/a Amity Farms, Defendants-Appellants. No. 82CA1469Colorado Court of Appeals. Decided March 15, 1984. Appeal from the District Court of Prowers County Honorable John C. Statler, Judge Lefferdink and Davis, John S. Lefferdink, for plaintiff-appellee. Johnson McLachlan, Larry Stutler, for defendant-appellant. Division II. Opinion by […]

The People of the State of Colorado, Complainant, v. Eddie G. Distel, Attorney-Respondent. No. 86SA418Supreme Court of Colorado. Decided April 18, 1988. Original Proceedings in Discipline Page 655 Linda Donnelly, Disciplinary Prosecutor, George S. Meyer, Deputy Disciplinary Prosecutor, for Complainant. Hall Evans, Gary R. Cowan, for Respondent. EN BANC JUSTICE ROVIRA delivered the Opinion of […]

The People of the State of Colorado, Plaintiff-Appellant, v. Albert Raymond Gonzales, Defendant-Appellee. No. 99SA197Supreme Court of Colorado. November 1, 1999 Appeal from the District Court, Larimer County, Honorable James H. Hiatt, Judge JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Page 240 Stuart A. VanMeveren, District Attorney, Eighth Judicial District, Loren B. Schall, Assistant District […]

(607 P.2d 1024) Anthony Nesbit v. The Industrial Commission of The State of Colorado (Ex-Officio Unemployment Compensation Commission of Colorado) and Richard J. Frank Associates, Employer No. 79CA0367Colorado Court of Appeals. Decided December 6, 1979. Rehearing denied January 4, 1980. Certiorari denied March 10, 1980. Petitioner sought review of Industrial Commission order disqualifying him from […]

(356 P.2d 130) PEOPLE OF THE STATE OF COLORADO, EX REL. DUKE W. DUNBAR, ET AL. v. DALE A. FESTER, ADMINISTRATOR ETC. No. 19,056.Supreme Court of Colorado. Decided October 24, 1960. Proceeding for assessment of inheritance tax on funds held in joint tenancy. Judgment for objectors. Affirmed. 1. TAXATION — Inheritance Tax — Nature of […]

The People of the State of Colorado, Appellee, In the Interest of Carl Bucholz, Appellant. No. 88CA0663Colorado Court of Appeals. Decided March 23, 1989. Rehearing Denied 04/20/89 Certiorari Denied August 14, 1989 (89SC273). Appeal from the District Court of Boulder County Honorable Richard C. McClean, Judge. Page 301 H. Lawrence Hoyt, County Attorney, Ruth E. […]

(608 P.2d 369) Gloria A. Beeson v. Kelran Constructors, Inc., a Colorado corporation, and Wayne Lee Deal No. 78-809Colorado Court of Appeals. Decided December 28, 1979. Rehearing denied January 24, 1980. Certiorari denied March 24, 1980. Widow brought action to recover damages for the death of her husband which resulted from his being hit by […]

(540 P.2d 1094) The People of the State of Colorado v. Walter Ciari No. 26134Supreme Court of Colorado. Decided September 15, 1975. Rehearing denied October 20, 1975. Defendant was convicted of perjury and appealed. Affirmed 1. CONSPIRACY — Independent Evidence — Participation — Other Evidence In Furtherance — Admissible. If there is independent evidence that […]

Joy Benninghoven, individually and as Mother of Richard Benninghoven, a minor, Plaintiffs, v. Hagen Dees and Edith Dees, Defendants-Appellants, and Concerning The People of the State of Colorado, Appellee. No. 91CA1675Colorado Court of Appeals. Decided February 11, 1993. Appeal from the District Court of Douglas County Honorable Thomas J. Curry, Judge Page 907 Alan R. […]

The People of the State of Colorado, Appellant, In the Interest of: D.G., A Child, Appellee, And Concerning: N.G., Appellee. and The People of the State of Colorado, Appellant, In the Interest of: J.C.S, A Child, Appellee, And Concerning: F.S., Appellee. No. 85SA148Supreme Court of Colorado. Decided March 9, 1987. Rehearing Denied March 30, 1987. […]

The People of the State of Colorado, Complainant, v. Armando C De Baca, Attorney-Respondent. No. 93SA57Supreme Court of Colorado. Decided November 15, 1993 Original Proceeding in Discipline ATTORNEY SUSPENDED Linda Donnelly, Disciplinary Counsel, Kenneth B. Pennywell, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant Michael V. Makaroff, Englewood, Colorado, Attorney for Respondent EN BANC JUSTICE […]

Bryant Baker, Plaintiff-Appellant, v. Helen Erna Baker, Defendant-Appellee. No. 82CA0776Colorado Court of Appeals. Decided June 23, 1983. Appeal from the District Court of the City and County of Denver Honorable Daniel B. Sparr, Judge Page 768 Stephen M. Joynt, for plaintiff-appellant. Ralph B. Rhodes, for defendant-appellee. Division III. Opinion by JUDGE TURSI. [1] Husband appeals […]

School District No. 1, City and County of Denver, Petitioner-Appellee, v. Sherdyne Cornish, Respondent-Appellant. No. 01CA2043.Colorado Court of Appeals. Division IV May 9, 2002. Certiorari Denied November 18, 2002. Denver Public School District No. 1. ORDER AFFIRMED. Page 1092 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

Donetta Davidson, In her official capacity as the Colorado Secretary of State, Petitioner v. G.F. Sandstrom, Individually; Matt J. Puelen, Loretta Kennedy, and John L. Klomp, In their official capacities as the Board of County Commissioners for Pueblo County; Chris C. Munoz, in her official capacity as the County Clerk and Recorder for Pueblo County; […]

The People of the State of Colorado, Plaintiff-Appellee, v. John Patrick Leonard, Defendant-Appellant. No. 91CA1546Colorado Court of Appeals. Decided November 4, 1993. Rehearing Denied December 2, 1993. Certiorari Denied April 18, 1994. Appeal from the District Court of Adams County Honorable Philip F. Roan, Judge Honorable Donald W. Marshall, Judge No. 90CR1136 JUDGMENT AND ORDER […]

(537 P.2d 753) Elmer J. Benes, Trustee under The Benes Realty Trust, Melvyn B. McNamara and Carolyn B. McNamara v. Jefferson County Board of Adjustment, State of Colorado, and Nils Bloom No. 74-535Colorado Court of Appeals. Decided May 13, 1975. Rehearing denied June 10, 1975. Certiorari denied July 28, 1975. Adjoining property owner sought certiorari […]

495 P.2d 1162 Charla E. Austin v. College/University Insurance Company of America No. 71-211Colorado Court of Appeals. Decided April 4, 1972. Insurer appealed entry of judgment on life insurance policy. Plaintiff sought dismissal of the appeal on grounds that motion for new trial not timely filed. Appeal Dismissed 1. NEW TRIAL — Motion For — […]

The PEOPLE of the State of Colorado, Petitioner-Appellee, In the Interest of C.T.S. and S.S., Children, and Concerning B.S. and S.P., Respondents-Appellants. No. 06CA0072.Colorado Court of Appeals. June 1, 2006. Appeal from the District Court, Jefferson County, Brian D. Boatright, J. Page 333 Frank J. Hutfless, County Attorney, David M. Serafin, Assistant County Attorney, Golden, […]

Petitioner: The PEOPLE of the State of Colorado, v. Respondent: Benad ABIODUN. No. 03SC690.Supreme Court of Colorado. May 2, 2005. Appeal from the District Court, Jefferson County, Ruthanne N. Polidori, J. Page 463 John W. Suthers, Attorney General, Jennifer M. Smith, Assistant Attorney General, Appellate Division, Criminal Justice Section, Denver, for Petitioner. David S. Kaplan, […]

In the Matter of the Estate of: Clarence Royal, deceased. Waynetta Neal, Appellant, v. Clarence Royal, Jr., William Royal, Robert Wayne Royal, and Marshall G. Royal, Objectors-Appellees. No. 89CA2005Colorado Court of Appeals. Decided January 17, 1991. Rehearing Denied March 14, 1991. Certiorari Granted July 29, 1991 (91SC228). Certiorari Granted on the following issues: May witnesses […]

Dolores Conde, Plaintiff-Appellant, v. Colorado State Department of Personnel; Joann Soker, State Personnel Director, in her official capacity; Colorado Civil Rights Division, Jack Lang y Marquez, Executive Director, in his official and individual capacities; Colorado State Personnel Board; and Donald Luttrell, Chairman, in his official capacity, Defendants-Appellees. No. 93CA0002Colorado Court of Appeals. Decided March 10, […]

(364 P.2d 398) BELL PRESS, INC., ET AL. v. GIFFORD PHILLIPS. No. 19,484.Supreme Court of Colorado. Decided August 21, 1961. Rehearing denied September 11, 1961. Action on promissory note. Judgment for plaintiff. Affirmed. 1. TRIAL — Evidence — Conflict — Findings. Findings of the trial court, supported by evidence, will not be disturbed. 2. FRAUD […]

Brian Tepley, on behalf of himself, and all persons similarly situated, Plaintiff-Appellant, v. Public Employees Retirement Association, a body corporate and an instrumentality of the State of Colorado, Defendant-Appellee. No. 96CA1305Colorado Court of Appeals. August 7, 1997 Opinion Modified, and as Modified, Petitions for Rehearing DENIED 10/23/97 Petition for Writ of Certiorari DENIED May 26, […]

The People of the State of Colorado, Complainant, v. Gene Adkisson Barnett, Attorney-Respondent. No. 85SA406Supreme Court of Colorado. Decided January 31, 1986. Original Proceedings in Discipline Page 1077 Linda Donnelly, Disciplinary Prosecutor, for Complainant. Gene Adkisson Barnett, Pro Se. EN BANC JUSTICE LOHR delivered the Opinion of the Court. [1] The disciplinary prosecutor filed a […]

Northern Colorado Chapter, American Historical Society of Germans from Russia, a Colorado non-profit corporation, Petitioner-Appellee, in 87CA1870 v. Natalie Meyer, as Secretary of State of the State of Colorado, Respondent-Appellant, in 87CA1870. and W.O.J., Inc., a Colorado non-profit corporation, and Northern Colorado Chapter, American Historical Society of Germans from Russia, a Colorado non-profit corporation, Plaintiffs-Appellants, […]

(526 P.2d 672) Wanda Caroline Sanchez, a minor, by and through her mother and next friend, Mary Sanchez, and Ernest Sanchez and Mary Sanchez, individually v. Richard W. Staats No. 73-254Colorado Court of Appeals. Decided July 23, 1974. Rehearing denied August 13, 1974. Certiorari granted October 7, 1974. From a judgment dismissing her action for […]

Stephen Patterson, Plaintiff-Appellee, v. Dan Cronin and the City and County of Denver, a municipal Corporation, Defendants-Appellants. No. 80SA80Supreme Court of Colorado. Decided August 23, 1982. Rehearing denied September 7, 1982. Appeal from the District Court of the City and County of Denver, Honorable Robert P. Fullerton, Judge. Page 532 [EDITORS’ NOTE: THIS PAGE CONTAINS […]

(531 P.2d 987) Alcott Pharmacy, Inc., a Colorado corporation v. The State Board of Pharmacy of the State of Colorado; Margie C. Thompson, President of the State Board of Pharmacy; Robert E. Doyle; Conrad J. Stephens; Sheldon O. Jeffers; and Thomas E. Hitt, Members of the State Board of Pharmacy No. 74-051Colorado Court of Appeals. […]

34 P.2d 91 MUNSON v. LUXFORD, COUNTY JUDGE. No. 13,430.Supreme Court of Colorado. Decided April 2, 1934. Rehearing denied June 18, 1934. Certiorari to review certain proceedings in county court relative to an estate administration. Judgment of dismissal. Affirmed. On Application for Supersedeas. 1. CONTEMPT — Refusal to Obey Court Order. One who refuses to […]

(576 P.2d 169) Robert Craig McDonald v. The District Court in and for the Fourth Judicial District and the State of Colorado, the Honorable Donald E. Campbell, one of the judges thereof No. 27986Supreme Court of Colorado. Decided March 27, 1978. Original proceeding in which petitioner seeks a writ of prohibition and mandamus prohibiting the […]

The People of the State of Colorado, Complainant, v. James F. Wilbur, Attorney-Respondent. No. 90SA281Supreme Court of Colorado. Decided September 10, 1990. Original Proceeding in Discipline Page 977 Linda Donnelly, Disciplinary Counsel, John S. Gleason, Assistant Disciplinary Counsel, for Complainant. Michael L. Bender, for Attorney-Respondent. EN BANC PER CURIAM. [1] In this grievance proceeding, a […]

Douglas Austin, Nada Austin, Nicholas Bate, and Ange Bate, Plaintiffs-Appellees, v. U S West, Inc.; U S West Overseas Operations, Inc.; and U S West International, Inc., Defendants-Appellants. No. 96CA0066Colorado Court of Appeals. September 5, 1996 Page 182 Appeal from the District Court of Arapahoe County, Honorable Cheryl L. Post, Judge, No. 95CV1691. ORDER AFFIRMED […]

Mary K. KRUEGER, personal representative of the Estate of Iver M. Villa, a/k/a Iver Martin Villa, and a/k/a Martin Villa, deceased, Plaintiff-Appellant, v. Marlyn L. ARY, Defendant-Appellee. No. 06CA2142.Colorado Court of Appeals. December 13, 2007. Certiorari Granted May 27, 2008. Appeal from the District Court, Rio Blanco County, James B. Boyd, J. Page 924 [EDITORS’ […]

Ronald R. Smith, Plaintiff-Appellant and Cross-Appellee, v. Richard F. Huber and Virginia Lee Huber, individually, and Blue River Findings and Jewelry, Inc., a Colorado corporation, Defendants-Appellees and Cross-Appellants. No. 80CA1151Colorado Court of Appeals. Decided April 14, 1983. Rehearing Denied May 12, 1983. Appeal from the District Court Of Arapahoe County Honorable Richard L. Eason, Judge […]

(427 P.2d 323) Joseph Benallo v. James Phillip Bare, by his Mother and next friend, Ruth L. Rennells No. 21374.Supreme Court of Colorado. Decided February 27, 1967. Rehearing denied April 24, 1967. Action by plaintiff, a minor, to recover damages for injuries sustained as a result of an automobile accident. Judgment for plaintiff. Affirmed. 1. […]

111 P.2d 1057 STEPHENS v. THE PEOPLE. No. 14,768.Supreme Court of Colorado. Decided March 24, 1941. Plaintiff in error was convicted of first degree murder and sentenced to death. Affirmed. 1. CRIMINAL LAW — Murder — Change of Venue. In a criminal case in which defendant was convicted of first degree murder and sentenced to […]

(544 P.2d 643) Vista Financial Corporation, a corporation v. Herbert E. Tucker and Judith L. Tucker No. 74-565Colorado Court of Appeals. Decided September 16, 1975. Opinion modified and as modified, petition for rehearing denied October 23, 1975. Certiorari granted February 2, 1976. Registration of foreign judgment was vacated, and plaintiff seeking that registration appealed. Reversed […]

(547 P.2d 938) In the Matter of the Estate of R. Forrest Brenner, a/k/a Russell Forest Brenner, a/k/a R. F. Brenner, a/k/a Robert Brenner, Deceased, Marjorie W. McLean, Administratrix of the Estate of Evelyn Brenner v. Steven Thomas Brenner, Intervenor, and Neal Evan Brenner, Executor of the Estate of R. Forrest Brenner No. 75-185Colorado Court […]

The PEOPLE of the State of Colorado, Petitioner/Cross-Respondent v. David Arthur WITTREIN, Respondent/Cross-Petitioner. No. 08SC588.Supreme Court of Colorado. December 14, 2009. Rehearing Denied January 11, 2010.[*] [*] Justice Martinez and Justice Bender would grant the petition. Appeal from the District court, Arapahoe country, James F. Macrum, Jr., J. Page 1077 [EDITORS’ NOTE: THIS PAGE CONTAINS […]

Neal Carron, Jim Johnnie, Shirley Johnnie, Roger Loper, Ann Loper, Roger Smith, Linda Smith, Plaintiffs-Appellants, v. Board of County Commissioners, Ouray County, Don A. Caddy, Joe Mattivi, Alan Staehle, Ron Bell, Robert J. Jepsen, Myrna L. Jepsen, Defendants-Appellees. No. 97CA1517.Colorado Court of Appeals. October 15, 1998. Rehearing Denied November 27, 1999. Certiorari Denied May 17, […]

In re the Marriage of: Edward A. Molloy and Erika Molloy No. 80CA0671Colorado Court of Appeals. Decided October 22, 1981. Appeal from the District Court of El Paso County, Honorable Donald E. Campbell, Judge. Page 929 Barash, LeHouillier Walsh, Patric J. LeHouillier, for appellant. Kruse Lynch, P.C., Franklin E. Lynch, for appellee. Division III. Opinion […]

35 P.2d 1015 BOLTZ v. BONNER. No. 13,203.Supreme Court of Colorado. Decided September 10, 1934. Action for damages for personal injuries resulting from an automobile accident. Judgment for plaintiff. Affirmed. 1. PLEADING — Complaint — Sufficiency — Delayed Objections. Where the objection that a complaint does not state facts sufficient to constitute a cause of […]

(484 P.2d 1238) The People of the State of Colorado v. Bernard Rocky Lujan and Barbara Ann Valdez. No. 25068.Supreme Court of Colorado. Decided May 17, 1971. Interlocutory appeal by defendants claiming that trial court erred in failing to suppress evidence seized by police while conducting a search of defendant Lujan’s premises. Ruling Affirmed in […]

(599 P.2d 907) The City of Colorado Springs, a municipal corporation v. James F. Gladin and Faye J. Gladin No. C-1807Supreme Court of Colorado. Decided September 10, 1979. In an action for damages and for an injunction arising out of subsidence of real property, the court of appeals affirmed the trial court’s denial of the […]

68 P.2d 1118 JOE MILLER AND COMPANY ET AL. v. RUDOLPH, ADMINISTRATOR ET AL. No. 13,798.Supreme Court of Colorado. Decided May 17, 1937. Judgment affirmed in department without written opinion, Mr. Chief Justice Burke, Mr. Justice Bouck and Mr. Justice Young, participating. Mr. SAMUEL CHUTKOW, Mr. NOAH A. ATLER, for plaintiffs in error. Mr. LEONARD […]

In re the Marriage of Anita Louise Sabala, Appellant, and Richard Albert Sabala, Appellee. No. 89CA0985Colorado Court of Appeals. Decided October 11, 1990. Rehearing Denied November 15, 1990. Appeal from the District Court of the City and County of Denver Honorable John W. Coughlin, Judge. Page 1164 Machol and Machol, P.C., Wendy L. Merrill, Bruce […]

The People of the State of Colorado, Plaintiff-Appellee, v. Clayton Ellington, Defendant-Appellant. No. 92SA241Supreme Court of Colorado. Decided June 14, 1993. Rehearing Denied July 6, 1993. Appeal from the District Court, El Paso County Honorable Steven T. Pelican, Judge Page 224 Gale A. Norton, Attorney General, Raymond T. Slaughter, Chief Deputy Attorney General, Timothy M. […]

Sky Fun 1, a Colorado corporation, Petitioner, v. John Schuttloffel, Respondent. No. 00SC291Supreme Court of Colorado. July 2, 2001 Certiorari to the Colorado Court of Appeals Court of Appeals No. 98CA1209. JUDGMENT AFFIRMED IN PART AND REVERSED IN PART Page 362 No. 00SC291: Sky Fun 1 v. John Schuttloffel StatutoryInterpretation — Federal Preemption — 49 […]

(240 P.2d 923) MALOY ET AL. v. GRIFFITH ET AL. No. 16,624.Supreme Court of Colorado. Decided January 21, 1952. Rehearing denied February 11, 1952. An action for damages allegedly resulting from false and fraudulent representation. Judgment for defendants. Reversed. 1. PRACTICE AND PROCEDURE — New Trials. The proper method of presenting an irregularity in proceedings […]

(552 P.2d 29) The People of the State of Colorado In the Interest of D.H., a Child, and concerning D.H. and J.H. No. 75-556Colorado Court of Appeals. Decided April 29, 1976. Rehearing denied May 20, 1976. Certiorari granted July 12, 1976. In delinquency proceeding, juvenile division of district court waived jurisdiction over child, and child […]

30 P.2d 319 DISTRICT LANDOWNERS TRUST ET AL. v. DOHERTY. No. 13,416.Supreme Court of Colorado. Decided February 26, 1934. Action at law on a certificate of indebtedness. Judgment for plaintiff. Reversed. 1. BILLS AND NOTES — Pleading. Where a declaration of trust is by the terms of a certificate of indebtedness made a part thereof, […]

(445 P.2d 408) Robert William Gibbons v. The People of the State of Colorado. No. 23085.Supreme Court of Colorado. Decided September 30, 1968. Defendant was convicted of causing a death by driving a motor vehicle while under the influence of intoxicating liquor, and brought error. Reversed. 1. HOMICIDE — Motor Vehicle — Influence of Intoxicating […]

(593 P.2d 349) The People of the State of Colorado v. Allen Carl Gorniak No. C-1588Supreme Court of Colorado. Decided March 26, 1979. Rehearing denied April 30, 1979. Crim. P. 35 motion by defendant to vacate guilty plea, contending that he did not understand that his intoxication at time of crime would be an affirmative […]

In Re Marriage of: Cate Rosenberg, Appellant, and Howard Rosenberg, and concerning, Plaut and Lipstein, P.C., Appellee. No. 83CA1038Colorado Court of Appeals. Decided August 16, 1984. Rehearing Denied September 13, 1984. Appeal from the District Court of the City and County of Denver Honorable Warren O. Martin, Judge Page 1294 Merle R. Knous for Appellant. […]

(566 P.2d 364) The People of the State of Colorado v. Jerry Roger Smith a/k/a Roger Don Yates; Gary Lee Williams; Donald L. Shirer; and James Lincoln Crall a/k/a Lincoln Fredrick Black No. 27326Supreme Court of Colorado. Decided July 11, 1977. District court declared section 42-5-102, C.R.S. 1973, (Stolen auto parts — buying and selling) […]

149 P.2d 370 FARMERS’ DAIRY LEAGUE, INC. v. CITY AND COUNTY OF DENVER ET AL. No. 15,238.Supreme Court of Colorado. Decided May 22, 1944. An action to restrain the enforcement of a municipal ordinance relating to the sale of milk and other dairy products. Judgment for defendants. Affirmed. 1. ACTIONS — Municipal Ordinances — Courts. […]

The People of the State of Colorado, Plaintiff-Appellant, v. Joseph Franklin Trancoso, Defendant-Appellee. No. 87SA496 No. 87SA497Supreme Court of Colorado. Decided July 3, 1989. Appeal from the District Court of Arapahoe County Honorable Jack F. Smith, Judge. Page 375 Robert R. Gallagher, Jr., District Attorney, Brian K. McHugh, Deputy District Attorney, Annette D. Nickel, Deputy […]

(413 P.2d 200) Maxine Lorraine Lidke v. Industrial Commission, et al. No. 21663Supreme Court of Colorado. Decided April 18, 1966. From a judgment of the district court affirming the action of the Industrial Commission which denied her claim for unemployment compensation, the claimant brought error. Reversed. 1. SOCIAL SECURITY AND PUBLIC WELFARE. — Industrial Commission […]

The People of the State of Colorado, Plaintiff-Appellee, v. Roy Vincent Martin, Jr., Defendant-Appellant. No. 81CA0005Colorado Court of Appeals. Decided September 1, 1983. Appeal from the District Court of El Paso County Honorable Robert W. Johnson, Judge Page 23 J.D. MacFarlane, Attorney General, Charles B. Howe, Deputy Attorney General, Joel Cantrick, Special Assistant Attorney General, […]

Melvin J. Riley, Petitioner, v. The People of the State of Colorado, Respondent. No. 90SC721Supreme Court of Colorado. Decided April 13, 1992. Certiorari to the Colorado Court of Appeals. Page 255 David F. Vela, Colorado State Public Defender, Janet Fullmer Youtz, Deputy State Public Defender, for Petitioner. Gale A. Norton, Attorney General, Raymond T. Slaughter, […]

(236 P.2d 296) PETER KIEWIT SONS’ COMPANY ET AL. v. INDUSTRIAL COMMISSION ET AL. No. 16,694.Supreme Court of Colorado. Decided September 10, 1951. A proceeding under the Workmen’s Compensation Act. Judgment for dependent claimants. Affirmed. 1. WORKMEN’S COMPENSATION — Compensation — Employee’s Health. “Compensation is not dependent on the state of an employee’s health or […]