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Colorado Court of Appeals Opinions || January 5, 2012

Colorado Court of Appeals -- January 5, 2012
Announcement Sheet

 PUBLISHED OPINIONS

Court of Appeals No. 07CA1955

City and County of Denver District Court Nos. 05CR1486, 05CR3846 & 06CR10189

Honorable Morris B. Hoffman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Rashaim Malique Davis,

Defendant-Appellant.

CASES REMANDED WITH DIRECTIONS

Division VII

Opinion by JUDGE BERNARD

Hawthorne, J., concurs

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


Court of Appeals No. 09CA1634

City and County of Denver District Court No. 07CR2041

Honorable Michael A. Martiniez, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Daniel Gabriel Morales,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE LOEB

Terry and Richman, JJ., concur


Court of Appeals No. 10CA2141

Adams County District Court No. 05CV962

Honorable Katherine R. Delgado, Judge

Michael A. Shirk and Joanna Shirk, individually and acting as parents and next friends of B.N.S., R.T.S., and B.K.S., minor children,

Plaintiffs-Appellees,

v.

Joan Forsmark, Cathy O’Donnell, and Angela Lytle, MSW,

Defendants-Appellants.

ORDERS AFFIRMED

Division III

Opinion by JUDGE WEBB

Roy and Fox, JJ., concur


Court of Appeals No. 10CA2533

Arapahoe County District Court No. 10CV1945

Honorable J. Mark Hannen, Judge

Scott Gessler, in his official capacity as Secretary of State for the State of Colorado,

Plaintiff-Appellee,

v.

Nancy Doty, in her official capacity as the Clerk and Recorder for Arapahoe County, and the Board of County Commissioners of the County of Arapahoe, State of Colorado,

Defendants-Appellants.

JUDGMENT AFFIRMED

Division I

Opinion by CHIEF JUDGE DAVIDSON

Plank* and Ney*, JJ., concur


Court of Appeals No. 11CA0439

Colorado State Board of Pharmacy No. PH20090014

Colorado State Board of Pharmacy,

Petitioner-Appellee,

v.

Loren M. Priem,

Respondent-Appellant.

ORDER AFFIRMED

Division VI

Opinion by JUDGE TERRY

Loeb and Richman, JJ., concur


Court of Appeals No. 11CA2467

Bent County District Court No. 11CV24

Honorable M. Jon Kolomitz, Judge

Farm Deals, LLLP, Farms of Hasty, LLLP, Kindone, LLLP, and Vanman, LLLP,

Plaintiffs-Petitioners,

v.

State of Colorado, Colorado Department of Revenue, and Executive Director for the Colorado Department of Revenue,

Defendants-Respondents.

MOTION DENIED AND PETITION DISMISSED

Division A

Opinion by JUDGE J. JONES

Webb and Gabriel, JJ., concur


UNPUBLISHED OPINIONS

Court of Appeals No. 09CA0057

City and County of Denver District Court No. 07CR4512

Honorable Catherine A. Lemon, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Andrew Lee Wilson,

Defendant-Appellant.

JUDGMENTS AND SENTENCES AFFIRMED

Division VI

Opinion by JUDGE LICHTENSTEIN

Hawthorne and Booras, JJ., concur

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


Court of Appeals No. 09CA1753

Custer County District Court No. 08CR33

Honorable Charles M. Barton, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael Joe Higdon,

Defendant-Appellant.

JUDGMENT AFFIRMED IN PART, VACATED IN PART,

AND CASE REMANDED WITH DIRECTIONS

Division VI

Opinion by JUDGE LICHTENSTEIN

Hawthorne and Booras, JJ., concur

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


Court of Appeals No. 10CA1235

Douglas County District Court No. 08CV732

Honorable Nancy A. Hopf, Judge

Honorable Richard B. Caschette, Judge

Providence Builders, LLC, a Colorado limited liability corporation,

Plaintiff-Appellant,

v.

PNC Mortgage, a division of PNC Bank, National Association, as successor in interest to National City Mortgage,

Defendant-Appellee,

and

990 Country Club Parkway, LLC, a Colorado limited liability corporation,

Appellee.

ORDER 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. 10CA1688

Weld County District Court No. 10CR214

Honorable Thomas J. Quammen, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Joe Angelo Alaniz,

Defendant-Appellant.

SENTENCE AFFIRMED

Division B

Taubman, Hawthorne and Furman, JJ.

PER CURIAM

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


Court of Appeals No. 10CA2517

El Paso County District Court No. 08CV1084

Honorable G. David Miller, Judge

Raymond E. Mora and Mary J. Mora,

Plaintiffs-Appellants,

v.

American Family Mutual Insurance Company,

Defendant-Appellee.

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. 11CA0207

Jefferson County District Court No. 07CV7961

Honorable Margie L. Enquist, Judge

Estate of Michael Cooksey,

Plaintiff-Appellant,

v.

Maria Lugo and Christopher A. Warner,

Defendants-Appellees.

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. 11CA0946

Jefferson County District Court No. 05CR701

Honorable Stephen M. Munsinger, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Richard Schmittel,

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. 11CA1233

Arapahoe County District Court No. 09JV1175

Honorable Timothy L. Fasing, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of K.H., a Child,

and Concerning S.H. and M.H.,

Respondents-Appellants.

JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE RICHMAN

Loeb and Terry, JJ., concur

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


PETITIONS FOR REHEARING

Court of Appeals No. 08CA1827

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael Sean Martinez,

Defendant-Appellant.

Petition for Rehearing DENIED

Furman, J. would GRANT

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

Announced November 23, 2011


Court of Appeals No. 09CA2539

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Raymond Enriquez, Jr.

Defendant-Appellant.

Opinion Modified and

Petition for Rehearing DENIED

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


Court of Appeals No. 09CA1042

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Cameron Edward Chapman,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 10CA0308

In re the Marriage of

Leigh Anne Obluda,

Appellee,

and

Bernard H. Obluda,

Appellant.

Opinion Modified and

Petition for Rehearing DENIED

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


Court of Appeals No. 10CA0514

Board of County Commissions of the County of Park; Upper South Platte Water Conservancy District; Center of Colorado Water Conservancy District; Centennial Water & Sanitation District; and City of Thornton,

Plaintiffs-Appellees,

v.

Park County Sportsmen’s Ranch, LLP, a Colorado limited liability partnership; JJWM, LLP, a Colorado limited liability partnership; WIN Company, a partnership; Maude Company, a partnership; James E. Medema; Melvin W. Medema; James L. Jehn; Audley Schaap; and City of Aurora,

Defendants-Appellants.

Petition for Rehearing DENIED


* 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 || January 5, 2012

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