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Colorado Court of Appeals Opinions || August 1, 2013

Colorado Court of Appeals -- August 1, 2013
Announcement Sheet

PUBLISHED OPINIONS

Court of Appeals No.08CA2700

Arapahoe County District Court No. 07CR2515 Honorable Carlos A. Samour, Jr., Judge

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

v.

John Benjamin Reed,

Defendant-Appellant.

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

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


Court of Appeals No.11CA1875

Jefferson County District Court No. 03CR2486 Honorable Jack W. Berryhill, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jason D. Back,

Defendant-Appellant.

ORDER AFFIRMED

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


Court of Appeals No.12CA0549

City and County of Denver District Court No. 11CV5101 Honorable William D. Robbins, Judge

Marilyn Marks,

Plaintiff-Appellee and Cross-Appellant, v.

Scott Gessler, in his official capacity as Colorado Secretary of State; Colorado Department of State; and Judd Choate, in his official capacity as a person representing or acting on behalf of the Colorado Department of State,

Defendants-Appellants and Cross-Appellees.

JUDGMENT AFFIRMED

Division II
Opinion by JUDGE CASEBOLT
Sternberg* and Vogt*, JJ., concur


Court of Appeals No.12CA1023

City and County of Denver District Court No. 11CV6530 Honorable Edward D. Bronfin, Judge

Walker Stapleton, in his official capacity as Colorado State Treasurer and as a Trustee of the Public Employees Retirement Association,

Plaintiff-Appellant,

v.

Public Employees Retirement Association, Defendant-Appellee.

ORDER AFFIRMED

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


Court of Appeals No.12CA1509

Pueblo County District Court No. 10CV1049 Honorable Larry C. Schwartz, Judge

Maranda G. Mauro, a minor, by and through her father and next friend, Walter J. Mauro, Jr.; and Walter J. Mauro, Jr., individually,

Plaintiffs-Appellees,

v.

State Farm Mutual Automobile Insurance Company, an Illinois corporation, Appellant.

ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS

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


Court of Appeals No.12CA1632

La Plata County District Court No. 11CV460 Honorable Jeffrey R. Wilson, Judge

Durango & Silverton Narrow Gauge Railroad Company, a Colorado corporation, Plaintiff-Appellee,

v.

Timothy Wolf and Katherine Turner

Defendants-Appellants.

JUDGMENT AFFIRMED

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


Court of Appeals No.13CA0519

Garfield County District Court No. 11CV260 Honorable Denise K. Lynch, Judge

Mid Valley Real Estate Solutions V, LLC, a Colorado limited liability company, Plaintiff-Appellee,

v.

Hepworth-Pawlak Geotechnical, Inc., a Colorado corporation; Steve Pawlak; Daniel Hardin; and S K Peightal Engineers, Ltd., a Colorado corporation,

Defendants-Appellants.

ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

Division A
Opinion by JUDGE WEBB
Gabriel, J., concurs
J. Jones, J., specially concurs


UNPUBLISHED OPINIONS

Court of Appeals No. 09CA1583

Jefferson County District Court No. 08CR1242 Honorable Christopher J. Munch, Judge

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

v.

John Andrew Hancock,

Defendant-Appellant.

JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

Division V
Opinion by JUDGE MILLER
Furman, J., concurs
Graham, J., specially concurs

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



 

Court of Appeals No. 10CA0637

Weld County District Court No. 09CR441 Honorable Dinsmore Tuttle, Judge

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

v.

Mario Reyna-Abarca,

Defendant-Appellant.

JUDGMENT VACATED IN
PART AND AFFIRMED IN PART

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

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


Court of Appeals No. 10CA1434

Arapahoe County District Court Nos. 08CR2607, 09CR1271 & 09CR1703 Honorable Valeria N. Spencer, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Cleus Cletus Williams,

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. 10CA1677

Weld County District Court No. 09CR1771 Honorable Gilbert A. Gutierrez, Judge Honorable William L. West, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

James Hayes,

Defendant-Appellant.

CASE REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 10CA2051

Jefferson County District Court No. 09CR3413 Honorable Margie L. Enquist, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Rebecca Gomez,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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



 

Court of Appeals No. 10CA2550

Boulder County District Court No. 10CR332 Honorable Maria E. Berkenkotter, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

John Henry Red Cloud,

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. 11CA1189

Mesa County District Court No. 07CR1704 Honorable Valerie J. Robison, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Earl Dean Raff, Jr.,

Defendant-Appellant.

SENTENCE AFFIRMED

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

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


Court of Appeals No. 11CA2640

Arapahoe County District Court No. 10CR1557 Honorable Marilyn Leonard Antrim, Judge Honorable John L. Wheeler, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Martha Meza-Reyes,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 12CA0107

Jefferson County District Court Nos. 97CR1545 & 97CR1546 Honorable Tamara S. Russell, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Samuel Merced Quintana, Jr.,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 12CA0621

Arapahoe County District Court No. 10CV2174 Honorable J. Mark Hannen, Judge

Donald A. Jones and Kimarie M. Jones, Plaintiffs-Appellees and Cross-Appellants, v.

Air Ambulance Specialists, Inc., a Colorado corporation; and Emergency Medical Services Corporation, a Delaware corporation,

Defendants-Appellants and Cross-Appellees.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 12CA0757

City and County of Denver District Court No. 11CV3951 Honorable Norman D. Haglund, Judge

Todd Cox,

Plaintiff-Appellant,

v.

Michael Anthony DeSanctis, Defendant-Appellee.

JUDGMENT AFFIRMED
AND CROSS-APPEAL DISMISSED

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

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


Court of Appeals No. 12CA1052

El Paso County District Court No. 10CV4740 Honorable Barbara L. Hughes, Judge

Herbert L. Goldstein,

Plaintiff-Appellee and Cross-Appellant, v.

City of Colorado Springs,

Defendant-Appellant and Cross-Appellee.

JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 12CA1139

Kit Carson County District Court No. 11CV46 Honorable Douglas R. Vannoy, Judge

Wade Cole,

Plaintiff-Appellant, v.

Roger Werholtz, Interim Executive Director of the Colorado Department of Corrections and Dr. Anthony Young, Chair of the Colorado Board of Parole,

Defendants-Appellees.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 12CA1366

Colorado State Personnel Board No. 12G061

Larry Brown,

Plaintiff-Appellant,

v.

Colorado State University, Housing and Dining Services, Defendant-Appellee.

ORDER AFFIRMED

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

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


Court of Appeals No. 12CA1450

El Paso County District Court No. 03DR4303 Honorable William B. Bain, Judge

In re the Marriage of

Melek Alexander-Yates,

Appellee,

and

Clay Alexander,

Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 12CA1570

Boulder County District Court No. 04DR732 Honorable James C. Klein, Judge

In re the Marriage of

Steven Lee Jakobs,

Appellant,

and

Donnell Gwen Jakobs, n/k/a Donnell Gwen Miller, Appellee.

APPEAL DISMISSED

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

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


Court of Appeals No. 12CA1636

Boulder County District Court No. 09CV312 Honorable James C. Klein, Judge

Julie Wellinger, as Personal Representative of the Estate of Jeffrey L. Wellinger, deceased,

Plaintiff-Appellee,

v.

Laszlo Bagi, Wendy Bagi, and Bagi Mechanical, LLC, Defendants-Appellants.

ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS

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

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



Court of Appeals No. 12CA2652

Industrial Claim Appeals Office of the State of Colorado WC No. 4-836-203

Charles Ross, Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; Colorado Cab Company, d/b/a Yellow Cab of Denver; and Old Republic Insurance Company,

Respondents.

ORDER AFFIRMED

Division II
Opinion by JUDGE MÁRQUEZ
Loeb and Terry, JJ., concur

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


Court of Appeals No. 13CA0161

City and County of Denver District Court No. 12CA2945 Honorable Catherine A. Lemon, Judge

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

v.

Jose Martinez,

Defendant-Appellee.

ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 13CA0904

Pueblo County District Court No. 10MH254 Honorable William D. Alexander, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of Michael Shaun Anderson, Respondent-Appellant.

ORDER AFFIRMED

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

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


PETITIONS FOR REHEARING

Court of Appeals No. 10CA2140

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Gerald Ray MacFarlane,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals Nos. 12CA0954 & 12CA1611

Moye White LLP, a Colorado limited liability partnership, Plaintiff-Appellee,

v.

David I. Beren,

Defendant-Appellant.

Petition for Rehearing DENIED


Court of Appeals No. 12CA2092 Barbara Johnson,

Petitioner,

v.

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

Respondents.

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 || August 1, 2013

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