ANNOUNCEMENTS
COLORADO COURT OF APPEALS
April 29, 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. 07CA1998
Jefferson County District Court No. 06CR483
Honorable Christopher J. Munch, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Joshua David Gess,
Defendant-Appellant.
CASE REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE RUSSEL
Graham and Sternberg*, JJ., concur
Court of Appeals No. 08CA2192
Weld County District Court No. 07CV645
Honorable Roger A. Klein, Judge
Honorable Daniel S. Maus, Judge
G&A Land, LLC, Jacob J. Dawson, and Betty L. Dawson,
Plaintiffs-Appellants,
v.
The City of Brighton,
Defendant-Appellee.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE ROTHENBERG*
Hawthorne and Lichtenstein, JJ., concur
Court of Appeals No. 09CA0848
City and County of Denver Juvenile Court No. 08JD1190
Honorable Karen M. Ashby, Judge
Honorable Gaspar Perricone, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of A.D.T.,
Juvenile-Appellant.
JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE GABRIEL
Casebolt and Booras, JJ., concur
Court of Appeals No. 09CA0956
Boulder County District Court No. 08CV27
Honorable M. Gwyneth Whalen, Judge
Newflower Market, Inc.,
Plaintiff-Appellee,
v.
Elizabeth C. Cook,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE HAWTHORNE
Taubman and Furman, 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. 06CA1683
City and County of Denver District Court No. 05CR5405
Honorable Shelley I. Gilman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Innis Lee Collins,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE WEBB
Terry and Connelly, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0455
City and County of Denver District Court No. 07CR10209
Honorable Anne M. Mansfield, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Larry Timothy Young,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE WEBB
Terry and Connelly, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0541
Jefferson County District Court No. 07CR24
Honorable M. J. Menendez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Steven Dale Swank,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division I
Opinion by JUDGE FURMAN
Taubman and Hawthorne, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1261
El Paso County District Court No. 01CR1334
Honorable David L. Shakes, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Cesar A. Chan,
Defendant-Appellant.
ORDER AFFIRMED
Division I
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2037
Weld County District Court No. 08CR31
Honorable James F. Hartmann, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Paul C. Romero,
Defendant-Appellant.
JUDGMENT 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. 08CA2478
Adams County District Court No. 07CR3042
Honorable Chris Melonakis, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Aaron Jahbar Delaney,
Defendant-Appellant.
JUDGMENT AFFIRMED, SENTENCE REVERSED,
AND CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE TERRY
Webb and Connelly, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2518
Garfield County District Court No. 89CR135
Honorable Dennis Friedrich, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Mark Stephen Dolan,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Casebolt, Hawthorne, and Miller, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0310
City and County of Denver District Court No. 05CR1346
Honorable Sheila A. Rappaport, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Allegria Morrison,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Casebolt, Hawthorne, and Miller, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0664
Arapahoe County District Court No. 08DR191
Honorable J. Mark Hannen, Judge
In re the Marriage of
Sherry L. Parkinson,
Appellee,
and
Joseph A. Parkinson,
Appellant.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE TERRY
Webb and Connelly, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0922
Weld County District Court No. 07DR1410
Honorable Julie C. Hoskins, Judge
In re the Marriage of
Sharon Talley-Socher,
Appellant and Cross-Appellee,
and
Ralf Socher,
Appellee and Cross-Appellant.
ORDERS AFFIRMED IN PART, VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE WEBB
Terry and Connelly, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0936
El Paso County District Court No. 03CV3522
Honorable G. David Miller, Judge
BA Mortgage, LLC,
Plaintiff-Appellee,
v.
Quail Creek Condominium Association, Inc.,
Defendant-Appellant.
Order VACATED and case
remanded with directions
Division III
Opinion by JUDGE ROY
Dailey and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1064
Boulder County District Court No. 08CV329
Honorable Roxanne Bailin, Judge
TransFirst, LLC,
Plaintiff-Appellant,
v.
Martin Daskal, a/k/a Barry Daskal,
Defendant-Appellee.
ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE TERRY
Webb and Connelly, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1110
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-570-204
Annie M. Gauvin,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado, Microfilm & Imaging of Durango, and State Farm Fire & Casualty Company,
Respondents.
ORDER 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. 09CA1357
City and County of Denver District Court No. 04CR3538
Honorable William D. Robbins, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Raul Hurtado Marquez,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Casebolt, Hawthorne, and Miller, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2074
Mesa County District Court No. 08DR629
Honorable Brian J. Flynn, Judge
In re the Marriage of
Nicole Krauss,
Appellee,
and
Justin Krauss,
Appellant.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
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. 09CA2334
Morgan County District Court No. 08JV16
Honorable Kevin L. Hoyer, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of K.K., K.K., and A.K., Children,
and Concerning M.K. and D.K.,
Respondents-Appellants.
JUDGMENT AFFIRMED
Division V
Opinion by: JUDGE LICHTENSTEIN
Graham and Márquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2638
Eagle County District Court No. 08JV51
Honorable Russell Holton Granger, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of A.G., a Child,
and Concerning L.N.M.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE DAILEY
Roy and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2722
Montrose County District Court No. 09JV37
Honorable James Schum, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of S.M., Jr., Child,
and Concerning S.M., Sr. and S.R.G.,
Respondents-Appellants.
JUDGMENT AFFIRMED IN PART AND REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE GABRIEL
Casebolt and Booras, 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. 08CA2022
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Simon Ewing Sue,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2078
The People of the State of Colorado,
Plaintiff-Appellee
v.
Robert Lawrence Orner,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2649
Gerald Lewis,
Plaintiff-Appellant,
v.
Robert Swenson; Bruce Anderson; Judith Anderson, individually and as Trustee of the Judith A. Anderson Trust dated September 9, 1999; Spring Creek Ranchers Association, Inc., a Colorado nonprofit corporation; Bruce Edward Anderson Trust under trust document February 12, 1987;
Victor Boog; Victor F. Boog & Associates, P.C., a Colorado professional corporation,
Defendants-Appellees.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1486
John M. Cogswell and Ann F. Cogswell,
Plaintiffs-Appellants,
v.
Ronald J. Oehl,
Defendant-Appellee.
Opinion Modified and
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.