ANNOUNCEMENTS
COLORADO COURT OF APPEALS
August 12, 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. 07CA0434
El Paso County District Court No. 04CV1548
Honorable Richard M. Hall, Judge
Justin Rueb,
Plaintiff-Appellant,
v.
Colorado Department of Corrections and Gary Reed, Warden,
Defendants-Appellees.
APPEAL DISMISSED
Division I
Opinion by JUDGE TAUBMAN
Nieto*, J., concurs
Roy, J., dissents
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA0599
El Paso County District Court No. 99CR47
Honorable David L. Shakes, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Tracy Dean Johnson,
Defendant-Appellant.
ORDER AFFIRMED
Division I
Opinion by JUDGE RICHMAN
Taubman and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA1897
City and County of Denver District Court No. 06CR6759
Honorable Christina M. Habas, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Arthur S. Mills,
Defendant-Appellant.
JUDGMENT AFFIRMED IN PART, VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE CARPARELLI
Dailey and Hawthorne, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA1967
Douglas County District Court No. 06CR374
Honorable Paul A. King, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Todd Anthony Aurit,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division V
Opinion by JUDGE RUSSEL
Webb and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA1972
La Plata County District Court No. 05CR149
Honorable David L. Dickinson, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Pete Selastino Cruz,
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. 07CA2457
El Paso County District Court No. 07CR1931
Honorable Kirk S. Samelson, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ervin Earl Rutter,
Defendant-Appellant.
JUDGMENT 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. 08CA0595
El Paso County District Court No. 07CR604
Honorable David A. Gilbert, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Christopher Emmanuel Lazaro,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE BERNARD
Lichtenstein and Connelly, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0794
Mesa County District Court No. 07CR1704
Honorable Valerie J. Robison, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Earl Dean Raff, Jr.,
Defendant-Appellant.
SENTENCES VACATED AND CASE
REMANDED WITH DIRECTIONS
Division B
Carparelli, Loeb, and Terry, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0966
Mesa County District Court No. 07CR388
Honorable Richard T. Gurley, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
William Poe,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by CHIEF JUDGE DAVIDSON
Kapelke* and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1344
Jefferson County District Court No. 07CR1935
Honorable M. J. Menendez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Adrienne Espinoza,
Defendant-Appellant.
JUDGMENT 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. 08CA1441
Jefferson County District Court No. 07CR2423
Honorable R. Brooke Jackson, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Robert Troy Hannah,
Defendant-Appellant.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE DAILEY
Carparelli and Hawthorne, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1764
Adams County District Court No. 06CR2596
Honorable Francis C. Wasserman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Joseph Edwards,
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. 08CA1801
Jefferson County District Court No. 99CR856
Honorable Jack W. Berryhill, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Mark Anthony Santini, a/k/a Mark Engles,
Defendant-Appellant.
ORDER AFFIRMED
Division V
Opinion by JUDGE WEBB
Russel and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2290
Weld County District Court No. 05CR2036
Honorable Marcelo A. Kopcow, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Deric Dean Cole,
Defendant-Appellant.
SENTENCE AFFIRMED
Division I
Opinion by JUDGE NIETO*
Davidson, C.J., and Kapelke*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2450
Adams County District Court No. 87CR504
Honorable Chris Melonakis, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Thomas J. Howell,
Defendant-Appellant.
ORDER AFFIRMED
Division II
Opinion by JUDGE TERRY
Furman and Márquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2488
Weld County District Court No. 05CR1915
Honorable Gilbert A. Gutierrez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Enrique Llamas,
Defendant-Appellant.
SENTENCE AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE RUSSEL
Webb and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0174
Boulder County District Court No. 06CR2205
Honorable D.D. Mallard, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ryan Joseph Conan Barry,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division II
Opinion by JUDGE FURMAN
Terry and Márquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0651
Boulder County District Court No. 06DR74
Honorable D.D. Mallard, Judge
In re the Parental Responsibilities of L.W.C., a Child,
and Concerning Mallory P. Connell,
Petitioner-Appellant,
and
Lucas A. Hennings,
Respondent-Appellee,
and
Francis Connell, Laura Hennings, and Dennis Hennings,
Intervenors-Appellees.
ORDER AFFIRMED IN PART, VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE ROMÁN
Roy and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0843
Mesa County District Court No. 07CV446
Honorable David A. Bottger, Judge
Cathy Anne Horen,
Plaintiff-Appellant and Cross-Appellee,
v.
Bryan Yaninek,
Defendant-Appellee and Cross-Appellant,
and
Brandon 2, LLC,
Defendant-Appellee.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE BERNARD
Lichtenstein and Connelly, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1124
City and County of Denver District Court No. 06CV11404
Honorable Martin F. Egelhoff, Judge
Ronnie P. Siddle,
Plaintiff-Appellant,
v.
Craig McBride and McBride Lighting, Inc.,
Defendants-Appellees.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division I
Opinion by CHIEF JUDGE DAVIDSON
Kapelke* and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1349
Adams County District Court No. 01CR2380
Honorable Chris Melonakis, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Emanuel Villanueva,
Defendant-Appellant.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division B
Carparelli, Loeb, and Terry, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1611
Larimer County District Court No. 08DR1271
Honorable Stephen J. Schapanski, Judge
In re the Marriage of
Nancy G. Wahamaki,
Appellant,
and
Kim Milo Wahamaki,
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. 09CA1674
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-704-673
Ricardo Diaz,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado, Intertape Polymer Group, and Cambridge Integrated Services Group, Inc.,
Respondents.
ORDER AFFIRMED
Division IV
Opinion by JUDGE HAWTHORNE
Dailey and Carparelli, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1734
Gilpin County District Court No. 08CR62
Honorable Jack W. Berryhill, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Frederick A. Griechen,
Defendant-Appellant.
SENTENCE AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division B
Carparelli, Loeb and Terry, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1842
City and County of Denver District Court No. 06DR3239
Honorable Kenneth E. Barnhill, Judge
In re the Marriage of
Valentin Bromberg,
Appellee,
and
Clara Bromberg-Strogonova, a/k/a Khaya Bromberg, n/k/a Clara Strogonova,
Appellant.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
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. 09CA1863
Jefferson County District Court No. 07CV8086
Honorable R. Brooke Jackson, Judge
John Clelland, Geoff Ibbett, and David Killen,
Plaintiffs-Appellants and Cross-Appellees,
v.
Azure Solutions, Inc., and Azure Solutions, Ltd.,
Defendants-Appellees and Cross-Appellants.
JUDGMENT 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. 09CA2060
City and County of Denver Juvenile Court No. 09JD559
Honorable Donna J. Schmalberger, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of T.Y.
Juvenile-Appellant.
ORDER AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE LICHTENSTEIN
Bernard and Connelly, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2288
El Paso County District Court No. 08CV5607
Honorable Timothy J. Simmons, Judge
Jimmie R. Crow, M.D.,
Plaintiff-Appellant,
v.
Penrose-St.Francis Healthcare System, d/b/a Penrose-St.Francis Health Services,
Defendant-Appellee.
Order vacated and case
remanded with directions
Division III
Opinion by JUDGE ROY
Román and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2483
Weld County District Court No. 08DR242
Honorable Elizabeth Strobel, Judge
In re the Marriage of
Stacy Brandt,
Appellee,
and
Russell Brandt,
Appellant.
ORDER AFFIRMED IN PART, VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE GABRIEL
Webb and Russel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2607
Industrial Claim Appeals Office of the State of Colorado
DD No. 25586-2009
Sleep Disorder Diagnostic Center, LLC,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Catherine E. Walker,
Respondents.
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. 09CA2755
Boulder County District Court No. 03DR1053
Honorable James C. Klein, Judge
In re the Marriage of
Pamela Gibson, f/k/a Pamela Gibson Greene,
Appellee,
and
Jerome Greene,
Appellant.
APPEAL DISMISSED
Division II
Opinion by JUDGE TERRY
Casebolt and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0051
Adams County District Court No. 08JV312
Honorable Jill-Ellyn Straus, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of R.M.S., a Child,
and Concerning E.Z.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE MÁRQUEZ*
Furman 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. 10CA0187
Industrial Claim Appeals Office of the State of Colorado
DD No. 27932-2009
Michael Dippel Insurance Agency,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Debra McCurdy,
Respondents.
ORDER AFFIRMED
Division C
Hawthorne, Bernard, and Lichtenstein, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals Nos. 10CA0345 & 10CA0346
City and County of Denver Juvenile Court Nos. 08JV1737 & 08JV2166
Honorable Karen M. Ashby, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of A.M.M., A.T.M., A.A.M., and A.E.M., Children,
and Concerning M.N.M.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE HAWTHORNE
Dailey and Carparelli, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0510
Mesa County District Court 08JV61
Honorable Richard T. Gurley, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of D.S. and T.S., Children,
and Concerning E.W. and T.S.,
Respondent-Appellants.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE TERRY
Furman and Márquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0823
Industrial Claim Appeals Office of the State of Colorado
DD No. 39800-2009
Amity L. King,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Shiloh Home, 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. 10CA0841
Industrial Claim Appeals Office of the State of Colorado
DD No. 39904-2009
Connie M. Olinger,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and City of Arvada,
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. 08CA0905
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Thomas Michael Lovell,
Defendant-Appellant.
Opinion Modified and
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1290
Irmgard Underwood,
Plaintiff-Appellant,
v.
Guy E. Wickwire,
Defendant-Appellee.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0436
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Daniel Welch,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1730
Traer Creek-RP LLC,
Plaintiff-Appellant,
v.
Town of Avon, Colorado,
Defendant-Appellee.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1861
Pamela Mucklow,
Plaintiff-Appellee,
v.
James Wilson,
Defendant-Appellant.
Opinion Modified and
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1893
Tara Lumpkins, by and through her mother and next of friend Richelle Lumpkins; and Susan Sipes, individually,
Plaintiffs-Appellants,
v.
Safeway Stores, Inc., a Colorado corporation; Safeway, Inc., a Colorado corporation; and Safeway Store #1791, d/b/a/ Safeway,
Defendants-Appellees.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2662
Industrial Claim Appeals Office of the State of Colorado
DD No. 277362009
Joseph D. Steffen,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Mile High Forklift, Inc.,
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.