Search



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


Colorado Court of Appeals Opinions || June 21, 2012

Colorado Court of Appeals -- June 21, 2012
Announcement Sheet

PUBLISHED OPINIONS

Court of Appeals No. 09CA1747
City and County of Denver District Court No. 08CR10323
Honorable Christina M. Habas, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Charles E. Dean,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED
AND CASE REMANDED WITH DIRECTIONS

Division V
Opinion by JUDGE LOEB
Hawthorne and Miller, JJ., concur


Court of Appeals No. 09CA2554  
Jefferson County District Court No. 09CV479
Honorable Jane A. Tidball, Judge

Steve Brown,

Plaintiff-Appellant,

v.

Jefferson County School District No. R-1,

Defendant-Appellee.

ORDER AFFIRMED

Division I
Opinion by JUDGE FOX
Dailey, J., concurs
Taubman, J., dissents


Court of Appeals No. 10CA0651
Adams County District Court No. 08CR3073
Honorable Mark D. Warner, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Randy Arzabala,

Defendant-Appellant.

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

Division V
Opinion by JUDGE LOEB
Hawthorne and Miller, JJ., concur


Court of Appeals No. 10CA1238
  El Paso County District Court No. 07CV18
Honorable David S. Prince, Judge

Robert D. Gandy,

Plaintiff-Appellant,

v.

Colorado Department of Corrections; and Executive Director of the Colorado Department of Corrections,

Defendants-Appellees.

ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS

Division A
Opinion by JUDGE CARPARELLI
Román and Plank*, JJ., concur


Court of Appeals No.   10CA2369
  El Paso County District Court No. 09CR736
Honorable Barney Iuppa, Judge

The People of the State of Colorado,

Plaintiff-Appellant,

v.

Aaron Montanez,

Defendant-Appellee.

ORDER AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS

Division I
Opinion by JUDGE DAILEY
Taubman and Fox, JJ., concur


Court of Appeals Nos. 11CA0123 & 11CA0864
El Paso County District Court No. 09CV6148
Honorable Scott A. Sells, Judge

Gene Melssen and Diane Melssen, d/b/a Melssen Construction,

Plaintiffs-Appellees,

v.

Auto-Owners Insurance Company, an insurance company licensed to conduct business in Colorado,

Defendant-Appellant.

JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

Division I
Opinion by JUDGE TAUBMAN
Dailey and Fox, JJ., concur


Court of Appeals No. 11CA0683
Arapahoe County District Court No. 09CV2597
Honorable Charles M. Pratt, Judge

Slater Numismatics, LLC, a Colorado limited liability company,

Plaintiff-Appellant,

v.

Driving Force, LLC, d/b/a ANACS, a Colorado limited liability company,

Defendant-Appellee.

JUDGMENT AND ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division III
Opinion by JUDGE TERRY
Roy and Gabriel, JJ., concur


Court of Appeals No. 11CA1312
Board of Assessment Appeals No. 56142

Ellen Libbey Andrew,

Petitioner-Appellant,

v.

Teller County Board of Equalization,

Respondent-Appellee,

and

Board of Assessment Appeals,

Appellee.

ORDER AFFIRMED

Division VI
Opinion by JUDGE BOORAS
Terry and Fox, JJ., concur


Court of Appeals No. 11CA1726
City and County of Denver District Court No. 10CV9053
Honorable R. Michael Mullins, Judge

Luke Schlapp, by and through his parents Todd Schlapp and Leah Schlapp,

Plaintiff-Appellant,

v.

Colorado Department of Health Care Policy and Financing, and Mesa Developmental Services,

Defendants-Appellees.

JUDGMENT AFFIRMED

Division I
Opinion by JUDGE J. JONES
Taubman and Russel, JJ., concur


UNPUBLISHED OPINIONS

Court of Appeals No. 09CA0354
Jefferson County District Court No. 08CR267
Honorable Jane A. Tidball, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Dean Carbajal,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V
Opinion by JUDGE MILLER
Loeb and Nieto*, JJ., concur

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


Court of Appeals No. 09CA0712
Mesa County District Court No. 98CR57
Honorable Thomas M. Deister, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Christopher Silva,

Defendant-Appellant.

ORDER AFFIRMED

Division III
Opinion by JUDGE FURMAN
Roy and Lichtenstein, JJ., concur

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


Court of Appeals No. 09CA1172
El Paso County District Court No. 95CR4541
Honorable Thomas K. Kane, Judge

The People of the State of Colorado,

Plaintiff-Appellant,

v.

Timothy John Kennedy,

Defendant-Appellee.

ORDER AFFIRMED

Division VII
Opinion by JUDGE FOX
Terry and Booras, JJ., concur

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


Court of Appeals No. 09CA1909
Jefferson County District Court No. 08CR3444
Honorable Margie L. Enquist, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kory C. Keracik-Clemonts,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V
Opinion by JUDGE MILLER
Loeb and Nieto*, JJ., concur

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


Court of Appeals No. 09CA1962
Fremont County District Court No. 09CR41
Honorable Julie G. Marshall, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Julio Leyva-Campos,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division III
Opinion by JUDGE DAILEY
Roy and Richman, JJ., concur

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


Court of Appeals No. 09CA2082
Morgan County District Court No. 08CR129
Honorable Michael K. Singer, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Robert Lee Roy Estes,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

Division V
Opinion by JUDGE LOEB
Miller and Nieto*, JJ., concur

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


Court of Appeals No. 09CA2403
Adams County District Court No. 08CR3344
Honorable Francis C. Wasserman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Todd Kevin Alvarez,

Defendant-Appellant.

ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division I
Opinion by JUDGE RUSSEL
Taubman and J. Jones, JJ., concur

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


Court of Appeals No. 09CA2477
Weld County District Court No. 07CR781
Honorable Marcelo A. Kopcow, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Randall Zandstra,

Defendant-Appellant.

SENTENCE AFFIRMED

Division I
Opinion by JUDGE TAUBMAN
Russel and J. Jones, JJ., concur

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


Court of Appeals No. 10CA0567
Arapahoe County District Court No. 06CR97
Honorable Marilyn Leonard Antrim, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Christopher James Henderson,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VII
Opinion by JUDGE FOX
Terry and Booras, JJ., concur

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


Court of Appeals No. 10CA0590
Jefferson County District Court No. 09CR710
Honorable Lily W. Oeffler, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jamaal D. Roberts,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division I
Opinion by JUDGE RUSSEL
Taubman and J. Jones, JJ., concur

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


Court of Appeals No. 10CA1107
El Paso County District Court No. 03CR1282
Honorable Robert L. Lowrey, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

James Bryant,

Defendant-Appellant.

ORDER AFFIRMED

Division I
Opinion by JUDGE TAUBMAN
Russel and J. Jones, JJ., concur

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


Court of Appeals No. 10CA2105
Douglas County District Court No. 10CR55
Honorable Paul A. King, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jose Quiroz-Montesdeoca,

Defendant-Appellant.

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

Division III
Opinion by JUDGE RICHMAN
Roy and Dailey, JJ., concur

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


Court of Appeals No. 11CA0147
Morgan County District Court No. 03CR283
Honorable Douglas R. Vannoy, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Sara Landeros-Ramos,

Defendant-Appellant.

ORDER AFFIRMED

Division VII
Opinion by JUDGE BOORAS
Terry and Fox, JJ., concur

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


Court of Appeals No. 11CA0400
Weld County District Court No. 10CR345
Honorable Thomas J. Quammen, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Trinidad Ramos,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division A
Opinion by CHIEF JUDGE DAVIDSON
Márquez* and Kapelke*, JJ., concur

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


Court of Appeals No. 11CA0499
City and County of Denver District Court No. 96CR1477
Honorable Shelley I. Gilman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Joseph A. Ellsworth,

Defendant-Appellant.

ORDER AFFIRMED

Division V
Opinion by JUDGE NIETO*
Loeb and Miller, JJ., concur

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


Court of Appeals No. 11CA0571
Arapahoe County District Court No. 09CR1085
Honorable Elizabeth Beebe Volz, Judge

The People of the State of Colorado,

Plaintiff-Appellant,

v.

Joshua David Nicoli,

Defendant-Appellee.

APPEAL DISMISSED

Division I
Opinion by JUDGE J. JONES
Taubman, J., concurs
Russel, J., dissents

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


Court of Appeals No. 11CA1079
El Paso County District Court No. 10CV116
Honorable David A. Gilbert, Judge

Joyce Schanel and Raymond J. Schanel,

Plaintiffs-Appellants,

v.

Ford Motor Company, a Delaware Corporation,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division VI
Opinion by JUDGE GABRIEL
Román and Plank*, JJ., concur

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


Court of Appeals No. 11CA1102
City and County of Denver Juvenile Court No. 09JV2301
Honorable Karen M. Ashby, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of M.H.A., a Child,

and Concerning S.L.B.,

Respondent-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. 11CA1253
City and County of Denver District Court No. 92CR2024
Honorable Warren O. Martin, Judge
Honorable Robert L. McGahey, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

William Crumpton,

Defendant-Appellant.

ORDERS AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS

Division III
Opinion by JUDGE RICHMAN
Roy and Plank*, JJ., concur

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


Court of Appeals No. 11CA1506
Arapahoe County District Court No. 07DR2316
Honorable Robert H. Russell, II, Judge
Honorable Kathleen M. Janski, Judge

In re the Marriage of

Richard R. Davis,

Appellant,

and

Jennifer Hunter,

Appellee.

ORDER AFFIRMED

Division III
Opinion by JUDGE DAILEY
Roy and Richman, JJ., concur

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


Court of Appeals No. 11CA1632
La Plata County District Court No. 09CV503
Honorable David L. Dickinson, Judge

Sunshine Gardens, LLC, a Colorado limited liability company,

Plaintiff-Appellant,

v.

Fredrick Zink & Associates, P.C., a Colorado professional corporation; and Sidny K. Zink,

Defendants-Appellees.

ORDER AFFIRMED

Division V
Opinion by JUDGE LOEB
Miller and Nieto*, JJ., concur

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


Court of Appeals No. 11CA1655
Montrose County District Court Nos. 06CV18, 06CV25 & 06CV126
Honorable James W. Schum, Judge

One Creative Place, LLC, a Colorado limited liability company,

Plaintiff-Appellant,

v.

Board of County Commissioners of the County of Montrose, Colorado,

Defendant-Appellee,

and Concerning Jet Center Partners, LLC,

Intervenor-Appellant.

ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

Division I
Opinion by JUDGE TAUBMAN
Russel and Márquez*, JJ., concur

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


Court of Appeals No. 11CA1880
Jefferson County District Court No. 09CV568
Honorable Lily W. Oeffler, Judge

Robert Goodnough and Linda Goodnough,

Plaintiffs,

v.

Brannan Sand and Gravel Company, a Colorado limited liability company,

Defendant-Appellee,

And Concerning Robert Abrams,

Attorney-Appellant.

ORDER AFFIRMED

Division VII
Opinion by JUDGE TERRY
Booras and Fox, JJ., concur

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


Court of Appeals No. 11CA1924
Weld County District Court No. 93CR859
Honorable Timothy G. Kerns, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Fernando B. Martinez,

Defendant-Appellant.

ORDER AFFIRMED

Division A
Opinion by CHIEF JUDGE DAVIDSON
Márquez* and Kapelke*, JJ., concur

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


Court of Appeals No. 11CA2562
Industrial Claim Appeals Office of the State of Colorado
DD No. 21702-2011

Mateo V. Rocha,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Global Hospitality, LLC,

Respondents.

ORDER AFFIRMED

Division A
Opinion by JUDGE MÁRQUEZ*
Davidson, C.J. and Kapelke*, J., concur

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


Court of Appeals No. 11CA2605
Industrial Claim Appeals Office of the State of Colorado
DD No. 18179-2011

Hydia M. Yokum-Casteel,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and the Colorado State Department of Transportation,

Respondents.

ORDER AFFIRMED

Division VII
Terry, Booras, and Fox, JJ.
PER CURIAM

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


Court of Appeals No. 12CA0435
Industrial Claim Appeals Office of the State of Colorado
DD No. 26373-2011

Winn Robin Waters,

Petitioner,

v.

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

Respondents.

ORDER AFFIRMED

Division VII
Opinion by JUDGE FOX
Terry and Booras, JJ., concur

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


Court of Appeals No. 12CA0472
El Paso County District Court No. 11JV5
Honorable G. David Miller, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of K.W-R., a Child,

and Concerning K.E., a/k/a K.F.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division VII
Opinion by JUDGE BOORAS
Terry and Fox, JJ., concur

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


PETITIONS FOR REHEARING

Court of Appeals No. 06CA2655
Jefferson County District Court No. 04CR3243
Honorable R. Brooke Jackson, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Keason Burell Cox,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 09CA0487
Fremont County District Court No. 01CR409
Honorable Julie G. Marshall, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Joel Matthew Stovall,

Defendant-Appellant.

Opinion Modified and
Petition for Rehearing DENIED


Court of Appeals No. 10CA0679
Weld County District Court No. 08CR2264
Honorable Thomas J. Quammen, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Luz Miguel Melendez,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 10CA2471

Norman E. Wiegand,

Plaintiff-Appellant,

v.

Executive Director, Colorado Department of Corrections,

Defendant-Appellee.

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 || June 21, 2012

Back