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, […]
Category: Colorado Court Opinions
IN RE MARRIAGE OF WEBB v. CHRISTIANSEN, 10CA2333 (Colo.App. 8-18-2011)
In re the Marriage of Craig B. Webb, Appellee, v. Dana L. Christiansen, Appellant. Court of Appeals No. 10CA2333.Colorado Court of Appeals. Division II. August 18, 2011. Weld County District Court No. 05DR1071, Honorable Julie C. Hoskins, Judge. In this post-dissolution of marriage proceeding, Dana L. Christiansen (mother) appeals the finding of contempt and award […]
FARMERS’ ASS’N v. BANK, 86 Colo. 293 (1929)
281 P. 366 FARMERS’ UNION MUTUAL PROTECTIVE ASSOCIATION OF COLORADO v. SAN LUIS STATE BANK. No. 12,056.Supreme Court of Colorado. Decided September 30, 1929. Action on fire insurance policy. Judgment for plaintiff. Affirmed. 1. TRUST DEED — Insurance — Agency. Where the grantor of a deed of trust agreed therein to insure the buildings against […]
KIEWIT CO. v. INDUSTRIAL COM., 124 Colo. 217 (1951)
(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 […]
TELLURIDE v. BOARD OF EQUAL., 789 P.2d 201 (Colo.App. 1989)
Telluride Regional Airport Authority, a municipal corporation, Plaintiff-Appellee and Cross-Appellant, v. Board of Equalization of the State of Colorado, Defendant-Appellant and Cross-Appellee. No. 87CA1067Colorado Court of Appeals. Decided August 17, 1989. Rehearing Denied September 28, 1989. Petition for Writ of Certiorari Denied March 12, 1990 (89SC597). Appeal from the District Court of the City and […]
COLO. LAND USE COMM. v. COUNTY COMM., 199 Colo. 7 (1979)
(604 P.2d 32) Colorado Land Use Commission v. The Board of County Commissioners of the County of Larimer, and in their official capacity, William Lopez, Chairman, David Weitzel, and Nona Thayer, the individual members of said Board, and The City of Fort Collins, The City of Loveland, The City of Longmont, The Town of Estes […]
HARDING v. BRAYTON, 93 Colo. 345 (1933)
26 P.2d 106 HARDING v. BRAYTON ET AL. No. 12,905.Supreme Court of Colorado. Decided October 9, 1933. Proceeding to adjudicate rights of possession and rights to patent to mining claims. Demurrer to petition in intervention sustained and petition dismissed. Affirmed. 1. ACTIONS — Nature — Pleading. The allegations of a complaint determine the character and […]
YOUNG v. INDUSTRIAL CLAIM APPEALS, 969 P.2d 735 (Colo.App. 1998)
Bryce Young, Petitioner, v. The Industrial Claim Appeals Office of the State of Colorado, Respondents, and The Division of Workers’ Compensation, and Mary Ann Whiteside, Director, Division of Workers’ Compensation, State of Colorado, Intervenors. No. 97CA1165Colorado Court of Appeals. April 16, 1998 Rehearing Denied May 14, 1998 Certiorari Denied January 11, 1999 Review of Order […]
CICCARELLI v. GUARANTY BANK, 99 P.3d 85 (Colo.App. 2004)
Victor CICCARELLI and Barbara Ciccarelli, Plaintiffs-Appellees, v. GUARANTY BANK, Defendant-Appellant. No. 02CA2335.Colorado Court of Appeals. March 25, 2004. Certiorari Denied October 4, 2004. Appeal from the District Court, City and County of Denver, William D. Robbins, J. Page 86 Kutner Miller Kearns, PC, Lee M. Kutner, David M. Miller, Denver, Colorado, for Plaintiffs-Appellees. Podoll Podoll, […]
HARVESTER CO. v. EDWARDS, 76 Colo. 531 (1925)
233 P. 164 INTERNATIONAL HARVESTER COMPANY OF AMERICA v. EDWARDS. No. 10,938.Supreme Court of Colorado. Decided February 2, 1925. Action for rescission of contract. Judgment for plaintiff. Affirmed. 1. CONTRACT — Rescission. Rescission does not lie, where the defendant, in making a contract, promises to do some act in the future which he refuses to […]
HILZER v. M’DONALD v. DFY. STG., 169 Colo. 230 (1969)
(454 P.2d 928) Bertyl N. Hilzer and Industrial Commission of Colorado v. Dennis MacDonald and Vail Village Inn, Ltd., v. Duffy Storage and Moving Company and Lloyd D. Countryman. No. 22464.Supreme Court of Colorado. Decided June 2, 1969. Rehearing denied June 23, 1969. Action by employee to recover damages for personal injury suffered while trying […]
PEOPLE v. CAPPELLI, 927 P.2d 832 (Colo. 1996)
THE PEOPLE OF THE STATE OF COLORADO, Plaintiff-Appellant, v. JASON CAPPELLI, Defendant-Appellee. No. 96SA346Supreme Court of Colorado. November 18, 1996 Interlocutory Appeal from the District Court, Jefferson County, Honorable William P. DeMoulin, Judge. RULING REVERSED David J. Thomas, District Attorney, First Judicial District, Donna Skinner Reed, Chief Appellate Deputy District Attorney, Golden, Colorado, Attorneys for […]
DRUM v. DAIRYLAND INS. CO., 37 Colo. App. 222 (1975)
(546 P.2d 1283) Raymond Joseph Drum and Colorado Farm Bureau Mutual Insurance Company v. Dairyland Insurance Company and Leo D. Miller No. 75-320Colorado Court of Appeals. Decided December 18, 1975. Opinion modified and as modified petition for rehearing denied January 22, 1976. Certiorari granted March 15, 1976. In action seeking a determination of insurance coverage […]
SUMERS v. COMMISSIONERS, 117 Colo. 57 (1947)
184 P.2d 144 SUMERS v. BOARD OF COMMISSIONERS, GARFIELD COUNTY. No. 15,761.Supreme Court of Colorado. Decided July 28, 1947. Action by a board of county commissioners to quiet title to lands, and involving tax deeds and tax certificates of sale. Judgment for plaintiff. Modified and Affirmed. 1. ACTIONS — In Rem — In Personam — […]
KERNS v. KERNS, 53 P.3d 1157 (Colo. 2002)
In Re Steve Kerns, Plaintiff, v. Sok Sun Kerns; John Hoehne; Karl Hoehne; Hoehne Bros., a Minnesota general partnership; Ray-Paul, Inc., a Colorado corporation; and John Does, Defendants. No. 02SA59Supreme Court of Colorado. May 28, 2002 Original Proceeding Pursuant to C.A.R. 21, Larimer County District Court, Case No. 01CV1170, Honorable Arnaud Newton, Judge. RULE MADE […]
LEMING v. ICAO, 62 P.3d 1015 (Colo.App. 2002)
Michael Leming, Petitioner and Cross-Respondent, v. Industrial Claim Appeals Office of the State of Colorado, Respondent, and Rockwell International and Travelers Insurance, Respondents and Cross-Petitioners. No. 01CA0865.Colorado Court of Appeals. Division I May 9, 2002. Modified July 25, 2002. Certiorari Denied January 27, 2003. Industrial Claim Appeals Office of the State of Colorado; W.C. No. […]
METAXOS v. PEOPLE, 76 Colo. 264 (1924)
230 P. 608 METAXOS v. THE PEOPLE. No. 11,084.Supreme Court of Colorado. Decided November 10, 1924. On order remanding insane person to the state asylum. Affirmed. On Application for Supersedeas. 1. INSANE PERSONS — Remand to Asylum — Jury. Under the provisions of section 565, C. L. ’21, concerning insane persons, it appearing to the […]
LLOYD v. STATE PERSONNEL BOARD, 710 P.2d 1177 (Colo.App. 1985)
Judson F. Lloyd, M.D., Plaintiff-Appellant, v. State Personnel Board of the State of Colorado and the Members thereof, to wit: Randall C. Mustain-Wood, Tucker K. Trautman, Lincoln L. Baca, Raymond C. Delisle, Jan Knoop and M. Eileen Perichetti, Secretary-Administrator, Thomas R. Moeller and Edward A. Turrou, Hearing Officers appointed by State Personnel Board of the […]
PEOPLE v. BARROW, 139 P.3d 636 (Colo. 2006)
The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. William Goddrell BARROW, Defendant-Appellee. No. 06SA56.Supreme Court of Colorado. June 26, 2006. Appeal from the District Court, Larimer County, No. 05CR1466, Terence Gilmore, J. Page 637 Larry R. Abrahamson, District Attorney, 8th Judicial District, C. Michelle Brinegar, Senior Deputy District Attorney, Ft. Collins, Colorado, Attorneys for […]
PUEBLO v. FLANDERS, 122 Colo. 571 (1950)
(225 P.2d 832) CITY OF PUEBLO ET AL. v. FLANDERS. No. 16,216.Supreme Court of Colorado. Decided October 30, 1950. An action to enjoin officers of a municipal corporation from furnishing fire protection to property located outside of the city limits. Judgment for plaintiff. Reversed. 1. MUNICIPAL CORPORATIONS — Injunction. “Courts should not grant the equitable […]
IN RE MARRIAGE OF OBERG, 900 P.2d 1267 (Colo.App. 1994)
In re the Marriage of Daniel Alan Oberg, Appellee and Cross-Appellant, and Christina Marie Oberg, Appellant and Cross-Appellee. No. 93CA1621Colorado Court of Appeals. Decided November 17, 1994 Opinion Modified, and as Modified, Petitions for Rehearing DENIED 1/12/95 Petition for Writ of Certiorari DENIED July 31, 1995 Appeal from the District Court of Arapahoe County Honorable […]
HARTMAN v. DEAN WITTER ETC., 897 P.2d 842 (Colo.App. 1994)
Laurence C. Hartman, Plaintiff-Appellant and Cross-Appellee, v. Dean Witter Reynolds, Inc., Defendant-Appellee and Cross-Appellant, and Norwest Bank-Colorado Springs, N.A., a/k/a United Bank of Colorado Springs, N.A., Defendant-Appellee. No. 93CA1663Colorado Court of Appeals. Decided October 20, 1994. Petitions for Rehearing DENIED December 22, 1994. Petition for Writ of Certiorari DENIED July 6, 1995. Appeal from the […]
GOSSARD v. WATSON, 128 Colo. 275 (1953)
(261 P.2d 502) GOSSARD v. WATSON ET AL. No. 17,001.Supreme Court of Colorado. Decided September 21, 1953. An action for damages resulting from a collision between a coal truck belonging to defendants, and a Ford pickup, property of plaintiff. Judgment for defendants. Reversed. 1. AUTOMOBILES — Negligence — Statutes. In an action for damages resulting […]
WYCON CONST. v. WHEAT RIDGE SANI., 870 P.2d 496 (Colo.App. 1993)
Wycon Construction Company, a corporation, Plaintiff-Appellant, v. Wheat Ridge Sanitation District, a quasi-municipal corporation, Defendant-Appellee. No. 92CA0137Colorado Court of Appeals. Decided April 8, 1993. Opinion Modified, and as Modified Rehearing Denied September 9, 1993. Certiorari Denied March 21, 1994. Appeal from the District Court of Jefferson County Honorable Michael C. Villano, Judge Boatright and Ripp, […]
IN RE THE MARRIAGE OF GARCIA, 773 P.2d 1110 (Colo.App. 1989)
In re the Marriage of Carol Aragon, f/k/a Carol Garcia, and John Benjamin Garcia, Sr., Appellee, and Concerning Las Animas County Department of Social Services, Appellant. No. 88CA0343Colorado Court of Appeals. Decided April 13, 1989. Page 1111 Appeal from the District Court of Las Animas County Honorable Jesse Manzanares, Judge. Duane Woodard, Attorney General, Charles […]
BIESER v. IRWIN, 101 Colo. 210 (1937)
72 P.2d 271 BIESER, RECEIVER v. IRWIN ET AL. No. 13,743.Supreme Court of Colorado. Decided September 20, 1937. Action on promissory note. Judgment against one defendant only. Affirmed. 1. APPEAL AND ERROR — Findings. In an action on a promissory note, evidence of notice to endorsers of nonpayment not being convincing, a general finding of […]
DEPT. OF HIGHWAYS v. DAVIS, 626 P.2d 661 (Colo. 1981)
State Department of Highways, Division of Highways, State of Colorado v. Edward Davis and Gertrude R. Davis, Heritage Savings and Loan Association; Marie R. DeWitt and Lloyd C. DeWitt, Trustees, D. Kirk Tracy; and Geneva C. Mosher, as Treasurer and Public Trustee of Prowers County No. 79SC147Supreme Court of Colorado. Decided April 6, 1981. Opinion […]
DAVIS v. PEOPLE, 83 Colo. 295 (1928)
264 P. 658 DAVIS v. THE PEOPLE. No. 12,012.Supreme Court of Colorado. Decided January 30, 1928. Plaintiff in error was convicted of bigamy. Affirmed. On Application for Supersedeas. 1. CRIMINAL LAW — Bigamy — Venue. In the absence of statute providing otherwise the offense of bigamy can be prosecuted only in the county in which […]
IN RE LOPEZ, 109 P.3d 1021 (Colo.App. 2005)
In the Matter of Donald M. LOPEZ, a protected person. Roger Lopez, Petitioner-Appellee, v. Victor Montoya and Lynn Smith, Respondents-Appellants. No. 03CA0824.Colorado Court of Appeals. Division V. October 7, 2004. Certiorari Denied April 11, 2005. Page 1022 Appeal from the District Court, C. Vincent Phelps, J. Marvin Dansky, P.C., Marvin Dansky, Westminster, Colorado, for Petitioner-Appellee. […]
HIGHWAYS v. INTERSTATE, 772 P.2d 649 (Colo.App. 1988)
State Department of Highways, Division of Highways, State of Colorado, Petitioner-Appellee, v. Interstate-Denver West, a Colorado joint venture consisting of C. Gary Skartvedt, Thomas W. Anthony and Macy J. Price, Respondent-Appellant. No. 86CA0946Colorado Court of Appeals. Decided December 8, 1988. Rehearing Denied January 12, 1989. Certiorari Granted State April 24, 1989 (89SC61). Appeal from the […]
PEOPLE v. HUERTA, 87 P.3d 266 (Colo.App. 2004)
The People of the State of Colorado, Plaintiff-Appellee, v. Eddy Huerta, Defendant-Appellant. No. 02CA0913.Colorado Court of Appeals. February 12, 2004. Douglas County District Court No. 93CR90, Honorable Thomas J. Curry, Judge. Defendant, Eddy Huerta, appeals the trial court’s order denying his Crim. P. 35(a) motion to correct an illegal sentence. We vacate the order and […]
BEET GROWERS ASS’N v. MONROE, 84 Colo. 300 (1928)
269 P. 886 MOUNTAIN STATES BEET GROWERS MARKETING ASSOCIATION v. MONROE. No. 12,118.Supreme Court of Colorado. Decided July 9, 1928. Action to enjoin enforcement of beet grower’s contract. Judgment for plaintiff. Affirmed. 1. MARKETING ASSOCIATIONS — Powers. Marketing associations have the power to engage in any activity in connection with, and incidental to, the marketing […]
PEOPLE v. GONZALES, 37 Colo. App. 8 (1975)
(543 P.2d 72) The People of the State of Colorado v. Philip Gonzales No. 74-373Colorado Court of Appeals. Decided September 23, 1975. Opinion modified and as modified petition for rehearing denied October 30, 1975. Certiorari denied December 22, 1975. From conviction of two of four crimes charged relative to possession of narcotic drugs, defendant appealed […]
McNEILL v. CORTEZ, 148 Colo. 277 (1961)
(365 P.2d 687) DAVE McNEILL v. THE CITY COUNCIL OF CORTEZ, ET AL. No. 19,882.Supreme Court of Colorado. Decided October 23, 1961. From a judgment affirming denial of a liquor license, the applicant brings error. Reversed. 1. INTOXICATING LIQUORS — License — Denial. Where record discloses that only one such outlet as that for which […]
IN THE MATTER OF MUSSELMAN, 784 P.2d 857 (Colo.App. 1989)Page 858
In the Matter of the Estate of Gus G. Musselman, Deceased. Cora Marie Lusenhop, Conservatrix with endorsement of powers of Personal Representative for the Estate of Gus Gillispie Musselman, Conservatrix-Appellant, v. Estate of Alice O. Musselman, and Pueblo County Department of Social Services as Conservator for the Estate of Alice O. Musselman, Objectors-Appellees. No. 88CA1396Colorado […]
WATER SUPPLY v. CURTIS, 733 P.2d 680 (Colo. 1987)
Water Supply and Storage Company, Applicant-Appellant, v. Harvey W. Curtis and Mark H. Curtis, Protestants-Appellees. No. 85SA84Supreme Court of Colorado. Decided March 9, 1987. Appeal from the District Court in and for Water Division 1 Honorable Robert A. Behrman, Water Judge Page 681 Ward H. Fischer, William R. Fischer, for Applicant-Appellant. Harvey W. Curtis, for […]
NAT’L ACCOUNT SYSTEMS, INC. v. DIST. CT., 634 P.2d 48 (Colo. 1981)
National Account Systems, Inc. v. District Court in and for the Second Judicial District and the Honorable Robert T. Kingsley, Judge thereof No. 81SA278Supreme Court of Colorado. Decided September 14, 1981. Original Proceeding Steven A. Gall, S. L. Nickolas, for petitioner. Clive A. O’Leary, for respondents. En Banc. JUSTICE LOHR delivered the opinion of the […]
PEOPLE v. VIGIL, 729 P.2d 360 (Colo. 1986)
The People of the State of Colorado, Plaintiff-Appellant, v. Anna Irene Vigil, A/K/A Anna Irene Martinez, Defendant-Appellee. No. 84SA459Supreme Court of Colorado. Decided December 8, 1986. Appeal from the District Court, Adams County Hon. Michael Obermeyer, Judge Page 361 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]
SELF v. PEOPLE, 133 Colo. 524 (1956)
(297 P.2d 887) JIMMIE ELLES SELF v. PEOPLE OF THE STATE OF COLORADO. No. 17,849.Supreme Court of Colorado. Decided May 28, 1956. Petition for writ of habeas corpus by prisoner in custody under warrant of extradition. The trial court discharged the writ and remanded petitioner to custody. Affirmed. 1. EXTRADITION — Parole — Revocation — […]
FINCH v. McCRIMMON, 100 Colo. 315 (1937)
67 P.2d 623 ESTATE OF FINCH. FINCH, ADMINISTRATOR v. McCRIMMON, ADMINISTRATOR. No. 14,121.Supreme Court of Colorado. Decided April 12, 1937. A proceeding involving a claim against the estate of a deceased person. The jury’s verdict was for claimant, alleged by representatives of the estate to be excessive, and the court, disregarding a motion for new […]
DeCICCO v. TRINIDAD AREA HEALTH ASS’N, 40 Colo. App. 63 (1977)
(573 P.2d 559) Joe DeCicco v. Trinidad Area Health Association and Louis Foubare No. 76-307Colorado Court of Appeals. Decided September 15, 1977. Rehearing denied October 13, 1977. Certiorari denied January 3, 1978. In claim for outrageous conduct arising from incident in which defendant refused ambulance service to plaintiff’s wife following her physician’s request therefor, jury […]
GRIFFIN v. CAPITAL SECURITIES OF AMERICA, 09CA1659 (Colo.App. 9-30-2010)
Faye Griffin, in her official capacity as Treasurer of Jefferson County; and Board of County Commissioners of Jefferson County, Plaintiffs-Appellees and Cross-Appellants, v. Capital Securities of America, Inc.; Jerry Manning; and Adam Alves, Defendants-Appellants and Cross-Appellees. Court of Appeals No. 09CA1659.Colorado Court of Appeals. Division IV. September 30, 2010. Jefferson County District Court No. 07CV6834, […]
INSURANCE CO. v. FRANKFATHER, 124 Colo. 21 (1951)
(233 P.2d 384) RESERVE LIFE INSURANCE COMPANY v. FRANKFATHER. No. 16,583.Supreme Court of Colorado. Decided June 18, 1951. An action on a health and accident insurance policy. Judgment for plaintiff in the sum of $695.00. PER CURIAM. Judgment affirmed en banc without written opinion. Error to the District Court of the City and County of […]
PEOPLE v. ALLEN, 78 P.3d 751 (Colo.App. 2001)
The People of the State of Colorado, Plaintiff-Appellee, v. Jerald Allen, Defendant-Appellant. No. 98CA2043.Colorado Court of Appeals. September 27, 2001. Opinion Modified, and As Modified, Petition for Rehearing DENIED October 25, 2001. Certiorari Denied April 15, 2002[1] [1] Justice BENDER would grant as to the following issue: Whether People v. Thomas, 729 P.2d 972 (Colo. […]
AIGNER v. COWELL SALES CO., 660 P.2d 907 (Colo. 1983)
Phil Aigner, a/k/a Phillip R. Aigner, Petitioner, v. Cowell Sales Company, a Colorado corporation, Respondent. No. 81SC215Supreme Court of Colorado. Decided April 4, 1983. Page 908 Certiorari to the Colorado Court of Appeals A. Daniel Rooney, for petitioner. Phyllis G. Knight, Huntington C. Brown, for respondent. En Banc. JUSTICE ROVIRA delivered the opinion of the […]
PEOPLE v. MOORE, JR., 192 Colo. 570 (1977)
(561 P.2d 340) The People of the State of Colorado v. Harold E. Moore, Jr. No. 27482Supreme Court of Colorado. Decided March 21, 1977. Proceedings in discipline. Attorney Disbarred 1. ATTORNEY AT LAW — Failure to Adequately Represent Client — Disbarred. Actions of attorney who failed to adequately represent his client were in violation of […]
PEOPLE v. LEE, 630 P.2d 583 (Colo. 1981)
The People of the State of Colorado v. David Scott Lee No. 80SA314Supreme Court of Colorado. Decided June 15, 1981. Rehearing denied July 6, 1981. Appeal from the District Court of the County of El Paso, Honorable William E. Rhodes, Judge. Page 584 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]
PEOPLE v. EATON, 187 Colo. 379 (1975)
(531 P.2d 970) The People of the State of Colorado v. Oscar L. Eaton No. 26141Supreme Court of Colorado. Decided February 10, 1975. Defendant was convicted of second-degree burglary and theft and appealed. Affirmed 1. WITNESSES — Burglary — Theft — Eyewitness — Extra judicial Declaration — Bias — Jury — Determine — Credibility. Where […]
NORDLANDER v. WOOD, 89 Colo. 370 (1931)
2 P.2d 1084 NORDLANDER v. WOOD ET AL. No. 12,228.Supreme Court of Colorado. Decided August 3, 1931. Action for possession of real property. Judgment for defendants. Affirmed. 1. FINDINGS — General. A general finding of the trial court settles all controverted questions in favor of the prevailing party. 2. APPEAL AND ERROR — Fact Findings. […]
BEBBER v. FISHER, 106 Colo. 197 (1940)
102 P.2d 741 BEBBER ET AL., BOARD OF OPTOMETRIC EXAMINERS v. FISHER. No. 14,735.Supreme Court of Colorado. Decided May 6, 1940. Action to compel the Board of optometric Examiners to issue to plaintiff a certificate of competency to practice optometry. Judgment for plaintiff. Affirmed. On Application for Supersedeas. 1. PHYSICIANS AND SURGEONS — Optometry — […]
STATE v. COPENHAVER, 21 P.3d 413 (Colo.App. 2000)
The People of the State of Colorado, Plaintiff-Appellee, v. Jeffrey Copenhaver, Defendant-Appellant. No. 99CA0905.Colorado Court of Appeals. September 14, 2000. Rehearing Denied October 19, 2000. Certiorari Denied March 19, 2001. Appeal from the District Court of Pitkin County, Honorable J.E. DeVilbiss, Judge, No. 98CR15. JUDGMENT AFFIRMED. Page 414 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]
PEOPLE v. LUCERO, 182 Colo. 39 (1973)
(511 P.2d 468) The People of the State of Colorado v. Ernest L. Lucero No. 25335Supreme Court of Colorado. Decided June 11, 1973. Defendant was convicted of assault with a deadly weapon and assault with intent to rob and appealed. Affirmed 1. COURTS — United States Supreme Court — Terry v. Ohio — Police — […]
ALLEN v. CHARNES, 674 P.2d 378 (Colo. 1984)
James F. Allen, Plaintiff-Appellant, v. Alan Charnes, Executive Director of the Department of Revenue, Motor Vehicle Division, State of Colorado, Defendant-Appellee. No. 82SA315Supreme Court of Colorado. Decided January 9, 1984. Appeal from the District Court of Adams County Honorable Oyer G. Leary, Judge Page 379 Davis Fritsche, William J. Fritsche, Mort Davis, for plaintiff-appellant. J. […]
PEOPLE v. MEDINA, 72 P.3d 405 (Colo.App. 2003)
The People of the State of Colorado, Plaintiff-Appellee, v. Andrew Medina, Defendant-Appellant. No. 01CA1592.Colorado Court of Appeals. Div. III. January 30, 2003. Certiorari Denied June 30, 2003. Page 406 El Paso County District Court No. 99CR2747; Honorable Thomas K. Kane, Judge. JUDGMENT AFFIRMED Page 407 Ken Salazar, Attorney General, Laurie A. Booras, Assistant Attorney General, […]
PEOPLE v. TUTHILL, GC98B95 (Colo.O.P.D.J. 7-30-1999)
People v. Tuthill and Neztsosie. No. GC98B95 (consolidated with GC98B96).Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. July 30, 1999. [1] Attorney Regulation. The Presiding Disciplinary Judge accepted the parties’ Conditional Admission of Misconduct regarding Respondent Cherie Daut Netzsosie only, suspending her from the practice of law for one year and […]
PERKINS v. PEOPLE, 160 Colo. 1 (1966)
(413 P.2d 455) Darrell Perkins v. The People of the State of Colorado. No. 21428Supreme Court of Colorado. Decided April 25, 1966. Defendant was convicted of obtaining a specific sum of money by making false representations with relation to the installation of a furnace and brings error. Reversed 1. FRAUD. — Record is devoid of […]
STATE COMP. INS. v. VELASQUEZ, 628 P.2d 190 (Colo.App. 1981)
State Compensation Insurance Fund and State Home and Training School v. Ellen C. Velasquez and Industrial Commission of the State of Colorado No. 80CA0961Colorado Court of Appeals. Decided April 30, 1981. Review of Order of the Industrial Commission of the State of Colorado Russell A. Stanley, Kathleen W. Robinson, William J. Baum, for petitioners State […]
PEOPLE v. HAYHURST, 194 Colo. 292 (1977)
(571 P.2d 721) The People of the State of Colorado v. David Hayhurst No. 27748Supreme Court of Colorado. Decided November 21, 1977. Interlocutory appeal from a district court ruling suppressing physical evidence and an incriminating statement. Ruling Reversed 1. SEARCHES AND SEIZURES — Warrantless — Consent — Knowingly — Voluntarily — Burden — Prosecution. The […]
ISIS LITIGATION v. SVENSK FILMINDUSTRI, 170 P.3d 742 (Colo.App. 2007)
ISIS LITIGATION, L.L.C., an Arizona limited liability company, Plaintiff-Appellant, v. SVENSK FILMINDUSTRI, a corporation, Defendant-Appellee. No. 04CA1619.Colorado Court of Appeals. March 22, 2007. Rehearing Denied May 3, 2007. Certiorari Denied November 13, 2007. Appeal from the District Court, Pitkin County, T. Peter Craven, J. Page 743 Holland Hart, LLP, Jack L. Smith, Stephen G. Masciocchi, […]
IN RE MARRIAGE OF TALARICO, 36 Colo. App. 389 (1975)
(540 P.2d 1147) In re the Marriage of Bernice Talarico and John D. Talarico No. 74-311Colorado Court of Appeals. Decided September 2, 1975. In dissolution of marriage action, marital and non-marital property was divided and losses in value of property was apportioned between the parties. Wife appealed. Affirmed 1. NEW TRIAL — Motion — Within […]
NATIONAL CO. v. HOLT, 137 Colo. 208 (1958)
(322 P.2d 1046) NATIONAL CONSTRUCTION COMPANY v. JOE HOLT, AS THE HOLT ELECTRIC COMPANY. No. 18,011.Supreme Court of Colorado. Decided March 17, 1958. Action for damages to equipment resulting from alleged negligence. Judgment for defendant. Affirmed. 1. NEGLIGENCE — Accident — Presumption. The mere happening of an accident does not raise a presumption of negligence. […]
MILLER v. STALEY, 116 Colo. 5 (1947)
177 P.2d 234 MILLER v. STALEY. No. 15,764.Supreme Court of Colorado. Decided February 3, 1947. An action for damages for breach of contract and malicious prosecution. Verdict and judgment for defendant. Affirmed en banc without written opinion. Error to the District Court of the City and County of Denver, Hon. William A. Black, Judge. Mr. […]
PEOPLE v. BEYETTE, 711 P.2d 1263 (Colo. 1986)
The People of the State of Colorado, Plaintiff-Appellant, v. Joseph J. Beyette, Defendant-Appellee. No. 83SA450Supreme Court of Colorado. Decided January 13, 1986. Appeal from District Court, Montezuma County Honorable Robert R. Wilson, Judge Page 1264 Warwick Downing, District Attorney, Dean Johnson, District Attorney, for Plaintiff-Appellant. David Vela, State Public Defender, Debra R. Nickels, Deputy State […]
JOHNSON v. ICAO, 761 P.2d 1140 (Colo. 1988)
Richard E. Johnson, Petitioner, v. The Industrial Commission of the State of Colorado; Mike L. Baca and Gary B. Rose, as Members of the Industrial Commission of the State of Colorado; Charles McGrath, Director of the Division of Labor; Patricia Jean Clisham, the Hearing Officer of the Department of Labor and Employment, Division of Labor, […]
STANLEY HOTEL v. THOMAS, 153 Colo. 503 (1963)
(387 P.2d 27) THE STANLEY HOTEL, EMPLOYERS, AND UNITED STATES FIDELITY AND GUARANTY CO., INSURER, v. EVA N. THOMAS AND THE INDUSTRIAL COMMISSION OF COLORADO. No. 20,596.Supreme Court of Colorado. Decided November 26, 1963. From a judgment affirming an order of the Industrial Commission reopening an award for determination of whether mistake, error or change […]
PEOPLE v. CLARK, 662 P.2d 1100 (Colo.App. 1982)
The People of the State of Colorado, Plaintiff-Appellee, v. Bernard Ray Clark, Defendant-Appellant. No. 81CA0504Colorado Court of Appeals. Decided December 23, 1982. Rehearing denied January 20, 1983. Certiorari Denied May 9, 1983. Appeal from the District Court of Jefferson County Honorable Gaspar F. Perricone, Judge. Page 1101 J.D. MacFarlane, Attorney General, Charles B. Howe, Deputy […]
CTY OF COLO. SPRGS. v. WEBER, 791 P.2d 1162 (Colo.App. 1989)
The City of Colorado Springs, a Home Rule City and a Colorado municipal corporation, Plaintiff-Appellee, v. Steven B. Weber, in his official capacity of President, Local 640 International Brotherhood of Police Officers; International Brotherhood of Police Officers, Local 640, Defendants-Appellants. No. 88CA1650Colorado Court of Appeals. Decided November 9, 1989. Rehearing Denied December 14, 1989. Certiorari […]
IN RE MARRIAGE OF TANOUS, 730 P.2d 907 (Colo.App. 1986)
In Re the Marriage of: Michael A. Tanous, Appellant, and Sharon L. Tanous, Appellee. No. 85CA1317Colorado Court of Appeals. Decided November 6, 1986. Appeal from the District Court of El Paso County Honorable Hunter D. Hardeman, Judge Page 908 John D. Braun, for Appellant. Jeffrey I. Tompkins, P.C., Jeffrey I. Tompkins, for Appellee. Division I. […]
PLAZA v. LA CASA NINO, 738 P.2d 410 (Colo.App. 1987)
Plaza Esteban, a general partnership, Plaintiff-Appellee, v. La Casa Nino, Inc., a Colorado corporation; Donald Goldman, and Max Baer, Defendants-Appellants, v. La Pompe deVille, Inc., a Colorado corporation, Intervenor-Appellant, v. Steve Simm Roberts, Third-Party Defendant-Appellee. No. 85CA1149Colorado Court of Appeals. Decided February 19, 1987. Rehearing Denied March 19, 1987. Certiorari Granted La Casa Nino June […]
IN RE MARRIAGE OF PEPER, 38 Colo. App. 177 (1976)
(554 P.2d 727) In re the Marriage of Carol D. Peper and Jeanette M. Peper No. 75-165Colorado Court of Appeals. Decided August 12, 1976. In dissolution of marriage proceeding, trial court found wife in contempt of its order to terminate certain Pennsylvania litigation concerning property settlement agreement. From the court’s order abating child support and […]
CRESTVIEW WATER v. LAKEWOOD, 640 P.2d 265 (Colo.App. 1981)
Crestview Water and Sanitation District, City of Lakewood, acting by and through its Board of Water and Sewer Commissioners v. Board of Directors of and the Metropolitan Denver Sewage Disposal District No. 1, Alameda Water and Sanitation District, Applewood Sanitation District, City of Arvada, City of Aurora, Bancroft-Clover Water and Sanitation District, Berkeley Water and […]
HOLCOMB v. STEVEN SMITH, INC., 170 P.3d 815 (Colo.App. 2007)
John HOLCOMB, Plaintiff-Appellant, v. STEVEN D. SMITH, INC.; Design Benefits, Inc.; America’s Health Care/Rx Plan Agency, Inc.; and Does 15, Defendants-Appellees. No. 06CA0997.Colorado Court of Appeals. September 6, 2007. Appeal from the District Court, El Paso County, Kirk S. Samelson, J. Lisa W. Stevens, Monument, Colorado, for Plaintiff-Appellant. Page 816 No Appearance for Defendants-Appellees. Opinion […]
U. P. R. R. CO. v. ELLIS, 100 Colo. 489 (1937)
68 P.2d 1118 UNION PACIFIC RAILROAD COMPANY v. ELLIS ET AL. No. 13,959.Supreme Court of Colorado. Decided May 10, 1937. Judgment affirmed en banc without written opinion. Mr. Justice Hilliard not participating. Error to the District Court of Weld County, Hon. Frederic W. Clark, Judge. Mr. C. C. DORSEY, Mr. E. G. KNOWLES, for plaintiff […]
S.F.E., IN INTEREST OF T.I.E., 981 P.2d 642 (Colo.App. 1998)
S.F.E., In Interest of T.I.E., a child, Petitioner-Appellee and Cross-Appellant, And Concerning G.L.P., Respondent-Appellant and Cross-Appellee. No. 97CA1837Colorado Court of Appeals. November 13, 1998 As Modified on Denial of Rehearing December 10, 1998. Certiorari Denied August 16, 1999.[*] [*] Justice SCOTT does not participate. Appeal from the District Court of Garfield County, Honorable Thomas W. […]
COLO. ASS’N OF PUBLIC EMPL. v. BD. OF REGENTS, 804 P.2d 138 (Colo. 1990)
Colorado Association of Public Employees; C.W. Peterson; Shelley Ostrem; Jerry D. Aragon; Dennis Deutsch; Joyce Schuler; Shirley D. Blackmon; Ruth C. Robben; Marianne I. Galensky; and Jennifer M. Frank, Plaintiffs-Appellants, v. The Board of Regents of the University of Colorado, and each of its members in their official capacities, Kathleen Arnold; Richard Bernick; Robert Caldwell; […]
AMERICAN MOBILEHOME ASS’N v. DOLAN, 191 Colo. 433 (1976)
(553 P.2d 758) American Mobile Home Association, Inc., a Colorado Corporation; David L. Chatfield, J. Maxene Chatfield, LeRoy C. Huskey, Rosetta L. Huskey, John Ferguson, Bernice V. Ferguson, Donald R. Carson, Victoria V. Carson, Stacha L. Douglas, W. Dean Spiker, Dorothy L. Spiker, Grace Crimshaw, Douglas G. Blankenship, Marian A. Blankenship, Charles F. Latham, Frances […]
COLO. SPGS. v. BERL, 658 P.2d 280 (Colo.App. 1982)
City of Colorado Springs, Petitioner-Appellant, v. E. Enalls Berl, II, Thomas Waggaman, III, Burton I. Petri, Beth Petri, Haley Realty Ins. Agency, Inc., Max Uhler, Mary Jo Smith, W. E. Davis, Faith David, Neville Bonis, K. Bonis, Charles Morrison, Christine Carey, Pete Montoya, Pinio Garcia, James Brooks, Inez Davis, and Sharon Shipley, Treasurer of El […]
INSURANCE CO. v. KAVANAUGH, 125 Colo. 93 (1952)
(240 P.2d 508) PRUDENTIAL INSURANCE COMPANY OF AMERICA v. KAVANAUGH, COMMISSIONER OF INSURANCE. No. 16,656.Supreme Court of Colorado. Decided January 21, 1952. Rehearing denied February 11, 1952. An action involving the taxation of insurance companies. The judgment was adverse to plaintiff in error company. Reversed. 1. INSURANCE — Taxes and Taxation. Under the provisions of […]
IN RE THE MARRIAGE OF BOWLES, 916 P.2d 615 (Colo.App. 1995)
In re the Marriage of Douglas R. Bowles, Appellant and Cross-Appellee, and Barbara J. Bowles, Appellee and Cross-Appellant. No. 94CA1590Colorado Court of Appeals. Decided October 12, 1995 Petition for Writ of Certiorari DENIED April 29, 1996. Appeal from the District Court of Jefferson County Honorable Gaspar F. Perricone, Judge No. 90DR2820 ORDER AFFIRMED IN PART, […]
PEOPLE v. WILLIAMS, 186 Colo. 72 (1974)
(525 P.2d 463) The People of the State of Colorado v. Loretta Ann Williams No. 26065Supreme Court of Colorado. Decided August 12, 1974. Defendant was convicted of possession of a narcotic drug with intent to sell and appealed. Reversed 1. ARREST — Probable Cause — Negative — Uncorroborated Accusation — Informant. An uncorroborated accusation by […]
CIVIL SERV. COMM. v. DIST. CT., 185 Colo. 179 (1974)
(522 P.2d 1231) The Civil Service Commission, consisting of L.C. Richards, Adolph Turkowski, and Harley O. Mullins; The City of Aurora, a municipal corporation; W. Robert Semple, City Manager of the City of Aurora; The Police Department of the City of Aurora, and J. D. Putman, as the Chief of Police of the City of […]
PEOPLE v. CHAVEZ, 629 P.2d 1040 (Colo. 1981)
The People of the State of Colorado v. Manuel Chavez No. 80SA187Supreme Court of Colorado. Decided June 1, 1981. Appeal from the District Court of the County of Otero, Honorable Lewis T. Babcock, Judge. Page 1041 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]
WILSON v. BARNEY, 90 Colo. 461 (1932)
9 P.2d 1058 WILSON v. BARNEY. No. 12,607.Supreme Court of Colorado. Decided March 28, 1932. Action for damages for breach of covenant in a warranty deed. Judgment of dismissal. Reversed. 1. DEEDS — Special Assessments — Covenants of Warranty — Breach. Special city assessments become a charge on the property in the district when the […]
GOLOB v. PEOPLE, 180 P.3d 1006 (Colo. 2008)
Lucas GOLOB, Petitioner v. The PEOPLE of the State of Colorado, Respondent. No. 06SC653.Supreme Court of Colorado. March 24, 2008. Rehearing Denied April 14, 2008.[*] [*] Justice Rice and Justice Coats would grant the petition. Justice Eid does not participate. Appeal from the District Court, Custer County, Julie G. Marshall, J. Page 1007 [EDITORS’ NOTE: […]
MAIER v. UNITED STATES COMPANY, 133 Colo. 571 (1956)
(298 P.2d 391) F. JULIAN MAIER v. UNITED STATES FIDELITY GUARANTY COMPANY. No. 17,760.Supreme Court of Colorado. Decided June 11, 1956. Action against insurer to recover counsel fees paid in defending libel action under terms of insurance policy. Judgment for defendant. Affirmed. 1. INSURANCE — Indemnity — Attorney’s Fees. The amount of counsel fees paid […]
DENMAN v. BURLINGTON, 761 P.2d 244 (Colo.App. 1988)
Kathleen M. Denman, Plaintiff-Appellant, v. Burlington Northern Railroad Company, a Delaware corporation, Defendant-Appellee, and Great Western Railway Company, a Colorado corporation, Defendant. No. 85CA0652Colorado Court of Appeals. Decided March 31, 1988. Rehearing Denied May 5, 1988. Certiorari Denied September 12, 1988 (88SC263). Appeal from the District Court of Larimer County Honorable William F. Dressel, Judge […]
BEERE v. MILLER, 157 Colo. 502 (1965)
(403 P.2d 862) ALEX WILLIAM BEERE, JR., ET AL. v. G. RUSSELL MILLER, ONE OF THE JUDGES OF THE FOURTH JUDICIAL DISTRICT OF THE STATE OF COLORADO. No. 21690.Supreme Court of Colorado. Decided July 6, 1965. Original proceeding in the nature of mandamus to compel district court to exercise its proper jurisdiction in an estate […]
ARMSTRONG v. PEOPLE, 701 P.2d 17 (Colo. 1985)
Herbert Ray Armstrong, Petitioner, v. The People of the State of Colorado, Respondent. Ann Armstrong, Petitioner, v. The People of the State of Colorado, Respondent. No. 83SC59 No. 83SC74Supreme Court of Colorado. Decided May 28, 1985. Rehearing Denied June 24, 1985. Certiorari, Colorado Court of Appeals Page 18 David F. Vela, Colorado State Public Defender, […]
HARTHUN v. DIST. CT., 178 Colo. 118 (1972)
(495 P.2d 539) Carl L. Harthun, Esq., v. District Court in and for the Second Judicial District of the State of Colorado, the Honorable Gilbert A. Alexander, one of the Judges thereof No. 25316Supreme Court of Colorado. Decided April 10, 1972. Appeal challenging attorney’s conviction for contempt of court. Reversed 1. CONTEMPT — Criminal — […]
MULCAHY v. JOHNSON, 80 Colo. 499 (1927)
252 P. 816 MULCAHY v. JOHNSON, ET AL. No. 11,421.Supreme Court of Colorado. Decided January 24, 1927. Action for accounting and construction of a will. Will construed and accounting denied. Reversed. 1. EXECUTORS AND ADMINISTRATORS — Period of Administration. Under the laws of Colorado, administration of an estate may not be closed until after the […]
DICKEY v. WAGGONER, 108 Colo. 197 (1941)
114 P.2d 1097 DICKEY v. WAGGONER. No. 14,767.Supreme Court of Colorado. Decided June 16, 1941. Suit by broker to recover commission on sale of real estate. Judgment for plaintiff. Affirmed. 1. BROKERS — Real Estate — Commissions — Evidence. In an action by a broker to recover his commission for procuring a purchaser for real […]
DENVER v. COLORADO RIVER DISTRICT, 696 P.2d 730 (Colo. 1985)
In the Matter of the adjudication of priorities to the right to the use of water for all beneficial purposes in Water District No. 36, Irrigation Division No. 5, State of Colorado. In the Matter of the adjudication of priorities to the right to the use of water for all beneficial purposes in Water District […]
CHICAGO CUTLERY v. DIST. CT., 194 Colo. 10 (1977)
(568 P.2d 464) Chicago Cutlery Company, an Illinois corporation, and Chicago Cutlery Consumer Products, Inc., an Illinois corporation v. The District Court in and for the Second Judicial District of the State of Colorado, and the Honorable Joseph R. Quinn, one of the Judges thereof No. 27708Supreme Court of Colorado. Decided September 6, 1977. Original […]
VIGIL v. PEOPLE, 169 Colo. 172 (1969)
(454 P.2d 814) Lorenzo Vigil v. The People of the State of Colorado. No. 23645.Supreme Court of Colorado. Decided May 26, 1969. Defendant was convicted of the crime of forgery and brought error. Reversed. 1. CRIMINAL LAW — Forgery — Mandate of Stull v. People — Evidence — Similar Transactions — Failure to Comply — […]
REBER v. LAKEWOOD DIST., 147 Colo. 70 (1961)
(362 P.2d 877) VELMA REBER v. SOUTH LAKEWOOD SANITATION DISTRICT. No. 19,658.Supreme Court of Colorado. Decided June 12, 1961. Declaratory judgment action to determine validity of action of sanitation district in locating disposal works in residence zone area. From a judgment for plaintiff, intervenor brings error. Affirmed. 1. SANITATION DISTRICTS — Location of Works — […]
FIFER v. FIFER, 120 Colo. 10 (1949)
206 P.2d 336 FIFER v. FIFER. No. 16,002.Supreme Court of Colorado. Decided May 2, 1949. On motion of defendant in error for an order requiring plaintiff in error or his bondsman to pay reasonable attorney fees for services performed by her counsel. Motion Denied 1. PRINCIPAL AND SURETY — Cost Bonds. There is in Colorado […]
MAJESTIC MKT’G v. ANDERSON, 32 Colo. App. 369 (1973)
(511 P.2d 943) Majestic Marketing Company v. Anderson Enterprises of Colorado, Inc., and Clinton H. Anderson No. 72-200Colorado Court of Appeals. Decided July 3, 1973. Action by wholesale liquor distributor against liquor retailer to recover the balance due on a note executed in settlement of defendant’s account with plaintiff for liquor purchased. From entry of […]
STAVELY v. JOHNSON, 157 Colo. 56 (1965)
(400 P.2d 922) B. O. STAVELY v. GLENN JOHNSON. No. 20676.Supreme Court of Colorado. Decided April 12, 1965. Action to recover a real estate broker’s commission based upon an alleged listing agreement. Judgment for defendant. Affirmed. 1. BROKERS — Real Estate — Commission — Listing Agreement — Findings — Evidence — Appeal and Error. In […]
STENSVAD v. INDUST. COMM., 167 Colo. 140 (1968)
(445 P.2d 898) Carol Marie Stensvad v. Industrial Commission of the State of Colorado (Ex-officio Unemployment Compensation Commission of Colorado). No. 23282.Supreme Court of Colorado. Decided October 21, 1968. From a judgment of the district court affirming a denial of unemployment compensation benefits, the claimant brought error. Affirmed. 1. SOCIAL SECURITY AND PUBLIC WELFARE — […]
CROSSWAITH v. BERGIN, 95 Colo. 241 (1934)
35 P.2d 848 CROSSWAITH v. BERGIN. No. 13,053.Supreme Court of Colorado. Decided June 25, 1934 Action by a negro to recover for alleged violation of sections 4128 and 4129, C. L. ’21. Judgment of dismissal. Reversed. 1. CONSTITUTIONAL LAW — Civil Rights — Equality of Privilege. Sections 4128 and 4129, C. L. ’21, concerning civil […]