P U B L I S H E D O P I N I O N S
Court of Appeals No. 08CA1027
El Paso County District Court No.
06CR5863
Honorable Thomas L. Kennedy,
Judge
Honorable Timothy J. Simmons, Judge
The People of the State of
Colorado,
Plaintiff-Appellee,
v.
Chad Richard Thornton,
Defendant-Appellant.
JUDGMENT
AFFIRMED
Division V
Opinion by JUDGE TERRY
Graham and Román, JJ., concur
Court of Appeals No. 09CA0167
Logan County District Court No. 07CR12
Honorable John C. Penny, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Alejandro Garcia,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED IN PART,
VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE MILLER
Booras, J., concurs
Webb, J., specially concurs
Court of Appeals No. 09CA0798
El Paso County District Court No. 07CV4771
Honorable Larry E. Schwartz, Judge
Metal Management West, Inc., a Colorado corporation, d/b/a Sims Metal Management, LTD,
Plaintiff-Appellant,
v.
State of Colorado; John R. Newsome, District Attorney for the 4th Judicial District of the State of Colorado; City of Colorado Springs, a municipal corporation; Terry Maketa, Sheriff of El Paso County, Colorado; Richard W. Myers, Chief of the Colorado Springs Police Department; and Colonel Mark V. Trostel, Chief of the Colorado State Patrol,
Defendants-Appellees.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE RICHMAN
Taubman and Ney*, JJ., concur
Court of Appeals Nos. 09CA1322 & 09CA2181
City and County of Denver District Court No. 08CV6586
Honorable Brian Whitney, Judge
Leggett & Platt, Inc., a Missouri corporation; and The Gap, Inc.,
Plaintiffs-Appellants,
v.
Maria Ostrom, in her official capacity as Interim Finance Director and City Treasurer of the City of Thornton; and the City of Thornton, a municipal corporation,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE GRAHAM
Román and Terry, JJ., concur
Court of Appeals No. 09CA1394
Lincoln County District Court No. 09CV2
Honorable Stanley A. Brinkley, Judge
Clayton B. Phillips,
Plaintiff-Appellant,
v.
Executive Director, Colorado Department of Corrections,
Defendant-Appellee.
JUDGMENT AFFIRMED IN PART AND REVERSED IN PART
Division A
Opinion by JUDGE STERNBERG*
Davidson, C.J., and Criswell*, J., concur
Court of Appeals No. 09CA1659
Jefferson County District Court No. 07CV6834
Honorable Christopher J. Munch, Judge
Faye Griffin, in her official capacity as Treasurer of Jefferson County; and Board of County Commissioners of Jefferson County,
Plaintiffs-Appellees and Cross-Appellants,
v.
Capital Securities of America, Inc.; Jerry Manning; and Adam Alves,
Defendants-Appellants and Cross-Appellees.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE WEBB
Miller and Booras, JJ., concur
Court of Appeals No. 09CA1966
Adams County District Court No. 07CV1568
Honorable Katherine R. Delgado, Judge
Chad Carter,
Plaintiff-Appellant,
v.
Brighton Ford, Inc.,
Defendant-Appellee.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE GRAHAM
Loeb and Miller, JJ., concur
Court of Appeals No. 09CA2290
El Paso County District Court No. 02DR1726
Honorable Jann P. Dubois, Judge
In re the Marriage of
Brad Hein,
Appellee,
and
Amber Hein, n/k/a Amber Farrer,
Appellee,
and Concerning El Paso County Child Support Enforcement Unit,
Intervenor-Appellant.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE BOORAS
Webb and Miller, JJ., concur
Court of Appeals No. 10CA0210
Jefferson County District Court No. 08JA161
Honorable Brian D. Boatright, Judge
In re the Petition of S.D.,
Petitioner-Appellant,
and Concerning R.M.S. and K.R.S.,
Respondents-Appellees.
ORDERS AFFIRMED
Division V
Opinion by JUDGE ROMán
Graham and Terry, JJ., concur
U N P U B L I S H E D O P I N I O N S
Court of Appeals Nos. 04CA2576 & 05CA1329
Jefferson County District Court No. 01CR461
Honorable Jack W. Berryhill, Judge
The People of the State of Colorado,
Plaintiff-Appellee and Cross-Appellant,
v.
Wesley Craig Nelson,
Defendant-Appellant and Cross-Appellee.
JUDGMENT AFFIRMED, ORDER AFFIRMED IN PART AND REVERSED
IN PART, AND CASE REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE BERNARD
Lichtenstein and Connelly, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 06CA1204
Arapahoe County District Court No. 04CR2276
Honorable Vincent R. White, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Johnny Lee Castillo,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUSTICE ROVIRA*
Furman and Connelly, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA0833
Adams County District Court No. 05CR2278
Honorable Katherine R. Delgado, Judge
Honorable C. Vincent Phelps, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Javier Vigil,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division II
Opinion by JUDGE CASEBOLT
Furman and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA1067
City and County of Denver District Court Nos. 00CR3757 & 01CR2303
Honorable Anne M. Mansfield, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael Robert Lynch,
Defendant-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE CARPARELLI
Dailey and Hawthorne, JJ., concur
Court of Appeals No. 07CA2329
City and County of Denver County District Court No. 06CR7000
Honorable Morris B. Hoffman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Luis Adolfo Garcia,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division IV
Opinion by JUDGE CARPARELLI
Hawthorne and Plank*, JJ., concur
Court of Appeals No. 08CA0242
City and County of Denver Probate Court No. 00PR225
Honorable C. Jean Stewart, Judge
In the Matter of John S. Holt, Successor Trustee of the Trust Created By Sophia H. Scott and William C. Scott, Trust Registration No. 12,829, and Trustee of the Scott Family Trust,
Mark A. Scott,
Petitioner-Appellee and Cross-Appellant,
v.
Samuel C. Scott,
Respondent-Appellant and Cross-Appellee.
--------------------AND--------------------
City and County of Denver Probate Court No. 00PR620
Honorable C. Jean Stewart, Judge
In the Matter of the Estate of William C. Scott, Deceased,
Mark A. Scott,
Petitioner-Appellee,
v.
Samuel C. Scott,
Respondent-Appellant.
JUDGMENTS AFFIRMED IN PART, REVERSED IN PART,
VACATED IN PART, AND CASES REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE CARPARELLI
Bernard and Rovira*, JJ., concur
Court of Appeals No. 08CA0419
Mesa County District Court No. 07CR577
Honorable Richard T. Gurley, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Timothy Paul Beeson,
Defendant-Appellant.
Judgment Affirmed In Part, Vacated in
Part, and case remanded with directions
Division II
Opinion by JUDGE Sternberg*
Hawthorne and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0776
El Paso County District Court No. 00CR4122
Honorable G. David Miller, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Corey Arnett Johnson,
Defendant-Appellant.
ORDER AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE WEBB
Miller and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0796
El Paso County District Court No. 07CR566
Honorable J. Patrick Kelly, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Oliver Newell,
Defendant-Appellant.
JUDGMENT AND
SENTENCES AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE TERRY
Casebolt, J., concurs
Furman, J., specially concurs
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1025
El Paso County District Court No. 02CR1251
Honorable Thomas L. Kennedy, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Chad Richard Thornton,
Defendant-Appellant.
ORDER REVERSED AND
CASE
REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE TERRY
Graham and Román, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1385
Arapahoe County District Court No. 05CR1591
Honorable Michael J. Spear, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Mario Antonio Vigil,
Defendant-Appellant.
JUDGMENT AFFIRMED IN PART
AND VACATED IN PART
Division IV
Opinion by JUDGE DAILEY
Criswell*, J., concurs
Carparelli, J., concurs in part and dissents in part
Court of Appeals No. 08CA1547
City and County of Denver District Court No. 07CR4169
Honorable Martin F. Egelhoff, Judge
Honorable Brian R. Whitney, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Cheairia Feemster,
Defendant-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE CONNELLY
Carparelli and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2605
Washington County District Court No. 07CR32
Honorable Kenneth E. Barnhill, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Edward D. Swank,
Defendant-Appellant.
Sentences and Orders Affirmed
Division II
Opinion by JUDGE ROY
Hawthorne and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals Nos. 09CA0188 & 09CA0709
Jefferson County District Court No. 07CR2994
Honorable Christopher J. Munch, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Hidai Friedman,
Defendant,
and Concerning International Fidelity Insurance Company, Bail Insurance Company and Randy Riggan,
Sureties-Appellants.
Orders and Judgment Affirmed
Division VII
Opinion by JUDGE BERNARD
Lichtenstein and Connelly, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0519
Jefferson County District Court No. 01CR2509
Honorable Lily W. Oeffler, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Baruch Joseph Bachofer,
Defendant-Appellant.
SENTENCE AFFIRMED
Division B
Webb, Carparelli, Loeb, JJ.
PER CURIAM
Court of Appeals No. 09CA1489
Weld County District Court No. 08CR2378
Honorable James F. Hartmann, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kenneth Richard Smith,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUSTICE ROVIRA*
Furman and Connelly, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1614
City and County of Denver District Court No. 08CV1472
Honorable Catherine A. Lemon, Judge
Honorable R. Michael Mullins, Judge
Brooke Banbury and Mary Jo Banbury,
Plaintiffs-Appellants,
v.
Docuvault Colorado, LLC; Docuvault Group, LLLP, f/k/a Docuvault Group, LLC; Bowen W. Banbury; and Lana P. Banbury,
Defendants-Appellees.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE CONNELLY
Furman and Rovira*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1615
City and County of Denver District Court Nos. 07CV7375, 07CV7543 & 08CV1472
Honorable Catherine A. Lemon, Judge
Honorable R. Michael Mullins, Judge
Docuvault Group, LLLP; Bowen W. Banbury; and Docuvault Colorado, LLC,
Plaintiffs-Appellees,
v.
Brooke Banbury and Mary Jo Banbury,
Defendants-Appellants.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE CONNELLY
Furman and Rovira*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1887
Park County District Court No. 07CV286
Honorable Stephen A. Groome, Judge
South Hartsel Grazing Association, a Colorado corporation,
Plaintiff-Appellee,
v.
Wagner-Meyers Enterprises, LLC, a Colorado limited liability company; Cross Slash Ranch, LLC, a Colorado limited liability company; and Vernon E. Wagner,
Defendants-Appellants.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE ROY
Hawthorne and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1983
Jefferson County District Court No. 04CR288
Honorable Stephen M. Munsinger, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Rodney R. Valenzuela,
Defendant-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE MILLER
Webb and Ney*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2114
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-774-216
La Farge Construction, Inc. and Insurance Company of Pennsylvania,
Petitioners,
v.
Industrial Claim Appeals Office of the State of Colorado and Frank Almeda,
Respondents.
ORDER AFFIRMED IN PART AND SET ASIDE IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE MILLER
Webb and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2228
Mesa County District Court No. 00CR971
Honorable Richard T. Gurley, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Anthony Joe Gomez,
Defendant-Appellant.
ORDER AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE FURMAN
Connelly and Rovira*, JJ., concur
Court of Appeals No. 09CA2345
Mesa County District Court No. 08CV337
Honorable David A. Bottger, Judge
Paul Gordon,
Attorney-Appellant,
v.
Joseph Coleman,
Defendant-Appellee.
ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE CONNELLY
Carparelli and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2612
Weld County District Court No. 09CV704
Honorable James F. Hartmann, Judge
Carl Allen Nakagawa,
Plaintiff-Appellant,
v.
North Range Behavioral Health,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE BOORAS
Webb and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2751
Fremont County District Court No. 09DR213
Honorable Robert Freeman, Magistrate
April Dawn Boettler, f/k/a April Dawn Nelson,
Appellant,
v.
Jay Tee Nelson,
Appellee,
and Concerning Fremont County Department of Human Services, Child Support Enforcement Unit,
Appellee.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE J. JONES
Dailey and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0724
Jefferson County District Court No. 08JV180
Honorable Brian D. Boatright, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of F.C. and B.L.G., Children,
and Concerning M.D.S.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
Casebolt and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0864
Industrial Claim Appeals Office of the State of Colorado
DD No. 3729-2010
Nathan R. Medenwaldt,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Safeway Stores Inc.,
Respondents.
ORDER AFFIRMED
Division C
Hawthorne, Bernard, and Lichtenstein, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0869
City and County of Denver Juvenile Court No. 08JV1702
Honorable Donna J. Schmalberger, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of J.A.M., a Child,
and Concerning M.S.H.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE CASEBOLT
Taubman and Bernard, JJ., concur
Court of Appeals No. 10CA0910
City and County of Denver Juvenile Court No. 08JV1193
Honorable Donna J. Schmalberger, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of O.M.M., a Child,
and Concerning K.L.M.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE BERNARD
Taubman and Casebolt, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0937
Industrial Claim Appeals Office of the State of Colorado
DD No. 33518-2009
Lori J. Roberts,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and SSI Venture, LLC,
Respondents.
ORDER AFFIRMED
Division C
Hawthorne, Bernard, and Lichtenstein, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1123
Industrial Claim Appeals Office of the State of Colorado
DD No. 7399-2010
Julie A. Gonzales,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Kaiser Foundation Heath Plan,
Respondents.
ORDER AFFIRMED
Division C
Hawthorne, Bernard, and Lichtenstein, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1128
Industrial Claim Appeals Office of the State of Colorado
DD No. 2798-2010
Pedro C. Estrada,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Caterpillar, Inc.,
Respondents.
ORDER AFFIRMED
Division C
Hawthorne, Bernard, and Lichtenstein, JJ.
PER CURIAM
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. 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.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0994
Carl W. Pursley, Jr.,
Plaintiff-Appellant,
v.
Executive Director of the Colorado Department of Corrections and Warden of the Colorado State Penitentiary,
Defendant-Appellee.
Petition for Rehearing DENIED
Court of Appeals No. 09CA1368
CB Richard Ellis, Inc., a Delaware corporation,
Petitioner-Appellant,
v.
CLGP, LLC,
Respondent-Appellee,
and
Robert Hatch, Esq., and Gesco Corporation,
Garnishees-Appellees.
Petition for Rehearing DENIED
Court of Appeals No. 09CA1696
Decoca Eddins and Nathanial Eddins,
Plaintiffs-Appellants,
v.
Colorado Department of Transportation,
Defendant-Appellee.
Petition for Rehearing DENIED
*Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, § 5(3), and § 24-51-1105, C.R.S. 2010.