ANNOUNCEMENTS
COLORADO COURT OF APPEALS
December 24, 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. 07CA0312
Chaffee County District Court No. 06CR40
Honorable Charles M. Barton, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Rhoderick T. Flockhart,
Defendant-Appellant.
JUDGMENT VACATED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE ROMán
Webb, J., concurs
Bernard, J., concurs in part and dissents in part
Court of Appeals No. 07CA1715
Arapahoe County District Court Nos. 05CR1593 & 05CR1777
Honorable John L. Wheeler, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Tom Wendell Barrus,
Defendant-Appellant.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE ROMán
Webb and Bernard, JJ., concur
Court of Appeals No. 08CA0316
Jefferson County District Court No. 02CR3254
Honorable Stephen M. Munsinger, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
James Henry Hunter,
Defendant-Appellant.
ORDER REVERSED
Division IV
Opinion by JUDGE RICHMAN
Carparelli, J., concurs
Casebolt, J., dissents
Court of Appeals Nos. 08CA2021 & 09CA0080
Otero County District Court No. 03CV18
Honorable M. Jon Kolomitz, Judge
Pauline Reyher and Dr. Wallace Brucker, on behalf of themselves and all others similarly situated,
Plaintiffs-Appellants,
v.
State Farm Mutual Automobile Insurance Company, an Illinois corporation,
Defendant-Appellee.
ORDERS REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE HAWTHORNE
Loeb and Lichtenstien, JJ., concur
Court of Appeals No. 08CA2342
City and County of Denver District Court No. 07CV9223
Honorable Morris B. Hoffman, Judge
Cynthia Burbach,
Plaintiff-Appellant,
v.
Canwest Investments, LLC,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE J. JONES
Russel and Terry, JJ., concur
Court of Appeals No. 08CA2659
City and County of Denver District Court No. 08CV7083
Honorable Morris B. Hoffman, Judge
Denver Post Corp., a Colorado corporation, d/b/a The Denver Post; and Karen Crummy,
Plaintiffs-Appellants,
v.
Bill Ritter, Governor of the State of Colorado,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division A
Opinion by CHIEF JUDGE DAVIDSON
Sternberg* and Nieto*, JJ., concur
Court of Appeals No. 09CA0222
Yuma County District Court No. 08PR2
Honorable Michael K. Singer, Judge
In re the Estate of Hazel I. McCreath, Deceased.
Charlotte M. Ritchey,
Appellant,
v.
Milford L. McCreath and Elton R. McCreath,
Appellees.
ORDER AFFIRMED
Division III
Opinion by JUDGE ROY
Miller and Márquez*, JJ., concur
Court of Appeals No. 09CA0253
City and County of Denver District Court No. 07CV8968
Honorable William D. Robbins, Judge
State of Colorado, ex. rel. John W. Suthers, Attorney General,
Plaintiff-Appellant,
v.
The Mandatory Poster Agency, Inc., d/b/a Colorado Food Service Compliance Center, d/b/a The Colorado Labor Law Poster Service; Steven J. Fata; Thomas Fata; and Joe Fata,
Defendants-Appellees.
JUDGMENT AFFIRMED, ORDER REVERSED,
AND CASE REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE HAWTHORNE
Hawthorne and Lichtenstein, JJ., concur
Court of Appeals No. 09CA2271
City and County of Denver District Court No. 07CV6924
Honorable J. Stephen Phillips, Judge
Boubacar Doumbouya,
Plaintiff-Appellant,
v.
The County Court of the City and County of Denver; Hon. Andre Rudolph, one of the judges thereof; and the City and County of Denver,
Defendants-Appellees.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE CONNELLY
Graham and Gabriel, 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. 06CA0750
City and County of Denver District Court No. 04CR3867
Honorable Sheila A. Rappaport, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Gabriel Joseph Stites,
Defendant-Appellant.
JUDGMENT AFFIRMED IN PART, VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE RUSSEL
Terry and J. Jones, JJ., concur
Court of Appeals No. 06CA1060
Larimer County District Court No. 04CR1945
Honorable James H. Hiatt, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
James Sidney Triggs,
Defendant-Appellant.
Judgment Affirmed
Division III
Opinion by JUDGE ROY
Miller, J., concurs
Furman, J., specially concurs
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 06CA1716
El Paso County District Court No. 04CV1053
Honorable G. David Miller, Judge
William Lancaster Smith, Jr. SEP IRA, by and through its custodian, Colorado East Bank and Trust,
Plaintiff-Appellant,
v.
Dash Directory, Inc. and Willard L. Hathcock, individually,
Defendants-Appellees.
APPEAL DISMISSED AND CASE
REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE HAWTHORNE
Lichtenstein and Márquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 06CA1777
El Paso County District Court No. 04CR737
Honorable G. David Miller, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Donja Vaughn,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division A
Opinion by CHIEF JUDGE DAVIDSON
Márquez* and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 06CA1859
Montezuma County District Court No. 05CR126
Honorable Sharon Lyons Hansen, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Donja Vaughn,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE GRAHAM
Gabriel and Connelly, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA0735
City and County of Denver District Court No. 04CR4956
Honorable Robert L. McGahey, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Cleveland Michael Flood, Jr.,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED IN PART,
REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE RICHMAN
Casebolt, J., concurs
Carparelli, J., concurs in part and dissents in part
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA0935
Adams County District Court No. 03CR1854
Honorable Edward C. Moss, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Gerald Kenneth Jorgensen,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE MÁRQUEZ*
Hawthorne and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1234
Jefferson County District Court No. 04CR4226
Honorable Dennis Hall, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Sylvia Ann Johnson,
Defendant-Appellant.
ORDER VACATED 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. 08CA1431
City and County of Denver District Court No. 06CR10133
Honorable Anne M. Mansfield, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Papa Odoi,
Defendant-Appellant.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE HAWTHORNE
Lichtenstein and Rothenberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1849
Douglas County District Court No. 96DR600
Honorable Jeffrey K. Holmes, Judge
In re the Marriage of
David L. Wilds,
Appellant,
and
Jacqueline D. Wilds, n/k/a Jacqueline D. Heagle,
Appellee.
ORDER AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE DAILEY
Taubman and Booras, JJ., concur
Court of Appeals No. 08CA2224
El Paso County District Court No. 05CR4438
Honorable Kirk S. Samelson, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jimmie L. Lillie,
Defendant-Appellant.
ORDER AFFIRMED
Division A
Opinion by CHIEF JUDGE DAVIDSON
Márquez* and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2279
El Paso County District Court No. 06CR1338
Honorable Larry E. Schwartz, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
James V. Marshall,
Defendant-Appellant.
ORDER AFFIRMED
Division A
Opinion by JUDGE MÁRQUEZ*
Davidson, C.J., and Kapelke*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2614
Jefferson County District Court No. 08CV1203
Honorable Margie L. Enquist, Judge
Robert Todaro and Tomson’s Construction,
Plaintiffs-Appellees,
v.
General Steel Domestic Sales, LLC, d/b/a General Steel; Capital Steel Industries, LLC, d/b/a Capital Steel; Jeffrey Knight; Jonah Goldman; Megan Nylander; Steven Paige; and Luke Boddy,
Defendants-Appellants.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE WEBB
Román and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0102
Elbert County District Court No. 07CV45
Honorable Jeffrey K. Holmes, Judge
Kimberly S. Weldon,
Plaintiff-Appellant,
v.
Irwin Mortgage Corporation,
Defendant-Appellee.
ORDERS AFFIRMED, JUDGMENT REVERSED,
AND CASE REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE TAUBMAN
Dailey and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0771
Larimer County District Court No. 08CV1102
Honorable James H. Hiatt, Judge
City of Greeley, acting by and through its Water and Sewer Board,
Petitioner-Appellant,
v.
Richard F. Snyder,
Respondent-Appellee.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE BOORAS
Taubman and Dailey, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1070
Jefferson County District Court No. 04CR1781
Honorable Jane A. Tidball, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Stanimir Georgiev Pavlov,
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. 09CA1293
City and County of Denver Juvenile Court No. 07JV176
Honorable Donna J. Schmalberger, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of N.W., R.H., and J.H., Children,
and Concerning A.M.K.,
Respondent-Appellant.
ORDER AFFIRMED
Division VII
Opinion by JUDGE RUSSEL
J. Jones and Kapelke*, JJ., concur
Court of Appeals No. 09CA1493
City and County of Denver Juvenile Court No. 07JV287
Honorable Donna J. Schmalberger, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of M.S.R., a Child,
and Concerning D.S.R.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE FURMAN
Roy and Miller, JJ., concur
Court of Appeals No. 09CA1623
Industrial Claim Appeals Office of the State of Colorado
DD No. 12039-2009
Edward Hardin,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Denver Public Schools,
Respondents.
ORDER AFFIRMED
Division B
Hawthorne, Furman, and Bernard, JJ.
PER CURIAM
Court of Appeals No. 09CA1707
Industrial Claim Appeals Office of the State of Colorado
DD No. 9760-2009
Joshua J. Voeller,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and studioTBD CO_LA(B)_orative LLC,
Respondents.
ORDER SET ASIDE AND CASE
REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE HAWTHORNE
Loeb and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1735
Industrial Claim Appeals Office of the State of Colorado
DD No. 17282-2009
Eugene A. Oliveros,
Petitioner,
v.
Respondents.
ORDER AFFIRMED
Division B
Hawthorne, Furman, and Bernard, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1786
Industrial Claim Appeals Office of the State of Colorado
DD No. 12739-2009
Susan M. Flanagan,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and TVI Inc.,
Respondents.
ORDER AFFIRMED
Division B
Hawthorne, Furman, and Bernard, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1873
Industrial Claim Appeals Office of the State of Colorado
DD No. 19195-2009
Erik L. Dickerson,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Munson Landscaping & Excavating Inc.,
Respondents.
ORDER AFFIRMED
Division B
Hawthorne, Furman, and Bernard, JJ.
PER CURIAM
Court of Appeals No. 09CA1881
Industrial Claim Appeals Office of the State of Colorado
DD No. 18662-2009
Dennis C. Ortega,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and All Frequencies Inc.,
Respondents.
ORDER AFFIRMED
Division B
Hawthorne, Furman, and Bernard, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1952
Industrial Claim Appeals Office of the State of Colorado
DD No. 19481-2009
Darryl E. Wright,
Petitioner,
v.
Respondents.
ORDER AFFIRMED
Division B
Hawthorne, Furman, and Bernard, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2007
Industrial Claim Appeals Office of the State of Colorado
DD No. 18886-2009
J. M. Zamora,
Petitioner,
v.
Respondents.
ORDER AFFIRMED
Division B
Hawthorne, Furman, and Bernard, JJ.
PER CURIAM
Court of Appeals No. 09CA2092
Industrial Claim Appeals Office of the State of Colorado
DD No. 20009-2009
Jesus R. Garcia,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Gambro Inc.,
Respondents.
ORDER AFFIRMED
Division B
Hawthorne, Furman, and Bernard, JJ.
PER CURIAM
Court of Appeals No. 09CA2175
Industrial Claim Appeals Office of the State of Colorado
DD No. 24111-2009
Sharon J. Staude,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Kaiser Foundation Health Plan,
Respondents.
ORDER AFFIRMED
Division B
Hawthorne, Furman, and Bernard, JJ.
PER CURIAM
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. 08CA1026
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ramon Hetzel,
Defendant-Appellant.
Petition for Rehearing DENIED
Court of Appeals No. 08CA1371
Beverly Mann,
Plaintiff-Appellant,
v.
The State of Colorado; David R. Gloss, individually and as an agent of Jefferson County and as an agent of the State of Colorado; Stephenie D. Lorimer; Mary Munger, individually and in her capacity as a City of Lakewood, Colorado Police Officer; Janet Young, individually and in her capacity as a City of Lakewood, Colorado Assistant City Attorney; the City of Lakewood, Colorado; Carla Martin, individually and in her former capacity as general manager of Golden Pond Senior Living, LLC; Golden Pond Senior Living, LLC; William Kilpatrick, individually and in his capacity as City of Golden, Colorado Police Chief; Matt Jurischk, individually and in his capacity as a City of Golden, Colorado Police Officer; the City of Golden, Colorado; Enrico Galimberti, individually and in his capacity as a Deputy Jefferson County Sheriff; Donald Tait, in his capacity as a Supervising Deputy Jefferson County Sheriff; Ted Mink, in his capacity as Jefferson County Sheriff; Jefferson County, Colorado; Gayle King; and Troy L. King,
Defendants-Appellees.
Petition for Rehearing DENIED
Court of Appeals No. 08CA2205
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Travis B. Colvin,
Defendant-Appellant.
Petition for Rehearing DENIED
Court of Appeals No. 08CA2421
Richard Bedor,
Plaintiff-Appellant,
v.
Michael E. Johnson,
Defendant-Appellee.
Petition for Rehearing DENIED
*Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, § 5(3), and § 24-51-1105, C.R.S. 2009.