Search



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


Colorado Court of Appeals Opinions || July 18, 2013

Colorado Court of Appeals -- July 18, 2013
Announcement Sheet

PUBLISHED OPINIONS

Court of Appeals No. 12CA0769
City and County of Denver District Court No. 10CV3320
Honorable Herbert L. Stern, III, Judge

Rodney Reid,

Plaintiff-Appellee,

v.

Daniel Berkowitz, d/b/a Shimon Builders,

Defendant-Appellant.

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

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


Court of Appeals Nos. 12CA1116 & 12CA1117
Pueblo County District Court No. 11CV174
Honorable Victor I. Reyes, Judge

Jeff Chostner, in his official capacity as District Attorney for the Tenth Judicial District, Colorado; Office of the District Attorney for the Tenth Judicial District, Colorado; and Rocky Mountain Environment and Labor Coalition,

Plaintiffs-Appellees,

v.

Colorado Water Quality Control Commission; Steven H. Gunderson, in his official capacity as the Director of the Colorado Water Quality Control Division of the Colorado Department of Public Health and Environment; and Colorado Springs Utilities,

Defendants-Appellants.

JUDGMENT REVERSED

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


Court of Appeals No. 12CA1261
Arapahoe County District Court No. 09CV823
Honorable Charles M. Pratt, Judge

Just In Case Business Lighthouse, LLC, a Colorado limited liability company,

Plaintiff-Appellee,

v.

Patrick Murray,

Defendant-Appellant.

JUDGMENT VACATED AND CASE
REMANDED WITH DIRECTIONS

Division IV
Opinion by JUDGE WEBB
Hawthorne, J., concurs
Richman, J., concurs in part and dissents in part


UNPUBLISHED OPINIONS

Court of Appeals No. 05CA0764
El Paso County District Court No. 96CR1193
Honorable David Alan Cole, Judge

Honorable Larry Edward Schwartz, Judge Honorable Donald Eugene Campbell, Judge Honorable John Joseph Althoff, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Sanford B. Schupper,

Defendant-Appellant.

JUDGMENTS AFFIRMED

Division III
Opinion by JUDGE DAILEY
Bernard and Gabriel, JJ., concur

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


Court of Appeals No. 09CA1367
City and County of Denver District Court No. 07CR6038
Honorable William W. Hood, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ponciano Verduzco-Cervantes,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 09CA2463
City and County of Denver District Court No. 09CR10123
Honorable Christina M. Habas, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Peter Edward Dunker,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

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

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


Court of Appeals No. 09CA2584
Jefferson County District Court No. 09CR506
Honorable Stephen M. Munsinger, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jonathan Scott Davis,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 11CA0791
City and County of Denver District Court No. 94CR1102
Honorable Shelley I. Gilman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kenneth G. Garcia,

Defendant-Appellant.

ORDER AFFIRMED

Division VII
Opinion by JUDGE BERNARD
J. Jones and Richman, JJ., concur

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


Court of Appeals No. 11CA1559
Arapahoe County District Court No. 03CR1166
Honorable Michael J. Spear, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Henry Nunez Newman,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 11CA2260
Larimer County District Court No. 10CR82
Honorable Stephen J. Schapanski, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jesus Jose Rodriguez,

Defendant-Appellant.

ORDER AFFIRMED

Division VII
Opinion by JUDGE NAVARRO
Loeb and Terry, JJ., concur

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


Court of Appeals No. 12CA0078
Adams County District Court No. 09CR2103
Honorable Patrick T. Murphy, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Nicholas Smiley,

Defendant-Appellant.

ORDER AFFIRMED IN PART
AND REVERSED IN PART

Division V
Opinion by JUDGE MILLER
Graham and Márquez*, JJ., concur

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


Court of Appeals No. 12CA0371
Larimer County District Court Nos. 10CR1456 & 11CR1499
Honorable Devin R. Odell, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Christopher Nathaniel Green,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 12CA0434
City and County of Denver District Court No. 99CR2157
Honorable Shelley I. Gilman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jason Fullum,

Defendant-Appellant.

ORDER AFFIRMED

Division V
Opinion by JUDGE STERNBERG*
Miller and Márquez*, JJ., concur

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


Court of Appeals No. 12CA0809
El Paso County District Court No. 02CR2606
Honorable Thomas L. Kennedy, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Derrick Turner,

Defendant-Appellant.

ORDER AFFIRMED

Division VII
Opinion by JUDGE LOEB
Terry and Navarro, JJ., concur

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


Court of Appeals No. 12CA0837
El Paso County District Court No. 11CV159
Honorable William G. Trujillo, Magistrate

John D. McSorley

Petitioner-Appellant,

v.

The People of the State of Colorado,

Respondent-Appellee,

and

Roger Werholtz, Executive Director, Colorado Department of Corrections, Appellee.

ORDER AFFIRMED

Division III
JUDGE BERNARD
Dailey and Gabriel, JJ., concur

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


Court of Appeals No. 12CA0852
City and County of Denver District Court No. 11CR872
Honorable Edward D. Bronfin, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Donnie Ray Cain,

Defendant-Appellant.

JUDGMENT AND SENTENCE 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. 12CA0910
City and County of Denver District Court No. 11CV3052
Honorable Michael A. Martinez, Judge

Corey T. Bunk,

Plaintiff-Appellant,

v.

BNSF Railway Company,

Defendant-Appellee.

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 Nos. 12CA0956 & 12CA0957
Yuma County District Court Nos. 00PR38 & 01PR46
Honorable Charles M. Hobbs, Judge

In re the Estate of Masyl L. Sheridan and Charlie D. Sheridan, deceased. Mary K. Engel,

Appellant,

v.

M. Sue Jarrett, individually and as Personal Representative of the Estate of Masyl L. Sheridan and Charlie D. Sheridan; and R. Dean Jarrett, Jr.,

Appellees.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 12CA1083
El Paso County District Court No. 12CV20
Honorable Gregory R. Werner, Judge

Michael Sean Edmond,

Plaintiff-Appellant,

v.

James Meyer LPC, Executive Director of the Bijou Treatment and Training Institute (BTTI); and Bijou Treatment and Training Institute,

Defendants-Appellees.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 12CA1185
Adams County District Court No. 06CR158
Honorable Harlan R. Bockman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jorge Alberto Parada Cazares,

Defendant-Appellant.

ORDER AFFIRMED

Division VI
Opinion by JUDGE BOORAS
Carparelli and J. Jones, JJ., concur

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


Court of Appeals No. 12CA1188
Arapahoe County District Court No. 09CR1275
Honorable Elizabeth A. Weishaupl, Judge Honorable Harlan R. Bockman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Anthony Nathaniel McDonald,

Defendant-Appellant.

ORDER 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. 12CA1208
Adams County District Court No. 03CR3439
Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Miguel Robles-Martinez,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 12CA1275
El Paso County District Court No. 11CV252
Honorable Ronald G. Crowder, Judge

Robert W. Baillie,

Plaintiff-Appellee,

v.

Roger Werholtz, in his official capacity as Interim Executive Director of the Colorado Department of Corrections,

Defendant-Appellant.

ORDER AFFIRMED IN PART AND VACATED IN PART

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

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


Court of Appeals No. 12CA1290
El Paso County District Court No. 11CR2000
Honorable Barney Iuppa, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Victoria Christina Murdock,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI
Opinion by JUDGE CARPARELLI
J. Jones and Booras, JJ., concur

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


Court of Appeals No. 12CA1518
Arapahoe County District Court No. 09CV2235
Honorable Charles M. Pratt, Judge

Danyell L. Ziegler, f/k/a Danyell L. Harvanek,

Plaintiff-Appellee,

v.

John A. Hatfield,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 12CA1533
Kit Carson County District Court Nos. 07CR66 & 07CR112
Honorable Kevin L. Hoyer, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Crystal Ann Purvine,

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. 12CA1626
Douglas County District Court No. 05CV1146
Honorable Paul A. King, Judge

Rocky Mountain Festivals, Inc., d/b/a Colorado Renaissance Festivals, Inc.,

Plaintiff-Appellant,

v.

Parsons Corporation and James M. Miller,

Defendants-Appellees.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 12CA1682
Jefferson County District Court No. 10DR3376
Honorable Jack W. Berryhill, Judge

In re the Marriage of

Christopher K. Watson

Appellee,

and

Brandy J. Watson,

Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 12CA1707
El Paso County District Court No. 99DR2559
Honorable Michael P. McHenry, Judge

In re the Marriage of

Barbara Munsil,

Appellee,

and

Wesley Munsil,

Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 12CA1793
Boulder County District Court No. 03DR1053
Honorable Patrick D. Butler, Judge

In re the Marriage of

Pamela Gibson, a/k/a Pamela Gibson Greene, Appellee,

and

Jerome E. Greene,

Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 12CA1900
Eagle County District Court No. 10CV335
Honorable R. Thomas Moorhead, Judge

Dolce e Dani Wine Imports LLC,

Plaintiff-Appellee,

v.

George Joseph Walters, individually; Janet Lea Walters, individually; Walter Enterprises LLC, and GJW Enterprises LLC,

Defendants-Appellants.

JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
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. 12CA2182
Industrial Claim Appeals Office of the State of Colorado DD No. 15528-2012

Karen J. Jones,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Reliapath, LLC, Respondents.

ORDER 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. 12CA2214
Mesa County District Court No. 12JA45
Honorable Richard T. Gurley, Judge

In re the Petition of S.W.S. and P.L.S.,

Petitioners-Appellees,

for the Adoption of B.H., Jr., a Child,

and Concerning B.H., Sr.,

Respondent-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 13CA0156
El Paso County District Court No. 2011JV1576
Honorable Thomas L. Kennedy, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of J.W., a Child,

and Concerning A.W. and D.W.,

Respondents-Appellants.

JUDGMENT AFFIRMED

Division VI
Opinion by JUDGE CARPARELLI
J. Jones and Booras, JJ., concur

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


Court of Appeals No. 13CA0307
Industrial Claim Appeals Office of the State of Colorado DD No. 8511-2012

Dennis N. Wade,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Merkl’s Automotive Inc.,

Respondents.

ORDER AFFIRMED

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

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


Court of Appeals No. 13CA0347
Industrial Claim Appeals Office of the State of Colorado DD No. 26735-2012

Clark S. Woodard,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Division of Unemployment Insurance,

Respondents.

ORDER AFFIRMED

Division IV
Opinion by JUDGE FOX
Taubman and Román, JJ., concur

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


Court of Appeals No. 13CA0383
Industrial Claim Appeals Office of the State of Colorado DD No. 25855-2012

Christina N. McSorley,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and New Dawn AL Operating Company, LLC 24,

Respondents.

ORDER AFFIRMED

Division III
Opinion by JUDGE DAILEY
Bernard and Gabriel, JJ., concur

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


Court of Appeals No. 13CA0437
Industrial Claim Appeals Office of the State of Colorado DD No. 28300-2012

Maya Lovato,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Dillon Companies, Inc.,

Respondents.

ORDER AFFIRMED

Division III
Opinion by JUDGE GABRIEL
Dailey and Bernard, JJ., concur

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


PETITIONS FOR REHEARING

Court of Appeals No. 10CA0034

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Bryan Orlando Parada,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 10CA2445

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Dennis Floyd Foster,

Defendant-Appellant.

Petition for Rehearing DENIED


Court of Appeals No. 11CA2338

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Roger Moore,

Defendant-Appellant.

Petition for Rehearing DENIED
Booras, J., would GRANT


*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 18, 2013

Back