ANNOUNCEMENTS
COLORADO COURT OF APPEALS
October 29, 2009
“Slip opinions” are the opinions as filed by the judges with the clerk. Slip opinions are subject to modification, rehearing, withdrawal, or clerical corrections. A link to any modifications to previously posted opinions will appear in the Petition for Rehearing section of the announcement document the day the changes are announced.
Click on the case number to view published and modified published opinions.
P U B L I S H E D O P I N I O N S
Court of Appeals No. 05CA2296
City and County of Denver District Court No. 99CR2738
Honorable H. Jeffrey Bayless, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Abraham Hagos,
Defendant-Appellant.
CASE REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE CASEBOLT
Miller and Rothenberg*, JJ., concur
Court of Appeals No. 08CA0624
Boulder County District Court No. 06CR1758
Honorable D.D. Mallard, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Stacy Clendenin,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE HAWTHORNE
Lichtenstein, J., concurs
Loeb, J., specially concurs
Court of Appeals No. 08CA1676
Clear Creek County District Court No. 07CR92
Honorable Russell H. Granger, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Robert Todd Kirk,
Defendant-Appellant.
APPEAL DISMISSED
Division VII
Opinion by JUDGE RUSSEL
Connelly and Kapelke*, JJ., concur
Court of Appeals No. 08CA2233
El Paso County District Court No. 07CV2313
Honorable Timothy J. Simmons, Judge
Han Ye Lee,
Plaintiff-Appellant,
v.
Colorado Times, Inc.; Yeunho Shin; and Kim Chang Kuen,
Defendants-Appellees.
JUDGMENTS REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE TAUBMAN
Booras, J., concurs
Dailey, J., concurs in part and dissents in part
Court of Appeals No. 08CA2241
El Paso County District Court No. 07CV7402
Honorable Gregory R. Werner, Judge
Michael Alan Strauch,
Plaintiff-Appellant,
v.
Build It and They Will Drink, Inc., d/b/a Eden Nightclub, and Rodney Owen Beers,
Defendants-Appellees.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE CONNELLY
Graham and Gabriel, JJ., concur
Court of Appeals No. 08CA2454
El Paso County District Court No. 07CV3451
Honorable Thomas L. Kennedy, Judge
Alan Sidman and Sheryl Sidman,
Plaintiffs-Appellees,
v.
Michael Sidman and Renee Sidman,
Defendants-Appellants.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUSTICE ROVIRA*
Casebolt and Kapelke*, JJ., concur
Court of Appeals No. 08CA2552
Pitkin County District Court No. 07CV175
Honorable Gail H. Nichols, Judge
Curtis Vagneur and Jeffrey Evans,
Petitioners-Appellants,
v.
City of Aspen, State of Colorado; Kathryn Koch, in her official capacity as City Clerk for the City of Aspen; Karen Goldman, in her official capacity as Administrative Hearing Officer; Les Holst; Clifford Weiss; and Terry Paulson,
Respondents-Appellees.
ORDER AFFIRMED
Division III
Opinion by JUDGE MILLER
Roy and Furman, JJ. concur
Court of Appeals No. 09CA0006
Eagle County District Court No. 06CV5
Honorable R. Thomas Moorhead, Judge
Richard Colucci,
Plaintiff-Appellant,
v.
Town of Vail,
Defendant-Appellee.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division A
Opinion by CHIEF JUDGE DAVIDSON
Sternberg* and Nieto*, JJ., concur
Court of Appeals No. 09CA0212
Mesa County District Court No. 06CV420
Honorable David A. Bottger, Judge
McCallum Family L.L.C.,
Plaintiff-Appellant,
v.
Marc Winger and Karen Winger,
Defendants-Appellees.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE TERRY
Russel and J. Jones, JJ., concur
Court of Appeals No. 09CA0576
Arapahoe County District Court No. 07JV660
Honorable Timothy L. Fasing, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of E.D, M.D., and A.D., Children,
Appellants,
and Concerning S.D. and M.D.,
Respondents.
ORDER AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE FURMAN
Loeb and Booras, JJ., concur
U N P U B L I S H E D O P I N I O N S
Court of Appeals No. 06CA1421
Jefferson County District Court No. 04CR3494
Honorable R. Brooke Jackson, Judge
Honorable Stephen M. Munsinger, Judge
Honorable Christopher J. Munch, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Tyrus Michael Sarnella,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE GABRIEL
Graham and Connelly, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 06CA1427
Jefferson County District Court No. 05CR2355
Honorable R. Brooke Jackson, Judge
Honorable Stephen M. Munsinger, Judge
Honorable Richard H. Hart, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Tyrus Michael Sarnella,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE GABRIEL
Graham and Connelly, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 06CA1749
City and County of Denver District Court No. 04CR4014
Honorable Morris B. Hoffman, Judge
Honorable Michael A. Martinez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Juan C. Herrera,
Defendant-Appellant.
JUDGMENT AFFIRMED, SENTENCE VACATED,
AND CASE REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE RICHMAN
Casebolt and Carparelli, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA1558
El Paso County District Court No. 05CR2165
Honorable Robert L. Lowrey, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
James Michael Fickle,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE WEBB
Román and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA2117
Adams County District Court No. 05CR1720
Honorable C. Vincent Phelps, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Luciano Flores-Vera,
Defendant-Appellant.
JUDGMENT AFFIRMED IN PART, VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE CONNELLY
Graham and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA2250
Weld County District Court No. 06CR1593
Honorable Jonathan W. Hays, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Gary Hernandez,
Defendant-Appellant.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division A
Opinion by CHIEF JUDGE DAVIDSON
Criswell* and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA2251
Adams County District Court No. 05CR1344
Honorable C. Vincent Phelps, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Utorn Chimtawee,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE TERRY
Russel and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0350
Arapahoe County District Court No. 04CR713
Honorable J. Mark Hannen, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Bradley Lucero,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE CARPARELLI
Casebolt and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0898
Boulder County District Court No. 03CV722
Honorable Morris W. Sandstead, Jr., Judge
Denise C. Olson, f/k/a Denise C. Perry,
Plaintiff- Appellant,
v.
Deborah A. Allen,
Defendant- Appellee.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE J. JONES
Russel and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1469
City and County of Denver District Court Nos. 05CR3585, 05CR2386, 05CR3587, 05CR3588 & 05CR3589
Honorable Shelley I. Gilman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Douglas Paul Nichols,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE CASEBOLT
Carparelli and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1543
City and County of Denver District Court No. 07CV9560
Honorable William D. Robbins, Judge
Roger Nittler and Company, Inc.,
Plaintiff-Appellant,
v.
Jon C. Cook,
Defendant-Appellee.
JUDGMENT AFFIRMED IN PART, REVERSED IN
PART, AND CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE ROMán
Webb and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1558
Jefferson County District Court No. 07CR1517
Honorable Dennis J. Hall, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Bobby A. Manigo,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division A
Opinion by JUDGE PLANK*
Davidson, C.J., and Ruland*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1615
City and County of Denver District Court No. 05CR1957
Honorable Anne M. Mansfield, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Isaac Lawrence Apodaca,
Defendant-Appellant.
Division VI
Opinion by JUDGE LICHTENSTEIN
Loeb and Hawthorne, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1639
Douglas County District Court No. 04CR416
Honorable Paul A. King, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Brian Andrew Smith,
Defendant-Appellant.
ORDER AFFIRMED
Division II
Opinion by JUDGE CARPARELLI
Casebolt and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2151
Weld County District Court No. 06CR1584
Honorable Marcelo A. Kopcow, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Carl Allen Nakagawa,
Defendant-Appellant.
ORDER AFFIRMED
Division V
Opinion by JUDGE CONNELLY
Graham and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2219
Adams County District Court No. 08CR1647
Honorable Jeffrey L. Romeo, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Yovani Lopez-Garcia,
Defendant-Appellant.
Appeal Dismissed
Division B
Roy, Webb, and Connelly, JJ.
Per Curiam
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2222
Mesa County District Court No. 07CR2060
Honorable Brian J. Flynn, Judge
Honorable Richard T. Gurley, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
William T. Gilmore,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE BERNARD
Webb and Román, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2373
Arapahoe County District Court No. 03CR955
Honorable Marilyn L. Antrim, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Scott Dackery Horton,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Roy, Webb, and Connelly, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2379
City and County of Denver District Court Nos. 04CR2041 & 04CR2046
Honorable Martin F. Egelhoff, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Wayne A. Small,
Defendant-Appellant.
APPEAL DISMISSED IN PART
AND ORDER AFFIRMED
Division IV
Opinion by JUDGE BERNARD
Webb and Román, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2400
City and County of Denver District Court No. 08CR2559
Honorable Martin F. Egelhoff, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
William Gene Hollis,
Defendant-Appellant.
SENTENCE AFFIRMED
Division B
Roy, Webb, and Connelly, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2563
Jefferson County District Court No. 05CV1850
Honorable R. Brooke Jackson, Judge
Gary L. Davis and Yolanda L. Davis,
Plaintiffs-Appellees,
v.
David Hill,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE WEBB
Román and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0048
Pitkin County District Court No. 07CV82
Honorable Gail H. Nichols, Judge
Paul McDonough and Ellen McDonough,
Plaintiffs-Appellants and Cross-Appellees,
v.
Janckila Construction, Inc.,
Defendant-Appellee and Cross-Apellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE HAWTHORNE
Loeb and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0203
Logan County District Court No. 06CV142
Honorable Kevin L. Hoyer, Judge
Paul M. Rausch,
Plaintiff-Appellant,
v.
Jeffery A. Malasek and Lutt Trucking, Inc., a Nebraska corporation,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE LICHTENSTEIN
Loeb and Hawthorne, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0834
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-742-273
Angie Sheldon,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; Access Computer Products, Inc.; and Pinnacol Assurance,
Respondents.
ORDER AFFIRMED
Division III
Opinion by JUDGE FURMAN
Roy and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1088
Lincoln County District Court No. 08JV1
Honorable Stanley A. Brinkley, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of J.B., Child,
and Concerning H.T.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division A
Opinion by JUDGE CRISWELL*
Davidson, C.J. and Plank*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1219
City and County of Denver Juvenile Court No. 08JV344
Honorable Donna J. Schmalberger, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of D.D.H., a Child,
and Concerning B.C.H.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE HAWTHORNE
Loeb and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1412
Industrial Claim Appeals Office of the State of Colorado
DD No. 8629-2009
Debra L. Meyer,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Westone Laboratories, Inc.,
Respondents.
ORDER AFFIRMED
Division VII
Opinion by JUDGE TERRY
Russel and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1600
Industrial Claim Appeals Office of the State of Colorado
DD No. 10292-2009
Shirley A. Wolford,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Luxury Inn of La Junta, Inc.,
Respondents.
ORDER AFFIRMED
Division A
Opinion by JUDGE PLANK*
Davidson, C.J., and Criswell*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
P E T I T I O N S F O R R E H E A R I N G
Court of Appeals No. 07CA0455
Alex Delano, Wolfgang Baeck, Carlos Perez, Kevin Werner, and Mark Parker,
Plaintiffs-Appellees,
v.
Jeffrey M. Busch,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 07CA1009
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Donald N. McSwain,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 07CA2107
The People of the State of Colorado,
Plaintiff-Appellee,
v.
John Louis Mantos,
Defendant-Appellant.
Petition for Rehearing DENIED
Court of Appeals No. 08CA2079
Jody J. Morris,
Plaintiff-Appellant,
v.
Jeffrey M. Wise, Michael E. Wise, and Terri A. Wise,
Defendants-Appellees.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA2113
Adams County District Court No. 07CR2905
Honorable Thomas R. Ensor, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Eric Stewart Stamper,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA2274
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-694-053
Michelle Eller,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Boulder Valley School District,
Respondents.
Petition for Rehearing DENIED
Court of Appeals No.: 09CA0123
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-739-748
FBG Service Corporation and Travelers Indemnity Company,
Petitioners,
v.
Industrial Claim Appeals Office of the State of Colorado and Carlos Castro,
Respondents.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
M O D I F I E D O P I N I O N S
Court of Appeals No.: 09CA0630
The People of the State of Colorado,
In the Interest of T.H.C., K.S.C., and J.C., Children,
Upon the Petition of the Denver Department of Human Services,
Petitioner-Appellee,
and Concerning K.L.M. and R.J.C.,
Respondents-Appellants.
Opinion Modified
On the Court's Own Motion
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. 2009.