ANNOUNCEMENTS
COLORADO COURT OF APPEALS
June 3, 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. 07CA2011
Jefferson County District Court No. 06CR4021
Honorable Christopher J. Munch, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kenneth H. Tripp,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE GABRIEL
Webb and Russel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA2162
City and County of Denver District Court No. 03CR3854
Honorable Herbert L. Stern, III, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Demetrio Vasquez Chavez,
Defendant-Appellant.
ORDER AFFIRMED, SENTENCE VACATED,
AND CASE REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE RUSSEL
Webb, J., concurs
Gabriel, J., specially concurs
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0673
Arapahoe County District Court No. 06CR3574
Honorable John L. Wheeler, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Amie Renee Lewis,
Defendant-Appellant.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE J. JONES
Taubman and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0834
El Paso County District Court No. 06CR2395
Honorable J. Patrick Kelly, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Douglas Alan Scott,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
J. Jones and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0998
Jefferson County District Court No. 05CR108
Honorable Randall C. Arp, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Minor Michael Still,
Defendant-Appellant.
ORDER AFFIRMED
Division VII
Opinion by JUDGE CONNELLY
Bernard and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1357
El Paso County District Court No. 05CV1733
Honorable David A. Gilbert, Judge
Thomas M. Haskins, III,
Plaintiff-Appellee,
v.
Lucy V. Walker,
Defendant-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE CONNELLY
Webb and Terry, JJ., concur
Prior Opinion Announced April 15, 2010, WITHDRAWN
Petition for Rehearing GRANTED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1376
Alamosa County District Court Nos. 06CR140 & 07CR229
Honorable Martin A. Gonzales, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Mario Valenzuela,
Defendant-Appellant.
JUDGMENTS AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE WEBB
Russel and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0189
City and County of Denver District Court No. 05CV8033
Honorable Norman D. Haglund, Judge
Nicholas Batik and Sandy Batik,
Plaintiffs-Appellants,
v.
Charley P. Mansour and Robinson Brick Company, a Colorado corporation,
Defendants-Appellees,
and
The People of the State of Colorado,
Intervenor.
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. 09CA0574
Mesa County District Court No. 08CR1043
Honorable Valerie J. Robison, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Leon D. Smith,
Defendant-Appellant.
Judgment Affirmed
Division III
Opinion by JUDGE ROY
Román and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0621
Yuma County District Court No. 07CV10
Honorable Douglas R. Vannoy, Judge
Overland Pass Pipeline Company, LLC,
Petitioner-Appellee,
v.
The Herman Blach Land Company,
Respondent-Appellant.
Order Affirmed
Division III
Opinion by JUDGE ROY
Román and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0770
Larimer County District Court No. 06CV958
Honorable John D. Williams, Judge
John C. Pernicka; Century Helicopters, Inc.; John D. Cleaver; Raymond Middleton; GFC Investments; Walter J. Frick Trust; CD Fasteners, Inc.; Jacqueline J. Middleton; and Carl Addis & Elsie Addis Loving Trust,
Plaintiffs-Appellants,
and
Aspen Holding, Inc.,
Defendant-Appellant,
v.
Airpark Village, LLC,
Defendant-Appellee.
JUDGMENT REVERSED AND 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. 09CA1162
Boulder County District Court No. 07CV1117
Honorable Roxanne Bailin, Judge
Hope C. Byrne,
Plaintiff-Appellee,
v.
Kathleen R. Barkle,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE J. JONES
Taubman and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1257
Adams County District Court No. 08CV941
Honorable C. Scott Crabtree, Judge
Honorable John T. Bryan, Judge
Estrellita Marez and Cynthia Montez,
Plaintiffs-Appellees,
v.
Grand Auto, Inc.,
Defendant-Appellant.
JUDGMENT AND ORDER AFFIRMED
Division VII
Opinion by JUDGE ROMán
Roy and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1288
El Paso County District Court No. 06CV2168
Honorable G. David Miller, Judge
Samuel Elgin,
Plaintiff-Appellee,
v.
Richard F. Duvall
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE GABRIEL
Webb and Russel, JJ., concur
Court of Appeals No. 09CA1326
City and County of Denver District Court No. 09CV1037
Honorable Larry J. Naves, Judge
Michael Greeno,
Plaintiff-Appellant,
v.
Michelle Tressler,
Defendant-Appellee.
Judgment Affirmed
Division III
Opinion by JUDGE ROY
Román and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1381
Summit County District Court No. 02DR64
Honorable R. Thomas Moorhead, Judge
In re the Marriage of
James D. Thompson,
Appellee,
and
Linda G. Thompson,
Appellant.
ORDER AFFIRMED IN PART
AND REVERSED IN PART
Division VII
Opinion by JUDGE CONNELLY
Bernard and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1429
Fremont County District Court No. 08CV316
Honorable Stephen A. Groome, Judge
Afshin Pahlavan,
Plaintiff-Appellant,
v.
Executive Director of CDOC and Warden, Fremont Correctional Facility,
Defendants-Appellees.
APPEAL DISMISSED
Division III
Opinion by JUDGE ROMÁN
Roy and Booras, JJ., concur
Court of Appeals No. 09CA1624
Adams County District Court Nos. 06CR2860 & 07CR356
Honorable Francis C. Wasserman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Charles Glenn Carver,
Defendant-Appellant.
SENTENCES AFFIRMED
Division B
Casebolt, Hawthorne, and Miller, J.J.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1716
Weld County District Court No. 01CR1424
Honorable John W. Madden, IV, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Vance Martin,
Defendant-Appellant.
ORDER AFFIRMED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1825
City and County of Denver District Court No. 02CR4954 & 03CR1238
Honorable Michael A. Martinez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Charles Henry,
Defendant-Appellant.
ORDERS VACATED IN PART, AFFIRMED IN PART,
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. 09CA2048
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-761-223
Rescare, Inc., and Ace American Insurance Company,
Petitioners,
v.
Industrial Claim Appeals Office of the State of Colorado and Diane Miller,
Respondents.
ORDER AFFIRMED
Division I
Opinion by JUDGE J. JONES
Taubman and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2260
Colorado State Board of Assessment Appeals No. 47291
Tagawa Greenhouses, Inc.,
Petitioner-Appellee,
and
Board of Assessment Appeals
Appellee,
v.
Weld County Board of Commissioners
Respondent-Appellant.
ORDER AFFIRMED
Division I
Opinion by JUDGE RICHMAN
Taubman and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2788
Industrial Claim Appeals Office of the State of Colorado
DD No. 29550-2009
Karim Sawadogo,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Amerigas Propane Incorporated,
Respondents.
ORDER AFFIRMED
Division C
Hawthorne, Bernard, and Lichtenstein, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0265
Industrial Claim Appeals Office of the State of Colorado
DD No. 26270-2009
Rico B. Caldera,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Superior Plaster & Drywall, Inc.,
Respondents.
ORDER AFFIRMED
Division C
Hawthorne, Bernard, and Lichtenstein, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0339
Industrial Claim Appeals Office of the State of Colorado
DD No. 38664-2009
Kristal R. Hager,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and BSMC, LLC,
Respondents.
ORDER AFFIRMED
Division C
Hawthorne, Bernard, and Lichtenstein, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0358
Industrial Claim Appeals Office of the State of Colorado
DD No. 31571-2009
A-Reliable Plumbing Inc.,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Ruthina Gibbons,
Respondents.
ORDER AFFIRMED
Division C
Hawthorne, Bernard, and Lichtenstein, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0453
Industrial Claim Appeals Office of the State of Colorado
DD No. 18979-2009
Tricia L. Jiron,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Toyota of Colorado Springs, Inc.,
Respondents.
ORDER AFFIRMED
Division C
Hawthorne, Bernard, and Lichtenstein, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0456
Industrial Claim Appeals Office of the State of Colorado
DD No. 21743-2009
Linda E. Haithcox,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Denver Health & Hospital Authority,
Respondents.
ORDER AFFIRMED
Division C
Hawthorne, Bernard, and Lichtenstein, 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. 07CA1345
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Monir Shontae Wood,
Defendant-Appellant.
Opinion Modified and
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0307
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Sharon Hernandez,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0724
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Daniel Ferraro,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1008
The People of the State of Colorado,
Plaintiff-Appellee,
v.
James T. Hoffman,
Defendant-Appellant.
Petition for Rehearing DENIED
Dailey, J., would GRANT
Court of Appeals No. 08CA1357
Thomas M. Haskins, III,
Plaintiff-Appellee,
v.
Lucy V. Walker,
Defendant-Appellant.
Prior Opinion Announced April 15, 2010, WITHDRAWN
Petition for Rehearing GRANTED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2349
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Shawn Mandel Winkler,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2698
Meagan C. Taylor,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Mountain View Pet Lodge, LLC,
Respondents.
Petition for Rehearing DENIED
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.