ANNOUNCEMENTS
COLORADO COURT OF APPEALS
April 9, 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.
U N P U B L I S H E D O P I N I O N S
Court of Appeals No.: 06CA0965
City and County of Denver District Court No. 05CR2028
Honorable Martin F. Egelhoff, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ray Moore,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by: CHIEF JUDGE DAVIDSON
Ney* and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 06CA1023
Arapahoe County District Court No. 04CR652
Honorable Marilyn Leonard Antrim, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Shannon Kay Gonser, n/k/a Shannon Nelson,
Defendant-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by: JUDGE RUSSEL
J. Jones and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 06CA1734
City and County of Denver District Court No. 05CR5264
Honorable Herbert L. Stern, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Benjamin John Lell,
Defendant-Appellant.
JUDGMENT AFFIRMED IN PART
AND REVERSED IN PART
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.: 06CA2157
El Paso County District Court No. 03CR2182
Honorable David A. Gilbert, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Lamont Ray Banks,
Defendant-Appellant.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division VI
Opinion by: JUDGE HAWTHORNE
Carparelli and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 07CA0834
Mesa County District Court No. 06CR209
Honorable David M. Thorson, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jack Swearingen,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by: JUDGE NEY*
Davidson, C.J., and Nieto*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 07CA1351
Weld County District Court No. 06CR2242
Honorable Marcelo A. Kopcow, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Corey Dwayne Burch,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by: JUDGE NIETO*
Davidson, C.J., and Ney*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 07CA1854
Eagle County District Court No. 02CV608
Honorable Frederick W. Gannett, Judge
Dawn Horner,
Plaintiff-Appellant,
v.
Fleet Fueling of the Rockies, LLC,
Intervenor-Appellee.
ORDER AFFIRMED
Division I
Opinion by: JUDGE LICHTENSTEIN
Richman and Ney*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 07CA2066
Adams County District Court No. 06CR1829
Honorable C. Scott Crabtree, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Loren Harrison,
Defendant-Appellant.
ORDER AFFIRMED
Division VII
Opinion by: JUDGE RUSSEL
J. Jones and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 07CA2433
Chaffee County District Court No. 07CV105
Honorable Charles M. Barton, Judge
Rico Jose Sanchez,
Plaintiff-Appellant,
v.
Warden of the Buena Vista Correctional Facility,
Defendant-Appellee.
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.: 08CA0064
Boulder County District Court No. 06PR539
Honorable Morris W. Sandstead, Judge
In the Matter of the Estate of Dolores Liscum, Ward and Protected Person,
and
Anita Liscum,
Appellant,
v.
Regina Brooks, Co-Trustee and Guardian of Dolores Liscum,
Petitioner-Appellee.
ORDER 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.: 08CA0084
Pueblo County District Court No. 07CR910
Honorable David A. Cole, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
James Ray Taylor,
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.: 08CA0102
Arapahoe County District Court No. 04CR134
Honorable John L. Wheeler, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Daniel Borland,
Defendant-Appellant.
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.: 08CA0404
City and County of Denver District Court No. 03CR3869
Honorable John W. Madden, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jerry Glen Hobley,
Defendant-Appellant.
ORDER 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.: 08CA0588
El Paso County District Court No. 06CV2900
Honorable David S. Prince, Judge
Thomas DiGregorio; Craft Retailers, Inc., a Colorado corporation; and Commercial Development Company, a Colorado corporation,
Plaintiffs-Appellants,
v.
Kathleen M. Guadagnoli and Sam Guadagnoli,
Defendants-Appellees.
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.: 08CA0748
City and County of Denver District Court No. 06CV3090
Honorable Michael A. Martinez, Judge
TDG Cook, Ltd., a Colorado limited partnership; and JL Cook Company, Ltd., a Colorado limited partnership,
Plaintiffs-Appellees and Cross-Appellants,
v.
Robert E. Cook,
Defendant-Appellant and Cross-Appellee.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division I
Opinion by: JUDGE TAUBMAN
Lichtenstein and Criswell*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA0758
Industrial Claim Appeals Office of the State of Colorado
DD No. 17871-2007
Robert R. Snyder,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Division of Employment and Training,
Respondents.
ORDER AFFIRMED
Division I
Opinion by: JUDGE TAUBMAN
Lichtenstein and Ruland*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA0850
Jefferson County District Court No. 93CR212
Honorable Margie L. Enquist, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Mary Kay Condit, f/k/a Paul L. Condit,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Taubman, Casebolt, and Loeb, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA0909
Boulder County District Court No. 04CV832
Honorable D.D. Mallard, Judge
Kevin Huber,
Plaintiff-Appellant,
v.
Intrado, Inc.,
Defendant-Appellee.
ORDER VACATED
Division VI
Opinion by: JUDGE HAWTHORNE
Carparelli and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA0926
City and County of Denver District Court No. 07CV8451
Honorable Herbert L. Stern, III, Judge
Thoro Products Company,
Plaintiff-Appellant,
v.
Colorado Department of Public Health and Environment; Honorable Robert N. Spencer, in his official capacity; and State of Colorado Office of Administrative Courts,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division IV
Opinion by: CHIEF JUDGE DAVIDSON
Ney* and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA1076
Garfield County District Court No. 07CR583
Honorable Denise K. Lynch, Judge
The People of the State of Colorado,
Plaintiff-Appellant,
v.
Michael Bishop,
Defendant-Appellee.
ORDERS AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division III
Opinion by: JUDGE DAILEY
Loeb and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA1254
Colorado State Board of Medical Examiners
ME NO. 2007-0003
Dr. Gary McKinney,
Petitioner,
v.
Colorado State Board of Medical Examiners,
Respondent.
ORDER 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.: 08CA1303
City and County of Denver District Court No. 77DR68588
Honorable J. Stephen Phillips, Judge
In re the Marriage of
Carolyn Smith Smith,
Appellee,
and
Thomas Sidney Smith,
Appellant.
ORDER 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.: 08CA1530
Conejos County District Court No. 06CV34
Honorable Pattie P. Swift, Judge
M.W. Ranch, Inc.,
Plaintiff-Appellee,
v.
Daniel A. Bond, d/b/a LX Bar Ranch,
Defendant-Appellant.
JUDGMENT AFFIRMED 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.: 08CA2317
Weld County District Court No. 02CR343
Honorable J. Robert Lowenbach, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Scott Geyer,
Defendant-Appellant.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division B
Taubman, Casebolt, and Loeb, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA2344
Kit Carson County District Court No. 06JV19
Honorable Douglas R. Vannoy, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of A.M. and T.B., Children,
and Concerning R.M.,
Respondent-Appellant.
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.: 08CA2355
Denver Juvenile Court No. 07JV1743
Honorable Donna J. Schmalberger, Judge
The People of the State of Colorado,
In the Interest of S.A.A. and N.R.H., Children,
Upon the Petition of the Denver Department of Human Services,
Petitioner-Appellee,
and Concerning C.C.H.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by: JUDGE BOORAS
Graham and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 09CA0044
Adams County District Court No. 07JV354
Honorable Katherine R. Delgado, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of J.V.Z. and J.V.Z., Children,
and Concerning D.V.E.,
Respondent-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.: 09CA0050
Mesa County District Court No. 07JV421
Honorable Richard T. Gurley, Judge
The People and the State of Colorado,
Petitioner-Appellee,
In the Interest of H.B. and A.B., Children,
and Concerning K.B.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by: JUDGE HAWTHORNE
Carparelli and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 09CA0107
Adams County District Court No. 07JV399
Honorable Katherine R. Delgado, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of J.F. and K.F., Children,
and Concerning L.F.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by: JUDGE TERRY
Carparelli and Hawthorne, 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.: 07CA0489
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Darrel Alan Hyberg, Jr.,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 07CA0616
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jason Hogan,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 07CA0910
The People of the State of Colorado,
Plaintiff-Appellee,
v.
David Lee Johnson,
Defendant-Appellant.
Opinion Modified and
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 07CA0970
Thomas Kelly,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado, Western Eagle County Ambulance District, and Pinnacol Assurance,
Respondents.
Petition for Rehearing DENIED
Court of Appeals No.: 07CA1317
New Horizons Electric, Inc.; Rakhra Mushroom Farm Corporation; Don Clair; New Concepts Realty, Inc.; Charles E. Blood; Pare Surgical, Inc.; MM Whaley, Inc., d/b/a Service Master of Downtown; Business Service Systems; Karen Marquez; SQV Technologies, Inc.; and Harold Lavern Sullivan,
Plaintiffs-Appellants,
v.
IFC Credit Corporation, a/k/a IFC Credit Corporation; Popular Leasing USA, Inc.; Studebaker-Worthington Leasing Corporation; Wells Fargo Financial Leasing, Inc.; National City Commercial Capital Corporation d/b/a Information Leasing Corporation; and Sterling National Bank,
Defendants-Appellees.
Opinion Modified and
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 07CA2179
In re the Marriage of
Glenn Galbraith,
Appellant,
and
Jeanny Galbraith, a/k/a Jeanny Sopacua,
Appellee.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA0122
Rosita Lopez and Rachelle Lopez,
Plaintiffs-Appellants,
v.
Hall & Evans, LLC and David J. Margrave, Esq.,
Defendants-Appellees.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA0276
Amy Chandler,
Plaintiff-Appellant,
v.
Riverwalk at Edwards Property Owners Association, Inc.,
Defendant-Appellee.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA0542
Amy Chandler,
Plaintiff-Appellant,
v.
Riverwalk at Edwards Property Owners Association, Inc.,
Defendant-Appellee.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA0577
Cedric Vintonio Martin,
Plaintiff-Appellant,
v.
Warden of the Fremont Correctional Facility,
Defendant-Appellee.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA0603
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Daniel Scot Troke,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA0851
In re the Marriage of
Faith A. Santistevan Mefford,
Appellant,
and
Fermin J. Santistevan,
Appellee.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA1335
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Matthew A. Burry,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA1692
Bulto Bena,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado, Hertz Corporation and AIG c/o Specialty Risk Services,
Respondents.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA2109
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of A.L.D., a Child,
and Concerning V.E.C.,
Respondent-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. 2008.