ANNOUNCEMENTS
COLORADO COURT OF APPEALS
May 13, 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.
P U B L I S H E D O P I N I O N S
Court of Appeals No. 07CA2311
El Paso County District Court No. 06CR5149
Honorable David A. Bottger, Judge
Honorable Edward S. Colt, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Thomas Lynn O’Hara III,
Defendant-Appellant.
CASE REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE GRAHAM
Russel and Lichtenstein, JJ., concur
Prior Opinion Announced March 4, 2010, WITHDRAWN
Petition for Rehearing GRANTED
Court of Appeals No. 08CA0334
El Paso County District Court Nos. 99JD1799 & 00CR737
Honorable Gilbert A. Martinez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Keith Clayton Brooks, Jr.,
Defendant-Appellant.
ORDERS AFFIRMED AND CASES
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE MILLER
Román and Ney*, JJ., concur
Court of Appeals No. 08CA0396
Adams County District Court No. 04CR3586
Honorable C. Vincent Phelps, Jr., Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
William Lawrence Gladney,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE DAILEY
Roy and Richman, JJ., concur
Court of Appeals No. 08CA2664
Jefferson County District Court No. 04CR259
Honorable Stephen M. Munsinger, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Donald James Drew,
Defendant-Appellant.
Order Affirmed
Division III
Opinion by JUDGE ROY
Court of Appeals No. 09CA0298
Industrial Claim Appeals Office of the State of Colorado
WC No. UR 2007-0014
Vincent S. Franz,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado, Brookharts, Inc., and Pinnacol Assurance,
Respondents.
ORDER AFFIRMED
Division III
Opinion by JUDGE RICHMAN
Roy and Dailey, JJ., concur
Court of Appeals No. 09CA0587
Office of Administrative Courts
Case No. OS080017
Michael Cerbo,
Complainant-Appellant,
and
Colorado Secretary of State,
Intervenor,
v.
Protect Colorado Jobs, Inc.,
Respondent-Appellee,
and
Office of Administrative Courts,
Appellee.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE J. JONES
Román and Rovira*, JJ., concur
Court of Appeals No. 09CA1125
Garfield County District Court No. 07CV224
Honorable Gail H. Nichols, Judge
James Bailey, Nancy Bailey, Rhonda Busch/Morgan, Ronald Morgan, Gary Galloway, Judith Galloway, John Gorton, Karla Gorton, Howard Dwight Sanders, and Linda Sanders,
Plaintiffs-Appellants,
v.
Airgas-Intermountain, Inc.; Dennis Schaefers, Airgas District Sales Manager; Glen Austin, Airgas General Sales Manager; Kathy Garner, Airgas Director of Safety; and Ted Naanes, Airgas Assistant Director of Safety,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE WEBB
Terry and Connelly, JJ., concur
Court of Appeals No. 09CA1262
Boulder County District Court No. 07CV845
Honorable Morris W. Sandstead, Judge
Anita Moss and Robert Westby,
Plaintiffs-Appellants,
v.
Members of the Colorado Wildlife Commission, in their official capacities; the Colorado Division of Wildlife, an administrative agency of the State of Colorado; and the Boulder County Board of Commissioners, in their official capacities,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE WEBB
Terry, J., concurs
Connelly, J., specially concurs
Court of Appeals No. 09CA1433
Industrial Claim Appeals Office of the State of Colorado
WC No. 3-966-319
Vincent S. Franz,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado, Brookharts, Inc., and Pinnacol Assurance,
Respondents.
ORDER AFFIRMED
Division III
Opinion by JUDGE RICHMAN
Roy and Dailey, 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. 05CA1623
Arapahoe County District Court No. 04CR1690
Honorable Timothy L. Fasing, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Genero Javon Zuniga,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE GRAHAM
Loeb and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 06CA1021
Fremont County District Court No. 03CR456
Honorable David M. Thorson, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Nathan Thill,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE MILLER
Graham and Loeb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 06CA2314
Arapahoe County District Court No. 05CR1475
Honorable Angela R. Arkin, Judge
Honorable Jack F. Smith, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
David Aaron Klimek,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Taubman and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA0902
City and County of Denver District Court No. 00CR3603
Honorable William D. Robbins, Judge
Honorable Robert L. McGahey, Jr., Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Abraham Hagos,
Defendant-Appellant.
ORDERS AFFIRMED
Division V
Opinion by JUDGE RUSSEL
Graham and Rovira*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals Nos. 08CA1151 & 08CA2474
City and County of Denver District Court No. 08CV2623
Honorable Larry J. Naves, Judge
Green River Media and Communications, LLC, a North Carolina limited liability company; and ABB Cable Georgia, Inc., a North Carolina corporation,
Plaintiffs-Appellees,
v.
Northland Cable Properties, Inc., a Washington corporation; Northland Cable Properties Seven Limited Partnership, a Washington limited partnership; and Northland Cable Properties Eight Limited Partnership, a Washington limited partnership,
Defendants-Appellants.
ORDERS REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE DAILEY
Roy and Criswell*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1262
El Paso County District Court No. 03CV1399
Honorable Theresa M. Cisneros, Judge
Milana Casablanca, a minor, through her mother and next friend, Desiree Casablanca-Bentz, and Desiree Casablanca-Bentz, individually,
Plaintiffs-Appellants and Cross-Appellees,
v.
Robert W. Caulfield and Mary S. Port,
Defendants-Appellees and Cross-Appellants.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE RUSSEL
Graham and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1281
Weld County District Court No. 01CR1355
Honorable Gilbert A. Gutierrez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Juan Ramon Ramirez,
Defendant-Appellant.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE MILLER
Graham and Loeb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2125
Pueblo County District Court No. 03CR112
Honorable Jill Mattoon, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Lacey Haines,
Defendant-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE DAILEY
Carparelli and Hawthorne, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2475
City and County of Denver District Court No. 07CR7180
Honorable Martin Egelhoff, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Edward Arnold,
Defendant-Appellant.
SENTENCE AND ORDER AFFIRMED
Division B
Casebolt, Hawthorne, and Miller, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2537
Pueblo County District Court No. 03CR114
Honorable Jill Mattoon, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Christopher Haines,
Defendant-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE DAILEY
Carparelli 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. 08CA2716
Adams County District Court Nos. 06CR2667, 06CR3207 & 07CR1636
Honorable C. Vincent Phelps, Jr., Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michelle Vega,
Defendant-Appellant.
APPEAL DISMISSED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0154
City and County of Denver District Court No. 07CV6283
Honorable Gloria A. Rivera, Judge
Andrew A. Hammond, d/b/a Select Electric, a Colorado registered tradename,
Plaintiff-Appellee and Cross-Appellant.
v.
Reality Technology, Inc., a Colorado corporation; and Ivan Drinks, Sr.,
Defendants-Appellants and Cross-Appellees.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE CASEBOLT
Gabriel and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0453
Moffat County District Court No. 98CR105
Honorable Shelley A. Hill, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
William Odom,
Defendant-Appellant.
ORDER AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE RUSSEL
Graham and Lichtenstein, JJ., concur
Court of Appeals No. 09CA0488
City and County of Denver District Court No. 05CR1502
Honorable Catherine A. Lemon, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Cecil Bynum,
Defendant-Appellant.
ORDER AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE BERNARD
Carparelli and Loeb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0625
Arapahoe County District Court No. 05CV3589
Honorable Carlos A. Samour, Judge
Burg Simpson Eldredge Hersh & Jardine, P.C., a Colorado professional corporation,
Plaintiff-Appellant and Cross-Appellee,
v.
City of Central, a home rule city and municipal corporation of Colorado,
Defendant-Appellee and Cross-Appellant.
ORDER 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. 09CA0835
City and County of Denver District Court No. 06CV3185
Honorable Norman D. Haglund, Judge
Floranzo F. Gomez,
Plaintiff-Appellant,
v.
Marya Lynn Mondragon, a/k/a Marya Gomez,
Defendant-Appellee.
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. 09CA1152
City and County of Denver District Court No. 08CV7007
Honorable Anne Marie Mansfield, Judge
Fire Insurance Exchange,
Plaintiff-Appellee,
v.
Pedro Soto,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE BOORAS
Gabriel and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1187
City and County of Denver District Court No. 08CV10505
Honorable Robert L. McGahey, Judge
Crystal River Oil & Gas, LLC and KC Resources, Inc.,
Plaintiffs-Appellants,
v.
Eagle Well Service, Inc. d/b/a Bronco Energy Services,
Defendant-Appellee.
CASE REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE BOORAS
Casebolt and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1238
City and County of Denver District Court No. 09CV2013
Honorable Catherine A. Lemon, Judge
United Mechanical Systems, Inc., a Colorado corporation,
Plaintiff-Appellant,
v.
Arthur Ranes and Design Track, LLC, a Colorado limited liability company,
Respondents-Appellees.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE CASEBOLT
Gabriel and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1338
City and County of Denver District Court No. 04CV8083
Honorable Herbert L. Stern, III, Judge
Richard Palmer,
Plaintiff-Appellant,
v.
Chuck Diaz, Diane Herwitz, and Sandra Burrill,
Defendants-Appellees.
ORDER AFFIRMED
Division V
Opinion by JUDGE GRAHAM
Loeb and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2172
Larimer County District Court No. 07JV111
Honorable John F. Sullivan, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of P.M.M. and A.M., Children,
and Concerning J.A.M. and J.C.,
Respondents-Appellants.
JUDGMENT AFFIRMED
Division A
Opinion by CHIEF JUDGE DAVIDSON
Criswell* and Márquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2672
City and County of Denver Juvenile Court No. 08JV1010
Honorable Karen M. Ashby, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of J.R.A., A.A., R.A.A., G.M.E.A., A.N.A., and A.A.L., Children,
and Concerning G.M.A.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division A
Opinion by JUDGE CRISWELL*
Davidson, C.J., and Márquez*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2732
Industrial Claim Appeals Office of the State of Colorado
DD No. 23675-2009
Carolyn S. Weatherly,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and the University of Colorado,
Respondents.
ORDER AFFIRMED
Division A
Opinion by JUDGE MÁRQUEZ*
Davidson, C.J., and Criswell*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0135
City and County of Denver Probate Court No. 08MH981
Honorable C. Jean Stewart, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of Angela Pampena,
Respondent-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE DAILEY
Carparelli and Hawthorne, 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. 07CA0125
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Isaac Leroy Gallegos,
Defendant-Appellant.
Opinion Modified and
Petition for Rehearing DENIED
Court of Appeals No. 07CA2311
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Thomas Lynn O’Hara III,
Defendant-Appellant.
Prior Opinion Announced March 4, 2010, WITHDRAWN
Petition for Rehearing GRANTED
Court of Appeals No. 08CA2010
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Christopher A. Brown,
Defendant-Appellant.
Opinion Modified and
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.