ANNOUNCEMENTS
COLORADO COURT OF APPEALS
September 9, 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. 06CA2614
Arapahoe County District Court No. 05CR1909
Honorable Charles M. Pratt, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Christopher Joseph Taylor,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE CONNELLY
Carparelli and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA2072
El Paso County District Court No. 05DR3894
Honorable Rebecca S. Bromley, Judge
In re the Marriage of
Linda L. Faulb,
Appellee,
and
Carol L. Faulb, as Personal Representative for the Estate of Jared Alan Faulb,
Appellant.
JUDGMENT AFFIRMED IN PART, REVERSED 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. 07CA2366
City and County of Denver District Court No. 06CR977
Honorable Catherine A. Lemon, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jimmie Wellman,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE CONNELLY
Carparelli and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0336
Jefferson County District Court No. 06CR214
Honorable Lily W. Oeffler, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jody Ray Smith,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE GABRIEL
Roy and Hawthorne, JJ., concur
Court of Appeals No. 08CA0389
Weld County District Court No. 06CR2360
Honorable Marcelo A. Kopcow, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Samuel Bradford,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE KAPELKE*
Webb and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1171
Adams County District Court No. 07CR1544
Honorable Francis C. Wasserman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Quinten Marsialles Arnwine,
Defendant-Appellant.
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. 08CA1912
Mesa County District Court No. 07CR1972
Honorable Richard T. Gurley, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Benjamin Scott Dare,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE KAPELKE*
Davidson, C.J., and Nieto*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0028
El Paso County District Court No. 05CR4970
Honorable David A. Gilbert, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Daniel Schaal,
Defendant-Appellant.
Opinion by JUDGE HAWTHORNE
Roy and Gabriel, JJ., concur
Court of Appeals No. 09CA0040
Weld County District Court No. 07CR868
Honorable Julie Christine Hoskins, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Juan D. Howell,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE FURMAN
Carparelli and Connelly, JJ., concur
Court of Appeals No. 09CA0532
City and County of Denver District Court No. 95CR830
Honorable William W. Hood, III, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Dwight O. Anderson,
Defendant-Appellant.
ORDER AFFIRMED
Division II
Opinion by JUDGE FURMAN
Casebolt and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0642
Larimer County District Court No. 07CV90
Honorable Daniel J. Kaup, Judge
Elah Watson,
Plaintiff-Appellee and Cross-Appellant,
and
Colorado Intergovernmental Risk Sharing Agency,
Intervenor-Appellee and Cross-Appellant,
v.
Benevolent and Protective Order of Elks, Loveland Lodge #1051, a Colorado non-profit corporation,
Defendant-Appellant and Cross-Appellee.
JUDGMENT AFFIRMED, CROSS-APPEAL DISMISSED,
ORDER REVERSED, AND CASE REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE LICHTENSTEIN
Bernard and Ney*, JJ., concur
Court of Appeals No. 09CA0752
Larimer County District Court No. 08CR389
Honorable J. Carman Blair, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Rick Donovan Van Vleet,
Defendant-Appellant.
SENTENCE AFFIRMED
Division II
Opinion by JUDGE GABRIEL
Roy and Hawthorne, JJ., concur
Court of Appeals No. 09CA1012
Adams County District Court No. 08CR499
Honorable Edward Moss, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Darryl Keith Manson,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE GABRIEL
Roy and Hawthorne, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1017
El Paso County District Court No. 05CR4109
Honorable J. Patrick Kelly, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Daniel Goldsberry,
Defendant-Appellant.
ORDER AFFIRMED
Division VI
Opinion by JUDGE CARPARELLI
Furman and Connelly, JJ., concur
Court of Appeals No. 09CA1304
Jefferson County District Court No. 07CR3730
Honorable Lily W. Oeffler, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Summer Lynn Baker,
Defendant-Appellant.
ORDER AFFIRMED
Division V
Opinion by JUDGE TERRY
Graham and Román, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1320
El Paso County District Court No. 03CR1450
Honorable Gilbert A. Martinez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Daniel Self,
Defendant-Appellant.
ORDER AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
Casebolt and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1497
El Paso County District Court No. 08DR4204
Honorable Scott A. Sells, Judge
In re the Marriage of
Robert Lynch,
Appellee,
and
Ann Lynch, n/k/a Ann Laird,
Appellant.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE BERNARD
Lichtenstein and Ney*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1545
El Paso County District Court No. 96CR3055
Honorable Gilbert A. Martinez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
John Wayne Gunter, Sr.,
Defendant-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE MILLER
Graham and Loeb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1555
Larimer County District Court No. 05CR355
Honorable Dave Williams, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Christopher O’Brien,
Defendant-Appellant.
ORDER AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE FURMAN
Casebolt and Terry, JJ., concur
Court of Appeals No. 09CA1569
Eagle County District Court No. 07CV484
Honorable Robert T. Moorhead, Judge
Justin G. Reed,
Plaintiff-Appellant,
v.
AV Decking, Inc., an Arizona corporation,
Defendant-Appellee.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE BOORAS
Roy and Román, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1618
Arapahoe County District Court Nos. 97CR1030 & 97CR2914
Honorable Valeria N. Spencer, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Maurice Harris,
Defendant-Appellant.
ORDERS AFFIRMED
Division B
Carparelli, Loeb, Terry, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1810
Archuleta County District Court No. 05DR58
Honorable Gregory G. Lyman, Judge
In re the Marriage of
Richard E. Downey,
Appellee,
and
Radine S. Downey, a/k/a Coopersmith,
Appellant.
JUDGMENT AND ORDER AFFIRMED
Division IV
Opinion by JUDGE WEBB
Miller and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1880
El Paso County District Court No. 04CV5022
Honorable G. David Miller, Judge
Ralph E. Valdez,
Plaintiff-Appellant,
v.
Anthony W. Minnuzza,
Defendant-Appellee.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE WEBB
Miller and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2005
City and County of Denver District Court No. 02DR470
Honorable J. Stephen Phillips, Judge
In re the Marriage of
Wayne Anthony Leanza,
Appellant,
and
Stephanie Baldwin Urban,
Appellee.
ORDER AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE ROMÁN
Graham and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2125
Park County District Court No. 04CV161
Honorable Stephen A. Groome, Judge
Hartsel Springs Ranch of Colorado, Inc., a Colorado corporation,
Plaintiff-Appellee,
v.
Vernon E. Wagner,
Defendant-Appellant.
ORDER REVERSED
Division II
Opinion by JUDGE FURMAN
Casebolt and Terry, JJ., concur
Court of Appeals No. 09CA2241
City and County of Denver District Court No. 09CV3383
Honorable Morris B. Hoffman, Judge
R. Steven Hadley and RaeAnne Hadley,
Plaintiffs-Appellants,
v.
Countrywide Home Loans, Inc., a New York corporation,
Defendant-Appellee.
ORDER AFFIRMED
Division III
Opinion by JUDGE NEY*
Román and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2278
Industrial Claim Appeals Office of the State of Colorado
WC Nos. 4-779-747 & 4-773-747
Elyse Klingener, DMD, and Hartford Fire Insurance Company,
Petitioners,
v.
Industrial Claim Appeals Office of the State of Colorado, Abigail Tarr, and Zurich North America,
Respondents.
ORDER AFFIRMED
Division VI
Opinion by JUDGE FURMAN
Carparelli and Rovira*, JJ., concur
Court of Appeals No. 09CA2317
City and County of Denver Juvenile Court No. 09JD915
Honorable Donna J. Schmalberger, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of D.C.,
Juvenile-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE CARPARELLI
Furman and Connelly, JJ., concur
Court of Appeals No. 09CA2444
Weld County District Court No. 08CV450
Honorable William L. West, Judge
Farmers Reservoir and Irrigation Company, a Colorado corporation,
Plaintiff-Appellee,
v.
Edward Dumph and Elizabeth (Betsy) Dumph,
Defendants-Appellants.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE BERNARD
Lichtenstein and Ney*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2595
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-545-531
Carl Fleming, by his guardian and conservator, Stacey Simpson-Fleming,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; Truck Insurance Exchange; and Giesen Restaurant,
Respondents.
ORDER AFFIRMED
Division IV
Opinion by JUDGE DAILEY
Carparelli and Criswell*, JJ., concur
Court of Appeals No. 10CA0066
Montrose County District Court No. 06DR310
Honorable Jeff Herron, Judge
In re the Marriage of
Susan Whitmer, n/k/a Susan L. Ashley,
Appellant,
and
Dirk Whitmer,
Appellee.
ORDERS AFFIRMED IN PART, VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE BERNARD
Taubman and Casebolt, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0267
City and County of Denver District Court No. 05CR5141
Honorable Ronald M. Mullins, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Mark Corzine,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Carparelli, Loeb, and Terry, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0304
Industrial Claim Appeals Office of the State of Colorado
DD No. 34017-2009
Michael E. Kauth,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Mizer Milling, Inc.,
Respondents.
ORDER AFFIRMED
Division C
Furman, Bernard, and Lichtenstein, JJ.
PER CURIAM
Court of Appeals No. 10CA0312
City and County of Denver Juvenile Court No. 08JV2465
Honorable Karen M. Ashby, Judge
The People of the State of Colorado,
Petitioner-Appellee
In the Interest of J.A.S., Child,
and Concerning N.S.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE RICHMAN
Loeb and Russel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0372
City and County of Denver Juvenile Court No. 08JV1919
Honorable Donna J. Schmalberger, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of Z.R.T., a Child,
and Concerning R.C.B.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE CARPARELLI
Furman and Connelly, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0648
Industrial Claim Appeals Office of the State of Colorado
DD No. 33704-2009
Allen Andrew Elkins,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Bekins Moving & Storage Company,
Respondents.
ORDER AFFIRMED
Division V
Opinion by JUDGE GRAHAM
Román and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0663
Weld County District Court No. 08JV312
Honorable William L. West, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of A.K., Child,
and Concerning J.C.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by CHIEF JUDGE DAVIDSON
Sternberg* and Ney*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0674
City and County of Denver Juvenile Court No. 08JV20
Honorable Karen M. Ashby, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of D.C.S., Child,
and Concerning S.D.S.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE CONNELLY
Carparelli and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0675
City and County of Denver Juvenile Court No. 07JV1853
Honorable Karen M. Ashby, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of D.C.S., Child,
and Concerning S.D.S.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE CONNELLY
Carparelli and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0716
Larimer County District Court No. 08JV612
Honorable Daniel Kaup, Judge
The People of the State of Colorado,
Petitioner-Appellee
In the Interest of F.M, Child,
and Concerning J.M.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE STERNBERG*
Davidson, C.J. and Ney*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0783
Industrial Claim Appeals Office of the State of Colorado
DD No. 2361-2010
Anna M. Casados,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and U.S. Postal Service,
Respondents.
ORDER AFFIRMED
Division C
Furman, Bernard, and Lichtenstein, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0870
Industrial Claim Appeals Office of the State of Colorado
DD No. 3010-2010
Michael D. Morris,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Lodgenet Entertainment Corp.,
Respondents.
ORDER AFFIRMED
Division C
Furman, Bernard, and Lichtenstein, JJ.
PER CURIAM
Court of Appeals No. 10CA0907
Industrial Claim Appeals Office of the State of Colorado
DD No. 5934-2010
Kristelia A. Ward,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Lucas Associates Temps Inc.,
Respondents.
ORDER AFFIRMED
Division C
Furman, Bernard, Lichtenstein, JJ.
PER CURIAM
Court of Appeals No. 10CA1017
Industrial Claim Appeals Office of the State of Colorado
DD No. 6945-2010
Ernest W. Freeman,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Labor Ready Central Inc.,
Respondents.
ORDER AFFIRMED
Division C
Furman, Bernard, and Lichtenstein, JJ.
PER CURIAM
Court of Appeals No. 10CA1029
Industrial Claim Appeals Office of the State of Colorado
DD No. 8850-2010
Veronique R. Smith,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and David C. Forschner MD PC,
Respondents.
ORDER AFFIRMED
Division B
Furman, Bernard, and Lichtenstein, JJ.
PER CURIAM
Court of Appeals No. 10CA1076
Industrial Claim Appeals Office of the State of Colorado
DD No. 37611-2009
Paul I. Castillo,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Frontier Fire Protection,
Respondents.
ORDER AFFIRMED
Division C
Furman, 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. 08CA0206
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Frank Marzano,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0655
Arthur S. Beir,
Plaintiff-Appellant,
v.
Aspen Barker Top, LLC, a Colorado limited liability company,
Defendant-Appellee.
Opinion Modified and
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0826
El Paso County District Court No. 08CR2390
Honorable Gregory R. Werner, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ieshia Yvonne Harge,
Defendant-Appellant.
Opinion Modified and
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2493
David Hover,
Plaintiff-Appellant,
v.
Director, Colorado Department of Corrections, and Warden, Bent County Correctional Facility,
Defendants-Appellees.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2520
City of Steamboat Springs, a Colorado home rule municipality,
Petitioner-Appellee,
v.
Charles D. Johnson and Johnson Excavation, Inc.,
Respondents-Appellants.
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.