ANNOUNCEMENTS
COLORADO COURT OF APPEALS
December 17, 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. 09CA0522
Adams County District Court No. 07JV39
Honorable Katherine R. Delgado, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of N.D.V., a Child,
and Concerning Y.R.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE CARPARELLI
Webb, J., concurs
Lichtenstein, J., dissents
U N P U B L I S H E D O P I N I O N S
Court of Appeals No. 06CA0860
Jefferson County District Court No. 05CR2374
Honorable Jane A. Tidball, Judge
Honorable Frank Plaut, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Charles J. Myricks,
Defendant-Appellant.
Judgment Affirmed
Division III
Opinion by JUDGE ROY
Furman and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 06CA2379
Adams County District Court No. 05CR2680
Honorable Cheryl L. Post, Judge
Honorable Gerald J. Rafferty, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Christian Abiakam,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE J. JONES
Russel and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA0952
Adams County District Court No. 05CR3749
Honorable Edward C. Moss, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Valene Renee Ferri,
Defendant-Appellant.
CASE REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE ROY
Gabriel and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA1949
City and County of Denver District Court No. 06CR729
Honorable Nancy A. Hopf, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Marselino Paul Atencio,
Defendant-Appellant.
ORDER REVERSED
Division VII
Opinion by JUDGE J. JONES
Russel and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA2446
Adams County District Court No. 07CR834
Honorable C. Vincent Phelps, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Brian Keith Potts,
Defendant-Appellant.
Judgment Affirmed
Division III
Opinion by JUDGE ROY
Furman and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0305
Mesa County District Court No. 02CR843
Honorable Brian J. Flynn, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Roger E. Keeton,
Defendant-Appellant.
JUDGMENT AND SENTENCES AFFIRMED
Division III
Opinion by JUDGE MILLER
Roy and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0315
El Paso County District Court No. 04CR5164
Honorable Barney Iuppa, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kevin Pounds,
Defendant-Appellant.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division B
Roy, Webb, and Connelly, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1842
Arapahoe County District Court No. 06CR983
Honorable Marilyn Leonard Antrim, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Raymond Trujillo,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Roy, Webb, and Connelly, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1883
Adams County District Court No. 06CR3423
Honorable Edward Charles Moss, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Bradley Scott Hurtt,
Defendant-Appellant.
JUDGMENTS AFFIRMED
Division V
Opinion by JUDGE CONNELLY
Gabriel and Criswell,* JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1947
Boulder County District Court No. 00CV1596
Honorable Morris W. Sandstead, Judge
Barnwater Cats Rescue Organization, Inc.,
Plaintiff,
v.
Stephen P. Gardea,
Defendant,
and Concerning Tonya Nita Heinzen,
Appellee,
and
David S. Carroll,
Attorney-Appellant.
ORDERS AFFIRMED
Division V
Opinion by JUDGE GABRIEL
Graham and Connelly, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2136
Boulder County District Court No. 07CV446
Honorable D.D. Mallard, Judge
Honorable M. Gwyneth Whalen, Judge
Colorado Department of Transportation,
Petitioner-Appellee,
v.
Howard Beall,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE RUSSEL
Terry and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2539
Harrison School District No. 2
Case No. Bain
Latasha Bain,
Petitioner-Appellant,
v.
Harrison School District No. 2,
Respondent-Appellee.
ORDER AFFIRMED
Division IV
Opinion by JUDGE LICHTENSTEIN
Carparelli, J., specially concurs
Webb, J., dissents
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2553
El Paso County District Court No. 94CR3169
Honorable David L. Shakes, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kevin Gooley,
Defendant-Appellant.
APPEAL DISMISSED
Division III
Opinion by JUDGE MILLER
Roy and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2672
Boulder County District Court No. 07CV813
Honorable Morris W. Sandstead, Judge
Suzanne Webel; Raymond P. Bovet; Europamark, Inc., a Colorado corporation; and Blackhawk Venture Equity Partners, LLC, a Colorado limited liability company,
Plaintiffs-Appellants,
v.
Arthur C. Darrow and Darlene M. Darrow, trustees u/d/t dated October 4, 1993 f/b/o the Darrow Family Trust,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE RICHMAN
Casebolt and Carparelli, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0193
Colorado Racing Commission
RAC No. 08-654
Susan Wafer and Wafer Thoroughbred Ranch, Inc., a Colorado corporation,
Petitioners-Appellants,
v.
Colorado Racing Commission, by and through Commissioners David Lynn Hoffman; Marilyn Alkire; Jack K. Pretti, Charlie Vail; Mary Sharon Wells; and State of Colorado, by and through Department of Revenue, Division of Racing Events, Daniel J. Hartman, Director,
Respondents-Appellees.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE DAILEY
Taubman and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0211
Larimer County District Court No. 07CV25
Honorable Stephen J. Schapanski, Judge
Michael J. Heaphy and Melissa L. Decker,
Plaintiffs-Appellants,
v.
Kim H. Taylor and Patricia L. Taylor,
Defendants-Appellees.
APPEAL DISMISSED IN PART AND JUDGMENT AFFIRMED
Division II
Opinion by CHIEF JUDGE DAVIDSON
Criswell* and Ney*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0214
Boulder County District Court No. 06DR1206
Honorable Maria E. Berkenkotter, Judge
In re the Marriage of
Teresa Vaicys,
Petitioner-Appellee,
and
Jayson Tuck Coté,
Respondent-Appellant.
ORDER AFFIRMED
Division V
Opinion by JUDGE GABRIEL
Graham and Connelly, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals Nos. 09CA0271 & 09CA0560
Adams County District Court No. 08CV44
Honorable John T. Bryan, Judge
Michael Arellano and Safeway Inc.,
Plaintiffs-Appellants,
v.
Martinson Snow Removal, Inc.,
Defendant-Appellee.
JUDGMENT AND ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE GABRIEL
Connelly and Criswell*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0292
Kit Carson County District Court No. 07CV73
Honorable Michael K. Singer, Judge
Ronnie Lee Raile,
Plaintiff-Appellant,
v.
Warden Brill, Kit Carson Correctional Center,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE FURMAN
Roy and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0405
Arapahoe County District Court No. 88CR1514
Honorable Michael Spear, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jefferie D. Hocker,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Roy, Webb, and Connelly, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0414
Weld County District Court No. 07CV715
Honorable Daniel S. Maus, Judge
Dwaine Curtis, Barbara Curtis, Kara Curtis, and Jala Curtis,
Plainitiffs-Appellants,
v.
Windsor Police Chief John Michaels, in his individual and official capacities, and Windsor Police Officer Bob Ball, #949, in his individual and official capacities,
Defendants-Appellees.
ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE BERNARD
Webb and Román, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0475
Arapahoe County District Court No. 08JV2
Honorable Timothy L. Fasing, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of B.O., A.O., and C.O., Children,
and Concerning C.O., a/k/a C.C.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE ROMÁN
Webb and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1333
Denver Juvenile Court No. 07JV1424
Honorable Thomas L. Kennedy, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of D.I., Child,
Petitioner-Appellee
and Concerning J.C.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by CHIEF JUDGE DAVIDSON
Criswell* and Ney*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1371
Weld County District Court No. 07JV767
Honorable Julie C. Hoskins, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of E.M., C.M., and A.M., Children,
and Concerning M.M.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE CRISWELL*
Davidson, C.J., and Ney*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1406
Weld County District Court No. 08JV107
Honorable William L. West, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of C.C., a Child,
and Concerning S.C.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
Dailey and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1510
City and County of Denver Juvenile Court No. 07JV1433
Honorable David B. Woods, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of B.M.B. and E.D.B., Children,
and Concerning E.M.S.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE GRAHAM
Gabriel and Connelly, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1812
City and County of Denver Juvenile Court No. 07JV1556
Honorable Donna J. Schmalberger, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of A.C.E.G., a Child,
and Concerning E.E.S.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE DAILEY
Taubman and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1814
Industrial Claim Appeals Office of the State of Colorado
DD No. 16705-2009
Clint L. Butler,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Big Sur Waterbeds, Inc.,
Respondents.
ORDER AFFIRMED
Division V
Opinion by JUDGE CONNELLY
Graham and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1834
Industrial Claim Appeals Office of the State of Colorado
DD No. 152052009
Doug A. Garvis,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Division of Employment and Training, Benefit Payment Control,
Respondents.
ORDER AFFIRMED
Division VI
Opinion by JUDGE LICHTENSTEIN
Loeb and Hawthorne, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1841
Arapahoe County District Court No. 08JV428
Honorable Timothy L. Fasing, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of M.S., Child,
and Concerning R.S.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE NEY*
Davidson, C.J., and Criswell*, J., 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. 07CA1869
John Gordy,
Plaintiff-Appellee,
v.
Mariner Health Care, Inc.; National Senior Care, Inc.; and Living Centers – Rocky Mountain, Inc., d/b/a Red Rocks Health Care Center,
Defendants-Appellants.
Opinion Modified and
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0624
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Stacy Clendenin,
Defendant-Appellant.
Petition for Rehearing DENIED
Court of Appeals No. 08CA2670
Alberta Development Partners, LLC, and Peter M. Cudlip,
Plaintiffs-Appellees,
v.
Emanuel Bugelli,
Defendant-Appellant.
Petition for Rehearing DENIED
Booras, J., would GRANT
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0041
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Christopher Malone,
Defendant-Appellant.
Petition for Rehearing DENIED
Court of Appeals No. 09CA0089
Thurman Harrison, Jr.,
Plaintiff-Appellant,
v.
Executive Director of the Colorado Department of Corrections; and Warden of the Fremont Correctional Facility,
Defendants-Appellees.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1495
Donald Q. Webb,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and First Transit, Inc.,
Respondents.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0890
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Antonio M. Bethea,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1600
Shirley A. Wolford,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Luxury Inn of La Junta, Inc.,
Respondents.
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. 2009.