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Colorado Court of Appeals Opinions || November 10, 2011

Colorado Court of Appeals -- November 10, 2011
Announcement Sheet

 

PUBLISHED OPINIONS

Court of Appeals No. 10CA0232

Adams County District Court No. 09CV1944

Honorable Katherine R. Delgado, Judge

F.M.,

Petitioner-Appellant,

v.

The People of the State of Colorado,

Respondent-Appellee.

ORDER AFFIRMED

Division III

Opinion by JUDGE WEBB

Roy and Fox, JJ., concur


Court of Appeals No. 10CA1138

Weld County District Court No. 94DR229

Honorable Julie C. Hoskins, Judge

In re the Marriage of

David Q. Tognoni,

Appellant and Cross-Appellee,

and

Patricia A. Tognoni,

Appellee and Cross-Appellant.

JUDGMENT AFFIRMED IN PART, VACATED IN PART,

AND CASE REMANDED WITH DIRECTIONS

Division VI

Opinion by JUDGE HAWTHORNE

Lichtenstein and Booras, JJ., concur


Court of Appeals No. 10CA1719

Boulder County District Court No. 08CV1295

Honorable Thomas F. Mulvahill, Judge

Gregory T. Ludlow, S. Reid Ludlow, and Jean E. Cowles,

Plaintiffs-Appellants and Cross-Appellees,

v.

Lynda S. Gibbons; Brent Wilson; and Gibbons-White, Inc., a Colorado corporation,

Defendants-Appellees and Cross-Appellants.

JUDGMENT AND ORDERS AFFIRMED IN PART AND VACATED

IN PART, AND CASE REMANDED WITH DIRECTIONS

Division III

Opinion by JUDGE J. JONES

Roy, J., concurs

Loeb, J., concurs in part and dissents in part


Court of Appeals No. 10CA2327

City and County of Denver District Court No. 06CV3565

Honorable Robert S. Hyatt, Judge

Colorado Republican Party,

Petitioner-Appellant,

v.

Debbie Benefield, State Representative; Bernie Buescher, State Representative; Morgan Carroll, State Representative; Gwyn Green, State Representative; Mary Hodge, State Representative; Liane "Buffie" McFadyen, State Representative; Wes McKinley, State Representative; Michael Merrifield, State Representative; James Riesberg, State Representative; and Judy Solano, State Representative,

Respondents-Appellees.

ORDER REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division VI

Opinion by JUDGE TERRY

Loeb and Richman, JJ., concur


Court of Appeals No. 10CA2462

Board of Assessment Appeals No. 52507

Fred D. Kidder, III; and Diann K. Kidder,

Petitioners-Appellees,

v.

Chaffee County Board of Equalization,

Respondent-Appellant,

and

Board of Assessment Appeals,

Appellee.

ORDER REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division III

Opinion by JUDGE FOX

Roy and Webb, JJ., concur


UNPUBLISHED OPINIONS

Court of Appeals No. 06CA2326

Arapahoe County District Court No. 05CR3213

Honorable Marilyn Leonard Antrim, Judge

Honorable Christine Chauche, Judge

Honorable Kevin Sidel, Judge

Honorable Valeria N. Spencer, Judge

Honorable Vincent R. White, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Elon Edward Everett,

Defendant-Appellant.

JUDGMENT AND SENTENCES AFFIRMED IN PART AND VACATED

IN PART, ORDER VACATED, AND CASE REMANDED WITH DIRECTIONS

Division V

Opinion by JUDGE J. JONES

Carparelli and Furman, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 08CA0596

El Paso County District Court No. 06CR1308

Honorable Kirk S. Samelson, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Christopher William Allen,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division II

Opinion by JUDGE LICHTENSTEIN

Casebolt and Miller, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 08CA1347

Jefferson County District Court No. 07CR1211

Honorable R. Brooke Jackson, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Bryan John Shuford,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VII

Opinion by JUDGE HAWTHORNE

Russel and Bernard, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 08CA1585

Larimer County District Court No. 06CR1610

Honorable Terence A. Gilmore, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Narciso Mendoza-Lopez,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V

Opinion by JUDGE J. JONES

Carparelli and Furman, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 08CA1636

El Paso County District Court No. 06CR3648

Honorable Jann P. Dubois, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Nicholas Josph Long,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division IV

Opinion by JUDGE DAILEY

Graham and Gabriel, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 09CA1772

Jefferson County District Court No. 08CR2714

Honorable Philip J. McNulty, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Mamadou Cisse,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE LOEB

Terry and Richman, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 09CA2467

Fremont County District Court No. 93CR237

Honorable David M. Thorson, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ricky Allen Gustafson,

Defendant-Appellant.

ORDER AFFIRMED

Division VII

Opinion by JUDGE RUSSEL

Hawthorne and Bernard, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)



Court of Appeals No. 09CA2697

Arapahoe County District Court No. 99CR2849

Honorable Marilyn Leonard Antrim, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Stanley Helkey, Sr.,

Defendant-Appellant.

ORDER AFFIRMED

Division IV

Opinion by JUDGE GRAHAM

Gabriel and Márquez*, JJ., concur

NOT PUBLISHIED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA0018

Jefferson County District Court No. 08CR3383

Honorable R. Brooke Jackson, Judge

Honorable Lily W. Oeffler, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Sheila Schlesselman,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V

Opinion by JUDGE J. JONES

Carparelli and Furman, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA0071

El Paso County District Court No. 09CR72

Honorable Larry E. Schwartz, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jose Miguel Barco,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division IV

Opinion by JUDGE GABRIEL

Dailey and Graham, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA0118

Lincoln County District Court No. 07CR41

Honorable P. Douglas Tallman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Toby Moses Medina,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE TERRY

Loeb and Plank*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA0335

Lincoln County District Court No. 01CR17

Honorable P. Douglas Tallman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Donald Ray Sprouse, Jr.,

Defendant-Appellant.

ORDER AFFIRMED

Division VI

Opinion by JUDGE RICHMAN

Loeb and Terry, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No.10CA520

Denver County District Court No. 09CR869

Honorable Martin F. Egelhoff, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Pedro Martinez,

Defendant-Appellant.

ORDER AFFIRMED

Division II

Opinion by: JUDGE LICHTENSTEIN

Casebolt and Miller, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA0785

Adams County District Court No. 06CR2739

Honorable Mark D. Warner, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Nick Luis Villa,

Defendant-Appellant.

ORDER AFFIRMED

Division VII

Opinion by JUDGE RUSSEL

Hawthorne and Bernard, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA0904

Larimer County District Court No. 05CR1740

Honorable John David Williams, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Robert Michael Snyder,

Defendant-Appellant.

SENTENCE AFFIRMED

Division B

Hawthorne, Furman, and Bernard, JJ.

PER CURIAM

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA0967

Boulder County District Court No. 06DR522

Honorable Lael E. Montgomery, Judge

In re the Parental Responsibilities of L.O.B.-F., a Child,

and Concerning Aimee R. Banks,

Appellee,

and

Paul W. Frysig,

Appellant.

ORDER AFFIRMED

Division V

Opinion by JUDGE FURMAN

Carparelli, J., concurs

J. Jones, J., specially concurs

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA1142

Jefferson County District Court No. 04CR2568

Honorable Jane A. Tidball, Judge

Honorable Leland P. Anderson, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Andres Gonzales,

Defendant-Appellant.

ORDER AFFIRMED

Division VI

Opinion by JUDGE TERRY

Loeb and Richman, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA1162

City and County of Denver District Court No. 97CR3493

Honorable William D. Robbins, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Max Alonso Martinez, Jr.,

Defendant-Appellant.

ORDER AFFIRMED

Division III

Opinion by JUDGE FOX

Roy and Webb, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA1173

City and County of Denver District Court No. 06CR6038

Honorable Shelley I. Gilman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Richard Tell Wehrle,

Defendant-Appellant.

APPEAL DISMISSED

Division I

Opinion by JUDGE TAUBMAN

Terry and Miller, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA1348

City and County of Denver District Court No. 07CR279

Honorable John W. Madden, IV, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ivan Vallez,

Defendant-Appellant.

ORDER AFFIRMED

Division VI

Opinion by JUDGE RICHMAN

Loeb and Terry, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA1448

El Paso County District Court No. 98CR3738

Honorable J. Patrick Kelly, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Bedah D. Frey,

Defendant-Appellant.

ORDER AFFIRMED

Division VI

Opinion by JUDGE LOEB

Terry and Ney*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA1766

Boulder County District Court No. 00CV1598

Honorable Thomas F. Mulvahill, Judge

Barnwater Cats Rescue Organization, Inc.,

Plaintiff-Appellant,

and

David S. Carroll,

Attorney-Appellant,

v.

Stephen P. Gardea,

Defendant,

and Concerning Tonya Nita Heinzen,

Appellee.

ORDER AFFIRMED

Division IV

Opinion by JUDGE GABRIEL

Dailey and Graham, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA1796

City and County of Denver District Court No. 09CR4964

Honorable Anne M. Mansfield, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ahmed Abukar,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V

Opinion by JUDGE FURMAN

Carparelli and J. Jones, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA1816

Lincoln County District Court No. 10CV30

Honorable Stanley A. Brinkley, Judge

Thomas Tommy Valdez,

Plaintiff-Appellant,

v.

Tom Clements, Executive Director, Colorado Department of Corrections; and Angel Medina, Warden, Limon Correctional Facility,

Defendants-Appellees.

JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE RICHMAN

Loeb and Terry, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA1852

Weld County District Court No. 08DR3257

Honorable Elizabeth Strobel, Judge

In re the Marriage of

Charla M. Jerome,

Appellee,

and

Jeffrey Jerome,

Appellant.

JUDGMENT AFFIRMED IN PART AND REVERSED IN PART

Division VII

Opinion by JUDGE HAWTHORNE

Russel and Bernard, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA2009

El Paso County District Court No. 97CR3005

Honorable David L. Shakes, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Nicky Larone Smith,

Defendant-Appellant.

ORDER VACATED AND CASE

REMANDED WITH DIRECTIONS

Division B

Hawthorne, Furman, and Bernard, JJ.

PER CURIAM

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA2281

Colorado State Personnel Board No. 2010B067

Dale McCauley,

Petitioner-Appellant,

v.

Regents of the University of Colorado and University of Colorado Denver,

Respondents-Appellees,

and

State Personnel Board,

Appellee.

JUDGMENT AFFIRMED

Division V

Opinion by CHIEF JUDGE DAVIDSON

Plank* and Kapelke*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA2285

Colorado State Personnel Board No. 2010S002

Scott Horak,

Petitioner-Appellant,

v.

State Personnel Board,

Appellee,

and

Department of Natural Resources,

Respondent-Appellee.

ORDER AFFIRMED

Division VI

Opinion by JUDGE TERRY

Loeb and Richman, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA2346

City and County of Denver District Court No. 10CV5199

Honorable Catherine A. Lemon, Judge

Colorado Mining Association,

Plaintiff-Appellant,

v.

Governor John Hickenlooper in his capacity as Governor of the State of Colorado; Office of the Governor; Doug Dean in his capacity as Director of the Department of Regulatory Agencies for the State of Colorado; Colorado Department of Regulatory Agencies; the Colorado Public Utilities Commission; Ronald Binz in his capacity as Chairman of the PUC; Matthew Baker in his capacity as Commissioner of the PUC; James Tarpey in his capacity as Commissioner of the PUC; Martha Rudolph in her capacity as Executive Director of the Colorado Department of Public Health and Environment; Colorado Department of Public Health and Environment; Douglas Lempke in his capacity as Administrator of the Colorado Air Quality Control Commission; Mike King in his capacity as Executive Director of the Colorado Department of Natural Resources; James Martin in his capacity as former Executive Director of the Colorado Department of Natural Resources; Colorado Department of Natural Resources; Don Elliman in his capacity of Chief Executive Officer of the State of Colorado; Kelly Nordini in her capacity as former Deputy Chief of Staff to Governor Bill Ritter; and the State of Colorado,

Defendants-Appellees.

JUDGMENT AFFIRMED

Division IV

Opinion by JUDGE GABRIEL

Plank*, J., concurs

Graham, J., dissents

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA2406

City and County of Denver District Court No. 10CV6556

Honorable Robert S. Hyatt, Judge

Michael T. Chavez,

Petitioner-Appellant,

v.

City and County of Denver, State of Colorado,

Respondent-Appellee.

JUDGMENT AFFIRMED

Division IV

Opinion by JUDGE GABRIEL

Dailey and Graham, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA2575

Fremont County District Court No. 10CV46

Honorable David M. Thorson, Judge

Edwin Mark Ackerman,

Plaintiff-Appellant,

v.

Colorado Parole Board,

Defendant-Appellee.

ORDER AFFIRMED

Division VI

Opinion by JUDGE LOEB

Terry and Richman, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA2621

Adams County District Court No. 06DR929

Honorable C. Scott Crabtree, Judge

In re the Marriage of

Russell Moore,

Appellee,

and

Erin Moore,

Appellant.

ORDER AFFIRMED

Division VII

Opinion by JUDGE RUSSEL

Hawthorne and Bernard, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 11CA0049

City and County of Denver District Court No. 09CR2935

Honorable Robert L. McGahey, Jr., Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Sonya Baigildin,

Defendant-Appellant.

APPEAL DISMISSED

Division B

Taubman, Hawthorne and Furman, JJ.

PER CURIAM

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 11CA0083

El Paso County District Court No. 08CV2113

Honorable Kirk S. Samelson, Judge

Sequoia Investments, LLC and Kyle J. Geditz,

Plaintiffs-Appellants,

v.

Cheuk S. Kwan,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division IV

Opinion by JUDGE GRAHAM

Dailey and Gabriel, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 11CA0092

Adams County District Court No. 10DR592

Honorable C. Vincent Phelps, Judge

In re the Marriage of

Rodney Kent Lopez,

Appellee,

and

Jeanette Lyn Porter,

Appellant.

ORDERS AFFIRMED

Division VII

Opinion by JUDGE BERNARD

Russel and Hawthorne, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 11CA0100

Arapahoe County District Court No. 04CR329

Honorable John L. Wheeler, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Uriel Antonio Linares-Guzman,

Defendant-Appellant.

ORDER AFFIRMED

Division B

Hawthorne, Furman, and Bernard, JJ.

PER CURIAM

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 11CA0194

Industrial Claim Appeals Office of the State of Colorado

DD No. 33848-2010

Terron D. Hart,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Sunbelt Rentals, Inc.,

Respondents.

ORDER AFFIRMED

Division VI

Opinion by JUDGE LOEB

Terry and Ney*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 11CA0519

City and County of Denver Juvenile Court No. 08JV977

Honorable Karen M. Ashby, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of K.J.-C.P., Child,

and Concerning M.J.C.,

Respondent-Appellant.

APPEAL DISMISSED

Division V

Opinion by CHIEF JUDGE DAVIDSON

Plank* and Kapelke*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 11CA0560

Industrial Claim Appeals Office of the State of Colorado

DD No. 349262010

Debbie D. Klee

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Western Paper Distributors, Inc.,

Respondents.

ORDER AFFIRMED

Division II

Opinion by JUDGE CASEBOLT

Lichtenstein and Miller, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 11CA0927

Mesa County District Court No. 09JV299

Honorable Thomas M. Deister, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of A.A., and S.H., Children,

and Concerning A.H.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division IV

Opinion by JUDGE DAILEY

Graham and Gabriel, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 11CA0989

Industrial Claim Appeals Office of the State of Colorado

DD No. 5468-2011

Maria Maestas,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Discovery Outsourcing, LLC,

Respondents.

ORDER AFFIRMED

Division I

Opinion by JUDGE ROMÁN

Taubman and Booras, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 11CA1256

Industrial Claim Appeals Office of the State of Colorado

DD No. 3935-2011

Deborah A. Gann,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Bueno Enterprises, Inc.,

Respondents.

ORDER AFFIRMED

Division V

Opinion by JUDGE PLANK*

Davidson, C.J. and Kapelke*, J., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 11CA1413

Weld County District Court No. 09JV182

Honorable Marcelo A. Kopcow, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of F.E., E.E., M.E., A.Z., and I.F.Z.-E, Children,

and Concerning S.Z.,

Respondent-Appellant.

JUDGMENT AFFIRMED IN PART, VACATED IN PART,

AND CASE REMANDED WITH DIRECTIONS

Division IV

Opinion by JUDGE GABRIEL

Dailey and Graham, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 11CA1424

Industrial Claim Appeals Office of the State of Colorado

DD No. 31014-2010

Steven B. Thompson,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Linebarger, Goggan, Blair & Samson, LLP,

Respondents.

ORDER AFFIRMED

Division C

Bernard, Lichtenstein, and Booras, JJ.

PER CURIAM

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 11CA1492

Adams County District Court No. 10JV245

Honorable Jill-Ellyn Straus, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of M.J.L., a Child,

and Concerning K.L. and S.A.,

Respondents-Appellants.

JUDGMENT AFFIRMED

Division IV

Opinion by JUDGE GRAHAM

Dailey and Gabriel, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 11CA1578

Alamosa County District Court No. 10JV32

Honorable O. John Kuenhold, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of A.N. and A.N., Children,

and Concerning A.N.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division II

Opinion by JUDGE MILLER

Casebolt and Lichtenstein, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 11CA1593

Industrial Claim Appeals Office of the State of Colorado

DD No. 37315-2010

Brandee R. Martinez,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Denver Health & Hospital Authority,

Respondents.

ORDER AFFIRMED

Division C

Bernard, Lichtenstein, and Booras, JJ.

PER CURIAM

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 11CA1648

City and County of Denver Juvenile Court No. 10JV1249

Honorable Karen M. Ashby, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of C.L.W., Jr. and J.M.W., Children,

and Concerning N.R.W. a/k/a N.R.M.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division V

Opinion by JUDGE KAPELKE*

Davidson, C.J. and Plank*, J., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 11CA1814

Pueblo County District Court No. 11MH169

Honorable Dennis Maes, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of Rachel Beth Amendola,

Respondent-Appellant.

ORDER AFFIRMED

Division VII

Opinion by JUDGE RUSSEL

Hawthorne and Bernard, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 11CA1832

Industrial Claim Appeals Office of the State of Colorado

DD No. 16260-2011

John L. Prindle,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Swift Beef Company,

Respondents.

ORDER AFFIRMED

Division C

Bernard, Lichtenstein, and Booras, JJ.

PER CURIAM

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


MODIFIED OPINIONS

Court of Appeals No. 10CA2246

Douglas County District Court No. 05CR148

Honorable Paul A. King, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Fuad Hrnjic,

Defendant-Appellant.

ORDER AFFIRMED

Division VII

Opinion by JUDGE HAWTHORNE

Russel and Bernard, JJ., concur

Opinion Modified on the Court’s Own Motion

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


PETITIONS FOR REHEARING

Court of Appeals No. 08CA2156

The People of the State of Colorado,

Plaintiff-Appellee,

v.

James Len Harmon,

Defendant-Appellant.

Petition for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 09CA2453

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Karin Joy Atkinson,

Defendant-Appellant.

Petition for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 09CA2699

Oloyea D. Wallin,

Plaintiff-Appellant,

v.

Janene McCabe and Sean McDermott,

Defendants-Appellees.

Petition for Rehearing DENIED


Court of Appeals No. 10CA0629

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kevin Starkey,

Defendant-Appellant.

Petition for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA0707

Advantek Pro, Inc., a California corporation; and Westco International SRL, a company organized under the laws of Barbados, on behalf of themselves and all similarly situated persons and businesses,

Plaintiffs-Appellants and Cross-Appellees,

v.

ADT Security Services, Inc., a Delaware corporation,

Defendant-Appellee and Cross-Appellant.

Petition for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA1032

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Reyes Torres,

Defendant-Appellant.

Petition for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA1287

City and County of Denver District Court Nos. 97CR4237 & 02CR213

Honorable Shelley I. Gilman, Judge

Honorable Michael A. Martinez, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Christopher Carr,

Defendant-Appellant.

Petition for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA1324

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ivan Stamps,

Defendant-Appellant.

Petition for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals Nos. 10CA1493 & 10CA2253

Gary Bastian,

Plaintiff-Appellee and Cross-Appellant,

v.

EMJ Corporation,

Defendant-Appellant and Cross-Appellee.

Petition for Rehearing DENIED

Webb, J., would GRANT

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA1604

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Burton J. Calkins,

Defendant-Appellant.

Petition for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA1667

Above the Clouds Enterprises, Inc.,

Plaintiff-Appellee and Cross-Appellant,

v.

BJ’s Car Care Center, LLC,

Defendant-Appellant and Cross-Appellee.

Petition for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA1758

Christopher J. Manning,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Murray Motor Imports Co.,

Respondents.

Petition for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA1774

Mary S. Scott,

Plaintiff-Appellee,

v.

Chicago Title Insurance Company,

Defendant-Appellant.

Petition for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA2362

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Monique Rochelle Hernandez,

Defendant-Appellant.

Petition for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 11CA0211

Time Warner Cable and ESIS/ACE American Insurance,

Petitioners,

v.

Industrial Claim Appeals Office of the State of Colorado and Rosalyn Ellis,

Respondents.

Petition for Rehearing DENIED

Graham, J., would GRANT

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 11CA0259

Patrick Lyons,

Petitioner-Appellant,

v.

School District No. 1, and City and County of Denver, Colorado,

Respondent-Appellee.

Petition for Rehearing DENIED


Court of Appeals No. 11CA0595

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of E.M., Child.

and Concerning M.D.,

Respondent-Appellant.

Petition for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA0668

Vasilios Haralampopoulos, by his guardian John Haralampopoulos

Plaintiff-Appellant,

v.

Jason L. Kelly, M.D., and Mauricio L. Waintrub, M.D.,

Defendant-Appellees.

Petition for Rehearing DENIED

Webb, J., would GRANT


Court of Appeals Nos. 10CA0857 & 11CA0154

El Paso County District Court No. 08CV4457

Honorable Larry E. Schwartz, Judge

Centura Health; and Catholic Health Initiatives Colorado, d/b/a Penrose-St. Francis Health Services,

Plaintiffs-Appellees,

v.

The Files, LLC,

Defendant-Appellant.

JUDGMENT AFFIRMED IN PART AND VACATED IN PART,

ORDER AFFIRMED, AND CASE REMANDED WITH DIRECTIONS

Division III

Opinion by JUDGE J. JONES

Loeb, J., concurs

Roy, J., dissents

Opinion Modified and

Petition for Rehearing DENIED

Roy, J., would GRANT

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 11CA1064

Verna J. Hendrix,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Goodwill Industries of Denver,

Respondents.

Petition for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


* Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, § 5(3), and § 24-51-1105, C.R.S. 2011.

These opinions are not final. They may be modified, changed or withdrawn in accordance with Rules 40 and 49 of the Colorado Appellate Rules. Changes to or modifications of these opinions resulting from any action taken by the Court of Appeals or the Supreme Court are not incorporated here.

Colorado Court of Appeals Opinions || November 10, 2011

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