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Colorado Court of Appeals Opinions || July 3, 2013

Colorado Court of Appeals -- July 3, 2013
Announcement Sheet

P U B L I S H E D O P I N I O N S

Court of Appeals No.10CA1481

Adams County District Court Nos. 08M5089 & 09M1123 Honorable Dianna L. Roybal, Judge

The People of the State of Colorado, Plaintiff-Appellee,

v.

Eli Manuel Vigil,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division VII
Opinion by JUDGE PLANK*


 

Court of Appeals Nos.12CA0156 & 12CA0157

City and County of Denver District Court No. 10CV2395 Honorable Michael A. Martinez, Judge

James C. Smith and Dona Laurita,

Plaintiffs-Appellees,

v.

Alan W. Kinningham and Accelerated Network Solutions, Inc., Defendants-Appellants.

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

Division V
Opinion by JUDGE TERRY
Carparelli and Román, JJ., concur


Court of Appeals No.12CA0786

Mesa County District Court No. 11CR115 Honorable Brian J. Flynn, Judge

The People of the State of Colorado, Plaintiff-Appellee,

v.

Gesere Q. Henry,

Defendant-Appellant.

SENTENCE REVERSED IN PART AND CASE
REMANDED WITH DIRECTIONS

Division II
Opinion by JUDGE LICHTENSTEIN
Casebolt and Dunn, JJ., concur


 


 

Court of Appeals No.12CA0816

El Paso County District Court No. 11CV989 Honorable Larry E. Schwartz, Judge

United States Taekwondo Committee, a Colorado nonprofit corporation; and U.S. Kukkiwon, Inc., a Colorado corporation,

Plaintiffs-Appellees,

v.

Kukkiwon, a Republic of Korea special corporation, Defendant-Appellant.

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

Division VII
Opinion by CHIEF JUDGE DAVIDSON
Roy* and Nieto*, JJ., concur


Court of Appeals No.12CA1251

City and County of Denver District Court No. 11CV2218 Honorable Ann B. Frick, Judge

William G. Strudley and Beth E. Strudley, individually and as the parents and natural guardians of William Strudley and Charles Strudley, both minors,

Plaintiffs-Appellants,

v.

Antero Resources Corporation, Antero Resources Piceance Corporation, Calfrac Well Services Corporation, and Frontier Drilling, LLC,

Defendants-Appellees.

ORDERS REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division I
Opinion by JUDGE TAUBMAN
Román and Kapelke*, JJ., concur



 

Court of Appeals No.12CA1412

Garfield County District Court No. 11JV16 Honorable Jonathan B. Pototsky, Judge

In re the Parental Responsibilities of I.M., a Child, and Concerning R.A.M.,

Petitioner-Appellant,

and M.A.R.,

Respondent-Appellee.

ORDER AFFIRMED

Division III
Opinion by JUDGE PLANK*
Dailey and Gabriel, JJ., concur


Court of Appeals No.12CA1674

El Paso County District Court No. 11DR3106

Honorable Barney Iuppa, Judge Honorable M. Flynn Feeney, Magistrate

In re the Parental Responsibilities of L.K.Y. and J.R.Y., Children, and Concerning Karen Elizabeth Peabody,

Appellant,

and Angela Francis Young, n/k/a Evan Young,

Appellee.

ORDER AFFIRMED

Division A
Opinion by JUDGE NEY*
Davidson, C.J., concurs
Rothenberg*, J., specially concurs



 

Court of Appeals No.12CA2190

Industrial Claim Appeals Office of the State of Colorado WC No. 4-868-029

Town of Castle Rock and CIRSA,

Petitioners,

v.

Industrial Claim Appeals Office of the State of Colorado and Mike Zukowski, Respondents.

ORDER SET ASIDE AND CASE
REMANDED WITH DIRECTIONS

Division V
Opinion by JUDGE GRAHAM
Furman and Miller, JJ., concur



 

U N P U B L I S H E D O P I N I O N S

Court of Appeals No. 09CA2078

City and County of Denver District Court No. 08CR4421 Honorable William D. Robbins, Jr., Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Brett L. Candelaria,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V
Opinion by JUDGE GRAHAM
Furman and Miller, JJ., concur

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


Court of Appeals No. 09CA2724

Arapahoe County District Court No. 07CR2976 Honorable Jack L. Smith, Judge

The People of the State of Colorado, Plaintiff-Appellee and Cross-Appellant, v.

Kimberly Ann Parker,

Defendant-Appellant and Cross-Appellee.

JUDGMENT AFFIRMED, SENTENCE VACATED,
AND CASE REMANDED WITH DIRECTIONS

Division V
Opinion by JUDGE FURMAN
Graham and Miller, JJ., concur

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


Court of Appeals No. 10CA0030

El Paso County District Court Nos. 08CR3130 & 08CR3578 Honorable Thomas L. Kennedy, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jomar Dioniso Falu-Vives,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI
Opinion by JUDGE J. JONES
Carparelli and Booras, JJ., concur

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


Court of Appeals No. 10CA0522

Montezuma County District Court No. 08JV28 Honorable Sharon L. Hansen, Judge

The People of the State of Colorado, Petitioner-Appellee and Cross-Appellant,

In the Interest of A.M., a Child, and Concerning A.C. and N.M., Respondents-Appellants and Cross-Appellees,

and L.H. and R.H.,

Intervenors.

JUDGMENT AFFIRMED

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

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



 

Court of Appeals No. 10CA0684

City and County of Denver District Court No. 09CR2249 Honorable Brian R. Whitney, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Larry Renel Bluitt,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 10CA1841

City and County of Denver District Court No. 08CR35 Honorable Martin F. Egelhoff, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

David Michael Dixon,
Defendant-Appellant.

JUDGMENT REVERSED, SENTENCE VACATED,
ORDER VACATED, AND CASE REMANDED WITH DIRECTIONS

Division VII
Opinion by JUDGE TERRY
Loeb and Plank*, JJ., concur

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



 

Court of Appeals No. 10CA2360

Weld County District Court No. 09CR2258 Honorable Marcelo A. Kopcow, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kevin David Peart,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division IV
Opinion by JUDGE HAWTHORNE
Webb and Richman, JJ., concur

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


Court of Appeals No. 10CA2361

Jefferson County District Court No. 09CR420 Honorable Randall C. Arp, Judge

Honorable Jack W. Berryhill, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Mackenzie Cory Calhoun,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division IV
Opinion by JUDGE RICHMAN
Webb and Hawthorne, JJ., concur

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


Court of Appeals No. 11CA0013

Arapahoe County District Court No. 09CR2934 Honorable Elizabeth A. Weishaupl, Judge

The People of the State of Colorado, Plaintiff-Appellee,

v.

Ian Toye Colbert,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 11CA0171

El Paso County District Court No. 10CR840 Honorable Gregory R. Werner, Judge

The People of the State of Colorado, Plaintiff-Appellee,

v.

Jason Alen White,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division V
Opinion by JUDGE FURMAN
Graham and Miller, JJ., concur

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



 

Court of Appeals No. 11CA0365

El Paso County District Court No. 09CR2700 Honorable Barney Iuppa, Judge

The People of the State of Colorado, Plaintiff-Appellant,

v.

Daniel Christian August,

Defendant-Appellee.

ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 11CA0458

Jefferson County District Court Nos. 07CR2686, 07CR3264, 08CR543 & 08CR552

Honorable Tamara S. Russell, Judge

The People of the State of Colorado, Plaintiff-Appellee,

v.

Michael Joseph McKimmy,

Defendant-Appellant.

ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division II
Opinion by JUDGE DUNN
Casebolt and Lichtenstein, JJ., concur

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


Court of Appeals No. 11CA0858

City and County of Denver District Court No. 04CR4880 Honorable Martin F. Egelhoff, Judge

The People of the State of Colorado, Plaintiff-Appellee,

v.

Michael DiPentino,

Defendant-Appellant.

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

Division II
Opinion by JUDGE CASEBOLT
Lichtenstein and Dunn, JJ., concur

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


Court of Appeals No. 11CA1691

Adams County District Court No. 07CR2310 Honorable F. Michael Goodbee, Judge Honorable John E. Popovich, Jr., Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jordan Andrew Perea-Bueno,

Defendant-Appellant.

ORDER AFFIRMED

Division V
Opinion by JUDGE GRAHAM
Furman and Miller, JJ., concur

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



 

Court of Appeals No. 11CA1803

Weld County District Court No. 10CR1630 Honorable Timothy G. Kerns, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Tomas Hernandez-Medina,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division A
Opinion by CHIEF JUDGE DAVIDSON
Ney* and Vogt*, JJ., concur

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


Court of Appeals No. 12CA0565

Boulder County District Court No. 10CV1054 Honorable Ingrid S. Bakke, Judge

Cheryl Higham,

Plaintiff-Appellant,

v.

Eve Bluestein, M.D., D.D.S.,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division IV
Opinion by JUDGE WEBB
Richman, J., concurs
Rothenberg*, J., dissents

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



 

Court of Appeals No. 12CA0848

El Paso County District Court No. 11CR2541 Honorable Kirk S. Samelson, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Leonard Don Kleier,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

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

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


Court of Appeals No. 12CA0938

Boulder County District Court No. 11CR825 Honorable D.D. Mallard, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Orlando Bustamante-Bello,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V
Opinion by JUDGE FURMAN
Graham and Miller, JJ., concur

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



 

Court of Appeals No. 12CA1289

El Paso County District Court No. 03CR4906 Honorable Kirk S. Samelson, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jeffrey Frederick Kumpf,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 12CA1330

Office of Administrative Courts No. 2010-0026

Malik Hasan,

Petitioner-Appellee,

v.

Southern Colorado Tea Party,

Respondent-Appellant.

ORDER AFFIRMED

Division IV
Opinion by JUDGE WEBB
Hawthorne and Richman, JJ., concur

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



 

Court of Appeals No. 12CA1446

City and County of Denver District Court Nos. 10CV6311 & 11CV2102 Honorable R. Michael Mullins, Judge

A2Z Radon, LLC,

Plaintiff-Appellant,

v.

Colorado Department of Public Health & Environment and Chrystine Kelley, Defendants-Appellees.

JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

Division VI
Opinion by JUDGE J. JONES
Carparelli and Booras, JJ., concur

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


Court of Appeals No. 12CA1473

City and County of Denver District Court No. 11CV4159 Honorable Herbert L. Stern, III, Judge

Margaret Dina,

Plaintiff-Appellant,

v.

State Farm Mutual Automobile Insurance Company, an Illinois corporation, Defendant-Appellee.

JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

Division II
Opinion by JUDGE LICHTENSTEIN
Casebolt and Dunn, JJ., concur

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



 

Court of Appeals No. 12CA2525

Mesa County District Court No. 11JV251 Honorable Valerie J. Robison, Judge

The People of the State of Colorado, Petitioner-Appellee,

In the Interest of A.W. and G.E., Children, and Concerning R.W. and K.E.,

Respondents-Appellants.

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

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

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


P E T I T I O N S F O R R E H E A R I N G 

Court of Appeals No. 12CA0135

In re the Parental Responsibilities of C.G.-W., a Child, and Concerning Amelia Garcia,

Petitioner,

Pueblo County Department of Social Services Colorado Child Support Enforcement Agency,

Appellee,

and

Eugene Wideman, Jr.,

Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA0494 The People of the State of Colorado, Plaintiff-Appellee,

v.

Melvin J. Vierra,

Defendant-Appellant.

Petition for Rehearing DENIED
Taubman, J., would GRANT

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



 

Court of Appeals No. 12CA0768

The People of the State of Colorado,

Plaintiff-Appellant,

v.

Adam Ari Raszynski,

Defendant-Appellee.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA0872

Deutsche Bank Trust Company Americas, f/k/a Banker’s Trust Company, as trustee and custodian by Saxon Mortgage Services, Inc., f/k/a Meritech Mortgage Services, Inc., as its attorney-in-fact; and Saxon Mortgage, Inc.,

Appellees,

v.

Veronica E. Samora,

Appellant.

Petition for Rehearing DENIED



 

Court of Appeals No. 12CA1448

Cynthia M. Anderson,

Petitioner-Appellant,

v.

The People of the State of Colorado,

Respondent-Appellee.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA1806 The People of the State of Colorado, Plaintiff-Appellee,

v.

Melvin Everett Tipton,

Defendant-Appellant.

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 || July 3, 2013

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