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 || January 16, 2014

Colorado Court of Appeals -- January 16, 2014
Announcement Sheet

PUBLISHED OPINIONS

Court of Appeals No.12CA0988
Board of Assessment Appeals No. 57632

Village at Treehouse, Inc.,

Petitioner-Appellant,

v.

Property Tax Administrator,

Respondent-Appellee,

and

Board of Assessment Appeals,

Appellee.

ORDER AFFIRMED

Division II
Opinion by JUDGE TERRY
Casebolt and Vogt*, JJ., concur


Court of Appeals No.12CA2613
Chaffee County District Court No. 11CV132
Honorable Charles M. Barton, Judge

Joyce Reno, in her official capacity as Chaffee County Clerk and Recorder,

Petitioner-Appellee,

v.

Marilyn Marks,

Respondent-Appellant.

ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division IV
Opinion by JUDGE WEBB
Bernard, J., concurs
Dunn, J., dissents


 

UNPUBLISHED OPINIONS

Court of Appeals No. 07CA2022
Jefferson County District Court No. 06CR1451
Honorable Christopher J. Munch, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Marc Carleton Trevithick,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

Division VI
Opinion by JUDGE VOGT*
Hawthorne and Gabriel JJ., concur

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


Court of Appeals No. 09CA2625
Boulder County District Court No. 06CR1641
Honorable Maria E. Berkenkotter, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Stephen Douglas McCary, a/k/a Steven McCary,

Defendant-Appellant.

JUDGMENTS AND SENTENCES AFFIRMED

Division III
Opinion by JUDGE DAILEY
Terry and Miller, JJ., concur

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


Court of Appeals No. 10CA1267
Larimer County District Court No. 09CR1121
Honorable Devin R. Odell, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Joshua Aaron Lease,

Defendant-Appellant.

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

Division VII
Opinion by JUDGE FOX
J. Jones and Navarro, JJ., concur

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


Court of Appeals No. 10CA1835
Logan County District Court No. 09CR88
Honorable Douglas R. Vannoy, Judge

The People of the State of Colorado,

Plaintiff-Appellant and Cross-Appellee,

v.

David Trujillo,

Defendant-Appellee and Cross-Appellant.

RULING DISAPPROVED

AND JUDGMENT AFFIRMED
Division III
Opinion by JUDGE ROMÁN
J. Jones, J., concurs
Dailey, J., concurs in part and dissents in part

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


Court of Appeals No. 11CA0421
Arapahoe County District Court No. 09CR1577
Honorable Valeria N. Spencer, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Javay Anthony Lynch,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI
Opinion by JUDGE HAWTHORNE
Lichtenstein and Gabriel, JJ., concur

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


Court of Appeals No. 11CA1480
Park County District Court No. 01CR37
Honorable Kenneth M. Plotz, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Simon Ewing Sue,

Defendant-Appellant.

ORDER AFFIRMED

Division III
Opinion by JUDGE TERRY
Dailey and Miller, JJ., concur

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


Court of Appeals No. 12CA0040
Boulder County District Court No. 10DR1515
Honorable Peter W. Booth, Judge

In re the Marriage of

Erika Lynn James,

Appellee, and

John David James, Jr.,

Appellant.

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

Division VII
Opinion by JUDGE BOORAS
Fox and Márquez* JJ., concur

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


Court of Appeals No. 12CA0213
City and County of Denver District Court No. 08CR5835
Honorable Kenneth M. Laff, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Linda Torrez,

Defendant-Appellant.

ORDER AFFIRMED

Division VII
Opinion by JUDGE J. JONES
Fox and Navarro, JJ., concur

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


Court of Appeals No. 12CA0245
City and County of Broomfield District Court No. 10CR47
Honorable Thomas R. Ensor, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

John Eugene Lance,

Defendant-Appellant.

ORDER AFFIRMED

Division V
Opinion by JUDGE NAVARRO
J. Jones and Fox, JJ., concur

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


Court of Appeals No. 12CA1011
City and County of Denver District Court No. 01DR3816
Honorable William D. Robbins, Judge

In re the Marriage of

Donna Marie Burns, f/k/a Donna Sloan,

Appellant,

and

Joseph Leslie Sloan,

Appellee.

ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division VI
Opinion by JUDGE LICHTENSTEIN
Hawthorne and Gabriel, JJ., concur

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


Court of Appeals No. 12CA1066
Arapahoe County District Court No. 00CR1837
Honorable Elizabeth A. Weishaupl, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Brian A. Brockhausen,

Defendant-Appellant.

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

Division VI
Opinion by JUDGE LICHTENSTEIN
Hawthorne and Gabriel JJ., concur

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


Court of Appeals No. 12CA1191
El Paso County District Court No. 09CR4486
Honorable Barney Iuppa, Judge

The People of the State of Colorado,

Plaintiff- Appellant,

v.

Raymond Lyn Marshall,

Defendant-Appellee.

APPEAL DISMISSED

Division VII
Opinion by JUDGE BOORAS
Fox and Márquez*, JJ., concur

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


Court of Appeals No. 12CA1263
City and County of Denver Juvenile Court No. 10JD861
Honorable D. Brett Woods, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of J.A.B.,

Juvenile-Appellant.

JUDGMENT AFFIRMED

Division III
Opinion by JUDGE MILLER
Dailey and Terry, JJ., concur

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


Court of Appeals No. 12CA1367
Jefferson County District Court No. 10CR3356
Honorable Margie L. Enquist, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Sergio Valente-Romero,

Defendant,

and Concerning Emily Ann Pacheco,

Surety-Appellant.

ORDER AFFIRMED

Division VI
Opinion by JUDGE HAWTHORNE
Lichtenstein and Gabriel, JJ., concur

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


Court of Appeals No. 12CA1422
El Paso County District Court No. 11CR795
Honorable Gregory R. Werner, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Elizabeth Ann Long,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V
Opinion by CHIEF JUDGE LOEB
Sternberg* and Roy*, JJ., concur

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


Court of Appeals No. 12CA1647
Weld County District Court No. 10CR1773
Honorable Thomas J. Quammen, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Harry Egarton, Jr.,

Defendant-Appellant.

ORDER AFFIRMED

Division V
Opinion by CHIEF JUDGE LOEB
Sternberg* and Roy*, JJ., concur

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


Court of Appeals No. 12CA1725
Mesa County District Court No. 06CR96
Honorable Richard T. Gurley, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Rosten Lee Clark,

Defendant-Appellant.

ORDER AFFIRMED

Division VII
Opinion by JUDGE FOX
J. Jones and Navarro, JJ., concur

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


Court of Appeals No. 12CA1984
Arapahoe County District Court No. 05CR1909
Honorable Charles M. Pratt, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Christopher Joseph Taylor,

Defendant-Appellant.

ORDER AFFIRMED

Division VI
Opinion by JUDGE KAPELKE*
Furman and Gabriel, JJ., concur

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


Court of Appeals No. 12CA2273
Arapahoe County District Court No. 08CR1499
Honorable Gerald J. Rafferty, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Milton Arthur Townsend,

Defendant-Appellant.

ORDER AND SENTENCE AFFIRMED

Division VII
Opinion by JUDGE FOX
J. Jones and Navarro, JJ., concur

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


Court of Appeals No. 13CA0029
City and County of Denver District Court No. 10CV4193
Honorable Edward D. Bronfin, Judge

eVision Corporate Services, Inc., a Colorado corporation; eBanker USA.com, Inc., a Colorado corporation; and American Fronteer Financial Corporation, an administratively dissolved Colorado corporation,

Plaintiffs-Appellees,

v.

CitiMortgage, Inc.,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division VI

Opinion by JUDGE GABRIEL
Hawthorne and Lichtenstein, JJ., concur

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


Court of Appeals No. 13CA0131
Adams County District Court No. 12DR1872
Honorable Laurie A. Clark, Judge

In re the Marriage of

Paula Barela,

Appellant,

and

Peter Barela,

Appellee.

JUDGMENT AFFIRMED

Division III
Opinion by JUDGE DAILEY
Terry and Miller, JJ., concur

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


Court of Appeals No. 13CA0184
Weld County District Court No. 12JA10
Honorable Marcelo Kopcow, Judge

The re the Petition of A.F.,

Petitioner-Appellee,

For the Adoption of T.F.,

and Concerning F.F.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division III
Opinion by JUDGE STERNBERG*
Terry and Miller, JJ., concur

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


Court of Appeals No. 13CA0813
Weld County District Court No. 13DR410
Honorable Marcelo Kopcow, Judge

In re the Parental Responsibilities of A.C.M.B., Child,

and Concerning Angelica Gutierrez-Garcia,

Appellant,

and

Margarita Ramirez and Jesus Bencomo,

Appellees.

JUDGMENT AFFIRMED

Division VI
Opinion by JUDGE GABRIEL
Hawthorne and Lichtenstein, JJ., concur

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


Court of Appeals No. 13CA0921
Industrial Claim Appeals Office of the State of Colorado
DD No. 29271-2012

Western Colorado Specialty Pharmacy,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Lori N. Dix-Gunn,

Respondents.

ORDER AFFIRMED

Division IV
Opinion by JUDGE WEBB
Román and Booras, JJ., concur

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


Court of Appeals No. 13CA0951
Industrial Claim Appeals Office of the State of Colorado
DD No. 5238-2013

Sean M. Thomas,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Juss Racing and Entertainment Denver,

Respondents.

ORDER AFFIRMED

Division IV
Opinion by JUDGE ROMÁN
Webb and Booras, JJ., concur

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


Court of Appeals No. 13CA1022
Industrial Claim Appeals Office of the State of Colorado
DD No. 9627-2013

Lisa M. Hinton-Yadauga,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and MV Public Transportation Inc.,

Respondents.

ORDER AFFIRMED

Division II
Opinion by JUDGE RICHMAN
Casebolt and Ashby, JJ., concur

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


Court of Appeals No. 13CA1455
Industrial Claim Appeals Office of the State of Colorado
DD No. 11475-2013

David S. Lazarus,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Puckster, Inc., d/b/a Meineke Car Care Center,

Respondents.

ORDER AFFIRMED

Division II
Opinion by JUDGE ASHBY
Casebolt and Richman, JJ., concur

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


Court of Appeals No. 13CA1472
Industrial Claim Appeals Office of the State of Colorado
DD No. 757-2013

Heather A. Daniels,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Tallgrass Schools, Inc.,

Respondents.

ORDER SET ASIDE AND CASE
REMANDED WITH DIRECTIONS

Division IV
Opinion by JUDGE BOORAS
Webb and Román, JJ., concur

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


Court of Appeals No. 13CA1545
El Paso County District Court No. 11JV559
Honorable G. David Miller, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of L.C. Jr., a Child, and Concerning J.F. and L.C.,

Respondents-Appellants.

JUDGMENT AFFIRMED

Division I
Opinion by JUDGE DUNN
Taubman and Furman, JJ., concur

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



 

PETITIONS FOR REHEARING

Court of Appeals No. 09CA0949

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Dana H. Head,

Defendant-Appellant.

Opinion Modified and
Petition for Rehearing DENIED

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


Court of Appeals No. 11CA2166

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Louis Peoples Jr.,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 11CA2570

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Sergio Crandon Evelyn-Moe,

Defendant-Appellant.

Petition for Rehearing DENIED
Fox, J., would GRANT

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


Court of Appeals No. 12CA2446

Kathryn Koch,

Petitioner-Appellee,

v.

Marilyn Marks,

Respondent-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA2515

Cherry Creek Springs Homeowner’s Association, Inc.,

Plaintiff-Appellee,

v.

David A. Holly and Lori A. Holly,

Defendants-Appellants.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA2591

State Farm Fire and Casualty Company, Terry Johnson, and R. Edeltraud Johnson,

Petitioners,

v.

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

Respondents.

Petition for Rehearing DENIED

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


Court of Appeals No. 13CA0798

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of M.M.L.H.,

Child-Appellant,

and Concerning J.E.H. and M.R.G.,

Respondents-Appellants.

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. 2013.

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 || January 16, 2014

Back