Search



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


Colorado Court of Appeals Opinions || July 17, 2014

Colorado Court of Appeals -- July 17, 2014
Announcement Sheet

PUBLISHED OPINIONS

Court of Appeals No.11CA2032
Adams County District Court No. 10CR535
Honorable F. Michael Goodbee, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Antonio Rios,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division II
Opinion by JUDGE BERGER
Casebolt and Dailey, JJ., concur


Court of Appeals No.13CA1797
Gunnison County District Court No. 12CV95
Honorable J. Steven Patrick, Judge

Josue Castro,

Plaintiff-Appellant,

v.

Jonathan Lintz,

Defendant-Appellee.

ORDER REVERSED

Division A
Opinion by CHIEF JUDGE LOEB
Vogt* and Roy*, JJ., concur


UNPUBLISHED OPINIONS

Court of Appeals No. 10CA0467
Jefferson County District Court No. 06CR2571
Honorable Margie L. Enquist, Judge
Honorable M. J. Menendez, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

George Madrid,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division III
Opinion by JUDGE MILLER
Webb and Gabriel, JJ., concur

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


Court of Appeals No. 11CA0470
Garfield County District Court No. 07CR618
Honorable Daniel B. Petre, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Allen Paul Allman,

Defendant-Appellant.

APPEAL DISMISSED

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

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


Court of Appeals No. 11CA1165
El Paso County District Court No. 10CR2290
Honorable David A. Gilbert, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Lea Shamara Rigdon,

Defendant-Appellant.

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. 11CA1402
El Paso County District Court No. 09CR4030
Honorable William B. Bain, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael Ray Beaty,

Defendant-Appellant.

JUDGMENTS 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. 11CA1558
Arapahoe County District Court No. 10CR452
Honorable Marilyn Leonard Antrim, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Moises Medina-Montes,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division I
Opinion by JUDGE BERNARD
Taubman and Navarro, JJ., concur

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


Court of Appeals No. 11CA2286
City and County of Denver District Court No. 06CR2896
Honorable Martin F. Egelhoff, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Raheem Martin,

Defendant-Appellant.

ORDER AFFIRMED

Division V
Opinion by JUDGE HAWTHORNE
J. Jones and Ashby, JJ., concur

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


Court of Appeals No. 12CA0007
Garfield County District Court No. 09CR375
Honorable Gail H. Nichols, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Zachary Allen Helms,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division I
Opinion by JUDGE TAUBMAN
Bernard and Navarro, JJ., concur

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


Court of Appeals No. 12CA0576
Lincoln County District Court No. 09CR47
Honorable P. Douglas Tallman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Edward Dockery,

Defendant-Appellant.

JUDGMENTS REVERSED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 12CA1278
City and County of Denver District Court No. 04CV5133
Honorable Martin F. Egelhoff, Judge

Dayton Green Condominium Association, Ltd.,

Plaintiff-Appellee,

v.

Donald E. Fymbo,

Defendant-Appellant.

JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

Division III
Opinion by JUDGE WEBB
Gabriel and Miller, JJ., concur

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


Court of Appeals No. 12CA1421
El Paso County District Court No. 07CR813
Honorable Timothy J. Schutz, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Suzanne Myers-McGinn,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division II
Opinion by JUDGE CASEBOLT
Berger and Márquez*, JJ., concur

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


Court of Appeals No. 12CA1745
Adams County District Court No. 10CV510
Honorable C. Scott Crabtree, Judge

Karri Lammers, as permanent guardian of Cody Wonycott, adult, and in her individual capacity; and Terry Lammers, as permanent guardian of Cody Wonycott, adult, and in his individual capacity,

Plaintiffs-Appellants,

and

Leventhal, Brown & Puga, P.C.,

Appellant,

v.

The Children’s Hospital,

Defendant-Appellee.

---------------AND---------------

Court of Appeals No. 12CA2548
Adams County District Court No. 10CV510
Honorable C. Scott Crabtree, Judge

Karri Lammers and Terry Lammers, as permanent guardians of Cody Wonycott, adult,

Plaintiffs,

v.

Children’s Hospital,

Defendant-Appellee,

and Concerning

Leventhal, Brown & Puga, P.C.,

Appellant.

JUDGMENT AND ORDERS AFFIRMED

Division V
Opinion by JUDGE J. JONES
Ney*, J., concurs
Ashby, J., dissents

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


Court of Appeals No. 12CA1764
City and County of Denver District Court No. 10CR4259
Honorable Robert L. McGahey, Judge
Honorable John W. Madden, IV, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

George Magee,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

Division III
Opinion by JUDGE GABRIEL
Webb and Miller, JJ., concur

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


Court of Appeals No. 12CA1805
El Paso County District Court No. 11CR3626
Honorable Scott A. Sells, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Desiree N. Martinez,

Defendant-Appellant.

ORDER AFFIRMED

Division II
Opinion by JUDGE CASEBOLT
Berger and Márquez, JJ., concur

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


Court of Appeals No. 12CA1931
Logan County District Court No. 12CV21
Honorable Douglas R. Vannoy, Judge

Gary Richardson,

Plaintiff-Appellant,

v.

James Falk, Warden, Sterling Correctional Facility; and Rick Raemisch, Director, Colorado Department of Corrections,

Defendants-Appellees.

JUDGMENT AFFIRMED

Division III
Opinion by JUDGE GABRIEL
Webb and Miller, JJ., concur

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


Court of Appeals No. 12CA2034
El Paso County District Court No. 11CR4371
Honorable Theresa Cisneros, Judge
Honorable Regina M. Walter, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Alford Mannix,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

Division III
Opinion by JUDGE MILLER
Webb and Gabriel, JJ., concur

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


Court of Appeals No. 12CA2418
El Paso County District Court No. 10CR688
Honorable Thomas L. Kennedy, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Marshall Charles Robinson,

Defendant-Appellant.

ORDER AFFIRMED

Division II
Opinion by JUDGE MÁRQUEZ*
Casebolt and Berger, JJ., concur

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


Court of Appeals No. 12CA2651
Boulder County District Court No. 11CR126
Honorable Thomas L. Mulvahill, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

David Keith McCoy, II,

Defendant-Appellant.

APPEAL DISMISSED IN PART AND SENTENCE AFFIRMED

Division V
Opinion by JUDGE HAWTHORNE
J. Jones and Ashby, JJ., concur

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


Court of Appeals No. 13CA0461
City and County of Denver District Court No. 11CV7577
Honorable Ann B. Frick, Judge

Jesse N. Lipschuetz,

Plaintiff-Appellant,

v.

Open Door Ministries,

Defendant-Appellee.

JUDGMENT REVERSED

Division VII
Opinion by JUDGE FURMAN
Lichtenstein and Rothenberg*, JJ., concur

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


Court of Appeals No. 13CA0567
Douglas County District Court No. 07CR434
Honorable Paul A. King, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Dane S. Newton,

Defendant-Appellant.

ORDER AFFIRMED

Division II
Opinion by JUDGE BERGER
Casebolt and Márquez*, JJ., concur

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


Court of Appeals No. 13CA0833
Adams County District Court No. 02PR110
Honorable C. Vincent Phelps, Judge

In re the Estate of Virginia Lancaster, ward, Davis Schilken, PC and Janine A. Guillen,

Appellants,

v.

Jeanette L. Goodwin and Norman A. Campbell,

Appellees.

ORDERS AFFIRMED IN PART AND REVERSED IN PART

Division III
Opinion by JUDGE GABRIEL
Webb and Miller, JJ., concur

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


Court of Appeals No. 13CA1018
Arapahoe County District Court No. 12DR2551
Honorable Theresa Michelle Slade, Judge

In re the Marriage of Christina E. Robbins,

Appellant,

and

Robert Thomas Parrish,

Appellee.

JUDGMENT VACATED AND CASE
REMANDED WITH DIRECTIONS

Division III
Opinion by JUDGE WEBB
Gabriel and Miller, JJ., concur

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


Court of Appeals No. 13CA1056
El Paso County District Court No. 12CR1672
Honorable Thomas K. Kane, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Joshua John Wolfaardt,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division I
Opinion by JUDGE BERNARD
Taubman and Navarro, JJ., concur

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


Court of Appeals No. 13CA1076
Adams County District Court No. 11CV486
Honorable Robert W. Kiesnowski, Jr., Judge

Regional Transportation District, a political subdivision of the State of Colorado,

Petitioner-Appellee,

v.

Owens Corning Roofing and Asphalt, LLC,

Respondent-Appellant.

ORDERS AFFIRMED

Division IV
Opinion by JUDGE DUNN
Fox, J., concurs
Graham, J., dissents

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


Court of Appeals No. 13CA1236
Adams County District Court No. 12CR569
Honorable Thomas R. Ensor, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Travis Marqicus Mosley,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division I
Opinion by JUDGE NAVARRO
Taubman and Bernard, JJ., concur

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


Court of Appeals No. 13CA1578
Weld County District Court No. 13CV63
Honorable Kenneth M. Plotz, Judge

Michael David Buford,

Plaintiff-Appellant,

v.

Colorado Department of Revenue, Motor Vehicle Division,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division VII
Opinion by JUDGE FURMAN
Lichtenstein and Ney*, JJ., concur

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


Court of Appeals No. 13CA1654
Arapahoe County District Court No. 12CR2129
Honorable F. Stephen Collins, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

James Rodney McKay,

Defendant-Appellant.

ORDER 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. 13CA1667
Adams County District Court No. 04CR1621
Honorable Katherine R. Delgado, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

John Wayne Warrener,

Defendant-Appellant.

ORDER AFFIRMED

Division V
Opinion by CHIEF JUDGE LOEB
Hawthorne and J. Jones, JJ., concur

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


Court of Appeals No. 13CA1696
Weld County District Court No. 07CV410
Honorable Daniel S. Maus, Judge

Summit View Subdivision Homeowners Association, Inc.,
P
laintiff-Appellee,

v.

J & J Construction of Northern Colorado, LLC, a/k/a J & J Construction; Journey Homes, LLC; and Jeffrey L. Demaske,

Defendants-Appellants.

ORDERS REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division A
Opinion by JUDGE WEBB
Loeb, C.J., and Sternberg*, J., concur

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


Court of Appeals No. 13CA1899
City and County of Denver District Court No. 09DR1922
Honorable William W. Hood, III, Judge

In re the Marriage of

Brenda Brockert, a/k/a Brenda Bayless,

Appellee,

and

Matthew Brockert,

Appellant.

ORDER 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. 13CA1928
Weld County District Court No. 10DR1111
Honorable Marcelo A. Kopcow, Judge

In re the Parental Responsibilities of S.D.K., Child,

and Concerning Kellie Kay Seward, f/k/a Kellie Kay Papachek,

Appellant,

and

Steven Michael Kielian,

Appellee.

ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS

Division III
Opinion by JUDGE GABRIEL
Webb and Miller, JJ., concur

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


Court of Appeals No. 14CA0005
Larimer County District Court No. 12JV388
Honorable Dave Williams, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of N.M., a Child,

and Concerning J.M.,

Respondent-Appellant,

and

A.A.,

Intervenor.

JUDGMENT AFFIRMED

Division VI
Opinion by CHIEF JUDGE LOEB
Plank* and Roy*, JJ., concur

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


Court of Appeals No. 14CA0043
El Paso County District Court Nos. 12JV540 & 12JV1098
Honorable G. David Miller, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of T.T. and B.T., Children, and Concerning E.T. and C.A.,

Respondents-Appellants.

JUDGMENTS AFFIRMED

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

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


Court of Appeals No. 14CA0120
Mesa County District Court No. 12JV179
Honorable Valerie J. Robison, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of G.R., A.R., and C.R., Children,

and Concerning D.R.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division VII
Opinion by JUDGE TERRY
Furman and Lichtenstein, JJ., concur

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


Court of Appeals No. 14CA0178
Jefferson County District Court No. 12JV1080
Honorable Ann Gail Meinster, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of J.P., Child,

and Concerning J.D.B.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division VI
Opinion by JUDGE PLANK*
Loeb, C.J., and Roy*, J., concur

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


Court of Appeals No. 14CA0318
Industrial Claim Appeals Office of the State of Colorado
DD No. 25578-2013

Martin Spacek,

Petitioner,

v.

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

Respondents.

ORDER AFFIRMED

Division V
Opinion by JUDGE HAWTHORNE
J. Jones and Ashby, JJ., concur

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


Court of Appeals No. 14CA0371
City and County of Denver Juvenile Court No. 13JV1877
Honorable D. Brett Woods, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of J.D.E. and X.J.E., Children, and Concerning T.A.E.,

Respondent-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 14CA0418
Industrial Claim Appeals Office of the State of Colorado
DD No. 22075-2013

Eric M. Krawczyk,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado, and ACF Enterprises LLC,

Respondents.

ORDER AFFIRMED

Division VII
Opinion by JUDGE LICHTENSTEIN
Furman and Terry, JJ., concur

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


Court of Appeals No. 14CA0520
El Paso County District Court No. 11JV1203
Honorable G. David Miller, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of L.F.J., a Child,

and Concerning G.C.,

Respondent-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. 14CA0613
Mesa County District Court No. 12JV243
Honorable Valerie J. Robison, Judge

The People of the State of Colorado,

Petitioner-Appellee,

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

and Concerning B.T.,

Respondent-Appellant.

JUDGMENT AFFIRMED

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

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


PETITIONS FOR REHEARING

Court of Appeals No. 10CA0105

The People of the State of Colorado,

Plaintiff-Appellee,

v.

William Roger Trujillo,

Defendant-Appellant.

Petition for Rehearing DENIED


Court of Appeals No. 12CA0005

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Alexander Valdez,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA2013

Johnny Doe, a minor, by and through his Special Conservator, David H. Johnson,

Plaintiff-Appellant,

v.

David Oehlman and Phillips Management Systems, Inc., d/b/a 451 Steakhouse Restaurant,

Defendants-Appellees,

and Concerning Pamela Rodden, Ph.D.

Opinion Modified and
Petition for Rehearing DENIED

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


Court of Appeals No. 12CA2492

Craig Robledo-Valdez,

Plaintiff-Appellant,

v.

Rick Raemisch, in his official capacity as Executive Director of the Colorado Department of Corrections; and Susan Jones, Warden,

Defendants-Appellees.

Petition for Rehearing DENIED

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


Court of Appeals No. 13CA1061

Susan Larsen,

Plaintiff-Appellant,

v.

Martinson Snow Removal, Inc., a Colorado corporation,

Defendant-Appellee.

Petition for Rehearing DENIED

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


Court of Appeals No. 13CA2176

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of L.A.N., a/k/a L.A.C., a Child,

and Concerning L.M.B.,

Respondent-Appellant.

Opinion Modified and
Petitions for Rehearing DENIED

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


MODIFIED OPINIONS

Court of Appeals No.07CA1217
El Paso County District Court No. 95CR3134
Honorable Larry E. Schwartz, Judge
Honorable Donald E. Campbell, Judge
Honorable David S. Prince, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Sanford B. Schupper,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division IV
Opinion by JUDGE GRAHAM
Dunn and Plank*, JJ., concur

Opinion Modified
On the Court’s Own Motion

Announced July 3, 2014


* 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 || July 17, 2014

Back