Category: Colorado Court Opinions

Edward George Kogan, Petitioner, v. The People of the State of Colorado, Respondent. No. 85SC489Supreme Court of Colorado. Decided May 9, 1988. Rehearing Denied June 6, 1988. Certiorari to the Colorado Court of Appeals Page 946 Theodore A. Borrillo, for Petitioner. Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, […]

Empiregas, Inc., of Pueblo, Petitioner-Appellant, v. The County Court of the County of Pueblo, The Honorable Gordon R. Cooper, County Court Judge, Respondent-Appellee. No. 84CA0976Colorado Court of Appeals. Decided December 19, 1985. Appeal from the District Court of Pueblo County Honorable Phillip J. Cabibi, Judge Page 938 Rector, Retherford, Mullen Johnson, Michael R. Waters, for […]

The People of the State of Colorado v. John R. Gouker No. 78-812Colorado Court of Appeals. Decided January 22, 1981. Opinion modified and as modified petitions for rehearing denied February 26, 1981. Certiorari granted May 4, 1981. Appeal from the District Court of Adams County, Honorable Neil Horan, Judge. Page 150 J. D. MacFarlane, Attorney […]

(280 P.2d 429) PEOPLE EX REL. KIMBALL, DIRECTOR OF THE GAME AND FISH DEPARTMENT v. CRYSTAL RIVER CORPORATION ET AL. No. 17,412.Supreme Court of Colorado. Decided February 21, 1955. An action against the Colorado State Game and Fish Commission for the death of sheep belonging to plaintiff allegedly caused by the wild bear. Judgment of […]

Rocky Mountain Power Company, Applicant-Appellant, v. Colorado River Water Conservation District; Denver Water Department, Objectors-Appellees. No. 81SA327Supreme Court of Colorado. Decided June 7, 1982. Appeal from the District Court Water Division No. 5, Honorable Gavin D. Litwiller, Judge. Page 384 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

(418 P.2d 878) George F. Strauss v. Virgil A. Boatright, Administrator of the estate of Mercedes Bonger, Deceased. No. 21478.Supreme Court of Colorado. Decided October 10, 1966. Action involving title to certain real property and a claim for rent thereon. From an adverse judgment plaintiff brings error. Reversed. 1. LANDLORD AND TENANT — Lease and […]

In re the Marriage of Michael H. Parsons, Appellant, and Angel M. Parsons, Appellee. No. 00CA0997Colorado Court of Appeals. July 19, 2001 Jefferson County District Court No. 96DR344, Honorable Leland P. Anderson, Judge. ORDER AFFIRMED John R. Williamson, Denver, CO, for Appellant Debra R. Smith, Denver, CO, for Appellee Division II Plank and Casebolt, JJ., […]

The People of the State of Colorado, Plaintiff-Appellee, v. John W. Parga, Defendant-Appellant. No. 96CA1425Colorado Court of Appeals. Div. I. February 5, 1998 Opinion Modified, and As Modified Petitions for Rehearing DENIED March 5, 1998 Petitions for Rehearing DENIED October 19, 1998 Appeal from the District Court of Moffat County, Honorable Joel S. Thompson, Judge, […]

(525 P.2d 465) In the Matter Concerning the Republican Third Congressional District Assembly Designation of Jerome M. “Jerry” Weber and E. Keith Records, held at Alamosa, Colorado, on the 13th day of July, 1974. No. 26598Supreme Court of Colorado. Decided August 6, 1974. Appellant who sought to become a candidate in party primary for the […]

Jack J. Grynberg, individually and d/b/a Jack Grynberg and Associates; Grynberg Petroleum Company; and Celeste C. Grynberg, an individual, Plaintiffs-Appellants, v. Colorado Oil and Gas Conservation Commission; Marilyn B. Bateman, f/k/a M.B. Tate; and R.K. Cramer, a/k/a Richard K. Cramer, Defendants-Appellees. No. 98CA1928Colorado Court of Appeals. December 23, 1999 Certiorari Denied August 21, 2000. Appeal […]

(310 P.2d 727) TRUSTEE COMPANY v. AETNA CASUALTY AND SURETY COMPANY. No. 17,932.Supreme Court of Colorado. Decided April 15, 1957. Rehearing denied May 20, 1957. Garnishment against surety on a fidelity bond to recover value of automobile alleged to have been wrongfully converted by employee. Judgment for garnishee. Affirmed. 1. PRINCIPAL AND SURETY — Fidelity […]

(586 P.2d 659) Rancho Colorado, Inc., a Colorado corporation, d/b/a Gate n’ Green; Westlear Company, a limited partnership; Greenway Park, Inc., a Colorado corporation, d/b/a Melody Homes; Kent Construction Company; Land, Inc.; and E. S. L. Corporation v. City of Broomfield, a municipal corporation of the State of Colorado No. 27731Supreme Court of Colorado. Decided […]

(514 P.2d 787) Margaret B. Bourn and Lynn Maree Bourn, Claimants in the Matter of the Death of Byron Bourn v. TT Loveland Chinchilla Ranch, Inc., Employer; The Travelers Insurance Company, Insurer; Industrial Commission of Colorado, and Director of Division of Labor No. 72-412Colorado Court of Appeals. Decided June 5, 1973. Rehearing denied June 26, […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee and Cross-Appellant, v. Bruce Norman ROBB, Defendant-Appellant and Cross-Appellee. Nos. 04CA2569, 05CA1327.Colorado Court of Appeals. April 16, 2009. Rehearing Denied June 4, 2009. Appeal from the District Court, Jefferson County, Jack W. Berryhill, J. Page 1254 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

(356 P.2d 893) JOSEPH J. DANDREA v. BOARD OF COUNTY COMMISSIONERS OF EL PASO COUNTY. No. 18,467.Supreme Court of Colorado. Decided October 31, 1960. Action for damages to land occasioned by reconstruction of public road. From a judgment awarding nominal damages the plaintiff brings error. Affirmed. 1. EVIDENCE — Opinion — Assumed Facts — Value. […]

(506 P.2d 748) Eugene Cervi Co., a Colorado corporation, d/b/a Denver Daily Reporter, Inc. v. William F. Russell, Jr., M.D., (Dan Tipton, by substitution), Colorado Department of Health No. 71-351Colorado Court of Appeals. Decided December 19, 1972. Rehearing denied January 9, 1973. Certiorari granted March 12, 1973. Action by newspaper publisher seeking to require local […]

2 P.2d 1088 WALTON v. WORMINGTON ET AL. No. 12,857.Supreme Court of Colorado. Decided June 29, 1931. Rehearing denied September 21, 1931. Action by plaintiff to determine rights under the will of her grandfather. Judgment for defendants. Affirmed. On Application for Supersedeas. 1. WILLS — Construction. In the construction of wills the intent of the […]

State of Colorado, ex rel. Duane Woodard, Attorney General of the State of Colorado, Plaintiff-Appellant, v. May Department Stores Company, a New York corporation, d/b/a May DF, Defendant-Appellee. No. 90CA1795Colorado Court of Appeals. Decided June 18, 1992. Opinion Modified, and as Modified Rehearing Denied October 15, 1992. Certiorari Granted April 12, 1993 (92SC749). Certiorari Granted […]

(504 P.2d 673) Lawrence P. Gelfond v. The District Court in and for the Second Judicial District of the State of Colorado; Honorable Gerald E. McAuliffe, District Judge in and for the Second Judicial District, State of Colorado; and Joyce M. Gelfond No. 25627Supreme Court of Colorado. Decided October 30, 1972. Original proceeding in the […]

The People of the State of Colorado, Plaintiff-Appellee, v. Geraldine A. Rivera, Defendant-Appellant. No. 99CA2038Colorado Court of Appeals. March 14, 2002 Certiorari Denied October 21, 2002. Pueblo County District Court No. 97CR1290; Honorable William L. Jones, Judge. Page 1156 JUDGMENT AFFIRMED IN PART, REVERSED IN PART, ORDER AFFIRMED, AND CASE REMANDED WITH DIRECTIONS Page 1157 […]

Natalie Meyer, Secretary of State for the State of Colorado, Petitioner and Cross-Respondent, and Charlotte Houston, Clerk and Recorder for Boulder County, and Drew Clark, Cross-Respondents, v. Peggy Lamm, Harold M. Anderson, and Raymond Leidig, Respondents and Cross-Petitioners. No. 92SA472Supreme Court of Colorado. Decided February 22, 1993. Petition for Review from the District Court, Boulder […]

(539 P.2d 1277) The People of the State of Colorado v. James Lee Bruebaker No. 26233Supreme Court of Colorado. Decided August 5, 1975. Defendant filed a pro se motion for postconviction relief requesting the court to review his sentence of fifteen to twenty-five years at hard labor. From denial of his motion, the defendant appealed. […]

In the Matter of the Estate of Marjorie D. Becker, a protected person, a/k/a Marjorie Dudley Becker. Kevin Becker, as Conservator for Marjorie D. Becker, Appellee, v. David A. Becker, interested person, Appellant. No. 02CA0134.Colorado Court of Appeals. Division II. March 13, 2003. Pueblo County District Court No. 00PR29; Honorable Victor I. Reyes, Judge JUDGMENT […]

(307 P.2d 1106) R. J. ARNOLD, EXECUTOR, ETC. v. FRED F. ABERNETHY. No. 17,803.Supreme Court of Colorado. Decided February 18, 1957. Rehearing denied March 25, 1957. Claims against estate of deceased person on promissory notes. Judgment for claimant and the executor brings error. Reversed and Remanded With Directions. 1. TRUSTS — Action — Evidence — […]

(273 P.2d 1019) CONSTITUTION LIFE INSURANCE COMPANY v. ROGERSON ET AL. No. 17,245.Supreme Court of Colorado. Decided July 19, 1954. An action to recover insurance premiums paid on policies alleged not to have been issued in accordance with the applications. The trial court dismissed the first and fourth counts of the complaint and directed the […]

(383 P.2d 318) BANKING BOARD OF THE STATE OF COLORADO, ET AL., v. HOLYOKE INDUSTRIAL BANK. No. 20,363.Supreme Court of Colorado. Decided June 17, 1963. From a judgment directing issuance of charter for a state bank, the Banking Board brings error. Affirmed. 1. BANKS AND BANKING — Application for Charter — Denial — Evidence — […]

(319 P.2d 487) CLOVERLEAF KENNEL CLUB v. BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY, ET AL. No. 18,056.Supreme Court of Colorado. Decided December 9, 1957. Rehearing denied January 13, 1958. From a judgment affirming the action of the Board of County Commissioners in denying a beverage license to the Cloverleaf Kennel Club, the club brings […]

Samuel Clinton Woods and Donna RiJeanne Woods, Plaintiffs-Appellants, v. Monticello Development Company, Defendant-Appellee. No. 80CA0929Colorado Court of Appeals. Decided December 2, 1982. Appeal from the District Court of the County of Adams Honorable Dorothy E. Binder, Judge. Page 1325 Sonheim Helm, Darrel L. Matteson, Charl L. Hardesty, for plaintiffs-appellants. James S. Kimmel, defendant-appellee. Division II. […]

Roberta G. Campbell, Plaintiff-Appellant, v. Black Mountain Spruce, Inc., Defendant-Appellee, and Joseph Stark, a/k/a Joe Stark, d/b/a Stark Welding Service, Inc., Defendants. No. 82CA1298Colorado Court of Appeals. Decided August 18, 1983. Rehearing Denied September 8, 1983. Certiorari Denied March 5, 1984. Appeal from the District Court of Moffat County Honorable Claus J. Hume, Judge Page […]

(589 P.2d 80) In the Matter of the Estate of Henrietta K. Fegley, deceased, Wilhemina Friedholm v. Arthur Fegley No. 78-753Colorado Court of Appeals. Decided December 28, 1978. From trial court order admitting to probate the holographic will of decedent, will opponent appealed. Order Reversed 1. WILLS — Holographic — Signature — Location — Not […]

Steve RINGQUIST and Diana Ringquist, Plaintiffs-Appellees, v. WALL CUSTOM HOMES, LLC, David Carter Wall, and William Winston Wall, Defendants-Appellants. No. 06CA2256.Colorado Court of Appeals. December 27, 2007. Page 847 Appeal from the District Court, Arapahoe County, Angela R. Arkin, J. Page 848 Bennington Johnson Biermann Craig mile, LLC, Tami L. Sapp, Denver, CO, for Plaintiffs-Appellees. […]

David G. Bryan, Plaintiff-Appellant, v. Gary D. Neet, Robert B. Allen, Gloria Masterson, Richard R. Friend, Lisa Lehn, Ruby Osberg, Glen Jones, and Richard Johnson, Defendants-Appellees. No. 02CA1386.Colorado Court of Appeals. July 3, 2003. Rehearing denied September 25, 2003. Certiorari Denied March 1, 2004 Fremont County District Court No. 02CV0153; Honorable Robert Freeman, Magistrate. APPEAL […]

(483 P.2d 385) Nina Vernice Hamilton v. Frances Ann Gravinsky, also known as Frances Ann Gravinsky Schnorr, and Dorcas E. Gravinsky. Frances Ann Gravinsky, also known as Frances Ann Gravinsky Schnorr and Dorcas E. Gravinsky v. Nina Vernice Hamilton. No. C-30. No. C-36.Supreme Court of Colorado. Decided April 5, 1971. Rehearing denied April 26, 1971. […]

(219 P.2d 317) SPARR v. THE PEOPLE. No. 16,395.Supreme Court of Colorado. Decided May 22, 1950. Plaintiff in error was found guilty of embezzlement. Reversed. 1. FRAUD — False Pretenses. The fact that one falsely represents that he owns produce stored in his employer’s warehouse and thus uses the nature of his employment as a […]

Salvador Chiappe and Michael Kaufman v. State Personnel Board and the Members thereof, John Barnard, Thornley Wood, Shelby Harper, Ruth Lurie, Lincoln Baca; University of Colorado Boulder Campus, James Schaeffer, Arthur Ingraham No. 79SA63Supreme Court of Colorado. Decided January 12, 1981. Rehearing denied February 9, 1981. Appeal from the District Court of Boulder County, Honorable […]

(582 P.2d 685) C. M. Morey, d/b/a “Star Motor Freight Lines” v. The Public Utilities Commission of the State of Colorado, and Edwin R. Lundborg, Edythe S. Miller and Sanders G. Arnold as the members thereof; Graves Truck Lines, Inc.; Northwest Transport Service, Inc.; Thacker Bros. Transportation, Inc.; Ephraim Freightways, Inc.; Cargo and Transportation Services, […]

37 P.2d 532 INDUSTRIAL COMMISSION ET AL. v. MONTGOMERY. No. 13,547.Supreme Court of Colorado. Decided September 17, 1934. Rehearing denied November 13, 1934. Proceeding under the Workmen’s Compensation Act. Judgment of the district court denying compensation. Reversed. 1. WORKMEN’S COMPENSATION — Evidence — Construction. Where claimant in a workmen’s compensation case testified that he worked […]

The People of the State of Colorado, Plaintiff-Appellee, v. Kevin Paul, Defendant-Appellant. No. 02CA0199.Colorado Court of Appeals. August 14, 2003. Certiorari Granted February 17, 2003 Pitkin County District Court No. 00CR19; Honorable J.E. DeVilbiss, Judge. ORDER AFFIRMED. Page 1172 Ken Salazar, Attorney General, Monica M. Marquez, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee. Thomas D. […]

(586 P.2d 1003) Bertram A. Bidwell v. German Motors, Inc., a Colorado corporation No. 77-896Colorado Court of Appeals. Decided August 24, 1978. Rehearing denied September 14, 1978. Certiorari denied November 27, 1978. In action to recover for allegedly unauthorized repairs performed on his automobile by defendant, trial court awarded plaintiff only nominal damages, and, finding […]

In re the Marriage of Ronald D. McElroy, Appellee, and Donna M. McElroy, Appellant. No. 94CA0957Colorado Court of Appeals. Decided August 10, 1995. Opinion Modified, and As Modified, Petition for Rehearing DENIED September 14, 1995. (Roy, J., would Grant.) Appeal from the District Court of El Paso County Honorable Donald E. Campbell, Judge No. 88DR3225 […]

56 P.2d 25 PEOPLE EX REL. PROSSER, ATTORNEY GENERAL ET AL. v. ESTATE OF HADFIELD ET AL. No. 13,620.Supreme Court of Colorado. Original opinion filed December 30, 1935. On petition for rehearing, opinion withdrawn, substitute filed and rehearing denied March 2, 1936. Proceeding for the appraisal of after-discovered property of an estate and assessment of […]

(374 P.2d 494) DENVER CHAPTER COLORADO MOTEL ASSOCIATION, INC., ET AL., v. CITY AND COUNTY OF DENVER, ET AL. No. 20,313.Supreme Court of Colorado. Decided September 17, 1962. From denial of their motion to intervene as taxpayers in an action between City and City Auditor to compel approval of a contract, the intervenors bring error. […]

In the Interest of: R.C., Minor Child. Upon Petition of: J.R., Petitioner-Appellant, and Concerning E.C., Respondent-Appellee. No. 88SA289Supreme Court of Colorado. Decided June 5, 1989. Appeal from Juvenile Court, City and County of Denver Honorable Morris E. Cole, Judge. Holland Hart, Frank P. Prager, R. Kirk Mueller, A. Bruce Jones, for Petitioner-Appellant. Stephen J. Harhai, […]

(606 P.2d 847) The People of the State of Colorado v. Dennis Lee White No. 79SA95Supreme Court of Colorado. Decided January 7, 1980. Rehearing denied March 10, 1980. Defendant was charged with the crime of first-degree murder and found guilty of second-degree murder and he appealed. Affirmed 1. CRIMINAL EVIDENCE — Photographs — Homicide — […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. William DESTRO, Defendant-Appellant. No. 03CA1261.Colorado Court of Appeals. May 29, 2008. Certiorari Dismissed June 11, 2009. Appeal from the District Court, City and County of Denver, Gloria A. Rivera, J. Page 1148 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

Alan Montoya and Kyle Montoya, by and through their parent and next friend, Paul A. Montoya, and Paul A. Montoya, Plaintiffs-Appellants, v. Barbara Bebensee and Laurence C. Smith, Jr., Defendants-Appellees. No. 86CA0823Colorado Court of Appeals. Decided August 18, 1988. Appeal from the District Court of Jefferson County Honorable Michael C. Villano, Judge Page 286 John […]

Philips Industries, Inc., Plaintiff-Appellant, v. Mathews, Inc., Defendant-Appellee. No. 84CA1361Colorado Court of Appeals. Decided November 7, 1985. Appeal from the District Court of the City and County of Denver Honorable Leonard P. Plank, Judge Page 705 Machol Machol, P.C., Carole O’Brien, for Plaintiff-Appellant. No Appearance for Defendant-Appellee. Division I. Opinion by JUDGE KELLY. [1] This […]

Denner Enterprises, Inc., d/b/a Ditch Witch of the Rockies, Inc., a Colorado corporation, Plaintiff-Appellant and Cross-Appellee, v. Barone, Inc., a Colorado corporation, Defendant-Appellee and Cross-Appellant. No. 02CA1429.Colorado Court of Appeals. February 12, 2004. Jefferson County District Court No. 01CV3120, Honorable Stephen M. Munsinger, Judge. JUDGMENT AFFIRMED AND CASE REMANDED WITH DIRECTIONS. Page 270 [EDITORS’ NOTE: […]

The People of the State of Colorado, Plaintiff-Appellee, v. Abad Martinez, Defendant-Appellant. No. 99CA2524Colorado Court of Appeals. March 1, 2001 Rehearing Denied April 5, 2001. Certiorari Denied October 1, 2001.[*] [*] Justice MARTINEZ would grant as to the following issues: Whether second degree murder committed in the heat of passion is a “crime of violence” […]

154 P.2d 617 HARRIS v. HARRIS. No. 15,246.Supreme Court of Colorado. Decided December 18, 1944. A proceeding involving a modification of an award of alimony in a divorce proceeding. The trial court entered judgment reducing amount of alimony payments. Reversed. 1. DIVORCE AND ALIMONY — Alimony — Modification of Award. A decree for the payment […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Robin M. JOHNSON, Defendant-Appellant. No. 03CA2339.Colorado Court of Appeals. April 7, 2005. Rehearing Denied May 12, 2005. Certiorari Granted October 11, 2005. Appeal from the District Court, Douglas County, Thomas J. Curry, J. Page 286 John W. Suthers, Attorney General, Catherine P. Adkisson, Assistant Attorney General, […]

The People of the State of Colorado, Complainant, v. David Schwartz, Attorney-Respondent. No. 91SA167Supreme Court of Colorado. Decided June 3, 1991. Original Proceeding in Discipline. Page 794 Linda Donnelly, Disciplinary Counsel, Jay P.K. Kenney, Assistant Disciplinary Counsel, for Complainant. Lee D. Foreman, for Respondent. EN BANC PER CURIAM [1] In this attorney discipline case, the […]

CITY OF WESTMINSTER, a Colorado municipal corporation, Plaintiff-Appellant, v. CENTRIC-JONES CONSTRUCTORS, a Colorado corporation; Centric-Jones Co., a Colorado corporation; Nucon Construction Corp., a corporation; J A Jones Construction Co., a corporation; Jones Group, Inc., a corporation; Travelers Casualty Surety Co., a corporation; Aetna Casualty Surety Co., a corporation; and Bates Engineering, Inc., a Colorado corporation, […]

PANERA BREAD, LLC, and Sentry Insurance Company, Petitioners, v. INDUSTRIAL CLAIM APPEALS OFFICE OF the STATE OF COLORADO and Julio Medina, Respondents. No. 05CA1465.Colorado Court of Appeals. July 13, 2006. Page 971 White and Steele, P.C., John M. Lebsack, Denver, Colorado, for Petitioners. No Appearance for Respondent Industrial Claim Appeals Office. Law Office of O’Toole […]

Sadhna S. Engraff, Petitioner, v. Industrial Commission of the State of Colorado (Ex-Officio Unemployment Compensation Commission of Colorado), Colorado Division of Employment and Training, and Public Service Company of Colorado, Respondents. No. 82CA1167Colorado Court of Appeals. Decided October 13, 1983. Certiorari Denied March 5, 1984. Review of Order from the Industrial Commission of the State […]

In re the MARRIAGE OF Mark S. DEDIE, Petitioner and Melissa J. SPRINGSTON, Respondent. No. 11SA80.Supreme Court of Colorado. June 27, 2011. Appeal from the District Court, City and County of Denver, No. 11DR851, Herbert L. Stern, III, J. Page 1143 Sherman Howard L.L.C., Jordan M. Fox, Denver, Colorado, Attorneys for Petitioner. Fairfield and Woods, […]

Gran Prix Imports, Inc. v. Buckley Bros. Motors, Inc., formerly a Colorado corporation and Robert E. Buckley, Donna M. Buckley, R.M. Buckley and Viola Buckley No. 78-487Colorado Court of Appeals. Decided December 6, 1979. Rehearing denied January 17, 1980. Certiorari granted March 24, 1980 Publication effected September 14, 1981, pursuant to C.A.R. 35(f). Appeal from […]

(540 P.2d 1091) The People of the State of Colorado v. Nestor A. Martinez No. 26172Supreme Court of Colorado. Decided October 6, 1975. Defendant was convicted of first-degree assault on count I and second-degree assault as to count II and appealed. Affirmed 1. ASSAULT AND BATTERY — First Degree — “Serious Bodily Injury” — Element […]

(355 P.2d 958) CHARLES D. CROSBY, ET AL. v. R. GORDON WATSON, ET AL. No. 18,927.Supreme Court of Colorado. Decided October 10, 1960. From denial of their motion for a preliminary injunction, the plaintiffs bring error. Affirmed. 1. INJUNCTION — Preliminary Injunction — Discretion of Court. The granting or denial of a preliminary injunction rests […]

(253 P.2d 433) RIDLEY v. YOUNG. No. 16,816.Supreme Court of Colorado. Decided February 2, 1953. An action for damages for personal injuries resulting from an automobile accident. Judgment for defendant. Affirmed. 1. TRIAL — Evidence — Interrogatories. “Where a defendant, in an action to recover damages for personal injuries, answer interrogatories under Rule 33 R.C.P. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Floyd David Slusher, Defendant-Appellant. No. 99CA1677.Colorado Court of Appeals. August 16, 2001. Rehearing Denied November 1, 2001 Certiorari Denied April 8, 2002 Jefferson County District Court No. 89CR0406, Honorable Ruthanne N. Polidori, Judge. ORDER AFFIRMED Division IV Ruland and Rothenberg, JJ., concur Page 648 Ken Salazar, […]

In re the Marriage of: Kathleen Jo Clay, Appellant, and Donald Lee Clay, Appellee. No. 83CA0026Colorado Court of Appeals. Decided September 15, 1983. Appeal from the District Court of Larimer County Honorable William F. Dressel, Judge Elliott Neuswanger, P.C., Nancy A. Neuswanger, for appellant. No appearance for appellee. Division II. Opinion by JUDGE KELLY. [1] […]

The People of the State of Colorado, Plaintiff-Appellee, v. Robby Valenzuela, Defendant-Appellant. No. 89CA0951Colorado Court of Appeals. Decided June 20, 1991. Rehearing Denied August 1, 1991. Certiorari Granted (Petitioner Cross-Petitioner) February 24, 1992 (91SC526). Certiorari Granted on the following issues: Whether the automatic sentencing provisions mandated by § 16-11-103, 8A C.R.S. (1986), constitute an unconstitutionally […]

In re the Parental Responsibilities of A.M., a Child, and Concerning Jessica L. Burton, n/k/a Jessica L. Goebel, and Lawrence Goebel, Petitioners-Appellees, and Roger Medina and Antonia Medina, Respondents-Appellants. No. 09CA1430.Colorado Court of Appeals. September 16, 2010. Appeal from the District Court, El Paso County, No. 05DR897, Gilbert A. Martinez, J. Page 1120 The Marrison […]

(438 P.2d 234) Mary A. Beatty v. Automatic Catering, Inc., Employer, and Industrial Commission of the State of Colorado (Ex-officio Unemployment Compensation Commission of Colorado). No. 22897.Supreme Court of Colorado. Decided March 11, 1968. From a judgment of the trial court affirming a “no award” grant of unemployment compensation by the Industrial Commission, the claimant […]

Minh Luu, Petitioner, v. The People of the State of Colorado, Respondent. No. 91SC413Supreme Court of Colorado. Decided November 16, 1992. Rehearing Denied December 14, 1992. Certiorari to the Colorado Court of Appeals Page 272 David F. Vela, Colorado State Public Defender, Kathleen A. Lord, Deputy State Public Defender, for Petitioner. Gale A. Norton, Attorney […]

Gerald A. Rauschenberger, Terry Rauschenberger, the Estate of Elton H. Rauschenberger, and Ada Mae Rauschenberger, Plaintiffs-Appellants, v. Dr. Paul Radetsky, Defendant-Appellee. No. 83CA1336Colorado Court of Appeals. Decided August 15, 1985. Rehearing Denied October 3, 1985. Certiorari Granted Rauschenberger January 21, 1986 (85SC438). Appeal from the District Court of Jefferson County Honorable Anthony F. Vollack, Judge […]

The People of the State of Colorado, Plaintiff-Appellee, v. Max A. Martinez, Defendant-Appellant. No. 98CA2228Colorado Court of Appeals. April 12, 2001 Certiorari Denied October 1, 2001.[*] [*] Justice COATS does not participate. Justice BENDER would grant as to the following issues: Whether the United States Supreme Court’s decision in Apprendi v. New Jersey requires this […]

In Re the Marriage of Bonnie Bowman-Barry, n/k/a Bonnie-Lee Bowman, Appellee and Cross-Appellant, and William M. Barry, Appellant and Cross-Appellee. No. 86CA1385Colorado Court of Appeals. Decided December 17, 1987. Appeal from the District Court of Larimer County Honorable Arnaud Newton, Judge Frey, Lach Michaels, P. C., Susan M. Lach, for Appellee and Cross-Appellant. Phyllis Cox […]

(262 P.2d 734) DUMONT ET AL. v. TEETS, DIRECTOR. No. 17,098.Supreme Court of Colorado. Decided October 26, 1953. A proceeding involving the question whether, under the disclosed facts, agents of a partnership were employees or independent contractors. The trial court held, “These agent of the company were not independent contractors.” Reversed. 1. MASTER AND SERVANT […]

City and County of Denver, a municipal corporation, individually, and Burlington Northern Santa Fe Railroad, a Delaware corporation, individually, Petitioners, v. Joseph Gonzales, Respondent. Robert C. Meyer, Jr., d/b/a Automotive Specialists, Petitioner, v. William A. Barker, Respondent. No. 99SC738 No. 00SC111Supreme Court of Colorado. January 16, 2001 Certiorari to the Colorado Court of Appeals Page […]

(503 P.2d 343) The People of the State of Colorado v. Kristen Elizabeth Larsen No. 25087Supreme Court of Colorado. Decided November 20, 1972. Defendant was convicted of possession of marijuana and appealed. Reversed 1. DRUGS AND DRUGGISTS — Prosecution — Burden — Evidence — Person — Knowledge. The prosecution must present some evidence which either […]

The People of the State of Colorado v. Benedico Guillermo Crespin No. 79CA0705Colorado Court of Appeals. Decided August 6, 1981. Rehearing denied August 27, 1981. Appeal from the District Court of El Paso County, Honorable Richard V. Hall, Judge. Page 919 J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy Attorney General, Mary J. Mullarkey, […]

The People of the State of Colorado, Complainant, v. Howard L. Rice, Attorney-Respondent. No. 83SA63Supreme Court of Colorado. Decided August 19, 1985. Original Proceedings in Discipline Linda Donnelly, Disciplinary Prosecutor, George S. Meyer, Deputy Disciplinary Prosecutor, for Complainant. No appearance for Respondent. EN BANC JUSTICE ROVIRA delivered the Opinion of the Court. [1] A complaint […]

Gilbert Redin, Petitioner, v. Empire Oldsmobile, Inc., and The Industrial Commission of the State of Colorado, Respondents. No. 86CA0744Colorado Court of Appeals. Decided June 18, 1987. Review of Order from the Industrial Commission of the State of Colorado Page 53 Cynthia A. Ward, for Petitioner. Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney […]

The People of the State of Colorado, Plaintiff-Appellant, v. Robert J. Paiva, Defendant-Appellee. No. 86SA410Supreme Court of Colorado. Decided December 19, 1988. Appeal from District Court, Pueblo County Honorable Thomas E. Phelps, Judge G.F. Sandstrom, District Attorney, Steve L. Jensen, Deputy District Attorney, for Plaintiff-Appellant. David F. Vela, Colorado State Public Defender, Steve E. Alcala, […]

(564 P.2d 123) Robert N. Rathbun v. The Honorable Richard D. Greene, District Judge of the Arapahoe District Court, and The District Court of Arapahoe County No. 27594Supreme Court of Colorado. Decided May 23, 1977. Original proceeding in which petitioner ex-husband seeks relief in the nature of prohibition to prevent judge of district court of […]

(421 P.2d 116) Horacio Angelo Macias v. The People of the State of Colorado. No. 21784.Supreme Court of Colorado. Decided December 12, 1966. Defendant was convicted of burglary and conspiracy to commit burglary and brought error. Reversed. 1. CRIMINAL LAW — Reviewing Court — Consideration — Questions Not Raised — Prejudicial Error — Instant Case. […]

(304 P.2d 639) RAYMOND T. ROMERO, ET AL. v. PEOPLE OF THE STATE OF COLORADO. No. 17,919.Supreme Court of Colorado. Decided December 3, 1956. Rehearing denied December 24, 1956. From convictions for grand larceny and conspiracy to commit grand larceny, defendants bring error. Affirmed. 1. CRIMINAL LAW — Larceny — Ownership of Stolen Property. Ownership […]

(422 P.2d 636) Alfred L. Capra, Manager of Safety and Excise, and Ex-Officio Sheriff of the City and County of Denver, and Mose Trujillo, Under-Sheriff of the City and County of Denver v. Frank Leslie Miller. No. 22476.Supreme Court of Colorado. Decided January 23, 1967. From a discharge of prisoner in habeas corpus proceedings, error […]

The People of the State of Colorado, Complainant, v. Randolph A. Sigley, Attorney-Respondent. No. 96SA115Supreme Court of Colorado. Decided June 3, 1996 Original Proceeding in Discipline ATTORNEY SUSPENDED Page 1254 Linda Donnelly, Disciplinary Counsel, Kenneth B. Pennywell, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. Randolph A. Sigley, Pro Se, Colorado Springs, Colorado. EN BANC […]

98 P.2d 865 FAILING v. THE PEOPLE. No. 14,692.Supreme Court of Colorado. Decided January 22, 1940. Plaintiff in error was convicted of needlessly killing two dogs. Reversed. On Application for Supersedeas. 1. STATUTES — Killing Animals — Construction. Section 404, c. 48, ’35 C. S. A., was enacted to prevent cruelty to animals; section 40, […]

(326 P.2d 372) THE PEOPLE EX REL. CITY AND COUNTY OF DENVER, ET AL. v. COUNTY COURT OF ARAPAHOE COUNTY, ET AL. No. 18,113.Supreme Court of Colorado. Decided June 2, 1958. Rehearing denied June 23, 1958. Original proceeding in the nature of prohibition to restrain county court of Arapahoe county from proceeding in action to […]

(242 P.2d 819) STUBBS v. STANDARD LIFE ASSOCIATION. No. 16,640.Supreme Court of Colorado. Decided March 17, 1952. Rehearing denied April 7, 1952. An action for the reformation of a mortgage and of a sheriff’s deed issued on foreclosure thereof. Judgment for plaintiff. Affirmed. 1. APPEAL AND ERROR — Evidence — Sufficiency. In an action for […]

(515 P.2d 1239) The People of the State of Colorado v. Kim LeRoy Duleff No. 25532Supreme Court of Colorado. Decided November 19, 1973. Defendant was convicted of unlawfully cultivating marijuana without first obtaining a license and of possession of marijuana and appealed. Reversed in Part, Affirmed in Part, Remanded for Resentencing. Page 214 1. ARREST […]

(595 P.2d 222) The People of the State of Colorado v. The Honorable Roscoe Pile, District Judge, 18th Judicial District, State of Colorado No. 28409Supreme Court of Colorado. Decided February 13, 1979. Original proceeding in nature of prohibition filed by special prosecutor appointed to prosecute a former sheriff for allegedly overspending two 1977 budgets. Rule […]

Colorado National Bank-Boulder, Intervenor-Appellant and Cross-Appellee, v. Zerobnick Sander, P. C., Appellee and Cross-Appellant. No. 86CA0554Colorado Court of Appeals. Decided January 26, 1989. Prior Opinion Announced September 8, 1988 Withdrawn. Rehearing Granted January 26, 1989. Appeal from the District Court of Arapahoe County Honorable Marvin W. Foote, Judge Page 1277 Steven E. Harris; Hurth, Yeager […]

In re the Petition of J.M.A., and Concerning E.B.R.A., a Child, and J.L.S., Jr., Respondent-Appellant, and Concerning G.C. and A.C., Appellees. No. 09CA2620.Colorado Court of Appeals. June 10, 2010. Appeal from the District Court, Clear Creek County, Russell H. Granger, J. Page 548 Kaczmarek Law Firm, LLC, Bridgette D. Kaczmarek, Colorado Springs, Colorado, for Respondent-Appellant. […]

The PEOPLE of the State of Colorado, Complainant, v. Robert Thomas EDWARDS, Respondent. No. 07PDJ027.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. Court of Colorado. December 30, 2008. Page 556 Attorney Regulation. Following a Sanctions Hearing, the Presiding Disciplinary Judge suspended Robert Thomas Edwards (Attorney Registration No. 36214) from the practice […]

64 P.2d 127 FRENCH v. COMMERCIAL CREDIT COMPANY. No. 13,779.Supreme Court of Colorado. Decided November 9, 1936. Injunction proceeding to restrain threatened sale of personal property under alleged foreclosure of a chattel mortgage. Temporary injunction issued which later was dissolved on final hearing. Reversed. On Application for Supersedeas. 1. BILLS AND NOTES — Extension Agreement […]

(485 P.2d 116) Richard Horace Bodhaine v. The People of the State of Colorado No. 23657Supreme Court of Colorado. Decided May 24, 1971 Defendant was convicted of forgery and brought error. Affirmed. 1. FORGERY — Store Clerk — Identification of Defendant — Officer — Pictures — Suggestive — Misidentification — Denial of Due Process — […]

(239 P.2d 312) PEOPLE OF THE STATE OF COLORADO v. DOLPH. No. 16,579.Supreme Court of Colorado. Decided December 17, 1951. A criminal case in which defendant, defendant in error, was charged with obtaining money by means of false and fraudulent representations and attempting to obtain money by use of the confidence game. Defendant’s motion for […]

(430 P.2d 82) Mark II Electronics, Inc., a corporation, d/b/a North American Acceptance Corp. v. Robert C. Dotson and Ila Mae Dotson. No. 21767.Supreme Court of Colorado. Decided July 17, 1967. Action by holder against makers to recover balance due on promissory note pursuant to written agreement to install intercom, fire and burglar alarm systems. […]