ANNOUNCEMENTS
COLORADO COURT OF APPEALS
August 19, 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. 07CA2324
Fremont County District Court Nos. 05CR417, 05CR526, and 06CR260
Honorable Julie G. Marshall, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
James Wylie,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division II
Opinion by JUDGE TERRY
Court of Appeals No. 09CA0083
Jefferson County District Court No. 06CR97
Honorable R. Brooke Jackson, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Charlotte Carmen Bowerman,
Defendant-Appellant.
ORDER AFFIRMED
Division VII
Opinion by JUDGE BERNARD
Connelly, J., concurs
Lichtenstein, J., dissents
Court of Appeals No. 09CA0162
Arapahoe County District Court No. 05CV2518
Honorable Elizabeth A. Weishaupl, Judge
Yale A. Fisher,
Plaintiff-Appellant,
v.
Community Banks of Colorado, Inc.,
Defendant-Appellee.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE CONNELLY
Lichtenstein and Kapelke*, JJ., concur
Court of Appeals No. 09CA0690
Douglas County District Court No. 04DR876
Honorable Angela R. Arkin, Judge
In re the Marriage of
Leslie Fanelli Kanefsky,
and
Barry Kanefsky,
Appellee,
and Concerning Kerry Fremerman and Judith Fremerman, Co-conservators,
Appellants.
APPEAL STAYED
Division IV
Opinion by JUDGE HAWTHORNE
Dailey and Carparelli, JJ., concur
Court of Appeals No. 09CA1071
Douglas County District Court No. 08CV3181
Honorable Vincent R. White, Judge
Estate of Albert F. Grimm, deceased,
Plaintiff-Appellant,
v.
John M. Evans,
Defendant-Appellee.
ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE RUSSEL
Graham and Lichtenstein, JJ., concur
Court of Appeals No. 09CA1081
Rio Blanco County District Court No. 06CV37
Honorable James B. Boyd, Judge
Whiting Oil and Gas Corporation, f/k/a Equity Oil Company,
Plaintiff-Appellee,
v.
Atlantic Richfield Company,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE BOORAS
Román, J., concurs
Roy, J., dissents
Court of Appeals No. 09CA1622
Colorado State Personnel Board No. 2009B025
Todd Vecellio,
Complainant-Appellee,
v.
The Regents of the University of Colorado, University of Colorado at Colorado Springs, and University Police,
Respondents-Appellants,
and
Colorado State Personnel Board,
Appellee.
ORDER AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE FURMAN
Casebolt and Terry, JJ., concur
Court of Appeals No. 09CA1690
Larimer County District Court No. 07CV831
Honorable Gregory M. Lammons, Judge
Steward Software Company, LLC,
Plaintiff-Appellee and Cross-Appellant,
v.
Richard Kopcho,
Defendant-Appellant and Cross-Appellee.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
VACATED IN PART AND CASE REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE GABRIEL
Nieto*, J., concurs
Webb, J., concurs in part and dissents in part
Court of Appeals No. 09CA1997
City and County of Denver District Court No. 08CV5124
Honorable Catherine A. Lemon, Judge
Morris-Schindler, LLC, a Colorado limited liability company, d/b/a Roslyn Grill,
Plaintiff-Appellant,
v.
City and County of Denver, a political subdivision of the State of Colorado, by and through The Office of the Director of Excise and Licenses, acting as local licensing authority,
Defendant-Appellee.
Order affirmed in part, reversed in part,
and case remanded with directions
Division III
Opinion by JUDGE ROY
Booras and Kapelke*, JJ., concur
Court of Appeals Nos. 09CA2059 & 09CA2552
City and County of Denver District Court No. 09CV4529
Honorable Norman D. Haglund, Judge
Braata, Inc., d/b/a City Wide Maintenance of Denver,
Plaintiff-Appellee,
v.
Oneida Cold Storage Company, LLP,
Defendant-Appellant.
ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS
Division A
Opinion by CHIEF JUDGE DAVIDSON
Webb and Nieto*, JJ., concur
Court of Appeals No. 09CA2184
Arapahoe County District Court No. 07CV1527
Honorable Carlos A. Samour, Judge
AC Excavating, Inc., a Colorado corporation,
Plaintiff-Appellant,
v.
Donald A. Yale,
Defendant-Appellee.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE LICHTENSTEIN
Bernard, J., concurs
Connelly, J., dissents
Court of Appeals No. 10CA0079
Garfield County District Court No. 09CR449
Honorable Denise K. Lynch, Judge
The People of the State of Colorado,
Plaintiff-Appellant,
v.
Gregg Alan Maclaren,
Defendant-Appellee.
JUDGMENT AFFIRMED IN PART, VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE BOORAS
Roy and Kapelke*, 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. 07CA2374
Douglas County District Court No. 05CR421
Honorable Nancy A. Hopf, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Casey Albert Baker,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE FURMAN
Casebolt and Terry, JJ., concur
Court of Appeals No. 08CA0417
Jefferson County District Court No. 06CR3314
Honorable Stephen M. Munsinger, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael Lopez,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE GABRIEL
Webb and Russel, JJ., concur
Court of Appeals No. 08CA0418
City and County of Denver District Court No. 07CR759
Honorable Morris B. Hoffman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Wesley Lewis Stoltz,
Defendant-Appellant.
Opinion by JUDGE HAWTHORNE
Carparelli and Plank*, JJ., concur
Court of Appeals No. 08CA0970
Pueblo County District Court No. 98CR1048
Honorable David A. Cole, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Henry Trujillo,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE GABRIEL
Webb and Russel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1259
El Paso County District Court No. 07CR458
Honorable Barney Iuppa, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Randy Rico Wright,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division I
Opinion by JUDGE RICHMAN
Taubman and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1415
Adams County District Court No. 06CR1140
Honorable Francis C. Wasserman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Arthur Wilson Hageman,
Defendant-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE DAILEY
Carparelli and Hawthorne, JJ., concur
Court of Appeals No. 08CA2712
Arapahoe County District Court No. 07CR1169
Honorable Valeria N. Spencer, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Anthony Donald Tafoya,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE HAWTHORNE
Carparelli and Plank*, JJ., concur
Court of Appeals No. 09CA0737
Garfield County District Court No. 08CR5
Honorable Paul A. King, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael H. Nastiuk,
Defendant-Appellant.
Opinion by JUDGE HAWTHORNE
Carparelli and Rovira*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0994
Fremont County District Court No. 08CV301
Honorable Stephen A. Groome, Judge
Carl W. Pursley, Jr.,
Plaintiff-Appellant,
v.
Executive Director of the Colorado Department of Corrections and Warden of the Colorado State Penitentiary,
Defendant-Appellee.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division I
Opinion by JUSTICE ROVIRA*
Taubman and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1086
Larimer County District Court No. 02CV1259
Honorable Gregory M. Lammons, Judge
Mary A. Gallegos,
Plaintiff-Appellant,
v.
George N. Wallace and Nancy L. Wallace,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
J. Jones and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1111
Jefferson County District Court No. 08CV2360
Honorable Philip J. McNulty, Judge
Thomas Clark,
Plaintiff-Appellant,
v.
Wesley Broderius,
Defendant-Appellee.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE ROMán
Roy and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1413
El Paso County District Court No. 08CV2681
Honorable Ronald G. Crowder, Judge
Laure Kenyon,
Plaintiff-Appellant,
v.
Deere and Company and John Deere Agri Services, Inc.,
Defendants-Appellees.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE CASEBOLT
Furman and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1878
City and County of Denver District Court No. 03CR2350
Honorable Lawrence A. Manzanares, Judge
Honorable Michael A. Martinez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Clarence King,
Defendants-Appellant.
ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE TAUBMAN
J. Jones and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1979
Weld County District Court No. 03CR742
Honorable Marcelo A. Kopcow, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Paul Luna Vasquez,
Defendant-Appellant.
ORDERS AFFIRMED
Loeb, Román, and Terry, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1981
Jefferson County District Court No. 03CR38
Honorable Jane A. Tidball, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Alan Wayne Gockley,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Webb, Carparelli, and Terry, JJ.
PER CURIAM
Court of Appeals No. 09CA1999
El Paso County District Court No. 04DR500
Honorable Gilbert A. Martinez, Judge
In re the Marriage of
Sean T. Valenti,
Appellant,
and
Catherine R. Valenti,
Appellee.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE ROMÁN
Roy and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2155
Jefferson County District Court No. 07CV2054
Honorable Tamara S. Russell, Judge
Michael Paslay and Rose Ann Paslay,
Defendants-Appellants,
v.
James Barbachano, Alicia Barbachano, and Jo Ann Poole,
Defendants-Appellees.
ORDER REVERSED
Division VII
Opinion by JUDGE LICHTENSTEIN
Bernard and Connelly, JJ., concur
Court of Appeals No. 09CA2292
Boulder County District Court No. 92CR612
Honorable Roxanne Bailin, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Dennis Dale Dunann,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Webb, Carparelli, and Terry, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2302
Mesa County District Court No. 08CV427
Honorable David A. Bottger, Judge
Board of County Commissioners of Mesa County, State of Colorado,
Plaintiff-Appellee,
v.
Stan Eisenach,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE LICHTENSTEIN
Bernard and Connelly, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2341
Jefferson County District Court No. 08CV3699
Honorable Jane A. Tidball, Judge
Dale M. Long, Jr.,
Plaintiff-Appellant,
v.
A & K Inspection Services, Inc.,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE ROMán
Roy and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2487
Jefferson County District Court No. 09CV2888
Honorable Jack W. Berryhill, Judge
State Farm Mutual Auto Insurance Company,
Plaintiff-Appellee,
v.
Jefferson County Board of Commissioners,
Defendant-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE TERRY
Casebolt and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2494
Adams County District Court No. 08DR2273
Honorable Thomas R. Ensor, Judge
In re the Marriage of
Kirk Vanderbeek,
Appellee,
and
Chelsea Rose,
Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE PLANK*
Carparelli and Hawthorne, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2705
Arapahoe County District Court No. 08DR2929
Honorable Kara C. Martin, Judge
In re the Marriage of
Cassandra Ballez,
Appellant,
and
Don Ballez,
Appellee,
and Concerning Tammy Ballez,
Intervenor-Appellee.
JUDGMENT AFFRIMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE CONNELLY
Lichtenstein, J., concurs
Bernard, J., specially concurs
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2760
City and County of Denver District Court No. 07CR10474
Honorable Sheila A. Rappaport, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Vandale Taylor,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Webb, Carparelli and Terry, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0166
Industrial Claim Appeals Office of the State of Colorado
DD No. 20195-2009
Esty Ranch, Inc.,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Division of Employment and Training,
Respondents.
ORDER AFFIRMED
Division V
Opinion by JUDGE RUSSEL
Webb and Gabriel, JJ., concur
Court of Appeals No. 10CA0324
Arapahoe County District Court No. 95CR646
Honorable Thomas C. Levi, Judge
The People of the State of Colorado,
Plaintiff-Appellant,
v.
Alan D. Sudduth,
Defendant-Appellee.
ORDER REVERSED
Division A
Opinion by JUDGE CONNELLY
Webb and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0581
City and County of Denver Juvenile Court No. 08JV1805
Honorable Donna J. Schmalberger, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of X.M.R., Child,
and Concerning S.N.M,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE PLANK*
Davidson, C.J., and Ney*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0723
Jefferson County District Court No. 09JV701
Honorable Brian D. Boatright, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of J.F., Child,
and Concerning C.F.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE NEY*
Davidson, C.J., and Plank*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1214
Industrial Claim Appeals Office of the State of Colorado
DD No. 12854-2010
Richard L. Maki,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Dish Factory Direct, Inc.,
Respondents.
ORDER AFFIRMED
Division III
Opinion by JUDGE BOORAS
Roy and Román, 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. 09CA1874
In the Interest of B.B.O., a Child,
Virginia Olds,
Petitioner-Appellee,
and
Gay Lakay Berry,
Respondent-Appellant.
Court of Appeals No. 09CA2787
Eddie I. Medina,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Colorado State Department of Health Care,
Respondents.
*Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, § 5(3), and § 24-51-1105, C.R.S. 2009.