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 || May 8, 2014

Colorado Court of Appeals -- May 8, 2014
Announcement Sheet

PUBLISHED OPINIONS

Court of Appeals No.10CA0414
Lincoln County District Court No. 08CR31
Honorable P. Douglas Tallman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jordan Paul Stroud,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division I
Opinion by JUDGE TAUBMAN
Furman and Dunn, JJ., concur


Court of Appeals No.11CA1205
Adams County District Court No. 97CR3075
Honorable Chris Melonakis, Judge
Honorable Thomas R. Ensor, Judge
Honorable John T. Bryan, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

John Estle Curren,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division II
Opinion by JUDGE CASEBOLT
Richman and Ashby, JJ., concur


Court of Appeals No.12CA1133
Adams County District Court No. 11CR276
Honorable Steven E. Shinn, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jerry Lee Rhea,

Defendant-Appellant.

JUDGMENT AFFIRMED

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


Court of Appeals No.12CA2000
City and County of Denver District Court No. 10CV5449
Honorable Herbert L. Stern, III, Judge

Paul J. Zueger; American Design Limited, a Colorado corporation; Red Lodge Publishers, Inc., a Colorado corporation; and Singleton-Biss Museum of Fine Art, Inc., a New Mexico non-profit corporation,

Plaintiffs-Appellees and Cross-Appellants,

v.

Lou Lou Goss, individually and d/b/a The Estate of Earl V. Biss, Jr.,

Defendant-Appellant and Cross-Appellee.

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

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


Court of Appeals No.13CA0928
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-820-266

City and County of Denver,

Petitioner,

v.

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

Respondents.

ORDER AFFIRMED

Division V
Opinion by JUDGE GRAHAM
Bernard and Berger, JJ., concur


Court of Appeals No.13CA1514
Industrial Claim Appeals Office of the State of Colorado
DD No. 20689-2012

Visible Voices, Inc.,

Petitioner,

v.

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

Respondents.

ORDER AFFIRMED IN PART, SET ASIDE IN PART,
AND CASE REMANDED WITH DIRECTIONS

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


UNPUBLISHED OPINIONS

Court of Appeals No. 09CA0463
Arapahoe County District Court No. 06CR1450
Honorable Michael J. Spear, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Justin Hadley Austin,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division I
Opinion by JUDGE TAUBMAN
Nieto*, J., concurs
Dunn, J., dissents

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


Court of Appeals No. 09CA1844
Arapahoe County District Court No. 04CR2102
Honorable Nancy A. Hopf, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Edgardo Alvarez-Williams,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

Division II
Opinion by JUDGE CASEBOLT
Richman and Ashby, JJ., concur

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


Court of Appeals No. 11CA0669
Alamosa County District Court No. 09CR232
Honorable Martin A. Gonzales, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Justin Warren Dorrill,

Defendant-Appellant.

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

Division V
Opinion by JUDGE BERGER
Graham and Bernard, JJ., concur

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


Court of Appeals No. 11CA1229
Weld County District Court No. 10CR157
Honorable Todd L. Taylor, Judge

Honorable Thomas J. Quammen, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Tyrrell Kochenower,

Defendant-Appellant.

JUDGMENTS AFFIRMED

Division III
Opinion by JUDGE DAILEY
Terry, J., concurs
Miller, J., specially concurs

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


Court of Appeals No. 11CA1470
Huerfano County District Court No. 10CR28
Honorable Claude W. Appel, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Boyd Gross,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division I
Opinion by JUDGE NIETO*
Taubman and Dunn, JJ., concur

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


Court of Appeals No. 11CA2218
Larimer County District Court Nos. 09CR299 & 09CR1516
Honorable Thomas R. French, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Rigoberto Ruiz,

Defendant-Appellant.

SENTENCE REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division III
Opinion by JUDGE MILLER
Terry, J., concurs
Dailey, J., dissents

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


Court of Appeals No. 11CA2364
La Plata County District Court No. 10CR333
Honorable David L. Dickinson, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Johnathan Marc Carl,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V
Opinion by JUDGE GRAHAM
Fox and Dunn, JJ., concur

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


Court of Appeals No. 11CA2568
Montezuma County District Court No. 11CR46
Honorable Todd J. Plewe, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Bryan Tall Jim,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division IV
Opinion by JUDGE FOX
Graham and Dunn, JJ., concur

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


Court of Appeals No. 12CA0792
El Paso County District Court No. 10CR4456
Honorable Thomas K. Kane, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Robert Edward Tysor,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division II
Opinion by JUDGE CASEBOLT
Richman and Ashby, JJ., concur

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


Court of Appeals No. 12CA1134
Larimer County District Court No. 10CR539
Honorable Gregory M. Lammons, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

James Cash Myers,

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. 12CA1135
Pueblo County District Court No. 03CR112
Honorable Jill S. Mattoon, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Lacey Haines,

Defendant-Appellant.

SENTENCE AFFIRMED

Division V
Opinion by JUDGE GRAHAM
Bernard and Berger, JJ., concur

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


Court of Appeals No. 12CA1136
Weld County District Court No. 04CR406
Honorable Harlan R. Bockman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Thomas Michael Stewart,

Defendant-Appellant.

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. 12CA1387
City and County of Denver District Court No. 05CR3298
Honorable Shelley I. Gilman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Brian P. Berigan,

Defendant-Appellant.

ORDER AFFIRMED

Division V
Opinion by JUDGE BERNARD
Graham and Berger, JJ., concur

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


Court of Appeals No. 12CA2508
Las Animas County District Court No. 11CR138
Honorable Leslie J. Gerbracht, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Scott Duran,

Defendant-Appellant.

ORDER AFFIRMED IN PART
AND APPEAL DISMISSED IN PART

Division V
Opinion by JUDGE BERGER
Graham and Bernard, JJ., concur

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


Court of Appeals No. 12CA2534
City and County of Denver District Court No. 12CR1506
Honorable Michael J. Vallejos, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Tommy Teran,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division IV
Opinion by JUDGE DUNN
Graham and Fox, JJ., concur

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


Court of Appeals No. 12CA2562
El Paso County District Court No. 11CV5273
Honorable Timothy J. Schutz, Judge

Anthony Semadeni,

Plaintiff-Appellant,

v.

Nationstar Mortgage, LLC; Aurora Loan Services, LLC; Wells Fargo Bank, N.A.; and Mortgage Electronic Registration Systems, Inc.,

Defendants-Appellees.

JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

Division V
Opinion by JUDGE J. JONES
Hawthorne and Ashby, JJ., concur

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


Court of Appeals No. 13CA0020
Fremont County District Court No. 12CV34
Honorable David M. Thorson, Judge

Fred A. Wilson,

Plaintiff-Appellant,

v.

Colorado Department of Corrections,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division V
Opinion by JUDGE J. JONES
Hawthorne and Ashby, JJ., concur

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


Court of Appeals No. 13CA0309
El Paso County District Court No. 04CR925
Honorable Thomas L. Kennedy, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ricardo Rodriquez Rosado,

Defendant-Appellant.

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 Nos. 13CA0384 & 13CA0385
Larimer County District Court Nos. 12CR578 & 12CR718
Honorable Stephen E. Howard, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Samuel Ramirez Vasquez,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 13CA0618
El Paso County District Court No. 99CR147
Honorable David A. Gilbert, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Blanch Cleveland Hodge, Jr.,

Defendant-Appellant.

ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division V
Opinion by JUDGE J. JONES
Hawthorne and Ashby, JJ., concur

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


PETITIONS FOR REHEARING

Court of Appeals No.11CA1929

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Brandi Jessica Russell,

Defendant-Appellant.

Opinion Modified and
Petition for Rehearing DENIED


Court of Appeals No. 12CA0463

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Duane Eric Nicholas,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA0784

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Gib Dale Becker,

Defendant-Appellant.

Petition for Rehearing DENIED


Court of Appeals Nos.12CA2312 & 12CA2316

Ryan Ranch Community Association, Inc.,

Plaintiff-Appellee,

v.

John E. Kelley, Kelly D. Kelley, Rick Zimmerman, and Lora Zimmerman,

Defendants-Appellants.

Opinion Modified and
Petition for Rehearing DENIED
Terry, J., would GRANT


Court of Appeals No. 13CA1255

In re the Marriage of

David Weddle,

Appellee,

and

Prendergast & Associates, P.C.,

Attorney-Appellee,

and Concerning Robin Weddle,

Appellant,

and

David Worstell,

Attorney-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. 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 || May 8, 2014

Back