ANNOUNCEMENTS
COLORADO COURT OF APPEALS
September 23, 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. 07CA1070
Arapahoe County District Court No. 88CR508
Honorable Valeria N. Spencer, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Toney L. Brown, a/k/a Ronald Collins,
Defendant-Appellant.
ORDER AFFIRMED
Division II
Opinion by JUDGE STERNBERG*
Hawthorne and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA2135
El Paso County District Court No. 04CR376
Honorable Thomas K. Kane, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Daniel Logan Hayes,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division II
Opinion by JUDGE HAWTHORNE
Roy and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0289
City and County of Denver District Court No. 04CR1608
Honorable Larry J. Naves, Judge
Honorable Shelley I. Gilman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Faustine J. Sisneros,
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. 09CA0308
Arapahoe County District Court Nos. 95CR1095 & 95CR1106
Honorable Carlos A. Samour, Jr. Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Brain Gargan,
Defendant-Appellant.
ORDER AFFIRMED
Division II
Gabriel and Sternberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0942
El Paso County District Court No. 05CR6375
Honorable David L. Shakes, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Edward Shawn Hyatt,
Defendant-Appellant.
ORDER AFFIRMED
Division IV
Opinion by CHIEF JUDGE DAVIDSON
Plank* and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1254
Boulder County District Court No. 08DR717
Honorable D.D. Mallard, Judge
In re the Marriage of
Bettye Battany, n/k/a Bettye Starcloud,
Appellant,
and
Phil Battany,
Appellee.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE PLANK*
Davidson, C.J., and Nieto*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1374
Adams County District Court No. 06CR1784
Honorable Francis C. Wasserman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Mia Denise Applewhite,
Defendant-Appellant.
ORDERS AFFIRMED
Division II
Opinion by JUDGE GABRIEL
Hawthorne and Sternberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1762
Douglas County District Court No. 98CR143
Honorable Donald W. Marshall, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Deena L. Doyle,
Defendant-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE NIETO*
Davidson, C.J., and Plank*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2277
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-778-444
ARPC Service Source and Hartford Insurance Group,
Petitioners,
v.
Industrial Claim Appeals Office of the State of Colorado and Christine Burry,
Respondents.
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. 09CA2500
El Paso County District Court No. 08CV312
Honorable Thomas K. Kane, Judge
Dustin DLopez,
Plaintiff-Appellant,
v.
Colorado Department of Corrections; Ari Zavaras, Executive Director, Colorado Department of Corrections; and Kevin Estep, Warden, Cheyenne Mountain Re-Entry Center,
Defendants-Appellees.
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. 10CA0199
Fremont County District Court No. 09JV6
Honorable David M. Thorson, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of Z.S.-P., a Child,
and Concerning S.R.P. and M.S.,
Respondents-Appellants.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE FURMAN
Terry and Márquez*, JJ., concur
Court of Appeals No. 10CA0200
Fremont County District Court No. 09JV152
Honorable David M. Thorson, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of L.E.P.-S., a Child,
and Concerning S.R.P. and M.S.,
Respondents-Appellants.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE FURMAN
Terry and Márquez*, JJ., concur
Court of Appeals No. 10CA0207
Adams County District Court Nos. 95CR1356, 96CR262, & 96CR354
Honorable Chris Melonakis, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Thurman Harrison, Jr.,
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. 10CA0278
Industrial Claim Appeals Office of the State of Colorado
DD No. 32981-2009
Janal T. Medina,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Dillard Store Services, Inc.,
Respondents.
ORDER 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. 10CA0575
Industrial Claim Appeals Office of the State of Colorado
DD No. 39112-2009
Peter G. Boden,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Geologic Services & Consultants, Inc.,
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. 10CA0614
Arapahoe County District Court No. 08CR1788
Honorable Carlos A. Samour, Jr., Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Andy Ly,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Carparelli, Loeb, and Gabriel, JJ.
PER CURIAM
Court of Appeals No. 10CA0722
Industrial Claim Appeals Office of the State of Colorado
DD No. 38661-2009
Delta Whiskey, Inc.,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and John J. Marotta,
Respondents.
ORDER 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. 10CA0763
Industrial Claim Appeals Office of the State of Colorado
DD No. 36439-2009
Delta Whiskey, Inc.,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Joshua E. Cook,
Respondents.
ORDER 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. 10CA0764
Industrial Claim Appeals Office of the State of Colorado
DD No. 38678-2009
Delta Whiskey, Inc.,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Michael L. Sybrandt,
Respondents.
ORDER 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. 10CA0811
Industrial Claim Appeals Office of the State of Colorado
DD No. 38238-2009
Delta Whiskey, Inc.,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Anne E. Whalen,
Respondents.
ORDER 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. 10CA0812
Industrial Claim Appeals Office of the State of Colorado
DD No. 38697-2009
Delta Whiskey, Inc.,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Timothy J. Eddy,
Respondents.
ORDER 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. 10CA0852
Industrial Claim Appeals Office of the State of Colorado
DD No. 2699-2010
Lamont O. Stokes,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and ADT Security Systems, Inc.,
Respondents.
Division V
Opinion by JUDGE ROMÁN
Graham and Terry, JJ., concur
Court of Appeals No. 10CA0865
Arapahoe County District Court No. 08JV657
Honorable Timothy L. Fasing, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of J.A.V., Child,
and Concerning S.K.V.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE RUSSEL
Loeb and Richman, JJ., concur
Court of Appeals No. 10CA1060
City and County of Denver Juvenile Court No. 09JV759
Honorable D. Brett Woods, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of I.R., a Child,
and Concerning A.M.H., a/k/a A.M.R.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE RICHMAN
Loeb and Russel, 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. 08CA1344
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Adrienne Espinoza,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2503
Cathy Berra,
Plaintiff-Appellee,
v.
Springer and Steinberg, P.C.,
Defendant-Appellant.
Opinion Modified and
Petition for Rehearing DENIED
Court of Appeals No. 08CA2522
Jeromeyo Hill,
Plaintiff-Appellant,
v.
Colorado Department of Corrections and Aristedes W. Zavaras,
Defendants-Appellees.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0019
Vu Duy Nguyen and Kieu Trang Thi-Do,
Plaintiffs-Appellants,
v.
Liberty Mutual Insurance Company,
Defendant-Appellee.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0066
Vu Duy Nguyen and Kieu Trang Thi-Do,
Plaintiffs-Appellants,
v.
Liberty Mutual Insurance Company,
Defendant-Appellee.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0127
The People of the State of Colorado,
Plaintiff-Appellant,
v.
Robert Charles Johnson,
Defendant-Appellee.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0352
The People of the State of Colorado,
Plaintiff-Appellee,
v.
René Moroe,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0520
Dean G. Taylor,
Plaintiff-Appellant,
v.
Peter Knobel and Crossroads 2E, LLC,
Defendants-Appellees.
Opinion Modified and
Petition for Rehearing DENIED
Court of Appeals No. 09CA0611
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ali Raza Kimiai,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1980
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Mary Bernice Johnson,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2755
In re the Marriage of
Pamela Gibson, f/k/a Pamela Gibson Greene,
Appellee,
and
Jerome Greene,
Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0462
Donald J. Thayer,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Western Security Systems, Inc.,
Respondents.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0750
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of F.J.M., a Child,
and Concerning R.D.J., a/k/a B.J., and M.J.J.,
Intervenors-Appellants.
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. 2010.