Search



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


Colorado Court of Appeals Opinions || August 30, 2012

Colorado Court of Appeals -- August 30, 2012
Announcement Sheet

 

 

PUBLISHED OPINIONS

Court of Appeals No. 08CA2433
Arapahoe County District Court No. 06CR3549
Honorable Michael J. Spear, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

John Andrew Doubleday,

Defendant-Appellant.

JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

Division II
Opinion by CHIEF JUDGE DAVIDSON
Ney* and Kapelke*, JJ., concur


Court of Appeals No. 11CA1006
City and County of Denver District Court No. 10DR3279
Honorable Ann B. Frick, Judge

In re the Parental Responsibilities of D.T., a Child,

and Concerning Crystal Lavattiata,

Appellant,

and

Christina Trujillo,

Appellee.

JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

Division II
Opinion by JUDGE GRAHAM
Sternberg* and Ney*, JJ., concur


Court of Appeals No. 11CA1351
Douglas County District Court No. 10CV3215
Honorable Vincent R. White, Judge

Andrew Hanson,

Petitioner-Appellant,

v.

Colorado Department of Revenue, Motor Vehicle Division,

Respondent-Appellee.

JUDGMENT AFFIRMED

Division VII
Opinion by JUDGE BOORAS
Terry, J., concurs
Fox, J., dissents


Court of Appeals No. 11CA1825
Logan County District Court No. 10CV61
Honorable Douglas R. Vannoy, Judge

John Stulp, Commissioner of Agriculture for the State of Colorado,

Plaintiff-Appellee,

v.

Dean Schuman and Schuman Cattle, LLC,

Defendants-Appellants.

JUDGMENT AFFIRMED

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


Court of Appeals No. 11CA1976
City and County of Denver District Court No. 10CV6341
Honorable William W. Hood, III, Judge

Progressive Casualty Insurance Company, an Ohio corporation,

Plaintiff-Appellee,

v.

S. Bryan Moore,

Defendant-Appellant.

JUDGMENT AFFIRMED

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


Court of Appeals No. 11CA1988
City and County of Denver District Court No. 10CV6500
Honorable Michael A. Martinez, Judge

Colorado Off-Highway Vehicle Coalition, a Colorado nonprofit corporation; Lyle Borders; Jennifer L. Dent; Western Slope ATV Association, a Colorado nonprofit corporation; Trails Preservation Alliance, a Colorado nonprofit corporation; Mile-Hi Jeep Club of Colorado, a Colorado not-for-profit corporation; Timberline Trailriders, Inc., a Colorado nonprofit corporation; Thunder Mountain Wheelers, a Colorado nonprofit corporation; Colorado Motorcycle Trail Riders Association, Inc., a Colorado nonprofit corporation; and San Juan Trail Riders, a Colorado nonprofit corporation,

Plaintiffs-Appellants,

v.

Colorado Board of Parks and Outdoor Recreation, n/k/a Colorado Parks and Wildlife Board,

Defendant-Appellee.

JUDGMENT AND ORDER AFFIRMED

Division V
Opinion by JUDGE STERNBERG*
Hawthorne and Kapelke*, JJ., concur


Court of Appeals No. 11CA2405
City and County of Denver District Court No. 11CV4164
Honorable A. Bruce Jones, Judge

Colorado Common Cause and Colorado Ethics Watch,

Plaintiffs-Appellees,

v.

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

Defendant-Appellant.

ORDER AFFIRMED

Division IV
Opinion by JUDGE LICHTENSTEIN
Webb and Plank*, JJ., concur


Court of Appeals No. 12CA0062
Industrial Claim Appeals Office of the State of Colorado
DD No. 17029-2011

Communications Workers of America 7717, n/k/a Communications Workers of America, Local 7750,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Thomas W. Costello,

Respondents.

ORDER AFFIRMED

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


UNPUBLISHED OPINIONS

Court of Appeals No. 08CA1732
Jefferson County District Court No. 07CR2067
Honorable Jane A. Tidball, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Anthony John Lowe,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI
Opinion by JUDGE ROMÁN
Bernard and Márquez*, JJ., concur

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


Court of Appeals No. 08CA2039
Mesa County District Court No. 07CR1198
Honorable Thomas M. Deister, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Brandon Scott Moore,

Defendant-Appellant.

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

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

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


Court of Appeals No. 08CA2394
Jefferson County District Court No. 06CR3900
Honorable Lily W. Oeffler, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Floyd Raymond Nuss,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI
Opinion by JUDGE ROMÁN
Bernard and Márquez*, JJ., concur

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


Court of Appeals No. 08CA2477
Jackson County District Court No. 07CR11
Honorable Richard P. Doucette, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kenneth Reid Meadows,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division II
Opinion by JUDGE CASEBOLT
Graham and Furman, JJ., concur

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


Court of Appeals No. 09CA0251
Adams County District Court No. 03CR3276
Honorable F. Michael Goodbee, Judge
Honorable Katherine R. Delgado, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Sigido Jai Sibayan,

Defendant-Appellant.

SENTENCE AFFIRMED

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

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


Court of Appeals No. 09CA0684
City and County of Denver District Court No. 07CR1602
Honorable Edward D. Bronfin, Judge
Honorable Brian R. Whitney, Judge
Honorable Robert S. Hyatt, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Gary James Revis,

Defendant-Appellant.

APPEAL DISMISSED

Division VI
Opinion by JUDGE ROMÁN
Bernard and Gabriel, JJ., concur

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


Court of Appeals No. 09CA0809
Jefferson County District Court No. 08CR1717
Honorable Jane A. Tidball, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Juan Aguilar-Martinez,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI
Opinion by JUDGE BERNARD
Román and Gabriel, JJ., concur

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


Court of Appeals No. 09CA1804
Jefferson County District Court No. 08CR2602
Honorable Tamara S. Russell, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Timothy Daniel Martinez,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division IV
Opinion by JUDGE WEBB
Carparelli and Lichtenstein, JJ., concur

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


Court of Appeals No. 09CA2358
City and County of Denver District Court No. 08CR10370
Honorable Sheila A. Rappaport, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Patrick Romero,

Defendant-Appellant.

SENTENCE AFFIRMED

Division A
Opinion by JUDGE WEBB
Román and Richman, JJ., concur

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


Court of Appeals No. 10CA1176
Arapahoe County District Court No. 06CR483
Honorable J. Mark Hannen, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kenneth Eugene Riles,

Defendant-Appellant.

ORDER AFFIRMED

Division IV
Opinion by JUDGE CARPARELLI
Webb and Lichtenstein, JJ., concur

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


Court of Appeals No. 10CA1298
Arapahoe County District Court No. 98CR2420
Honorable Marilyn L. Antrim, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Hugh Edward Walton,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 10CA1353
City and County of Denver District Court No. 08CR5518
Honorable Martin F. Egelhoff, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Quent Scaggs,

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. 10CA1974
Arapahoe County District Court No. 09CR897
Honorable Elizabeth A. Weishaupl, Judge

The People of the State of Colorado,

Plaintiff-Appellee and Cross-Appellant,

v.

Glenn Fisher,

Defendant-Appellant and Cross-Appellee.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division IV
Opinion by JUDGE LICHTENSTEIN
Webb and Carparelli, JJ., concur

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


Court of Appeals No. 11CA0042
Adams County District Court No. 09CV1225
Honorable Edward C. Moss, Judge
Honorable C. Scott Crabtree, Judge

Arielle Bonnell,

Plaintiff-Appellant and Cross-Appellee,

v.

Kristi L. Greenwood,

Defendant-Appellee and Cross-Appellant.

JUDGMENT AFFIRMED

Division IV
Opinion by JUDGE WEBB
Carparelli and Lichtenstein, JJ., concur

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


Court of Appeals No. 11CA0157
City and County of Denver District Court No. 08CV1512
Honorable John W. Madden, IV, Judge

Michael P. Marotta,

Plaintiff-Appellant,

v.

1200 Vine Condominium Owners’ Association, Inc.; Jeremy Jankovich; Alex Best; Theresa Rash; and Jasper Fortenberry,

Defendants-Appellees.

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

Division II
Opinion by JUDGE FURMAN
Casebolt and Graham, JJ., concur

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


Court of Appeals No. 11CA0448
Arapahoe County District Court No. 98DR3442
Honorable Michael J. Spear, Judge

In re the Marriage of

Victoria O’Brien, n/k/a Victoria Provenza,

Appellant,

and

James O’Brien,

Appellee.

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

Division VI
Opinion by JUDGE BERNARD
Román and Gabriel, JJ., concur

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


Court of Appeals No. 11CA0910
Adams County District Court No. 10CR680
Honorable John E. Popovich, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Zachary Lee Rexroat,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V
Opinion by JUDGE KAPELKE*
Loeb and Hawthorne, JJ., concur

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


Court of Appeals No. 11CA0915
Adams County District Court No. 09CV1520
Honorable C. Scott Crabtree, Judge
Honorable Katherine R. Delgado, Judge

Gray Fox Office-Warehouse Center Association, Inc., a Colorado nonprofit corporation and Gray Fox II Office-Warehouse Center Association, Inc., a Colorado nonprofit corporation,

Plaintiffs-Appellees,

v.

Gray Fox Investments, LLC, a Colorado limited liability company,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI
Opinion by JUDGE ROMÁN
Bernard and Gabriel, JJ., concur

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


Court of Appeals No. 11CA0923
Arapahoe County District Court No. 00CR1835
Honorable Carlos A. Samour, Jr., Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Carlton Cottman,

Defendant-Appellant.

ORDER AFFIRMED

Division II
Opinion by JUDGE FURMAN
Casebolt and Graham, JJ., concur

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


Court of Appeals No. 11CA1087
Pueblo County District Court Nos. 03CR1247 & 04CR1356
Honorable Jill S. Mattoon, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Larry C. Miller,

Defendant-Appellant.

ORDER AFFIRMED

Division III
Opinion by JUDGE ROY
Dailey and Richman, JJ., concur

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


Court of Appeals No. 11CA1199
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-718-516

Scott Balfour,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; Oakwood Homes Limited Liability Company; and Pinnacol Assurance,

Respondents.

ORDER AFFIRMED

Division VI
Opinion by JUDGE ROMÁN
Bernard and Gabriel, JJ., concur

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


Court of Appeals No. 11CA1264
City and County of Denver District Court No. 07CV11985
Honorable Robert L. McGahey, Jr., Judge
Honorable Brian Whitney, Judge

Amber Fitzpatrick,

Plaintiff-Appellant,

v.

Michael H. Handler, M.D.; and University Physicians, Inc.,

Defendants-Appellees.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 11CA1420
City and County of Denver District Court No. 93CR620
Honorable Martin F. Egelhoff, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Alexander Roses,

Defendant-Appellant.

ORDER AFFIRMED

Division II
Opinion by JUDGE FURMAN
Casebolt and Graham, JJ., concur

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


Court of Appeals No. 11CA1893
Arapahoe County District Court No. 07DR566
Honorable Robert H. Russell, II, Judge

In re the Marriage of

Paul Kaufhold,

Appellee,

and

Tanya Kaufhold, n/k/a Tanya Castle,

Appellant.

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

Division II
Opinion by JUDGE FURMAN
Casebolt and Graham, JJ., concur

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


Court of Appeals No. 11CA1975
Jefferson County District Court No. 10CV4724
Honorable Jane A. Tidball, Judge
Honorable R. Brooke Jackson, Judge

Edwin A. Wright,

Plaintiff-Appellant,

v.

James Alan Hull,

Defendant-Appellee.

JUDGMENT AND ORDERS AFFIRMED

Division II
Opinion by JUDGE GRAHAM
Casebolt and Furman, JJ., concur

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


Court of Appeals No. 11CA2086
Jefferson County District Court No. 06CR3103
Honorable Stephen M. Munsinger, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Philip A. Stalkup,

Defendant-Appellant.

ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 12CA0162
Arapahoe County District Court No. 11CV2070
Honorable Elizabeth A. Weishaupl, Judge

Carol Travers,

Plaintiff-Appellant,

v.

Lionshead Associates, Inc., d/b/a Val Pak of Denver,

Defendant-Appellee.

ORDER AFFIRMED

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

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


Court of Appeals No. 12CA0240
Industrial Claim Appeals Office of the State of Colorado
DD No. 26365-2011

Reggie R. Lenhart,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Sun City Trailers, LLC,

Respondents.

ORDER AFFIRMED

Division A
Opinion by JUDGE KAPELKE*
Davidson, C.J., and Plank*, J., concur

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


Court of Appeals No. 12CA1030
Industrial Claim Appeals Office of the State of Colorado
DD No. 4820-2012

Jacob L. John,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Whole Foods Market Southwest LP,

Respondents.

ORDER AFFIRMED

Division A
Opinion by JUDGE KAPELKE*
Davidson, C.J., and Ney*, J., concur

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


Court of Appeals No. 12CA1123
Pueblo County District Court No. 11MH277
Honorable Dennis Maes, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of Jesus Robert Bruce,

Respondent-Appellant.

ORDER AFFIRMED

Division IV
Opinion by JUDGE WEBB
Carparelli and Lichtenstein, JJ., concur

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


Court of Appeals No. 12CA1162
Pueblo County District Court No. 12MH142
Honorable Dennis Maes, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of Jeannie Austraw,

Respondent-Appellant.

ORDER AFFIRMED

Division II
Opinion by JUDGE GRAHAM
Casebolt and Furman, JJ., concur

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


PETITIONS FOR REHEARING

Court of Appeals No. 08CA2703

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kenneth Leroy Fawver,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 09CA1427

The People of the State of Colorado,

Plaintiff-Appellee,

v.

James Carter Priest, III,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 09CA2535

The People of the State of Colorado,

Plaintiff-Appellee,

v.

John T. Kerr,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 11CA1251

Adam Robert Vanderpool,

Plaintiff-Appellant,

v.

Jeremy Rhys Loftness,

Defendant-Appellee.

Opinion Modified and
Petition for Rehearing DENIED

Announced July 5, 2012


Court of Appeals No. 11CA1393

Equity Secured Funds, Inc.,

Plaintiff-Appellee,

v.

Edwin H. McKenna; Patricia McKenna; McKenna Family Trust; and Hilltop Partners, LLC, a Colorado limited liability company,

Defendants-Appellants.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA0046

Gary Allen Kemper,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; LPR Construction Company and Miller Safety; and Pinnacol Assurance,

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 || August 30, 2012

Back