ANNOUNCEMENTS
COLORADO COURT OF APPEALS
March 25, 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.
P U B L I S H E D O P I N I O N S
Court of Appeals No. 09CA1970
Clear Creek County District Court No. 09JR26
Honorable Russell H. Granger, Judge
In the Matter of the Petition of A.T.M.,
Appellant,
and
M.E. and L.E.,
Appellees,
and
Adoption Choices of Colorado,
Respondent-Appellee,
and Concerning S.C.M., a Child.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division A
Opinion by JUDGE CONNELLY
Plank* and Rothenberg*, 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. 06CA0497
Arapahoe County District Court No. 02CR2288
Honorable Timothy L. Fasing, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Terrin Devon Coleman,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division I
Opinion by JUDGE HAWTHORNE
Taubman and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 06CA1976
Arapahoe County District Court No. 05CR44
Honorable Angela R. Arkin, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Luke M. Barela,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE BERNARD
Carparelli and Loeb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA0900
City and County of Denver District Court No. 05CR3331
Honorable Ruthanne Polidori, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Alphonso Ceasar,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division VI
Opinion by JUDGE BERNARD
Carparelli and Loeb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA2322
Adams County District Court No. 06CR3243
Honorable Edward C. Moss, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jerad Allen Pickering,
Defendant-Appellant.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
SENTENCE VACATED, AND CASE REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE GRAHAM
Ney* and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0727
Adams County District Court No. 06CR3487
Honorable Edward C. Moss, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Alfredo Enrique Vargas,
Defendant-Appellant.
Judgment Affirmed
Division III
Opinion by JUDGE ROY
Dailey and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0835
Jefferson County District Court No. 99CR1472
Honorable Margie L. Enquist, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jorge Ibuado,
Defendant-Appellant.
ORDER AFFIRMED
Division V
Opinion by JUDGE GRAHAM
Russel and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1087
Jefferson County District Court No. 07CR732
Honorable Stephen M. Munsinger, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Randall J. Graham,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE CARPARELLI
Loeb and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1580
Mesa County District Court No. 03CR547
Honorable Thomas M. Diester, Judge
Honorable Edwin G. Ruland, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Thomas L. Ashley,
Defendant-Appellant.
ORDER AFFIRMED
Division V
Opinion by JUDGE RUSSEL
Graham and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1590
Adams County District Court No. 06CR878
Honorable Francis C. Wasserman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Benjamin Marquez,
Defendant-Appellant.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division A
Opinion by CHIEF JUDGE DAVIDSON
Criswell* and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1699
El Paso County District Court No. 06CR1175
Honorable David S. Prince, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jerome Christopher Hooks,
Defendant-Appellant.
Judgment affirmed and case
remanded with directions
Division III
Opinion by JUDGE ROY
Richman and Rovira*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2197
Pueblo County District Court Nos. 97CR1609 & 98CR249
Honorable Jill Mattoon, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Rudy Saiz,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Roy, Loeb, and Russel, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2298
Fremont County District Court No. 07CV287
Honorable Stephen A. Groome, Judge
Pedro Nival,
Plaintiff-Appellant,
v.
Colorado Department of Corrections,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE GABRIEL
Casebolt and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0960
La Plata County District Court Nos. 07PR41 & 07PR52
Honorable David Linwood Dickinson, Judge
In the Matter of the Estates of Jewell I. Gomez, deceased, and Ernest Arthur Gomez, deceased.
Georgia Janella Jarvis, and Alver George Hudgens,
Petitioners-Appellants and Cross-Appellees,
v.
Cynthia Ranson-Gomez,
Respondent-Appellee and Cross-Appellant.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE CASEBOLT
Gabriel and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1287
Pueblo County District Court No. 07CV1591
Honorable Rosalie Vigna, Judge
Honorable Deborah Eyler, Judge
Jeffery Sims and Martha Sims,
Plaintiffs-Appellees,
v.
James Dreibholz,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE CASEBOLT
Gabriel and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1486
Chaffee County District Court No. 06CV29
Honorable Charles M. Barton, Judge
John M. Cogswell and Ann F. Cogswell,
Plaintiffs-Appellants,
v.
Ronald J. Oehl,
Defendant-Appellee.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE BOORAS
Casebolt and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2319
El Paso County District Court No. 08JV1333
Honorable Kirk S. Samelson, Judge
Honorable Robert C. Erler, Magistrate
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of A.M. and N.T., Children,
and Concerning A.W.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division A
Opinion by CHIEF JUDGE DAVIDSON
Criswell* and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2540
City and County of Denver Juvenile Court No. 08JV612
Honorable Donna J. Schmalberger, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of J.D.J., a Child,
and Concerning A.U.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division A
Opinion by JUDGE CRISWELL*
Davidson, C.J., and Plank*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2658
Jefferson County District Court No. 08JV1034
Honorable Brian D. Boatright, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of K.A.G. and H.J.B., Children,
and Concerning K.D.G.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division A
Opinion by JUDGE PLANK*
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. 06CA1880
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael William Pierson,
Defendant-Appellant.
Petition for Rehearing DENIED
Connelly, J., would GRANT
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0550
El Paso County District Court No. 04CV3147
Honorable Kirk Stewart Samelson, Judge
Widefield School District No. 3 in the County of El Paso, State of Colorado,
Plaintiff-Appellee,
v.
Edward Tyler, an individual; Kimberly Tyler-James, an individual; and Leadership Preparatory Academy of Colorado Springs,
Defendants-Appellants.
Opinion Modified and
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1197
Ronald Cordova,
Plaintiff-Appellant,
v.
Lt. T. Ritter, R. Steinbeck, Maj. T. Filer, Maj. E Jaramillo, Nurse D. Howe, and Att. General John Suthers,
Defendants-Appellees.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1537
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Scott McNally,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0061
Richard Martinez,
Plaintiff-Appellant,
v.
Kevin Milyard, Warden, Sterling Correctional Facility,
Defendant-Appellee.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0710
M.T.,
Petitioner-Appellee,
v.
The People of the State of Colorado,
Respondent-Appellant.
Petition for Rehearing DENIED
Webb, J., would GRANT
Court of Appeals No. 09CA0779
Gary Alexander and Maureen Alexander,
Plaintiffs-Appellants,
and
Paul Gordon, LLC and Paul Gordon,
Attorneys-Appellants,
v.
Patricia Jo Stone and Patricia Jo Stone, P.C.,
Defendants-Appellees.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0882
Alice Watson, f/k/a Alice Watson-Cox,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; Colorado Casino Resorts, Inc., d/b/a Double Eagle; and Pinnacol Assurance,
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.