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Colorado Court of Appeals Opinions || April 12, 2012

Colorado Court of Appeals -- April 12, 2012
Announcement Sheet

PUBLISHED OPINIONS

 

Court of Appeals No. 08CA0156 12 COA 56

City and County of Denver District Court No. 04CR4895Honorable Christina M. Habas, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Benjamin L. Davis,

Defendant-Appellant.

JUDGMENT AFFIRMED, SENTENCE AFFIRMED IN PART, AND
VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS

Division VII
Opinion by JUDGE MILLER
Román and Richman, JJ., concur


 

Court of Appeals No. 09CA0781 12 COA 57

Fremont County District Court No. 08CR37Honorable Julie G. Marshall, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Craig Arthur Douglas, Jr.,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED IN PART AND
VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS

Division VII
Opinion by JUDGE MILLER
Román and Richman, JJ., concur


 

Court of Appeals No. 09CA1890 12 COA 58

Otero County District Court No. 03CV18Honorable M. Jon Kolomitz, Judge

Pauline Reyher and Dr. Wallace Brucker, on behalf of themselves and all others similarly situated,

Plaintiffs-Appellants,

v.

State Farm Mutual Automobile Insurance Company, an Illinois corporation,

Defendant-Appellee.

ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division V
Opinion by JUDGE BOORAS
Carparelli and Vogt*, JJ., concur

 

Court of Appeals No. 10CA0993 12 COA 59

Weld County District Court No. 08CR1001Honorable Julie C. Hoskins, Judge

Honorable Dinsmore Tuttle, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Robert James Turecek, Jr.,

Defendant-Appellant.

ORDERS REVERSED

Division III
Opinion by JUDGE GABRIEL
Roy and Terry, JJ., concur


 

Court of Appeals No. 10CA1286 12 COA 60

Jefferson County District Court No. 08CR1407Honorable Christopher J. Munch, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Shawn Robert Adolf,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V
Opinion by JUDGE GRAHAM
Carparelli and Booras, JJ., concur


 

Court of Appeals No. 10CA1382 12 COA 61

City and County of Denver District Court No. 09CR3389Honorable Shelley I. Gilman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Daniel M. Chavez,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division A
Opinion by JUDGE TAUBMAN
Davidson, C.J., and Webb, J., concur


 

Court of Appeals No. 10CA2049 12 COA 62

Pueblo County District Court No. 09CR1401Honorable Victor I. Reyes, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jayson Michael Oslund,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V
Opinion by JUDGE CARPARELLI
Graham and Booras, JJ., concur


 

Court of Appeals No. 10CA2386 12 COA 63

Pueblo County District Court No. 06DR691Honorable David W. Crockenberg, Judge

In re the Parental Responsibilities Concerning B.R.D., a Child,

and Concerning Phillip K. Decker and Sherry M. Decker,

Petitioners-Appellees,

and

Adam Gordon,

Respondent-Appellant.

ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS

Division VII
Opinion by JUDGE BERNARD
Russel and Hawthorne, JJ., concur


 

Court of Appeals No. 11CA0941 12 COA 64

Grand County District Court No. 10JD26 Honorable Mary C. Hoak, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of M.C.,

Juvenile-Appellant.

JUDGMENT AFFIRMED

Division IV
Opinion by JUDGE WEBB
Russel, J., concurs
Furman, J., dissents


 

Court of Appeals No. 11CA1046 12 COA 65

Summit County District Court No. 09CV148Honorable Karen Ann Romeo, Judge

TCD, Inc.,

Plaintiff-Appellant,

v.

American Family Mutual Insurance Company,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division VII
Opinion by JUDGE RICHMAN
Román and Miller, JJ., concur


 

Court of Appeals No. 11CA1243 & 11CA1250 12 COA 66

Morgan County District Court No. 10CV81Honorable Douglas R. Vannoy, Judge

Great Plains National Bank, N.A.,

Plaintiff-Appellee,

v.

Jamie Mount, a/k/a Jack Mount, and Cattle Consultants, LLC,

Defendants-Appellants.

JUDGMENT AFFIRMED

Division VI
Opinion by JUDGE LICHTENSTEIN
Loeb and Bernard, JJ., concur


UNPUBLISHED OPINIONS

Court of Appeals No. 08CA1937
Weld County District Court No. 00CR64
Honorable Gilbert A. Gutierrez, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

David Wayne Helton,

Defendant-Appellant.

ORDER AFFIRMED

Division I
Opinion by JUDGE FOX
Taubman and Dailey, JJ., concur

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


Court of Appeals No. 08CA2547
Jefferson County District Court No. 07CR998
Honorable Dennis J. Hall, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Aaron Michael Zamora,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division IV
Opinion by JUDGE WEBB
Russel and Furman, JJ., concur

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


Court of Appeals No. 09CA0305
Jefferson County District Court No. 07CR3195
Honorable Margie L. Enquist, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Robert Joe Christensen,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

Division IV
Opinion by JUDGE RUSSEL
Webb and Furman, JJ., concur

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


Court of Appeals No. 09CA2025
Pueblo County District Court Nos. 01CR1323 & 01CR1348
Honorable Thomas B. Flesher, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ricky Lientz,

Defendant-Appellant.

ORDER AFFIRMED, SENTENCES VACATED,
AND CASE REMANDED WITH DIRECTIONS

Division II
Opinion by JUDGE HAWTHORNE
Casebolt and J. Jones, JJ., concur

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


Court of Appeals No. 09CA2304
City and County of Denver District Court No. 07CR6091
Honorable William W. Hood, III, Judge
Honorable Shelly I. Gilman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

William Dion Webster,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division IV
Opinion by JUDGE RUSSEL
Webb and Furman, JJ., concur

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


Court of Appeals No. 09CA2692
Larimer County District Court No. 07CR1352
Honorable Terence A. Gilmore, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Steven William Cox,

Defendant-Appellant.

ORDER AFFIRMED

Division V
Opinion by JUDGE GRAHAM
Carparelli and Plank*, JJ., concur

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


Court of Appeals No. 10CA1163
Arapahoe County District Court No. 08CR463
Honorable Valeria N. Spencer, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Richard S. Jones,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VII
Opinion by JUDGE MILLER
Román and Richman, JJ., concur

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


Court of Appeals No. 10CA2167
Jefferson County District Court No. 09CV5389
Honorable Jack W. Berryhill, Judge

Dwight Ingram and Frederic Eagan,

Plaintiffs-Appellees,

v.

Edward Cudahy, a/k/a Edward I. Cudahy,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division VII
Opinion by JUDGE MILLER
Román and Richman, JJ., concur

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


Court of Appeals No. 10CA2298
City and County of Denver District Court Nos. 09CR4904 & 09CR4960
Honorable Deborah J. Grohs, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jeremy Verin Scales,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division II
Opinion by JUDGE CASEBOLT
Hawthorne and J. Jones, JJ., concur

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


Court of Appeals No. 10CA2455
City and County of Denver District Court No. 09CR125
Honorable William D. Robbins, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Peggy Renee Wheeler,

Defendant-Appellant.

SENTENCE AND ORDER AFFIRMED

Division IV
Opinion by JUDGE RUSSEL
Webb and Furman, JJ., concur

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


Court of Appeals No. 10CA2661
Arapahoe County District Court No. 09DR1753
Honorable J. Mark Hannen, Judge

In re the Marriage of

Debra L. Mann,

Appellant,

and

Leroy M Mann, Jr.,

Appellee.

JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

Division III
Opinion by JUDGE GABRIEL
Roy and Terry, JJ., concur

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


Court of Appeals No. 11CA0385
Jefferson County District Court No. 95CR1964
Honorable Christie B. Phillips, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Paul F. Balcom,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division B
Roy, Loeb, and Lichtenstein, JJ.
PER CURIAM

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


Court of Appeals No. 11CA0593
El Paso County District Court No. 09CV3390
Honorable Tim J. Schutz, Judge

John Morris,

Plaintiff-Appellant,

v.

Kevin Ryan; Circle East Manor Apartments, LLC; and Citadel Realty, Inc.,

Defendants-Appellees.

JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

Division V
Opinion by JUDGE CARPARELLI
Graham and Booras, JJ., concur

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


Court of Appeals No. 11CA0701
Weld County District Court No. 09CR1220
Honorable Thomas J. Quammen, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael Hernandez,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI
Opinion by JUDGE LOEB
Bernard and Lichtenstein, JJ., concur

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


Court of Appeals No. 11CA0720
City and County of Denver District Court No. 09CV5361
Honorable Morris B. Hoffman, Judge

James Krasniewicz, individually and as executor of the Estate of Kathleen Krasniewicz,

Plaintiff-Appellee,

v.

Sandra Jacobson; Nejmudean Abdusalam; and Freedom Cabs,

Defendants-Appellees,

and Concerning Town of Greenwich, Connecticut,

Appellant.

ORDER AFFIRMED

Division I
Opinion by JUDGE FOX
Taubman and Dailey, JJ., concur

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


Court of Appeals No. 11CA0889
Teller County District Court No. 09CV350
Honorable Edward S. Colt, Judge

Richard Fay and Marilyn Fay,

Plaintiffs-Appellants,

v.

City Council, City of Victor, Colorado; City of Victor, Colorado; Tami Mundy; Chris Mundy; and Christopher Lee Downs,

Defendants-Appellees.

JUDGMENT AFFIRMED

Division III
Opinion by JUDGE GABRIEL
Roy and Terry, JJ., concur

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


Court of Appeals No. 11CA0918
State Personnel Board No. 09G085

Noma Miller,

Petitioner-Appellee,

and

State Personnel Board,

Appellee,

v.

Department of Public Safety, Colorado State Patrol,

Respondent-Appellant.

ORDER REVERSED

Division V
Opinion by JUDGE GRAHAM
Booras, J., concurs
Carparelli, J., dissents

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


Court of Appeals No. 11CA0943
Jefferson County District Court No. 10CV4145
Honorable Jane A. Tidball, Judge

William Joseph Wegrich,

Plaintiff-Appellant,

v.

Colorado Department of Revenue, Division of Motor Vehicles, acting by and through its executive director, Roxie Huber,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division VI
Opinion by JUDGE LICHTENSTEIN
Loeb and Bernard, JJ., concur

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


Court of Appeals No. 11CA1017
El Paso County District Court No. 09CV7196
Honorable G. David Miller, Judge

Cascade Public Service Company, Inc., a Colorado corporation; and Cascade Metropolitan District No. 1, a Colorado special district and municipal corporation,

Plaintiffs-Appellees,

v.

City of Colorado Springs, a Colorado home-rule city and municipal corporation, and Colorado Springs Utilities, an enterprise of the City of Colorado Springs,

Defendants-Appellants.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division II
Opinion by JUDGE CASEBOLT
Hawthorne and J. Jones, JJ., concur

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


Court of Appeals No. 11CA1218
Larimer County District Court No. 11CV223
Honorable Dave Williams, Judge

Margaret L. McKenzie,

Plaintiff- Appellant,

v.

Thompson School District R2-J,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division VII
Opinion by JUDGE HAWTHORNE
Casebolt and J. Jones, JJ., concur

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


Court of Appeals No. 11CA1385
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-601-867

Susan Schramek,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado, Chico’s FAS, and Hartford Insurance Company,

Respondents.

ORDER AFFIRMED

Division II
Opinion by JUDGE J. JONES
Casebolt and Hawthorne, JJ., concur

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


Court of Appeals No. 11CA1494
Clear Creek County District Court No. 10CV136
Honorable Russell H. Granger, Judge

Louise Timmons,

Plaintiff-Appellant,

v.

Michael Shannon,

Defendant-Appellee.

JUDGMENT AFFIRMED AND APPEAL
DISMISSED IN PART

Division III
Opinion by JUDGE GABRIEL
Roy and Terry, JJ., concur

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


Court of Appeals No. 11CA1565
Pueblo County District Court No. 11CV437
Honorable Victor I. Reyes, Judge

Eric Flores,

Plaintiff-Appellant,

v.

Sierra Medical Center; United States Department of Health and Human Services; and United States Attorney General,

Defendants-Appellees.

JUDGMENT AFFIRMED

Division VI
Opinion by JUDGE LICHTENSTEIN
Loeb and Bernard, JJ., concur

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


Court of Appeals No. 11CA1566
Pueblo County District Court No. 11CV333
Honorable Larry C. Schwartz, Judge

Eric Flores,

Plaintiff-Appellant,

v.

Sierra Medical Center; United States Department of Health and Human Services; and United States Attorney General,

Defendants-Appellees.

JUDGMENT AFFIRMED

Division VI
Opinion by JUDGE LICHTENSTEIN
Loeb and Bernard, JJ., concur

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


Court of Appeals No. 11CA1604
Industrial Claim Appeals Office of the State of Colorado
DD No. 9150-2011

Joseph A. Anderson, M.D.,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Shelly L. Balistreri,

Respondents.

ORDER AFFIRMED

Division I
Opinion by CHIEF JUDGE DAVIDSON
Márquez* and Vogt*, JJ., concur

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


Court of Appeals No. 11CA1623
Weld County District Court No. 10CV822
Honorable Elizabeth B. Strobel Judge

Susie Cardenas,

Plaintiff-Appellant,

v.

Jennifer Kay Cardenas,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division I
Opinion by CHIEF JUDGE DAVIDSON
Márquez* and Vogt*, JJ., concur

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


Court of Appeals No. 11CA2127
City and County of Denver Juvenile Court No. 09JV2292
Honorable Karen M. Ashby, Judge
Honorable Kenneth M. Plotz, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of M.J.M. and I.W.M., Children,

and Concerning R.H.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division VI
Opinion by JUDGE LOEB
Bernard and Lichtenstein, JJ., concur

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


Court of Appeals No. 11CA2156
Industrial Claim Appeals Office of the State of Colorado
DD No. 16796-2011

Tin The Trinh,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and US Postal Service,

Respondents.

ORDER AFFIRMED

Division A
Taubman, Richman and Miller, JJ., concur
PER CURIAM

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


Court of Appeals No. 11CA2162
Arapahoe County District Court No. 95CR2509
Honorable Elizabeth B. Volz, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Larry Moore,

Defendant-Appellant.

ORDER AFFIRMED

Division B
Casebolt, Webb, and Miller, JJ.
PER CURIAM

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


Court of Appeals No. 11CA2291
Adams County District Court No. 10JV357
Honorable Mark D. Warner, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of K.A.R., a Child,

and Concerning V.W.,

Respondent-Appellant.

JUDGMENT VACATED AND CASE
REMANDED WITH DIRECTIONS

Division IV
Opinion by JUDGE WEBB
Russel and Furman, JJ., concur

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


Court of Appeals No. 11CA2335
Fremont County District Court No. 10JV96
Honorable David M. Thorson, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of C.M-R., a Child,

and Concerning B.R.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division I
Opinion by JUDGE VOGT*
Davidson, C.J. and Márquez*, J., concur

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


Court of Appeals No. 11CA2448
Adams County District Court No. 11JV13
Honorable Mark D. Warner, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of L.E., a Child,

and Concerning J.E.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division VII
Opinion by JUDGE ROMÁN
Richman and Miller, JJ., concur

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


PEITITIONS FOR REHEARING

Court of Appeals No. 09CA1635

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Isaiah Anthony Vialpando,

Defendant-Appellant.

Opinion Modified and
Petition for Rehearing DENIED

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


Court of Appeals No. 09CA2072

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Abrahan Heriberto Salazar,

Defendant-Appellant.

Opinion Modified and
Petition for Rehearing DENIED

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


Court of Appeals No. 10CA0883

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Thomas West,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 10CA2066

Carlos Bassatt,

Complainant-Appellee,

and

Colorado Civil Rights Commission,

Appellee,

v.

School District No. 1 in the City and County of Denver,

Respondent-Appellant.

Petition for Rehearing DENIED
Booras, J., would GRANT

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


Court of Appeals No. 10CA2193

Paul I. Pollard, Jr.,

Plaintiff-Appellant,

v.

Executive Director, Colorado Department of Corrections,

Defendant-Appellee.

Petition for Rehearing DENIED

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


Court of Appeals No. 10CA2249

El Paso County District Court No. 01CR946

Honorable Deborah J. Grohs, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

John P. Kalinowski,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 11CA0454

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Peter E. Gomez,

Defendant-Appellant.

Petition for Rehearing DENIED

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


MODIFIED OPINIONS

 

Court of Appeals No. 06CA2677 12 COA 67

The People of the State of Colorado,

 

Plaintiff-Appellee,

v.

Damon Devereaux Durapau,

Defendant-Appellant.

Opinion Modified
on the Court’s Own Motion


 

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

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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 || April 12, 2012

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