Category: Colorado Court Opinions

(499 P.2d 1196) Charles Riley Dickerson v. The People of the State of Colorado No. 24086Supreme Court of Colorado. Decided July 17, 1972. Rehearing denied August 28, 1972. Defendant was convicted of possession of marijuana and brought error. Affirmed 1. SEARCHES AND SEIZURES — Fourth Amendment — Prohibitions — Unreasonable. The prohibitions of the Fourth […]

The People of the State of Colorado, Plaintiff-Appellee, v. Anthony Roca, Defendant-Appellant. No. 00CA1449Colorado Court of Appeals. December 21, 2000 Appeal from the District Court of El Paso County, Honorable Theresa M. Cisneros, Judge, No. 94CR3899. MOTION DENIED Page 836 Ken Salazar, Attorney General, Peter J. Cannici, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee Anthony […]

Howard T. Hyland, Plaintiff-Appellant and Cross-Appellee, v. Pikes Peak Capital Corp., d/b/a Transwestern Properties, Inc., a Colorado corporation, Defendant-Appellee and Cross-Appellant. No. 84CA0507Colorado Court of Appeals. Decided November 29, 1985. Rehearing Denied December 26, 1985. Appeal from the District Court of El Paso County Honorable Donald E. Campbell, Judge Braden, Frindt Krall, P.C., Ralph A. […]

The PEOPLE of the State of Colorado, Petitioner, v. Jermaine L. MUCKLE, Respondent. No. 03SC775.Supreme Court of Colorado. En Banc. January 10, 2005. Appeal from the District Court, Arapahoe County, James F. Macrum, Jr., J. John W. Suthers, Acting Attorney General, Laurie A. Booras, First Assistant Attorney General, Denver, for Petitioner. The Law Firm of […]

The People of the State of Colorado v. The District Court of the City and County of Denver and the Honorable Warren O. Martin, Judge. No. 81SA176Supreme Court of Colorado. Decided November 2, 1981. Rehearing denied November 16, 1981. Original Proceeding Page 690 J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy, Mary J. Mullarkey, […]

The People of the State of Colorado, Complainant, v. Jay E. Goldstein, Attorney-Respondent. No. 94SA110Supreme Court of Colorado. Decided December 19, 1994 Original Proceeding in Discipline. ATTORNEY DISBARRED. Linda Donnelly, Disciplinary Counsel, James C. Coyle, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. Michael L. Gilbert, Denver, Colorado, Attorney for Attorney-Respondent. EN BANC PER CURIAM. […]

56 P.2d 490 BARR v. AARONS. No. 13,623.Supreme Court of Colorado. Decided March 9, 1936. Rehearing denied April 6, 1936. Action for damages for fraud and deceit. Judgment for defendant. Reversed. 1. APPEAL AND ERROR — Fact Issues — Conflicting Evidence. Where issues of fact are involved and the evidence conflicting, it is error for […]

Dr. John W. Yarbro, surviving spouse of decedent, Geraldine Yarbro, Petitioner-Appellant, v. Hilton Hotels Corporation, Defendant and Third-Party Plaintiff, v. I. M. Pei, individually, and I. M. Pei Partners, a partnership, formerly known as I. M. Pei and Associates, Third-Party Defendants-Appellees. No. 80SA274Supreme Court of Colorado. Decided December 13, 1982. Rehearing denied January 10, 1983. […]

Bruce Salimi, Plaintiff-Appellant, v. Farmers Insurance Group, Defendant-Appellee. No. 82CA1461Colorado Court of Appeals. Decided June 14, 1984. Appeal from the District Court of El Paso County Honorable William E. Rhodes, Judge Barash LeHouillier, Patric J. LeHouillier; Craig M. Cornish, for plaintiff-appellant. Rector, Rutherford, Mullen Johnson, J. Stephen Mullen, Neil C. Bruce, for defendant-appellee. Division I. […]

68 P.2d 36 ESTATE OF MORROW. MORROW v. MORROW. No. 13,860.Supreme Court of Colorado. Decided May 3, 1937. Proceeding for the determination of heirship. Daughter of deceased decreed to be his sole surviving heir. Affirmed. 1. HUSBAND AND WIFE — Common-law Marriage — Children. In a proceeding for determination of heirship, on a review of […]

(561 P.2d 377) Tim Brogan v. Bill Eger Motors, Inc., a Colorado corporation No. 76-153Colorado Court of Appeals. Decided March 3, 1977. In action for withheld wages, judgment was entered for plaintiff and included a 50% penalty and costs. Defendant appealed. Affirmed as Modified 1. MASTER AND SERVANT — Statutory Action — Withheld Wages — […]

Carol Frey, Petitioner, v. Adams County School District No. 14 and Board of Education of Adams County School District No. 14, Respondents. No. 89SC234Supreme Court of Colorado. Decided January 14, 1991. Rehearing Denied February 4, 1991. Certiorari to the Colorado Court of Appeals George C. Price, P.C., George C. Price, Douglas J. McGinty, Craig H. […]

(534 P.2d 316) The People of the State of Colorado v. Archie Calvaresi No. 25997Supreme Court of Colorado. Decided April 21, 1975. Petition for modification denied May 5, 1975 Defendant was convicted of manslaughter and appealed. Reversed 1. HOMICIDE — Manslaughter — Recklessness — Criminal Negligence — Lesser Sentence — Unconstitutional. Portion of manslaughter statute […]

The People of the State of Colorado, Complainant, v. Patrick L. Dulaney, Attorney-Respondent. No. 89SA364Supreme Court of Colorado. Decided January 29, 1990. Original Proceeding in Discipline Linda Donnelly, Disciplinary Counsel, George S. Meyer, Deputy Disciplinary Counsel, for Complainant. Patrick L. Dulaney, Pro Se. EN BANC PER CURIAM [1] This is an attorney discipline case involving […]

Geriatrics, Inc., a Nevada corporation, authorized to do business in Colorado, Plaintiff-Appellee, v. Colorado Department of Social Services; Colorado Board of Social Services; George S. Goldstein, in his official capacity as Director of the Department of Social Services; Colorado Department of Administration; and the State of Colorado, Defendants-Appellants. No. 83CA1127Colorado Court of Appeals. Decided May […]

(315 P.2d 823) CHARLES E. CAIN v. INDUSTRIAL COMMISSION OF COLORADO, ET AL. No. 18,189.Supreme Court of Colorado. Decided September 16, 1957. Rehearing denied October 7, 1957. The Industrial Commission upon petition reopened a compensation case on its own motion, and after taking evidence as to the extent of claimant’s permanent disability, denied the petition […]

Total Condominium Management, Inc., Plaintiff-Appellant and Cross-Appellee, v. Lester J. Lambert Co., Defendant-Appellee and Cross-Appellant. No. 83CA0220Colorado Court of Appeals. Decided October 31, 1985. Rehearings Denied December 19, 1985. Certiorari Denied March 17, 1986 (86SC19). Appeal from the District Court of the City and County of Denver Honorable John Brooks, Jr., Judge Walters Theis, B. […]

(552 P.2d 1) In Re the Estate of George Colman, People of the State of Colorado, ex rel., Joseph Dolan, Executive Director, Department of Revenue, State of Colorado v. Greeley National Bank, individually and as Executor of the Estate of George Colman No. C-706Supreme Court of Colorado. Decided July 6, 1976. District court held that […]

Baldwin Construction Inc., and the Colorado Compensation Insurance Authority, Petitioner, v. The Industrial Claim Appeals Office of the State of Colorado and Randy Tebeest, Respondents. No. 96CA1362Colorado Court of Appeals. March 6, 1997 Petitions for Rehearing DENIED April 17, 1997 Review of Order from the Industrial Claim Appeals Office of the State of Colorado WC […]

(587 P.2d 1199) Julia Morton Woodhouse v. The District Court in and for the Seventeenth Judicial District of the State of Colorado and the Honorable Abraham Bowling, one of the Judges thereof No. 28304Supreme Court of Colorado. Decided December 18, 1978. Original proceeding in which mother of child seeks an order prohibiting the district court […]

(607 P.2d 399) David Robert Nix v. William Tice, a Hearing Examiner for the State of Colorado, Department of Revenue, Motor Vehicle Division; George L. Theobald, Hearing Division Director, Motor Vehicle Division, Department of Revenue of the State of Colorado, and Alan Charnes, Director of the Department of Revenue, State of Colorado No. 79CA0446Colorado Court […]

In the Matter of the Estate of Stephen James Boyd, Deceased. Ronald Boyd, Claimant-Appellee, v. Linda Boyd, as Personal Representative, and Linda Boyd, Individually, Personal Representative-Appellant. No. 97CA2072Colorado Court of Appeals. December 24, 1998 Rehearing Denied January 21, 1999. Appeal from the District Court of Lincoln County, Honorable Norman L. Arends, Judge No. 95PR8 JUDGMENT […]

The PEOPLE of the State of ColoradO, Plaintiff-Appellee, v. Shala L. BLESSETT, Defendant-Appellant. No. 04CA0434.Colorado Court of Appeals. April 20, 2006. As Modified on Denial of Rehearing July 13, 2006. Appeal from the District Court, Adams County, C. Scott Crabtree, J. Page 389 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

(554 P.2d 297) The People of the State of Colorado v. Juan Bastardo No. 26551Supreme Court of Colorado. Decided September 13, 1976. Defendant was convicted of first-degree murder of Robert A. Rivera and of second-degree murder of Mike Armijo and appealed. Affirmed 1. WITNESSES — Prior Inconsistent Statements — Proper Foundation Laid — Statute. Section […]

(397 P.2d 881) NATHAN YANISH, D/B/A KING MOTOR SALES AND KING CAR COMPANY, v. CLAUDE E. FERNANDEZ. No. 20526.Supreme Court of Colorado. Decided January 4, 1965. Rehearing denied January 18, 1965. Action for damages by buyer of used automobile for breach of implied warranty of fitness by seller. Judgment for buyer. Reversed and Remanded. 1. […]

(532 P.2d 54) W. L. Houser v. Wilbert W. Eckhardt v. Security Insurance Company of Hartford No. 73-419Colorado Court of Appeals. Decided December 24, 1974. Rehearing denied January 14, 1975. Certiorari granted March 10, 1975. Extended litigation of negligence action spanned eleven years and culminated in appeal concerning the extent of defendant’s insurer’s obligation to […]

(547 P.2d 931) Ross Evans and Gilbert Evans, a/k/a Gilbert Evans and Son v. Raymond M. Simpson, Tommy Neal, Robert D. McPhee, State Board of Land Commissioners and Empire Energy Corporation No. 26815Supreme Court of Colorado. Decided March 29, 1976. Lessees of surface rights appeal from adverse decision of district court dismissing their complaint against […]

(490 P.2d 71) Pioneer Construction Company v. Doris L. Richardson. No. 23685Supreme Court of Colorado. Decided November 1, 1971. Wrongful death action against highway construction company by wife for death of her husband, a truck driver, who was killed when the semi-trailer truck he was driving overturned on highway under construction. Judgment for plaintiff. Affirmed. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Ann Armstrong, Defendant-Appellant. No. 81CA0354Colorado Court of Appeals. Decided December 9, 1982. Rehearing denied February 3, 1983. Certiorari Granted May 23, 1983. Appeal from the District Court of El Paso County Honorable Joe A. Cannon, Judge. Page 717 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

(582 P.2d 692) The People of the State of Colorado, In the Interest of M.M., a child, and concerning Mr. and Mrs. T.D.M. No. 77-1040Colorado Court of Appeals. Decided May 4, 1978. Rehearing denied May 25, 1978. Certiorari denied August 8, 1978. Upon a jury finding that the charge of sexual assault upon a child […]

The People of the State of Colorado, Plaintiff-Appellant, v. Daniel R. Gonzales, Defendant-Appellee. No. 83SA135Supreme Court of Colorado. Decided April 23, 1984. Appeal from the District Court, City and County of Denver Honorable Alvin D. Lichtenstein, Judge Page 1086 Norman S. Early, Jr., District Attorney, Second Judicial District, Brooke Wunnicke, Chief Appellate Deputy District Attorney, […]

STATE of Colorado, ex rel. John W. SUTHERS, Attorney General, Plaintiff-Appellant, v. The MANDATORY POSTER AGENCY, INC., d/b/a Colorado Food Service Compliance Center, d/b/a The Colorado Labor Law Poster Service; Steven J. Fata; Thomas Fata; and Joe Fata, Defendants-Appellees. No. 09CA0253.Colorado Court of Appeals. December 24, 2009. Certiorari Dismissed March 10, 2010. Appeal from the […]

In re the Marriage of: Pearl Jean Hughes and Alvin Ray Hughes No. 81CA0139Colorado Court of Appeals. Decided October 22, 1981. Appeal from the District Court of of the City and County of Denver, Honorable Raymond D. Jones, Judge. Page 934 Weiner and Schiller, Richard A. Weiner, for appellee. Lozow and Lozow, Gary Lozow, for […]

David MARTIN and Rebecca Martin, parents and next friends to Maureen Martin, a minor and incapacitated person, Plaintiffs-Appellees and Cross-Appellants, v. UNION PACIFIC RAILROAD COMPANY, a foreign corporation and Dannie Dolan, individually, Defendants-Appellants and Cross-Appellees. No. 05CA1917.Colorado Court of Appeals. September 20, 2007. Appeal from the Douglas County District Court, Paul A. King, J. Page […]

W. Dean Smith, Plaintiff-Appellee and Cross-Appellant, v. John R. Mehaffy and Martin Mehaffy, LLC, Defendants-Appellants and Cross-Appellees. No. 99CA1485Colorado Court of Appeals. November 9, 2000 As Modified on Denial of Rehearing December 21, 2000 Certiorari Denied August 20, 2001[*] [*] Justice KOULIS would grant as to the following issue: Whether the court of appeals erred […]

The People of the State of Colorado, Plaintiff-Appellee, v. Walter Brice Stevenson, Jr., Defendant-Appellant. No. 92CA1745Colorado Court of Appeals. Decided January 13, 1994. Rehearing Denied February 17, 1994. Petition for Writ of Certiorari DENIED September 19, 1994. Appeal from the District Court of Jefferson County Honorable Michael C. Villano, Judge, No. 91CR294 JUDGMENT AFFIRMED Gale […]

The People of the State of Colorado, Complainant, v. Ralph J. Koransky, Respondent. No. 91SA394Supreme Court of Colorado. Decided January 11, 1993. Original Proceeding in Discipline Page 669 Linda Donnelly, Disciplinary Counsel, L. Michael Henry, Chief Investigative Counsel, for Complainant. Ralph J. Koransky, Pro Se. EN BANC PER CURIAM [1] The Office of Disciplinary Counsel […]

8 P.2d 704 STATE BOARD OF DENTAL EXAMINERS ET AL. v. PATCH. No. 12,669.Supreme Court of Colorado. Decided January 18, 1932. Rehearing denied February 23, 1932. The district court restored to defendant in error his license to practice the dental profession which had been theretofore revoked by the state board of dental examiners. Reversed. 1. […]

(536 P.2d 820) The People of the State of Colorado v. David Smith No. 26680Supreme Court of Colorado. Decided June 16, 1975. Rehearing denied July 7, 1975. District court denied defendant’s motion to correct sentence after he was convicted of dispensing narcotic drugs. Reversed 1. CRIMINAL LAW — Finality — Conviction — Relief From Sentence […]

(279 P.2d 434) HORLBECK ET AL. v. WALTHER. No. 17,428.Supreme Court of Colorado. Decided January 17, 1955. Rehearing denied January 31, 1955. An action to obtain a court order setting aside a foreclosure sale of property under a mortgage, restoring the property to plaintiff, and for damages. Writ of Error Dismissed. 1. APPEAL AND ERROR […]

Cucharas Sanitation Water District, a quasi-municipal corporation, County of Huerfano, State of Colorado, Petitioner-Appellant, v. C. J. Mounsey, L. Catherine Mounsey, and Shirley Zubal, Treasurer of the County of Huerfano, State of Colorado, Respondents-Appellees. No. 89CA1550Colorado Court of Appeals. Decided December 20, 1990. Rehearing Denied January 24, 1991. Appeal from the District Court of Huerfano […]

Maylene Morris, Plaintiff-Appellee and Cross-Appellant, v. Edward O. Geer, and Robert E. Goodwin, Defendants-Appellants, and Cross-Appellees. No. 83CA0878Colorado Court of Appeals. Decided March 6, 1986. Rehearing Denied April 3, 1986. Certiorari Denied June 9, 1986 (86SC133). Appeal from the District Court of the City and County of Denver Honorable Robert T. Kingsley, Judge Page 995 […]

(614 P.2d 891) Lynne Silverstein v. Sisters of Charity of Leavenworth Health Services Corporation, and Saint Joseph Hospital, Inc. No. 78-135Colorado Court of Appeals. Decided December 20, 1979. Rehearing denied February 21, 1980. Certiorari denied June 30, 1980. Hospital refused employment to respiratory therapist who had a history of epilepsy, and in resulting action premised […]

108 P.2d 228 ALSON INVESTMENT COMPANY ET AL. v. YOUNGQUIST ET AL. No. 14,785.Supreme Court of Colorado. Decided November 18, 1940. Rehearing denied December 9, 1940. A proceeding under the Workmen’s Compensation Act. Judgment for claimants against the investment company and its insurance carrier. Reversed. 1. WORKMEN’S COMPENSATION — Employer — Statutes. The Rockwell Investment […]

74 P.2d 1239 SIX STAR LUBRICANTS COMPANY v. MOREHOUSE. No. 14,146.Supreme Court of Colorado. Decided December 6, 1937. Rehearing denied January 10, 1938. Suit on contract to recover royalties on lubricants manufactured or sold by defendant. Judgment for plaintiff. Reversed. 1. APPEAL AND ERROR — Sufficiency of Evidence. In a suit on contract to recover […]

Ace Title Company, Inc., d/b/a Ace Tile Terrazzo, Inc., Plaintiff-Appellee, v. Casson Construction Company, Inc., Defendant-Appellant, v. Victor F. Boog, Appellant, and Sam W. Miller, August Waegemann; and Union Square Development Company, Defendants-Appellees. No. 85CA0989Colorado Court of Appeals. Decided April 14, 1988. Appeal from the District Court of Jefferson County Honorable Winston W. Wolvington, Judge […]

Showpiece Homes Corporation, Joy L. McMillan, and Edward J. McMillan, Plaintiffs v. Assurance Company Of America Defendant. No. 00SA212Supreme Court of Colorado. December 17, 2001 Opinion modified, and as modified, Petition for Rehearing DENIED. EN BANC. January 14, 2002. Certification of Question of Law, Pursuant to C.A.R. 21.1 U.S. District Court, District of Colorado Civil […]

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Yvonne Marie GOTHARD, Defendant-Appellee. No. 08SA40.Supreme Court of Colorado. June 9, 2008. Appeal from the District Court, Adams County, Vincent Phelps, J. Page 181 Don Quick, District Attorney, Seventeenth Judicial District, Michael J. Milne, Senior Deputy District Attorney, Brighton, Colorado, Attorneys for Plaintiff-Appellant. Douglas K. Wilson, […]

The First National Bank of Denver, a National Banking Association, Petitioner, v. The District Court in and for the City and County of Denver, State of Colorado, and the Honorable Roger Cisneros, One of the Judges Thereof, Respondents. No. 82SA65Supreme Court of Colorado. Decided October 18, 1982. Original Proceeding Page 614 John Mason, Jr., for […]

14 P.2d 187 BOTKIN v. PYLE. No. 12,538.Supreme Court of Colorado. Decided July 5, 1932. Rehearing denied September 12, 1932. Action to recover interest in real estate and for possession. Judgment for plaintiff. Reversed. 1. TRUSTS — Defined. A trust in its simplest form is that relation between two persons by virtue of which one […]

(437 P.2d 350) The People of the State of Colorado v. Lawrence L. Fenton. No. 23326.Supreme Court of Colorado. Decided February 19, 1968. Original proceedings in discipline of attorney at law. Attorney Respondent Publicly Censured. 1. ATTORNEYS AT LAW — Standard of Conduct — Members of Bar. The highest standards of justice, honesty and morality […]

154 P.2d 46 BROTHERS, DOING BUSINESS AS AUTO INN GARAGE ET AL. v. CHATFIELD. No. 15,257.Supreme Court of Colorado. Decided December 4, 1944. An action for damages growing out of an automobile collision. Judgment for plaintiff. Affirmed. 1. AUTOMOBILES — Negligence — Proof. In an action for damages growing out of an automobile accident, the […]

(580 P.2d 830) St. Claire Okie Hayden and John O. Hayden v. The Board of County Commissioners of the County of Jefferson, The State Department of Highways, Division of Highways, State of Colorado No. 77-118Colorado Court of Appeals. Decided June 1, 1978. Petition for rehearing granted and prior opinion of March 2, 1978, withdrawn. From […]

(596 P.2d 759) The People of the State of Colorado v. Floyd Gutierrez No. 28386Supreme Court of Colorado. Decided June 25, 1979. Defendant is charged with four counts of felony menacing, and the People bring this interlocutory appeal seeking review of an adverse ruling by the trial court which suppressed inculpatory statements made by defendant. […]

Donald W. Bieber, Petitioner and Cross-Respondent, v. The People of the State of Colorado, Respondent and Cross-Petitioner. No. 92SC220Supreme Court of Colorado. Decided July 19, 1993. Certiorari to the Colorado Court of Appeals Page 812 Vitek Doniger, P.C., Anne M. Vitek, Jeffrey D. Doniger, for Petitioner and Cross-Respondent. Gale A. Norton, Attorney General, Raymond T. […]

Carl W. Winters, Petitioner, v. The Industrial Commission of the State of Colorado; Can-Do Lathing, Employer; and State Compensation Insurance Fund, Respondents. No. 86CA0392Colorado Court of Appeals. Decided December 24, 1986. Opinion Modified, and as Modified Rehearings Denied February 12, 1987. Certiorari Denied Commission May 11, 1987 (87SC85). Review of Order from the Industrial Commission […]

(391 P.2d 463) GIOVANNI GENTILE, ET AL., v. PETER GENTILE, ADMINISTRATOR OF THE ESTATE OF VITO GENTILE, DECEASED. No. 20,480.Supreme Court of Colorado. Decided April 20, 1964. Proceedings involving distribution of assets of estate of deceased. From a judgment awarding entire assets to Administrator heir, other heirs bring error. Reversed. 1. ESTATES — Administrator — […]

(486 P.2d 460) C. E. Nation v. Leo Chambers No. 71-042 (Supreme Court No. 24341)Colorado Court of Appeals. Decided May 4, 1971. Rehearing denied May 25, 1971. Certiorari granted September 20, 1971. Priority dispute between holder of mechanic’s lien on oil and gas well and holder of vendor’s chattel mortgage on equipment furnished that well. […]

The People of the State of Colorado, Plaintiff-Appellant, v. Robert Boulies, Defendant-Appellee. No. 82SA557Supreme Court of Colorado. Decided November 13, 1984. Rehearing Denied December 10, 1984. Appeal from District Court, Weld County Honorable Robert Behrman, Judge Page 1254 Duane Woodard, Attorney General, Charles B. Howe, Deputy Attorney General, Joel W. Cantrick, Solicitor General, Nathan B. […]

Donald WAGNER, Plaintiff-Appellant, v. GRANGE INSURANCE ASSOCIATION, Defendant-Appellee. No. 06CA0172.Colorado Court of Appeals. June 28, 2007. Page 305 Appeal from the District Court, Adams County, Thomas R. Ensor, J. Hagens Berman Sobol Shapiro, LLP, Robert B. Carey, Phoenix, Arizona, for Plaintiff-Appellant. Page 306 Levy, Morse Wheeler, PC, Stuart D. Morse, Brian J. Waters, Englewood, Colorado, […]

(272 P.2d 641) MILLS v. SHARPE. No. 17,249.Supreme Court of Colorado. Decided July 6, 1954. An action for judgment for labor performed in connection with the construction of irrigation dams. Judgment for plaintiff. Affirmed. 1. ACTIONS — Labor Performed — Compensation. In an action for compensation for labor performed, it is held on review: “If […]

(474 P.2d 153) The People of the State of Colorado v. Maurice L. Hiles. No. 24780.Supreme Court of Colorado. Decided September 8, 1970. Interlocutory appeal from a decision of district court denying defendant’s motion to suppress a statement made by him to interrogating officers following his arrest for the crime of indecent liberties. Affirmed. 1. […]

31 P.2d 1116 SECOND INDUSTRIAL BANK v. SURRATT ET AL. No. 12,789.Supreme Court of Colorado. Decided April 9, 1934. Action for conversion of personalty. Judgment for plaintiffs. Affirmed. On Rehearing. 1. PLEADING — Demurrer and Answer — Waiver. The objection that causes of action are improperly united can only be raised by demurrer; if such […]

(490 P.2d 697) Duffy Storage Moving Company v. The Public Utilities Commission of the State of Colorado, Watson Bros. Van Lines and Heavy Hauling Company, and R. E. Robinson, Doing Business as Bowers Son. No. 25070.Supreme Court of Colorado. Decided November 29, 1971. Action requesting transfer of certificate of authority for general cartage. Public Utilities […]

David G. Hill and Joan S. Hill, Plaintiffs-Appellants, v. Richard Behrmann and Left Hand Ditch Company, a Colorado corporation, Defendants-Appellees. No. 94CA1075Colorado Court of Appeals. Decided August 24, 1995 Petition for Rehearing DENIED September 28, 1995. Certiorari Granted March 11, 1996. Page 680 Appeal from the District Court of Boulder County Honorable Joseph Bellipanni, Judge […]

The People of the State of Colorado, Plaintiff-Appellee, v. George W. Rowe, Defendant-Appellant. No. 90CA1742Colorado Court of Appeals. Decided April 23, 1992. Rehearing Denied May 21, 1992. Certiorari Granted October 13, 1992 (92SC396). Certiorari Granted on the following issues: Whether assault in the first degree committed in the heat of passion, § 18-3-202(2)(a), 8B C.R.S. […]

490 P.2d 81 William Hedges Robinson, Jr., Executor of the Estate of J. R. Creighton, Deceased v. New York Life Insurance Co. No. 70-408Colorado Court of Appeals. Decided September 21, 1971. Rehearing denied October 13, 1971. Action on life insurance policy seeking double-indemnity recovery for accidental death. From jury verdict for plaintiff, insurer appealed. Affirmed […]

The People of the State of Colorado, Plaintiff-Appellee, v. Gary Lee Davis, a/k/a Gary Lee Gehrer, Defendant-Appellant. No. 87SA288Supreme Court of Colorado. Decided May 14, 1990. Opinion Modified and as Modified Rehearing Denied July 9, 1990. Appeal from District Court Adams County Honorable Harlan R. Bockman, District Judge Page 160 [EDITORS’ NOTE: THIS PAGE CONTAINS […]

Sam Dunlap, Ed Bachmann, Margge Adler, Janalyn Kehm and Lawrence D. Ochs, individually, Plaintiffs-Appellants, v. Colorado Springs Cablevision, Inc., a Colorado corporation; Leonard Tow, John Doe, and Richard Doe, individually, Defendants-Appellees. No. 88CA1317Colorado Court of Appeals. Decided May 3, 1990. Rehearing Denied June 7, 1990. Certiorari Granted November 13, 1990 (90SC386). Certiorari Granted on the […]

(472 P.2d 188) James Gertge, Phillip Gertge, Mary G. Rhodes, and Catherine Monroe v. John A. Gertge, Adam Gertge, Jr., and George L. Gertge No. 70-056 (Supreme Court No. 22879)Colorado Court of Appeals. Decided May 12, 1970. Rehearing denied June 9, 1970. Certiorari denied July 30, 1970. Action to set aside various conveyances by which […]

The People of the State of Colorado, Plaintiff-Appellant, v. Alan D. Clements, Defendant-Appellee. No. 83SA102Supreme Court of Colorado. Decided June 27, 1983. Interlocutory Appeal from the District Court of Adams County, Honorable Harlan R. Bockman, Judge. Paul Q. Beacom, District Attorney, Kathryn J. Aragon, Deputy District Attorney, for plaintiff-appellant. No appearance for defendant-appellee. En Banc. […]

Monroe Industrial Bank, a Colorado banking corporation, Plaintiff-Appellant, v. Harry Bloom, State Banking Commissioner, Norman P. Dubois, Joel H. Wiens, Thomas J. Wiens, and Colorado Industrial Bancorporation, Defendants-Appellees. No. 81CA0775Colorado Court of Appeals. Decided June 24, 1982. Appeal from the District Court of the City and County of Denver, Honorable Robert Fullerton, Judge Page 687 […]

TOWN OF ERIE, Colorado, a Colorado municipal corporation, Plaintiff-Appellant and Cross-Appellee, v. TOWN OF FREDERICK, a Colorado municipal corporation; Eric E. Doering, in his capacity as Mayor of the Town of Frederick, Colorado; and Board of Trustees of Frederick, Colorado, Defendants-Appellees and Cross-Appellants. No. 09CA1066.Colorado Court of Appeals. June 10, 2010. Appeal from the Weld […]

(618 P.2d 696) Wheat State Service Corporation, a Colorado corporation; and Richard A. O’Donnell and Kan-Col Investment Corporation, a Colorado corporation v. Colfax National Bank, a national banking association No. 78-1187Colorado Court of Appeals. Decided June 12, 1980. Rehearing denied July 3, 1980. Certiorari denied October 6, 1980. Bank appealed judgment of trial court that […]

(560 P.2d 94) The People of the State of Colorado v. Herbert Tulipane No. 27233Supreme Court of Colorado. Decided February 22, 1977. District attorney appeals from an order of the district court dismissing an eight-count information against defendant. Reversed 1. INDICTMENT AND INFORMATION — Nine Counts — County Court — Plea of Guilty — Dismissal […]

(381 P.2d 999) SAFEWAY STORES, INC., v. GEORGIA C. REES. No. 20,162.Supreme Court of Colorado. Decided May 20, 1963. Rehearing denied June 10, 1963. Action against super market for damages allegedly caused by eating contaminated food. Judgment for plaintiff. Reversed. 1. FOOD — Foreign Substance — Injury — Evidence — Sufficiency. In an action against […]

The People of the State of Colorado, Complainant, v. Myles Joseph Dolan, Attorney-Respondent. No. 88SA371Supreme Court of Colorado. Decided March 27, 1989. Opinion modified and, as modified, Respondent’s Motion for Clarification and Motion for Modification Denied April 10, 1989. Original Proceeding in Discipline. Page 506 George S. Meyer, Disciplinary Prosecutor, for Complainant. Myles J. Dolan, […]

Andrei Nagy and Maria Nagy, Petitioners, v. The District Court of the City and County of Denver, State of Colorado, and the Honorable John Brooks, Jr., one of the Judges thereof, Respondents. No. 88SA49Supreme Court of Colorado. Decided October 11, 1988. Original Proceeding Page 159 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

94 P.2d 452 READ v. MICEK ET AL. No. 14,442.Supreme Court of Colorado. Decided September 18, 1939. Action for damages alleged to have been caused by defendant’s trespassing cattle. Judgment for plaintiffs. Affirmed. 1. APPEAL AND ERROR — Deficient Record. Alleged error, based upon the assignment that the judgment is unsupported by the evidence, will […]

Colorado Insurance Guaranty Association, a nonprofit unincorporated legal entity, Plaintiff-Appellant and Cross-Appellee, v. Mable E. Harris, Defendant-Appellee and Cross-Appellant, and Forrest E. Guthrie and Nick Keseloff, Defendants-Appellees. No. 90CA0522Colorado Court of Appeals. Decided April 11, 1991. Rehearing Denied May 9, 1991. Certiorari Granted September 9, 1991 (91SC343). Certiorari Granted on the following issues: Whether the […]

(246 P.2d 624) HICKMAN v. DREYER ET AL. No. 16,524.Supreme Court of Colorado. Decided June 9, 1952. Rehearing denied July 7, 1952. An action for injunction involving the right to the use of water for irrigation. Judgment of dismissal. PER CURIAM. Judgment affirmed en banc without written opinion. Mr. Justice Clark and Mr. Justice Knauss, […]

The People of the State of Colorado, Plaintiff-Appellant, v. C.V., a child, and concerning, Helen Rowe, parental respondent, Defendant-Appellee. No. 02SA331.Supreme Court of Colorado. En Banc. March 3, 2003. Interlocutory Appeal from the District Court, Prowers County, No. 02JD130, Honorable Stanley Brinkley, Judge ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Page 273 No. 02SA331, People […]

205 P.2d 781 MARDEN ET AL. v. BECKWITH. No. 16,113.Supreme Court of Colorado. Decided April 11, 1949. An action by a broker to recover a commission on a sale of property. Judgment for plaintiff. Reversed. 1. APPEAL AND ERROR — Sufficiency of Evidence. In an action by a real-estate broker to recover a commission on […]

The People Of The State Of Colorado, Complainant, v. John Delos Zimmermann, Attorney-Respondent. No. 96SA17Supreme Court of Colorado. Decided May 20, 1996 Original Proceeding in Discipline ATTORNEY SUSPENDED Linda Donnelly, Disciplinary Counsel, Kenneth B. Pennywell, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. Michael D. Gross, Colorado Springs, Colorado, Attorney for Attorney-Respondent. EN BANC JUSTICE […]

The People of the State of Colorado, Petitioner, v. Vincent Joseph Spoto, Respondent. No. 88SC611Supreme Court of Colorado. Decided July 9, 1990. Opinion Modified, and as Modified Rehearing Denied August 27, 1990. Certiorari to the Colorado Court of Appeals Page 1315 Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, […]

CONSUMER CRUSADE, INC., a Colorado corporation, Plaintiff-Appellant, v. CLARION MORTGAGE CAPITAL, INC., Defendant-Appellee. No. 07CA0924.Colorado Court of Appeals. October 16, 2008. Appeal from the District Court Arapahoe County, Carlos A. Samour, Jr., J. Page 286 The Demirali Law Firm, P.C., A.M. Demirali, Denver, Colorado, for Plaintiff-Appellant. Page 287 Bloom Murr Accomazzo, P.C., Eric P. Accomazzo, […]

The People of the State of Colorado, Complainant, v. Richard A. Schaefer, Attorney-Respondent. No. 97SA249Supreme Court of Colorado. September 15, 1997 Original Proceeding in Discipline ATTORNEY DISBARRED Linda Donnelly, Disciplinary Counsel, John S. Gleason, Deputy Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. Charles E. Mortimer, Jr., Lakewood, Colorado, Attorney for Attorney-Respondent EN BANC PER CURIAM […]

Cindy Acierno, Plaintiff-Appellant, v. Trailside Townhome Association, Inc., a Condominium Association, doing business in Colorado, and Hughs Management, a Homeowners Association, Defendants-Appellees. No. 92CA0787Colorado Court of Appeals. Decided April 22, 1993. Rehearing Denied May 27, 1993. Certiorari pending 07/07/93 (93SC412). Appeal from the District Court of Jefferson County Honorable Kenneth E. Barnhill, Judge Page 976 […]

Charles M. KRUTSINGER, Petitioner v. The PEOPLE of the State of Colorado, Respondent. No. 08SC378.Supreme Court of Colorado. October 13, 2009. Rehearing Denied November 23, 2009. Appeal from the District Court, Douglas County, Paul A. King, J. Page 1055 The Dubofsky Law Firm, P.C., Jean E. Dubofsky, Boulder, Colorado, Springer Steinberg, P.C., Michael P. Zwiebel, […]

The People of the State of Colorado, Plaintiff-Appellee, v. Jerry T. Kearns, Defendant-Appellant. No. 97CA2257Colorado Court of Appeals. May 27, 1999 Petition for Rehearing DENIED. July 8, 1999 Appeal from the District Court of the City and County of Denver, Honorable John N. McMullen, Judge, No. 96CR5671. JUDGMENT AND SENTENCE AFFIRMED AND CAUSE REMANDED WITH […]

Ralph Jeffrey v. The District Court in and for the Eight Judicial District of the State of Colorado, and the Honorable John-David Sullivan, one of the judges thereof No. 80SA476Supreme Court of Colorado. Decided March 23, 1981. Page 632 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

The People of the State of Colorado, Plaintiff-Appellee, v. Richard Edward Thiery, Defendant-Appellant. No. 86CA0993Colorado Court of Appeals. Decided February 9, 1989. Rehearing Denied March 9, 1989. Certiorari Denied September 5, 1989 (89SC187). Appeal from the District Court of El Paso County Honorable Donald D. Campbell, Judge Duane Woodard, Attorney General, Charles B. Howe, Chief […]

67 P.2d 497 INTERNATIONAL SERVICE UNION COMPANY v. ESPINOZA. No. 13,981.Supreme Court of Colorado. Decided April 12, 1937. Suit on life insurance certificate. Judgment for plaintiff. Affirmed. 1. TRIAL — Evidence — Appeal and Error — Presumption. Trial being without a jury it will be presumed on review that the court disregarded improper evidence. 2. […]

Timothy Masters, Petitioner: v. The People of The State of Colorado, Respondent: No. 01SC291Supreme Court of Colorado. En Banc October 15, 2002 Rehearing Denied December 16, 2002 Certiorari to the Colorado Court of Appeals, Court of Appeals Case No. 99CA896 JUDGMENT AFFIRMED No. 01SC291, Masters v. People: Expert testimony — Social ScienceEvidence — CRE 403 […]

(474 P.2d 185) Nina Vernice Hamilton v. Frances Ann Gravinsky, also known as Frances Ann Gravinsky Schnorr, and Dorcas E. Gravinsky No. 70-247 (Supreme Court No. 23620)Colorado Court of Appeals. Decided July 28, 1970. Rehearing denied August 18, 1970. Certiorari granted September 17, 1970 and October 22, 1970. Personal injury action. While school bus was […]