Search



Not a CBA Member? Join Now!
Find A Lawyer Directory
STRATUM
Find A Lawyer Directory
Know Your Judge


Colorado Court of Appeals Opinions || November 23, 2011

Colorado Court of Appeals -- November 23, 2011
Announcement Sheet

PUBLISHED OPINIONS

 

Court of Appeals No. 08CA1565

Arapahoe County District Court No. 01CR2497

Honorable Marilyn Leonard Antrim, Judge

The People of the State of Colorado,

Plaintiff-Appellant,

v.

Victor Mosley,

Defendant-Appellee.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division VI

Opinion by JUDGE RICHMAN

Loeb and Sternberg*, JJ., concur


Court of Appeals No. 10CA1980

El Paso County District Court No. 09JV101

Honorable David L. Shakes, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of C.L.S., a Child,

and Concerning T.V.,

Respondent-Appellant,

and T.R.S.,

Respondent-Appellee.

JUDGMENT AFFIRMED

Division III

Opinion by JUDGE BERNARD

Fox, J., concurs

Graham, J., dissents


Court of Appeals No. 10CA2039

City and County of Denver District Court No. 07CV1462

Honorable R. Michael Mullins, Judge

Honorable Norman D. Haglund, Judge

Bristol Bay Productions, LLC, f/k/a Crusader Entertainment, LLC,

Plaintiff-Appellant,

v.

Peter Lampack; Peter Lampack Agency, Inc.; Simon & Schuster, Inc.; and

Defendants-Appellees.

JUDGMENT AFFIRMED AND CASE

REMANDED WITH DIRECTIONS

Division IV

Opinion by JUDGE DAILEY

Graham and Kapelke*, JJ., concur


Court of Appeals No. 11CA0026

City and County of Denver District Court No. 09CV8778

Honorable Martin F. Egelhoff, Judge

Treece, Alfrey, Musat & Bosworth, PC,

Plaintiff-Appellee,

v.

Department of Finance, City and County of Denver, Colorado,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division II

Opinion by JUDGE CASEBOLT

Lichtenstein and Miller, JJ., concur


UNPUBLISHED OPINIONS

Court of Appeals No. 07CA1609

Douglas County District Court No. 05CR227

Honorable James F. Macrum, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jose Reyes Soriano,

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. 08CA1827

Fremont County District Court No. 07CR235

Honorable David M. Thorson, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael Sean Martinez,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division VII

Opinion by JUDGE RICHMAN

Gabriel, J., concurs

Furman, J., dissents

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


Court of Appeals No. 09CA0396

Boulder County District Court No. 07CR1621

Honorable Maria E. Berkenkotter, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Thomas Gene Blake,

Defendant-Appellant.

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. 09CA0640

City and County of Denver District Court No. 03CR4417

Honorable Robert S. Hyatt, Judge

Honorable Sheila A. Rappaport, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Marion Jetton,

Defendant-Appellant.

ORDER 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. 09CA1097

Summit County District Court No. 08CR232

Honorable Karen A. Romeo, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Elizabeth Tinoco-Tapia,

Defendant-Appellant.

JUDGMENT 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. 09CA1578

Weld County District Court No. 08CR1227

Honorable Marcelo A. Kopcow, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Larry Eugene Fuller,

Defendant-Appellant.

JUDGMENT AND SENTENCE 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. 09CA2700

Arapahoe County District Court No. 97CR847

Honorable Nancy A. Hopf, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Randall Midge Minor,

Defendant-Appellant.

ORDER 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. 09CA2769

Weld County District Court No. 09CR814

Honorable Marcelo A. Kopkow, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Valerie Lynn Ehrlick,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE

REMANDED WITH DIRECTIONS

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. 10CA0150

Arapahoe County District Court Nos. 06CR606 & 06CR1102

Honorable Valeria N. Spencer, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Doris Danko-Fix,

Defendant-Appellant.

Order Affirmed

Division III

Opinion by JUDGE ROY

Webb and Fox, JJ., concur

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


Court of Appeals No. 10CA0214

Douglas County District Court No. 08CV1010

Honorable Vincent R. White, Judge

Jerry Gnadt,

Plaintiff-Appellant and Cross-Appellee,

v.

Genesys Conferencing, Inc., a Delaware corporation,

Defendant-Appellee and Cross-Appellant.

JUDGMENT AFFIRMED IN PART, REVERSED IN PART,

ORDER AFFIRMED, AND CASE REMANDED WITH DIRECTIONS

Division VII

Opinion by JUDGE RUSSEL

Hawthorne and Bernard, JJ., concur

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


Court of Appeals No. 10CA0240

City and County of Denver District Court No. 09CR488

Honorable William D. Robbins, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Todd Black,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V

Opinion by JUDGE FURMAN

J. Jones and Kapelke*, JJ., concur

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


Court of Appeals No. 10CA0472

Weld County District Court No. 07CR743

Honorable Gilbert A. Gutierrez, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Carlos Colin,

Defendant-Appellant.

ORDER 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. 10CA0473

Weld County District Court No. 06CR1487

Honorable Gilbert A. Gutierrez, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Eziquio Deleon,

Defendant-Appellant.

ORDER AFFIRMED

Division A

Opinion by CHIEF JUDGE DAVIDSON

Sternberg* and Nieto*, JJ., concur

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


Court of Appeals No. 10CA0633

Jefferson County District Court No. 09CR1546

Honorable Dennis Hall, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Mihail Stefanov Petrov,

Defendant-Appellant.

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. 10CA0740

Adams County District Court No. 09CR1093

Honorable Mark D. Warner, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jesus Martinez-Bila,

Defendant-Appellant.

JUDGMENT 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. 10CA0814

Douglas County District Court No. 99DR185

Honorable Richard B. Caschette, Judge

In re the Marriage of

David R. Campbell,

Appellant,

and

Linda M. Campbell,

Appellee.

ORDERS AFFIRMED

Division VI

Opinion by JUDGE HAWTHORNE

Lichtenstein and Booras, JJ., concur

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


Court of Appeals No. 10CA0873

Crowley County District Court No. 02CV31

Honorable Michael Schiferl, Judge

Honorable M. Jon Kolomitz, Judge

Michael Milligan

Plaintiff-Appellant,

v.

Rod Cozzeto, Associate Warden, Arkansas Valley Correctional Facility; and Perfecto Hijar, Hearing Officer,

Defendants-Appellees.

JUDGMENT AFFIRMED

Division V

Opinion by JUDGE ROTHENBERG*

Carparelli and Márquez*, JJ., concur

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


Court of Appeals No. 10CA0883

Mesa County District Court No. 02CR812

Honorable Thomas M. Deister, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Thomas West,

Defendant-Appellant.

ORDER REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division II

Opinion by JUDGE PLANK*

Miller and Kapelke*, JJ., concur

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


Court of Appeals No. 10CA1043

Eagle County District Court No. 09CR334

Honorable R. Thomas Moorhead, Judge

Honorable Karen A. Romeo, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Juan Herrera-Lopez,

Defendant-Appellant.

ORDER AND SENTENCE 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. 10CA1079

El Paso County District Court No. 09CV264

Honorable G. David Miller, Judge

Phillip David Haskett,

Plaintiff-Appellant,

v.

Lisa Welch Stevens, Esq.; and Lisa Welch Stevens, Attorney at Law, P.C., a Colorado professional corporation,

Defendants-Appellees.

JUDGMENT AND ORDERS AFFIRMED AND CASE

REMANDED WITH DIRECTIONS

Division II

Opinion by JUDGE CASEBOLT

Lichtenstein and Miller, JJ., concur

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


Court of Appeals No. 10CA1189

Logan County District Court No. 94PR58

Honorable Michael K. Singer, Judge

In the Matter of the Estate of Gregory Alan Kloberdanz, an incapacitated person,

Louise E. Kloberdanz,

Appellant,

v.

Colleen Ann Carmichael and Frank Dale Carmichael,

Appellees.

ORDER Affirmed And CASE

Remanded with Directions

Division III

Opinion by JUDGE ROY

Webb and Fox, JJ., concur

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


Court of Appeals No. 10CA1768

City and County of Denver District Court No. 07CR359

Honorable Martin F. Egelhoff, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Javier Rodriguez-Onchondo,

Defendant-Appellant.

ORDER AFFIRMED

Division II

Opinion by JUDGE STERNBERG*

Casebolt and Miller, JJ., concur

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


Court of Appeals No. 10CA1810

Douglas County District Court No. 10CV420

Honorable Richard B. Caschette, Judge

Taylor Duane Brack,

Plaintiff-Appellant,

v.

Roxy Huber, Executive Director of the Department of Revenue, Motor Vehicle Division, State of Colorado,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division V

Opinion by JUDGE CARPARELLI

Furman and J. Jones, JJ., concur

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


Court of Appeals No. 10CA1936

Jefferson County District Court No. 05CR4256

Honorable Stephen M. Munsinger, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

William V. Bashaw,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division II

Opinion by JUDGE LICHTENSTEIN

Casebolt and Miller, JJ., concur

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


Court of Appeals No. 10CA2209

City and County of Denver District Court No. 10CV5498

Honorable Robert S. Hyatt, Judge

Ernest Brim, a/k/a Bernard Home,

Petitioner-Appellant,

v.

The People of the State of Colorado,

Respondent-Appellee.

Order Affirmed

Division III

Opinion by JUDGE ROY

Webb and Fox, JJ., concur

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


Court of Appeals No. 10CA2267

Colorado State Personnel Board No. 2010B015

John Redding,

Petitioner-Appellant,

v.

Department of Natural Resources,

Respondent-Appellee,

and

State Personnel Board,

Appellee.

ORDER AFFIRMED

Division A

Opinion by CHIEF JUDGE DAVIDSON

Sternberg* and Nieto*, JJ., concur

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


Court of Appeals No. 10CA2448

Logan County District Court No. 10CV149

Honorable Michael K. Singer, Judge

Thomas Dean Brown,

Plaintiff-Appellant,

v.

Executive Director of the Colorado Department of Corrections; and Warden, Sterling Correctional Facility,

Defendants-Appellees.

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. 10CA2641

El Paso County District Court No. 10CR72

Honorable Scott A. Sells, Judge

The People of the State of Colorado,

Plaintiff-Appellant,

v.

Jason Robert Lopez,

Defendant-Appellee.

ORDER AFFIRMED

Division V

Opinion by JUDGE RUSSEL

Carparelli and Román, JJ., concur

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


Court of Appeals No. 10CA2649

Jefferson County District Court No. 09CR67

Honorable R. Brooke Jackson, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael Gene Bruch,

Defendant-Appellant.

ORDER 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. 11CA0055

Colorado State Board of Nursing No. 2010-003342

Brenda J. Hart,

Petitioner-Appellant,

v.

Colorado State Board of Nursing,

Respondent-Appellee.

ORDER REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division IV

Opinion by JUDGE GRAHAM

Dailey and Gabriel, JJ., concur

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


Court of Appeals No. 11CA0075

Jefferson County District Court No. 09DR1505

Honorable Christie B. Phillips, Judge

In re the Marriage of

Michael A. Stonehouse,

Appellee,

and

Julie K. Preger,

Appellant.

ORDER 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. 11CA0313

Moffat County District Court No. 09CV42

Honorable Thomas W. Ossola, Judge

Dawn Trucking Company,

Plaintiff-Appellee,

v.

Gadeco, LLC, a Colorado limited liability company; Universal Drilling Company, Inc., a Colorado corporation; Jack Grynberg; Grynberg Petroleum Company; Grynberg Production Company; and Grynberg Production Corporation,

Defendants-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. 11CA0840

City and County of Denver Juvenile Court No. 09JV2041

Honorable Karen M. Ashby, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of Z.S.T.T., a Child,

and Concerning L.S., a/k/a F.L.S,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division A

Opinion by JUDGE STERNBERG*

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

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


Court of Appeals No. 11CA0856

El Paso County District Court No. 95CR385

Honorable David L. Shakes, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Russell Arlen Kueker,

Defendant-Appellant.

ORDER AFFIRMED

Division B

Hawthorne, Furman, and Bernard, J.J.

PER CURIAM

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


Court of Appeals No. 11CA0866

Industrial Claim Appeals Office of the State of Colorado

DD No. 1286-2011

Mass Service & Supply, LLC,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Donald C. Owens,

Respondents.

ORDER AFFIRMED

Division A

Opinion by JUDGE NIETO*

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

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


Court of Appeals No. 11CA1616

Industrial Claim Appeals Office of the State of Colorado

DD No. 8324-2011

Joseph A. Land,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Knowles Enterprises, LLC,

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. 11CA1725

Industrial Claim Appeals Office of the State of Colorado

DD No. 12121-2011

Rebecca A. Schaff,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Original Rocky Mountain Pizza, Inc.,

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. 11CA1898

Industrial Claim Appeals Office of the State of Colorado

DD No. 17208-2011

David E. Ott,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Gunbarrel Import Motors, Inc.,

Respondents.

ORDER AFFIRMED

Division C

Bernard, Lichtenstein, and Booras, JJ.

PER CURIAM

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


PETITIONS FOR REHEARING

 

Court of Appeals No. 08CA1765

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Sheila Ann Trapp,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 08CA2273

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ellen Juvera-Saiz,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 10CA1450

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Timothy Shiego Doi,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 10CA1739

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Oscar Porres,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 10CA2333

In re the Marriage of

Craig B. Webb,

Appellee,

and

Dana L. Christiansen,

Appellant.

Petition for Rehearing DENIED

Court of Appeals No. 11CA0387

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Dustin Delaciano Lopez,

Defendant-Appellant.

Opinion Modified and

Petition for Rehearing DENIED

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


Court of Appeals No. 11CA1053

Michael J. Bogal,

Petitioner,

v.

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

Respondents.

Petition for Rehearing DENIED

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


Court of Appeals No. 11CA1674

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of Steven Taylor,

Respondent-Appellant.

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 23, 2011

Back