ANNOUNCEMENTS
COLORADO COURT OF APPEALS
October 14, 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. 07CA1782
City and County of Denver District Court No. 06CR5084
Honorable Shelley I. Gilman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Juan G. Loyas,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division I
Opinion by JUDGE BERNARD
Taubman and Casebolt, JJ., concur
Court of Appeals No. 08CA0217
El Paso County District Court No. 06CR2190
Honorable Barney Iuppa, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Demetrius Herron,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED IN PART, VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by CHIEF JUDGE DAVIDSON
Plank* and Nieto*, JJ., concur
Court of Appeals No. 09CA1314
Weld County District Court No. 07CV1084
Honorable Roger A. Klein, Judge
Preston Bolinger; Blythe Bolinger; Dave Mathiesen; Brenda Shelton; Edwin Coulter; Donna Coulter; Glenn Wollam; Bonnie Schoenstein; and Mill Creek Subdivision Homeowners Association, a Colorado nonprofit corporation,
Plaintiffs-Appellants and Cross-Appellees,
v.
Dennis Neal and Plains View Development, LLC, a Colorado limited liability company,
Defendants-Appellees and Cross-Appellants,
and
Walt DeWolf; Carol DeWolf; and Colorado Open Lands, a Colorado nonprofit corporation,
Defendants-Appellees.
JUDGMENT AND ORDERS AFFIRMED IN PART,
REVERSED IN PART, VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE WEBB
Miller and Booras, JJ., concur
Court of Appeals No. 09CA2179
Otero County District Court No. 05CV153
Honorable M. Jon Kolomitz, Judge
Christopher Roinestad and Gerald Fitz-Gerald,
Plaintiffs-Appellants,
v.
Tim Kirkpatrick, d/b/a Hog’s Breath Saloon & Restaurant,
Defendant,
and
Mountain States Mutual Casualty Company,
Defendant and Garnishee-Appellee.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE GABRIEL
Hawthorne and Sternberg*, 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. 07CA1653
Adams County District Court No. 06CR1969
Honorable C. Scott Crabtree, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Romaldo Gamabarron, a/k/a Esteban Douglas,
Defendant-Appellant.
JUDGMENT AFFIRMED IN PART, VACATED 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. 07CA2417
City and County of Denver District Court No. 06CR4639
Honorable Anne M. Mansfield, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
David M. Robredo,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE RUSSEL
Webb and Gabriel, JJ., concur
Court of Appeals No. 08CA0191
Mesa County District Court No. 06CR1916
Honorable Valerie J. Robison, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Erica D. Jarrett,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE FURMAN
Casebolt and Terry, JJ., concur
Court of Appeals No. 08CA0244
Jefferson County District Court No. 06CR2861
Honorable M.J. Menendez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Vincent Roy Margera,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE CASEBOLT
Taubman and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0714
Jefferson County District Court No. 06CR3719
Honorable Tamara S. Russell, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Franklin Gerald Alexander,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division VII
Opinion by JUDGE RUSSEL
Richman and Criswell*, JJ., concur
Court of Appeals No. 09CA1245
Douglas County District Court No. 08CR391
Honorable Paul A. King, Judge
Honorable Vincent R. White, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Omar Jeremy Gent,
Defendant-Appellant.
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. 09CA2101
City and County of Denver District Court No. 06CR1052
Honorable Christina M. Habas, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ritchie A. Gomez,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Taubman, Dailey, and Connelly, JJ.
PER CURIAM
Court of Appeals No. 09CA2117
Boulder County District Court No. 02CR1364
Honorable Morris W. Sandstead, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Charles J. Shirley, Jr.,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Taubman, Dailey, and Connelly, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2269
City and County of Denver District Court No. 08CV1256
Honorable Martin F. Egelhoff, Judge
Time Square Development Corp., d/b/a Time Square Clothing, Inc., a Colorado corporation,
Plaintiff-Appellee,
v.
Mark Ramos,
Defendant-Appellant.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE CARPARELLI
Furman and Connelly, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2325
El Paso County District Court No. 05CV4518
Honorable Kirk S. Samelson, Judge
Debra Davis,
Plaintiff-Appellee,
v.
Diana Bradley,
Defendant-Appellant.
JUDGMENT AND ORDER AFFIRMED
Division VII
Opinion by JUDGE RICHMAN
Loeb and Russel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2549
Arapahoe County District Court No. 08CV946
Honorable John L. Wheeler, Judge
Winston Greer,
Plaintiff-Appellee,
v.
Rebecca Anderson and Donna Deffenbaugh,
Defendants-Appellants.
JUDGMENT AFFIRMED
Division A
Opinion by CHIEF JUDGE DAVIDSON
Criswell* and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2711
Industrial Claim Appeals Office of the State of Colorado
W.C. No. 4-505-189
Jeffrey McGee,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado, Pasterkamp Heating and Air Conditioning, and Mid-Century Insurance Company,
Respondents.
ORDER SET ASIDE AND CASE
REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE BOORAS
Román and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0849
Industrial Claim Appeals Office of the State of Colorado
DD No. 705-2010
Jennifer R. Salas,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Maxim Healthcare Services 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. 10CA1012
Weld County District Court No. 08JV750
Honorable William L. West, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of E.I., Child,
and Concerning T.I.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division A
Opinion by CHIEF JUDGE DAVIDSON
Criswell* and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1164
Industrial Claim Appeals Office of the State of Colorado
DD No. 9921-2010
Jackie R. Granaas,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Medical Telecommunications 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. 10CA1216
City and County of Denver Juvenile Court No. 08JV2544
Honorable D. Brett Woods, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of A.E.N.T, A.P.T., G.W.T., and N.R.J.T., Children,
and Concerning E.J.T.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division A
Opinion by JUDGE CRISWELL*
Davidson, C.J., and Nieto*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1233
Industrial Claim Appeals Office of the State of Colorado
DD No. 8742-2010
Victor E. Quintana,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Firstsource Solutions USA, Inc.,
Respondents.
ORDER AFFIRMED
Division A
Opinion by JUDGE NIETO*
Davidson, C.J., and Criswell*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1285
Industrial Claim Appeals Office of the State of Colorado
DD No. 12022-2010
Thomene J. Hottel Garcia,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and National Foundation for Dentistry HEPD,
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. 10CA1304
Industrial Claim Appeals Office of the State of Colorado
DD No. 10528-2010
Jack A. Braman,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Pea Ridge Schools,
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. 08CA0247
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Andrew Neil Atkins,
Defendant-Appellant.
Opinion Modified and
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2290
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Deric Dean Cole,
Defendant-Appellant.
Petition for Rehearing DENIED
Court of Appeals No. 09CA0375
Lynne M. Elm-Picard,
Plaintiff-Appellee and Cross-Appellant,
v.
Ginger Elm-Picard,
Defendant-Appellant and Cross-Appellee
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals Nos. 09CA2059 & 09CA2552
Braata, Inc., d/b/a City Wide Maintenance of Denver,
Plaintiff-Appellee,
v.
Oneida Cold Storage Company, LLP,
Defendant-Appellant.
Petition for Rehearing DENIED
Court of Appeals No. 09CA2064
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Arthur J. Moore,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2160
Thomas D. Hulet,
Plaintiff-Appellant,
v.
Board of County Commissioners of the County of Montrose; David Ubell, former Montrose County Commissioner; Bill Patterson, Montrose County Commissioner; Allen Belt, Montrose County Commissioner; Warren C. Waterman, former Montrose County Sheriff; Carol L. Kruse, former Montrose County Clerk and Recorder; Robert Hill, Montrose County Attorney; Mark Young Construction, Inc.; David M. Guida, president of Mark Young Construction, Inc.; Tami Sherborne, Human Resources Director for Mark Young Construction, Inc.; Pioneer General Insurance Company; Bruce Lowdermilk, president of Pioneer General Insurance Company; and L. Jay Labe, attorney for Pioneer General Insurance Company,
Defendants-Appellees.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2162
Quentin Valdois,
Plaintiff-Appellee,
v.
Director, Colorado Department of Corrections; and Warden, Bent County Correctional Facility,
Defendants-Appellants.
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. 2010.