ANNOUNCEMENTS
COLORADO COURT OF APPEALS
November 24, 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.
P U B L I S H E D O P I N I O N S
Court of Appeals No. 08CA2098
El Paso County District Court No. 06CR3599
Honorable G. David Miller, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Brandon David Allen,
Defendant-Appellant.
ORDERS AFFIRMED
Division II
Opinion by JUDGE HAWTHORNE
Roy and Gabriel, JJ., concur
Court of Appeals No. 08CA2159
Lake County District Court No. 07JV3
Honorable Karen Ann Romeo, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of C.Z., a Child,
and Concerning A.L.L. and D.Z.,
Respondents-Appellants.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE FURMAN
Carparelli and Connelly, JJ., concur
Court of Appeals No. 09CA1660
Douglas County District Court No. 08CV2935
Honorable Paul A. King, Judge
John Garcia,
Plaintiff-Appellant,
v.
Roxy Huber, Executive Director of the Motor Vehicle Division, Department of Revenue, State of Colorado,
Defendant-Appellee.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE CARPARELLI
Dailey and Criswell*, JJ., concur
Court of Appeals No. 09CA1713
City and County of Denver District Court No. 06CV11473
Honorable Larry J. Naves, Judge
Ward Churchill,
Plaintiff-Appellant,
v.
The University of Colorado at Boulder and Regents of the University of Colorado, a body corporate,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE GRAHAM
Terry and Booras, JJ., concur
Court of Appeals No. 09CA2173
Arapahoe County District Court No. 07CV1331
Honorable Charles M. Pratt, Judge
Michael Dunn and Alissa Dunn, individually, and as parents and natural guardians of Tanner Dunn and Gage Dunn,
Plaintiffs-Appellants,
v.
American Family Insurance, a/k/a American Family Mutual Insurance Company, a/k/a American Family Insurance Group, a corporation,
Defendant-Appellee.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division VI
Opinion by CHIEF JUDGE DAVIDSON
Kapelke* and Nieto*, JJ., concur
Court of Appeals No. 10CA0109
Montrose County District Court No. 06DR171
Honorable Jeff B. Herron, Judge
In re the Marriage of
Wendy Barker, n/k/a Wendy Jilek,
Appellant,
and
Randall Charles Barker,
Appellee.
ORDER AFFIRMED
Division A
Opinion by CHIEF JUDGE DAVIDSON
Rovira* and Ney*, JJ., concur
Court of Appeals No. 10CA0522
Montezuma County District Court No. 08JV28
Honorable Sharon L. Hansen, Judge
The People of the State of Colorado,
Petitioner-Appellee and Cross-Appellant,
In the Interest of A.M., a Child,
and Concerning A.C. and N.M.,
Respondents-Appellants and Cross-Appellees,
and
L.H. and R.H.,
Intervenors.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART
AND CASE REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE TAUBMAN
Richman, J., concurs
J. Jones, J., concurs in part and dissents in part
U N P U B L I S H E D O P I N I O N S
Court of Appeals No. 06CA1615
Jefferson County District Court No. 05CR1114
Honorable Stephen M. Munsinger, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Terry Ricardo Gay,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE PLANK*
Casebolt and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0360
Larimer County District Court No. 04CR1881
Honorable Daniel J. Kaup, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Peter Hamblett Grillo,
Defendant-Appellant.
ORDER AFFIRMED
Division V
Opinion by JUDGE ROMán
Graham and Criswell*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1874
El Paso County District Court No. 07DR1837
Honorable Ronald G. Crowder, Judge
In re the Marriage of
Carol A. Garvin, n/k/a Carol Gennaro,
Appellant,
and
Carl D. Garvin,
Appellee.
Judgment affirmed in part, reversed in part,
and case remanded with directions
Division II
Opinion by JUDGE ROY
Hawthorne and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2040
Moffat County District Court No. 07CR93
Honorable Shelley A. Hill, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Myron Dale Mullen,
Defendant-Appellant.
SENTENCE VACATED IN PART
AND CASE REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE CARPARELLI
Furman and Connelly, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2211
City and County of Denver District Court No. 04CR3223
Honorable Brian R. Whitney, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ramon D. Romero,
Defendant-Appellant.
ORDER AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE GRAHAM
Román and Criswell*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2447
Mesa County District Court No. 01CR400
Honorable Richard T. Gurley, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Joshua M. Aarness,
Defendant-Appellant.
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. 08CA2701
Mesa County District Court No. 08CR46
Honorable Thomas M. Deister, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Justin R. Ritter,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE HAWTHORNE
Roy J., concurs
Gabriel J., specially concurs
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0739
El Paso County District Court Nos. 05CR2925, 05CR6247 & 06CR1920
Honorable J. Patrick Kelly, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
David Porterfield,
Defendant-Appellant.
ORDER AFFIRMED
Division V
Opinion by JUDGE GRAHAM
Román and Criswell*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1273
Mesa County District Court No. 06CR619
Honorable Brian J. Flynn, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
George Lee Cyr,
Defendant-Appellant.
ORDER AFFIRMED
Division V
Opinion by JUDGE CRISWELL*
Graham and Román, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1281
El Paso County District Court Nos. 07CR234, 07CR5402 & 07CR5489
Honorable Ronald G. Crowder, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Shawn Eugene Lovett,
Defendant-Appellant.
ORDER 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. 09CA1647
Jefferson County District Court No. 04DR2084
Honorable Margie L. Enquist, Judge
In re the Marriage of
Linda Sundbye,
Appellant,
and
Ralph C. Robertson, Jr.,
Appellee.
ORDERS AFFIRMED
Division II
Opinion by JUDGE GABRIEL
Roy and Hawthorne, JJ., concur
Court of Appeals No. 09CA1686
El Paso County District Court No. 08CV918
Honorable David S. Prince, Judge
Daniel C. Zook and David H. Zook,
Plaintiffs-Appellants,
v.
El Paso County Retirement Plan; El Paso County Retirement Board; Sandra Damron, member of the El Paso County Retirement Board; Monnie Gore, member of the El Paso County Retirement Board; Joseph Breister, member of the El Paso County Retirement Board; Julie Johnson, member of the El Paso County Retirement Board; Brian Larson, member of the El Paso County Retirement Board; and David Klemmer, in his capacity as Plan Administrator of the El Paso County Retirement Plan,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE FURMAN
Carparelli and Connelly, JJ., concur
Court of Appeals No. 09CA1871
Adams County District Court No. 07CV1027
Honorable C. Scott Crabtree, Judge
Sandi Fore,
Plaintiff-Appellant,
v.
City of Thornton, a municipal corporation; and Custom Fence and Supply, Inc., a Colorado corporation,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE MILLER
Webb and Booras, JJ., concur
Court of Appeals No. 09CA2093
City and County of Denver District Court No. 05CR3435
Honorable William W. Hood, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Charles E. Brown,
Defendant-Appellant.
ORDER AFFIRMED
Division V
Opinion by JUDGE GRAHAM
Román and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2399
Pueblo County District Court No. 09CR35
Honorable Jill Suzanne Mattoon, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Cameron Wayne Powers,
Defendant-Appellant.
ORDER AFFIRMED
Division V
Opinion by JUDGE NIETO*
Graham and Román, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2633
Adams County District Court No. 08CR3507
Honorable Chris Melonakis, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Tammera Deanne Henritze,
Defendant-Appellant.
APPEAL DISMISSED
Division B
Taubman, Dailey, and Connelly, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0262
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-559-615
Michael Handson,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado, Northwest Pipe Company, and Pacific Employers Insurance Company,
Respondents.
ORDER AFFIRMED
Division I
Opinion by JUDGE KAPELKE*
Casebolt and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0322
Clear Creek County District Court No. 08CR78
Honorable Russell H. Granger, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jeffrey Scott Gosney,
Defendant-Appellant.
SENTENCE AFFIRMED
Division B
Dailey, Graham, and Connelly, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0337
Arapahoe County District Court No. 09DR1475
Honorable J. Mark Hannen, Judge
In re the Marriage of
David Rudolph Carey,
Appellant,
and
Detria Williamson,
Appellee.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE J. JONES
Dailey and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0388
Industrial Claim Appeals Office of the State of Colorado
DD No. 34589-2009
Rosa I. Nevarez,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Carpet One of Glenwood Springs,
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. 10CA0480 & 10CA0481
Industrial Claim Appeals Office of the State of Colorado
DD Nos. 27790-2009 & 27795-2009
Belland Builders, Inc.
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; Dennis R. Widiker; and Eric E. Widiker,
Respondents.
ORDERS 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. 10CA0598
Weld County District Court No. 09DR1645
Honorable Julie C. Hoskins, Judge
In re the Marriage of
Michelle T. Weeks,
Appellant,
and
Clark H. Weeks,
Appellee.
ORDER AFFIRMED
Division III
Opinion by JUDGE DAILEY
J. Jones and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0705
Summit County District Court No. 08JV10
Honorable W. Terry Ruckriegle, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of H.L., a Child,
and Concerning J.L.,
Respondent-Appellant,
and
C.G. and E.T.,
Intervenors-Appellees.
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. 10CA0772
Industrial Claim Appeals Office of the State of Colorado
DD No. 39379-2009
Robert S. Billingsley,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Ameriquest Personnel, Inc.,
Respondents.
ORDER AFFIRMED
Division C
Hawthorne, Bernard, and Lichtenstein, JJ.
PER CURIAM
Court of Appeals No. 10CA0858
City and County of Denver District Court No. 05CR197
Honorable Robert L. McGahey, Jr., Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Paul Brown, Jr.,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Dailey, Graham, and Connelly, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0970
Boulder County District Court No. 07JV226
Honorable Roxanne Bailin, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of A.J., a Child,
and Concerning S.J.,
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. 10CA1013
City and County of Broomfield District Court No. 08JV77
Honorable John E. Popovich, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of T.L.J., a Child,
and Concerning C.S.F.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE MILLER
Webb and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1174
Industrial Claim Appeals Office of the State of Colorado
DD No. 9502-2010
Paul R. Skach,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Falconstor, Inc.,
Respondents.
ORDER AFFIRMED
Division I
Opinion by JUDGE PLANK*
Casebolt and Bernard, JJ., concur
Court of Appeals No. 10CA1175
Industrial Claim Appeals Office of the State of Colorado
DD No. 11467-2010
Maria D. Miranda,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Aspen Diversified Industries Services,
Respondents.
ORDER AFFIRMED
Division C
Hawthorne, Bernard, and Lichtenstein, JJ.
PER CURIAM
Court of Appeals No. 10CA1182
Industrial Claim Appeals Office of the State of Colorado
DD No. 13656-2008
Dana K. Starr,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Community Hospital Association,
Respondents.
ORDER AFFIRMED
Division I
Opinion by JUDGE BERNARD
Casebolt and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1296
Industrial Claim Appeals Office of the State of Colorado
DD No. 11354-2010
Charmaine D. Yorty,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Colorado State Judicial Department,
Respondents.
ORDER AFFIRMED
Division C
Hawthorne, Bernard, and Lichtenstein, JJ.
PER CURIAM
Court of Appeals No. 10CA1357
Industrial Claim Appeals Office of the State of Colorado
DD No. 11604-2010
Roderick D. Stumon,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Cargill Meat Solutions Corporation,
Respondents.
ORDER AFFIRMED
Division A
Opinion by JUDGE NEY*
Davidson, C.J., and Kapelke*, J., concur
Court of Appeals No. 10CA1366
Adams County District Court No. 09JV292
Honorable Jill-Ellyn Straus, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of A.S., a Child,
and Concerning K.L.S. and G.S.S.
Respondents-Appellants.
ORDER AFFIRMED
Division I
Opinion by JUDGE CASEBOLT
Bernard and Plank*, JJ., concur
Court of Appeals No. 10CA1418
Industrial Claim Appeals Office of the State of Colorado
DD No. 11542-2010
Jessica L. Roznowski,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Qdoba Restaurant Corporation,
Respondents.
ORDER AFFIRMED
Division VII
Opinion by JUDGE KAPELKE*
Davidson, C.J., and Ney*, J., concur
Court of Appeals No. 10CA1506
Industrial Claim Appeals Office of the State of Colorado
DD No. 17455-2010
Dennis W. Remillard,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Lowe’s HIW, Inc.,
Respondents.
ORDER AFFIRMED
Division IV
Opinion by JUDGE BOORAS
Webb and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1618
El Paso County District Court No. 09JV548
Honorable Thomas L. Kennedy, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of A.P., C.P. and V.P., Children,
and Concerning P.P.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE BERNARD
Casebolt and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1654
Pueblo County District Court No. 10MH170
Honorable Dennis Maes, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of Jonathan Wright,
Respondent-Appellant.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE CARPARELLI
Furman and Connelly, JJ., concur
Court of Appeals No. 10CA1808
Pueblo County District Court No. 10MH23
Honorable Dennis Maes, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
In the Interest of Reche Marcell Drayton,
Respondent-Appellant.
ORDER AFFIRMED
Division I
Opinion by JUDGE BERNARD
Casebolt and Plank*, 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. 09CA1314
Preston Bolinger; Blythe Bolinger; Dave Mathiesen; Brenda Shelton; Edwin Coulter; Donna Coulter; Glenn Wollam; Bonnie Schoenstein; and Mill Creek Subdivision Homeowners Association, a Colorado nonprofit corporation,
Plaintiffs-Appellants and Cross-Appellees,
v.
Dennis Neal and Plains View Development, LLC, a Colorado limited liability company,
Defendants-Appellees and Cross-Appellants,
and
Walt DeWolf; Carol DeWolf; and Colorado Open Lands, a Colorado nonprofit corporation,
Defendants-Appellees.
Opinion Modified and
Petition for Rehearing DENIED
Court of Appeals No. 09CA2117
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Charles J. Shirley, Jr.,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2512
Radine Coopersmith,
Plaintiff-Appellant,
v.
Darrel Stilwell and Amy Trowbridge,
Defendants,
and
Richard Downey, Deborah Anderson, and Mary Jane Cox,
Defendants-Appellees.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2719
In the Matter of Susan Proud Williams,
Appellant.
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.