ANNOUNCEMENTS
COLORADO COURT OF APPEALS
January 22, 2009
“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.
P U B L I S H E D O P I N I O N S
Court of Appeals No.: 07CA1292
City and County of Denver Juvenile Court No. 06JD1308
Honorable Orrelle Rodgers Weeks, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of A.B.-B., a Child,
Juvenile-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by: JUDGE CASEBOLT
Loeb and Román, JJ., concur
Court of Appeals No.: 07CA1785
City and County of Denver District Court No. 01CR3262
Honorable Anne M. Mansfield, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Paul Misenhelter,
Defendant-Appellant.
SENTENCE AFFIRMED
Division VI
Opinion by: JUDGE DAILEY
Bernard and J. Jones, JJ., concur
U N P U B L I S H E D O P I N I O N S
Court of Appeals No.: 06CA0373
City and County of Denver District Court No. 05CR1293
Honorable Herbert L. Stern, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kevin Bivens,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division VII
Opinion by: JUDGE J. JONES
Russel and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 06CA0565
City and County of Denver District Court No. 05CR663
Honorable Martin F. Egelhoff, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
David Jerome Russell,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by: JUDGE J. JONES
Russel and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 06CA1342
Adams County District Court No. 05CR1125
Honorable C. Scott Crabtree, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Troy Mark Brownlow,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by: JUDGE WEBB
Hawthorne, J., concurs
Rovira*, J., dissents
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 06CA2104
Arapahoe County District Court No. 05CR1571
Honorable Justin M. Hannen, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Homaidan Al-Turki,
Defendant-Appellant.
JUDGMENTS AFFIRMED
Division VI
Opinion by: JUDGE HAWTHORNE
Terry and Márquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 06CA2353
Boulder County District Court No. 06CR83
Honorable Daniel C. Hale, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ryan David Goebel,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by: JUDGE CARPARELLI
Taubman and Connelly, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 06CA2578
Mesa County District Court No. 05CR2089
Honorable Brian J. Flynn, Judge
Honorable Edwin G. Ruland, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Eldine Branham,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by: JUDGE GABRIEL
Russel and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 06CA2611
Mesa County District Court No. 05CR2079
Honorable Amanda D. Bailey, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ashley Renee King,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by: JUDGE WEBB
Furman and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 07CA0324
El Paso County District Court No. 02CR1699
Honorable Timothy J. Simmons, Judge
Honorable Kirk S. Samelson, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Santana Pena,
Defendant-Appellant.
ORDER AND JUDGMENT AFFIRMED
Division I
Opinion by: JUDGE TAUBMAN
Román and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 07CA0491
El Paso County District Court No. 96CR1230
Honorable Kirk S. Samelson, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Rodney Dewayne McDonald,
Defendant-Appellant.
ORDERS AFFIRMED
Division IV
Opinion by: JUDGE WEBB
Furman and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 07CA0550
Adams County District Court No. 99CR2316
Honorable C. Vincent Phelps, Jr., Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Richard Walker,
Defendant-Appellant.
ORDER AFFIRMED
Division VII
Opinion by: JUDGE CRISWELL*
Graham and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 07CA0907
El Paso County District Court No. 01CR4130
Honorable Gilbert A. Martinez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
David Dwayne Allen,
Defendant-Appellant.
ORDER AFFIRMED
Division VII
Opinion by: JUDGE CARPARELLI
Graham and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 07CA1131
Weld County District Court No. 06CR1882
Honorable James F. Hartmann, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Saliman Kel Yep,
Defendant-Appellant.
SENTENCE AFFIRMED
Division III
Opinion by: CHIEF JUDGE DAVIDSON
Ney* and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 07CA1244
City and County of Denver District Court No. 97DR374
Honorable J. Stephen Phillips, Judge
In re the Marriage of
Patricia Mitchell,
Appellant and Cross-Appellee,
and
Glen W. Merrick,
Appellee and Cross-Appellant.
ORDER AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by: JUDGE WEBB
Furman and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 07CA1295
Adams County District Court No. 06CR2416
Honorable Harlan R. Bockman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Thomas Golden,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by: JUDGE CARPARELLI
Hawthorne and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 07CA1464
Eagle County District Court No. 06CV19
Honorable Frederick W. Gannett, Judge
Buxman Enterprises, Ltd., a Colorado corporation, d/b/a Edwards Village Market, Ltd.,
Plaintiff-Appellee,
v.
Eagle II Developers, Inc., a Colorado corporation,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by: JUDGE FURMAN
Webb and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 07CA1786
La Plata County District Court No. 04DR215
Honorable David L. Dickinson, Judge
In re the Marriage of
Joseph Wilson Hawley, Jr.,
Appellant,
and
Winifred Venora Jahnke,
Appellee.
JUDGMENT AFFIRMED
Division III
Opinion by: JUDGE DAILEY
Loeb and Rovira*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 07CA1842
Eagle County District Court No. 06CV19
Honorable Frederick W. Gannett, Judge
Buxman Enterprises, Ltd., a Colorado corporation d/b/a Edwards Village Market, Ltd.,
Plaintiff-Appellee,
v.
Riverwalk at Edwards Property Owners Association, Inc.,
Defendant-Appellant.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by: JUDGE FURMAN
Webb and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 07CA1871
City and County of Denver District Court No. 06CV1715
Honorable Christina M. Habas, Judge
James A. Carleo,
Plaintiff-Appellant,
v.
King & Greisen, LLP; Diane S. King; and David Lichtenstein,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division IV
Opinion by: JUDGE WEBB
Hawthorne, J., concurs
Roy, J., dissents
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 07CA2069
Larimer County District Court No. 07CR300
Honorable James H. Hiatt, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Faustine Ismael Gutierrez, Sr.,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division III
Opinion by: JUDGE NEY*
Davidson, C.J., and Kapelke*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 07CA2286
City and County of Denver District Court Nos. 05CR27, 05CR3857 & 06CR577
Honorable Robert S. Hyatt, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jennifer D. Capune,
Defendant-Appellant.
SENTENCES VACATED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by: JUDGE CONNELLY
Casebolt and Roy, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 07CA2454
Weld County District Court Nos. 05CV513 & 05CV1488
Honorable Jonathan W. Hays, Judge
Town of Mead, a statutory municipality and political subdivision of the State of Colorado,
Plaintiff-Appellant,
v.
Board of County Commissioners of Weld County, Ken Williamson, Connie Williamson, Ray School, Alma School, Nick Sekich, Tom Reynolds, Merle Maass, Bill Woods, Gary Woods, Don Owens, Scott Owens, Ed Kanemoto,
Defendants-Appellees.
ORDERS AFFIRMED
Division
Opinion by: JUDGE METZGER*
Dailey and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 07CA2500
Pitkin County District Court No. 07CV36
Honorable Denise K. Lynch, Judge
Capital One, F.S.B.,
Plaintiff-Appellee,
and
Linebarger, Goggan, Blair & Sampson, L.L.P.,
Third-Party Defendant-Appellee,
v.
Mona Long, a/k/a Mona Hayles Long,
Defendant-Appellant.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division I
Opinion by: JUDGE LICHTENSTEIN
Richman and Metzger*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA0181
Boulder County District Court No. 06CV1078
Honorable M. Gwyneth Whalen, Judge
Earl Stratton,
Plaintiff-Appellant,
v.
Owners Insurance Company, d/b/a Auto Owners Insurance Company,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division V
Opinion by: JUDGE BERNARD
Graham and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA0214
City and County of Denver District Court No. 06CV10960
Honorable Christina M. Habas, Judge
Retreat on the Blue Condominium Association,
Plaintiff-Appellant,
v.
Truck Insurance Exchange,
Defendant-Appellee.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division V
Opinion by: JUDGE GRAHAM
Bernard and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA0220
Jefferson County District Court No. 07CR1107
Honorable Lily W. Oeffler, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Lemuel E. Jackson,
Defendant-Appellant.
SENTENCE AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by: JUDGE CASEBOLT
Roy and Connelly, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA0230
El Paso County District Court No. 04CV1431
Honorable Rebecca S. Bromley, Judge
Summit Park II Condominium Owners Association, Inc., a Colorado nonprofit corporation,
Plaintiff-Appellant,
v.
Summit Park Condominium Association, a Dissolved Colorado nonprofit corporation; John E. Morin, individually and as director and/or officer of an unincorporated association of owners; Community Management, Inc., a Colorado corporation; Richard P. Schinke and Donna Schinke,
Defendants-Appellees.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by: JUDGE GABRIEL
Russel and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA0294
Grand County District Court No. 04CV109
Honorable Mary C. Hoak, Judge
Roque R. Morales,
Plaintiff-Appellee,
v.
Jeffrey N. Herren,
Attorney-Appellant.
ORDERS REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division V
Opinion by: JUDGE BERNARD
Graham and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA0422
Mesa County District Court No. 07CR1607
Honorable Brian J. Flynn, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Timothy E. Swenson,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Opinion by: JUDGE HAWTHORNE
Carparelli and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA0597
Adams County District Court No. 06CR3729
Honorable Thomas R. Ensor, Judge
The People of the State of Colorado
Plaintiff-Appellee,
v.
Larry Joe Henry Kennel,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by: JUDGE ROMÁN
Taubman and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA0680
City and County of Denver Juvenile Court No. 05JV1780
Honorable Donna J. Schmalberger, Judge
The People of the State of Colorado,
In the Interest of J.N.L., a Child,
Upon the Petition of the Denver County Department of Human Services,
Petitioner-Appellee,
and Concerning A.R.L.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by: JUDGE GRAHAM
Bernard and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA0746
El Paso County District Court No. 05CR6204
Honorable J. Patrick Kelly, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Roger Paul Weaver,
Defendant-Appellant.
ORDER AFFIRMED
Division VI
Opinion by: JUDGE TERRY
Carparelli and Hawthorne, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA1019
Chaffee County District Court No. 93CR35
Honorable Charles M. Barton, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Steven Michael Tuller,
Defendant-Appellant.
ORDER AFFIRMED
Division IV
Opinion by: JUDGE FURMAN
Webb and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA1292
Adams County District Court No. 08JD55
Honorable Harlan R. Bockman, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of E.P.,
Juvenile-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by: JUDGE ROY
Casebolt and Connelly, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA1331
Industrial Claim Appeals Office of the State of Colorado
DD No. 4337-2008
Carlo R. Bonilla,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Division of Employment and Training,
Respondents.
Hawthorne, J., concurs
Furman, J., concurs in part and dissents in part
Court of Appeals No.: 08CA1458
Chaffee County District Court No. 04CR66
Honorable Charles M. Barton, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Paul Nason,
Defendant-Appellant.
ORDER AFFIRMED
Division A
Taubman, Graham, and Loeb, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA1527
Mesa County District Court No. 07JV367
Honorable Richard T. Gurley, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of Z.F., a Child,
And Concerning L.F.,
Respondent-Appellant.
JUDGMENT VACATED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by: JUDGE HAWTHORNE
Roy and Webb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA1692
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-680-692
Bulto Bena,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado, Hertz Corporation and AIG c/o Specialty Risk Services,
Respondents.
ORDER AFFIRMED
Division IV
Opinion by: JUDGE RICHMAN
Webb and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA1992
Mesa County District Court No. 07JV413
Honorable Ruthanne N. Polidori, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of B.B. and A.B., Children,
and Concerning J.B. and S.D.B.,
Respondents-Appellants.
JUDGMENT AFFIRMED
Division V
Opinion by: JUDGE BERNARD
Graham and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA2124
City and County of Denver Juvenile Court No. 07JV166
Honorable D. Brett Woods, Judge
The People of the State of Colorado,
In the Interest of A.S.E., a Child,
Upon the Petition of the Denver Department of Human Services,
Petitioner-Appellee,
and Concerning F.B.E.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by: JUDGE TAUBMAN
Román and Lichtenstein, 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.: 05CA1720
Tom Clay Hill, individually, and Peoples National Bank Colorado, a Colorado banking corporation,
Plaintiffs-Appellees,
v.
B. Jason Harwell,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 06CA0005
In re the Marriage of
James D. Thompson,
Appellee and Cross-Appellant,
and
Linda G. Thompson,
Appellant and Cross-Appellee,
and Concerning
Andrew C. Littman,
Intervenor-Appellee.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 06CA2006
Clark DeWitt,
Plaintiff-Appellee,
v.
Tara Woods Limited Partnership, a Minnesota limited partnership,
Defendant-Appellant.
Petition for Rehearing DENIED
Court of Appeals No.: 07CA0292
Ridgeview Classical Schools, a Colorado nonprofit corporation and charter school,
Plaintiff-Appellant,
v.
Poudre School District R-1, a Colorado school district,
Defendant-Appellee.
Opinion Modified and
Petition for Rehearing DENIED
Court of Appeals No.: 07CA1844
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Raymond Arthur Price,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 07CA2381
Robert D. Gandy,
Plaintiff-Appellant,
v.
Colorado Department of Corrections and Aristedes Zavaras,
Defendants-Appellees.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA0489
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-631-558
Julian Kraft,
Claimant-Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; Gold Rush I, LLC; and RTW Colorado, Inc.,
Respondents-Appellees.
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. 2008.