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Colorado Court of Appeals Opinions || September 20, 2012

Colorado Court of Appeals -- September 20, 2012
Announcement Sheet

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UNPUBLISHED OPINIONS

Court of Appeals No. 09CA0879
Gilpin County District Court No. 07CR14
Honorable Frederic Barker Rodgers, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael Lee Kutz,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division II
Opinion by JUDGE BERNARD
Casebolt and Booras, JJ., concur

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


 

Court of Appeals No. 09CA2461
Boulder County District Court No. 08CR673
Honorable Ruthanne Polidori, Judge
Honorable James C. Klein, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

John Henry Richardson,

Defendant-Appellant.

JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

Division VII
Opinion by JUDGE ROMÁN
Hawthorne and Furman, JJ., concur

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


 

Court of Appeals No. 09CA2630
Morgan County District Court No. 08CR300
Honorable Kevin L. Hoyer, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

William Wayne Hailey,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division II
Opinion by JUDGE CASEBOLT
Bernard and Booras, JJ., concur

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


 

Court of Appeals No. 10CA0107
Douglas County District Court No. 07CR675
Honorable Paul A. King, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Carl Daniel Ruch,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division I
Opinion by JUDGE WEBB
Taubman and Loeb, JJ., concur

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


 

Court of Appeals No. 10CA1022
La Plata County District Court No. 09CV396
Honorable Jeffrey R. Wilson, Judge

Marvin E. Smith,

Plaintiff-Appellant,

v.

Patricia L. Waggerby,

Defendant-Appellee.

ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

Division VII
Opinion by JUDGE FURMAN
Hawthorne and Román, JJ., concur

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


 

Court of Appeals No. 10CA1479
City and County of Denver District Court No. 08CR6434
Honorable Kenneth M. Laff, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Eric Anthony Candelaria,

Defendant-Appellant.

JUDGMENTS 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. 10CA2241
Logan County District Court No. 09CR209
Honorable Douglas R. Vannoy, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Joseph David Gonzales,

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. 10CA2301
City and County of Denver District Court No. 10CR260
Honorable Kenneth M. Laff, Judge

The People of the State of Colorado,

Plaintiff- Appellee,

v.

Henry Chris Urrutia,

Defendant-Appellant.

JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

Division II
Opinion by JUDGE BOORAS
Casebolt, J., concurs
Bernard, J., specially concurs

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


 

Court of Appeals No. 11CA0718
Arapahoe County District Court No. 09CV791
Honorable Charles M. Pratt, Judge

Robert Kleeman,

Plaintiff-Appellant,

v.

Columbine Country Club and Nelson Scott,

Defendants-Appellees.

JUDGMENT 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. 11CA1144
Arapahoe County District Court No. 03CR3077
Honorable Vincent R. White, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ricco Arlando Dickens,

Defendant-Appellant.

ORDER AFFIRMED

Division VII
Opinion by JUDGE HAWTHORNE
Román and Furman, JJ., concur

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


 

Court of Appeals No. 11CA1158
City and County of Denver Probate Court No. 84PR121
Honorable C. Jean Stewart, Judge

In re the Estate of John Demots, Deceased.

Sharon R. Slater,

Appellant,

v.

John Demots Estate, through Daniel Fischer, Special Administrator,

Appellee.

ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

Division I
Opinion by JUDGE LOEB
Taubman and Webb, JJ., concur

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


 

Court of Appeals No. 11CA1396
Boulder County District Court No. 09DR1174
Honorable James C. Klein, Judge

In re the Marriage of

Ramona Angelica Quintana-Chandler,

Appellant,

and

James Mark Chandler,

Appellee.

APPEAL DISMISSED IN PART, ORDER REVERSED,
AND CASE REMANDED WITH DIRECTIONS

Division II
Opinion by JUDGE BOORAS
Casebolt and Bernard, JJ., concur

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


 

Court of Appeals No. 11CA1781
Larimer County District Court No. 04CR1048
Honorable Gregory M. Lammons, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Neil Francis Creeden,

Defendant-Appellant.

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

Division VII
Opinion by JUDGE HAWTHORNE
Román and Furman, JJ., concur

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


 

Court of Appeals No. 11CA1813
Weld County District Court No. 10CR1041
Honorable Thomas J. Quammen, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Elissa Frances Lopez,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VII
Opinion by JUDGE HAWTHORNE
Román and Furman, JJ., concur

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


 

Court of Appeals No. 11CA1831
Garfield County District Court No. 08CV159
Honorable Denise K. Lynch, Judge

Debra Costner,

Plaintiff-Appellant,

v.

Grand Junction Concrete Pipe Company and Todd Manzanares,

Defendants-Appellees.

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

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

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


 

Court of Appeals No. 11CA1952
Jefferson County District Court No. 11CV1708
Honorable Dennis Hall, Judge

Noel West Lane, III; and Rhonda L. Lane,

Plaintiffs-Appellants,

v.

Aurora Loan Services LLC, Holly L. Decker, Dale & Decker, LLC, and Margaret T. Chapman, Jefferson County Public Trustee,

Defendants-Appellees.

ORDERS AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

Division V
Opinion by JUDGE FOX
Carparelli and Miller, JJ., concur

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


 

Court of Appeals No. 11CA2022
Mesa County District Court No. 10CR1493
Honorable Brian J. Flynn, Judge

The People of the State of Colorado,

Plaintiff-Appellant,

v.

Mitchell S. Allen,

Defendant-Appellee.

RULING DISAPPROVED

Division V
Opinion by JUDGE MILLER
Carparelli and Fox, JJ., concur

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


 

Court of Appeals No. 11CA2075
City and County of Denver District Court No. 10CV8494
Honorable Michael A. Martinez, Judge

Lyn Kathlene,

Plaintiff-Appellant,

v.

State of Colorado, Colorado State University, Board of Governors of Colorado State University, President of Colorado State University, and Vice President of the Office of Engagement at Colorado State University,

Defendants-Appellees.

JUDGMENT AFFIRMED

Division V
Opinion by JUDGE CARPARELLI
Miller and Fox, JJ., concur

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


 

Court of Appeals No. 11CA2190
El Paso County District Court No. 09DR3746
Honorable Gilbert A. Martinez, Judge

In re the Marriage of

Anjmun Sharma,

Appellee,

and

Deepali Verma,

Appellant.

APPEAL DISMISSED

Division I
Opinion by JUDGE TAUBMAN
Webb and Loeb, JJ., concur

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


 

Court of Appeals No. 12CA0106
Mesa County District Court No. 09CR1534
Honorable Brian J. Flynn, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Sahr Mbawa,

Defendant-Appellant.

ORDER AFFIRMED

Division I
Opinion by JUDGE LOEB
Taubman and Webb, JJ., concur

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


 

Court of Appeals No. 12CA0185
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-837-077

City and County of Denver,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and James Napoli,

Respondents.

ORDER AFFIRMED

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

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


Court of Appeals No. 12CA0528
Montrose County District Court No. 11JV109
Honorable James W. Schum, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of A.E.W and A.C.M., Children,

and Concerning A.J.W., F.M.S., and A.L.R.,

Respondents-Appellants,

and

J.W. and M.W.,

Special Respondents-Cross-Appellants.

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

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

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


 

PETITIONS FOR REHEARING

Court of Appeals No. 07CA0895

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Sir Mario Owens,

Defendant-Appellant.

Opinion Modified and
Petition for Rehearing DENIED

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


 

Court of Appeals No. 11CA2173

Leon Moyer,

Plaintiff-Appellant,

v.

Alamosa County Events and Facilities Local Marketing District; Jeff Woodward, President; Terry Smith, Board Member; Tom Bobicki, Board Member; Danielle Vanveghten, Board Member; Fred Bunch, Board Member; Ignacio Martinez, Board Member; and David Broyles, Secretary-Treasurer,

Defendants-Appellees.

Petition for Rehearing DENIED

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


 

Court of Appeals No. 11CA2452

Archangel Diamond Corporation Liquidating Trust,

Plaintiff-Appellant,

v.

OAO Lukoil,

Defendant-Appellee,

and

DS Engineering,

Interested Party.

Opinion Modified and

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. 2012.

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 || September 20, 2012

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