ANNOUNCEMENTS
COLORADO COURT OF APPEALS
April 22, 2010
“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.
U N P U B L I S H E D O P I N I O N S
Court of Appeals No. 06CA0620
City and County of Denver District Court No. 04CR2256
Honorable Sheila A. Rappaport, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Christopher Carlton Baldwin,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE ROMÁN
J. Jones and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 06CA2049
Jefferson County District Court No. 05CR701
Honorable Stephen M. Munsinger, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Richard Eugene Schmittel,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE J. JONES
Román and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA0320
City and County of Denver District Court No. 05CR2042
Honorable Robert L. McGahey, Judge
Honorable Shelley I. Gilman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Hayward John Nolan,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE MILLER
Román and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA1451
City and County of Denver District Court No. 05CR4057
Honorable Sheila A. Rappaport, Judge
Honorable William D. Robbins, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Justin Box,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE ROMÁN
J. Jones and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA1675
City and County of Denver District Court No. 05CV4491
Honorable Herbert L. Stern, III, Judge
Principal Residential Mortgage, Inc.,
Plaintiff-Appellee,
v.
Esther Watson,
Defendant-Appellant.
JUDGMENT AND ORDER AFFIRMED
Division II
Opinion by JUDGE CASEBOLT
Gabriel and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0151
El Paso County District Court No. 07CR736
Honorable Gilbert A. Martinez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Justin Scott Workman,
Defendant-Appellant.
JUDGMENT AFFIRMED IN PART, VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE J. JONES
Román and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0679
El Paso County District Court No. 00CV2235
Honorable Richard Hall, Judge
Clyde Steven Ealey, Steven S. Ealey, and Stacey L. Ealey,
Plaintiffs-Appellants and Cross-Appellees,
v.
Mark Walton, D.O.,
Defendant-Appellee and Cross-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE GRAHAM
Lichtenstein and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0724
Jefferson County District Court No. 02CR3083
Honorable Lily W. Oeffler, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Daniel Ferraro,
Defendant-Appellant.
ORDER AFFIRMED
Division VII
Opinion by JUDGE ROMán
J. Jones and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1496
City and County of Denver District Court No. 07CR2218
Honorable Brian R. Whitney, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Victor Ramirez,
Defendant-Appellant.
ORDER AFFIRMED
Division VII
Opinion by JUDGE MILLER
Román and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2616
San Juan County District Court No. 07CV04
Honorable Gregory G. Lyman, Judge
Cascade Village Condominium Association-2004, Inc., a Colorado non-profit corporation,
Plaintiff-Appellee,
v.
Breeze Investments, LLC, an Oklahoma limited liability company; the Mark Mara Revocable Trust dated September 19, 1996 as amended and restated on September 26, 2000; Bush Mountain LLC, a Colorado limited liability company; Paul J. Woodul; Alan W. Meeks or Deborah G. Meeks as trustee of the Meeks Family Trust dated July 1, 2000; the James Albert Bush Living Trust, and Mill Creek Lodge Estates, LLC, a Colorado limited liability company,
Defendants-Appellants.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE GABRIEL
Casebolt and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2647
Arapahoe County District Court No. 01CR844
Honorable Michael Spear, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Robert Rochau,
Defendant-Appellant.
SENTENCE VACATED AND CASE
REMANDED WITH DIRECTIONS
Division B
Casebolt, Hawthorne, and Miller, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0245
Jefferson County District Court No. 08CR375
Honorable Stephen M. Munsinger, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Nicholas Andrew Ray Finney,
Defendant-Appellant.
APPEAL DISMISSED IN PART, SENTENCE AFFIRMED
IN PART, AND CASE REMANDED WITH DIRECTIONS
Division B
Hawthorne, Connelly, and Miller, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0274
Jefferson County District Court No. 08CV545
Honorable Lily W. Oeffler, Judge
Tim Cuthriell,
Plaintiff-Appellant and Cross-Appellee,
v.
James Martin Gerlach,
Defendant-Appellee and Cross-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by CHIEF JUDGE DAVIDSON
Sternberg* and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0562
Logan County District Court No. 09CV8
Honorable Douglas R. Vannoy, Judge
Benjamin Davis,
Plaintiff-Appellant,
v.
Executive Director, Colorado Department of Corrections; and Warden, Sterling Correctional Facility,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE RUSSEL
Graham and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0565
Logan County District Court No. 94PR58
Honorable Michael K. Singer, Judge
In the Matter of the Estate of Gregory Alan Kloberdanz, an incapacitated person,
Louise E. Kloberdanz,
Appellant,
v.
Colleen Ann Carmichael and Frank Dale Carmichael,
Appellees.
Apppeal Dismissed in Part
And Order Affirmed
Division III
Opinion by JUDGE ROY
Dailey and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0678
Adams County District Court No. 08CR838
Honorable Thomas R. Ensor, Judge
Honorable C. Vincent Phelps, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Timothy Neal Vallejos,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE CONNELLY
Webb and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0748
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-674-378
Juana Saenz,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado, Carefree of Colorado & Global Staffing, and Gallagher Bassett Services,
Respondents.
ORDER AFFIRMED
Division V
Opinion by JUDGE KAPELKE*
Graham and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1056
Weld County District Court No. 03CR1872
Honorable Gilbert Gutierrez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Donna Marceleno,
Defendant-Appellant.
ORDER AFFIRMED
Division V
Opinion by JUDGE LICHTENSTEIN
Graham and Russel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1068
Fremont County District Court No. 06CV473
Honorable Stephen A. Groome, Judge
Dennis James Kyler,
Plaintiff-Appellant,
v.
Executive Director, Colorado Department of Corrections,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
Hawthorne and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1383
Jefferson County District Court No. 08CV1434
Honorable Philip J. McNulty, Judge
Harold Irving Bacheller, III,
Plaintiff-Appellant and Cross-Appellee,
v.
General Steel Domestic Sales, LLC, d/b/a General Steel Corp., a Colorado limited liability corporation; Discount Steel Buildings, LLC, a Delaware limited liability corporation; Jeffery Wayne Knight; and Nathan Wright,
Defendants-Appellees and Cross-Appellants.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE LICHTENSTEIN
Graham and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1480
Jefferson County District Court No. 09CV824
Honorable R. Brooke Jackson, Judge
Ian J. Spedding, by and through his guardian and conservator, Cynthia J. Spedding,
Plaintiff-Appellant,
v.
Gloria J. Spedding, as Personal Representative of the Estate of R. Douglas Spedding and as Trustee of the R. Douglas Spedding 1996 Trust,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE CONNELLY
Webb and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1484
Teller County District Court No. 08CV202
Honorable Edward S. Colt, Judge
Nathan Daniel McKinney,
Plaintiff-Appellant,
v.
Colorado Department of Revenue, Motor Vehicle Division,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE CONNELLY
Webb and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1537
Adams County District Court No. 08JD461
Honorable Chris Melonakis, Judge
The People of the State of Colorado,
Plaintiff-Appellant,
In the Interest of M.E.,
Juvenile-Appellee.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE CONNELLY
Webb and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2140
Jefferson County District Court No. 08CR2613
Honorable Dennis J. Hall, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Stephanie Kay Medina,
Defendant-Appellant.
APPEAL DISMISSED IN PART
AND SENTENCES AFFIRMED
Division B
Hawthorne, Connelly, and Miller, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2276
El Paso County District Court No. 85CR883
Honorable Jann P. Dubois, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Gary Wayne McGregor,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Casebolt, Hawthorne, and Miller, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2349
City and County of Denver District Court No. 94CR578
Honorable Lynne M. Hufnagel, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Shawn Mandel Winkler,
Defendant-Appellant.
ORDERS AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division B
Hawthorne, Connelly, and Miller, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2376
Prowers County District Court Nos. 07JV28 & 08JV13
Honorable Douglas Tallman, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of G.A. and C.A., Children,
and Concerning S.A. and E.A.,
Respondents-Appellants.
JUDGMENTS VACATED AND CASE
REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE GRAHAM
Lichtenstein and Márquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2465
Industrial Claim Appeals Office of the State of Colorado
DD No. 187122009
Norma Martino,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Wal-Mart Associates, Inc.,
Respondents.
ORDER AFFIRMED
Division II
Opinion by CHIEF JUDGE DAVIDSON
Sternberg* and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2693
Industrial Claim Appeals Office of the State of Colorado
DD No. 26621-2009
Heidi E. Lewis,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Whole Foods Market Southwest LP,
Respondents.
ORDER AFFIRMED
Division II
Opinion by JUDGE STERNBERG*
Davidson, C.J., and Nieto*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2701
Adams County District Court No. 08JV166
Honorable Jill-Ellyn Straus, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of R.Q.T.F. and J.Q.T.F, Children,
and Concerning J.B.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE NIETO*
Davidson, C.J., and Sternberg*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2798
City and County of Denver Juvenile Court No. 07JV1834
Honorable Donna J. Schmalberger, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of N.J.F., Child,
and Concerning G.F.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE RICHMAN
Roy and Dailey, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2799
City and County of Denver Juvenile Court No. 07JV1740
Honorable Donna J. Schmalberger, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of C.A.F. and Y.M.F., Children,
and Concerning G.F.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE RICHMAN
Roy and Dailey, JJ., 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. 04CA2118
The People of the State of Colorado,
Plaintiff-Appellee,
v.
David Arthur Wittrein,
Defendant-Appellant.
Petition for Rehearing DENIED
Court of Appeals No. 08CA0983
Co-West Telluride, LLC,
Plaintiff-Appellant and Cross-Appellee,
v.
Kevin Kell and Cheryl R. Kell,
Defendants-Appellees,
and
Stuart Brown,
Defendant-Appellee and Cross-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0085
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jeremy Gardner,
Defendant-Appellant.
Petitions for Rehearing DENIED
Court of Appeals No. 09CA1970
In the Matter of the Petition of A.T.M.,
Appellant,
and
M.E. and L.E.,
Appellees,
and
Adoption Choices of Colorado,
Respondent-Appellee,
and Concerning S.C.M., a Child.
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.