ANNOUNCEMENTS
COLORADO COURT OF APPEALS
November 18, 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.
U N P U B L I S H E D O P I N I O N S
Court of Appeals No. 07CA1077
El Paso County District Court No. 04CR5098
Honorable Kirk S. Samelson, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jerry Gerard Ciarcia,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division II
Opinion by JUDGE HAWTHORNE
Roy and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA2139
Arapahoe County District Court No. 07CR11
Honorable Michael J. Spear, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Carlos Reyes Martinez,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE CASEBOLT
Bernard and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA2362
Jefferson County District Court No. 06CR2775
Honorable Stephen M. Munsinger, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Bikram Bihari Mishra,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE GRAHAM
Román and Criswell*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0183
Mesa County District Court No. 07CR339
Honorable Brian J. Flynn, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Roque Garcia-Castaneda,
Defendant-Appellant.
JUDGMENT REVERSED
Division II
Opinion by JUDGE HAWTHORNE
Roy and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1819
El Paso County District Court No. 99CR4245
Honorable Larry E. Schwartz, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jose Gonzalez,
Defendant-Appellant.
ORDER AFFIRMED
Division II
Opinion by JUDGE HAWTHORNE
Roy and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1879
Arapahoe County District Court No. 01CR464
Honorable Marilyn Leonard Antrim, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
James Elwood Oplinger,
Defendant-Appellant.
SENTENCE AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE BERNARD
Casebolt and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1989
Jefferson County District Court No. 07CR2154
Honorable Jane A. Tidball, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Lindell Mark Sample, Jr.,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division III
Opinion by JUDGE DAILEY
J. Jones and Lichtenstein, JJ., concur
Court of Appeals No. 09CA0183
Jefferson County District Court No. 07CR3150
Honorable Dennis J. Hall, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Gary William Carrico, Jr.,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE CONNELLY
Carparelli and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0194
City and County of Denver District Court No. 03CR1499
Honorable Sheila A. Rappaport, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
William Hoover,
Defendant-Appellant.
ORDER AFFIRMED
Division VII
Opinion by JUDGE RUSSEL
Loeb and Richman, JJ., concur
Court of Appeals No. 09CA0283
Pueblo County District Court No. 07CR1661
Honorable Dennis Maes, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Albert Lee Pacheco,
Defendant-Appellant.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE CONNELLY
Carparelli, J., concurs
Furman, J., concurs in part and dissents in part
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0675
City and County of Denver District Court No. 07CR3078
Honorable John W. Madden, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Robert Fedd,
Defendant-Appellant.
ORDER 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. 09CA0704
Jefferson County District Court Nos. 04CR4365 & 05CR1460
Honorable Lily W. Oeffler, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Lisa Marie Christenson,
Defendant-Appellant.
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. 09CA1202
City and County of Denver District Court No. 05CV9756
Honorable Robert L. McGahey, Jr., Judge
Lawrence W. Cohen,
Plaintiff-Appellant,
v.
The Estate of W. Scott Moore,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE CARPARELLI
Hawthorne and Sternberg*, JJ., concur
Court of Appeals No. 09CA1375
El Paso County District Court No. 06DR2504
Honorable Scott A. Sells, Judge
In re the Marriage of
Blake Leverett,
Appellant,
and
Sarah Leverett,
Appellee.
JUDGMENT AFFIRMED 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. 09CA1777
El Paso County District Court No. 06DR2504
Honorable Scott A. Sells, Judge
In re the Marriage of
Blake Leverett,
Appellant,
and
Sarah Leverett,
Appellee.
ORDER AFFIRMED 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. 09CA1872
City and County of Denver District Court No. 08CV5665
Honorable Shelley I. Gilman, Judge
Lavern R. Whipple,
Plaintiff-Appellant,
v.
BNSF Railway Company,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE DAILEY
J. Jones and Lichtenstein, JJ., concur
Court of Appeals No. 09CA1976
Douglas County District Court No. 08DR530
Honorable Richard B. Caschette, Judge
In re the Marriage of
Milise Rino-Segelhorst,
Appellee,
and
David Segelhorst,
Appellant.
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. 09CA1992
Pueblo County District Court No. 06CV763
Honorable Deborah R. Eyler, Judge
Denise A. Genova,
Plaintiff-Appellee,
v.
David R. Calvert,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE ROMán
Graham and Criswell*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2190
Fremont County District Court No. 07CV248
Honorable Stephen A. Groome, Judge
Clayton B. Phillips,
Plaintiff-Appellant,
v.
Steve Owens, Larry Reid, and Rick Wright,
Defendants-Appellees.
ORDER AFFIRMED
Division A
Opinion by CHIEF JUDGE DAVIDSON
Rovira* and Ney*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2505
Fremont County District Court No. 09CV21
Honorable David M. Thorson, Judge
Jacob Ind,
Plaintiff-Appellant,
v.
Kelley J. McKinnon and the Colorado Department of Corrections,
Defendants-Appellees.
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. 10CA0041
Colorado Board of Assessment Appeals No. 49006
Questar Exploration and Production Company,
Petitioner-Appellee,
v.
Montezuma County Board of Equalization,
Respondent-Appellant,
and
Colorado Board of Assessment Appeals,
Appellee.
ORDER AFFIRMED
Division I
Opinion by JUDGE CASEBOLT
Bernard and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0710
El Paso County District Court No. 08JV1293
Honorable Kirk S. Samelson, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of S.M., Child,
and Concerning V.M., a/k/a V.H.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division A
Opinion by JUSTICE ROVIRA*
Davidson, C.J., and Ney*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals Nos. 10CA0767 & 10CA0768
Adams County District Court No. 09JV90 & 08JV380
Honorable Jill-Ellyn Straus, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of
M.M.V.M. and M.M., Children,
and Concerning V.M.M.,
Respondent-Appellant.
JUDGMENTS AFFIRMED
Division II
Opinion by JUDGE CASEBOLT
Bernard and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0854
Industrial Claim Appeals Office of the State of Colorado
DD No. 4379-2010
Joseph Sanchez,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Freedman Food Service of Denver, Inc.,
Respondents.
ORDER AFFIRMED
Division A
Opinion by JUDGE NEY*
Davidson, C.J., and Rovira*, J., concur
Court of Appeals No. 10CA0908
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-784-196
Alstom Inc. and Zurich American,
Petitioners,
v.
Industrial Claim Appeals Office of the State of Colorado and David Valdez,
Respondents.
ORDER AFFIRMED
Division VI
Opinion by JUDGE NIETO*
Davidson, C.J., and Criswell*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1614
Adams County District Court No. 09JV183
Honorable Jill-Ellyn Straus, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of S.G., Child,
and Concerning R.G.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE BERNARD
Casebolt and Kapelke*, 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. 08CA1547
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Cheairia Feemster,
Defendant-Appellant.
Opinion Modified and
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1394
Clayton B. Phillips,
Plaintiff-Appellant,
v.
Executive Director, Colorado Department of Corrections,
Defendant-Appellee.
Petition for Rehearing DENIED
Court of Appeals No. 09CA1614
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.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2179
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.
Opinion
Modified and
Petition for Rehearing DENIED
Court of Appeals No. 09CA2345
Paul Gordon,
Attorney-Appellant,
v.
Joseph Coleman,
Defendant-Appellee.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2527
The People of the State of Colorado,
Plaintiff-Appellant,
v.
Vicente Mendez,
Defendant-Appellee.
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.