ANNOUNCEMENTS
COLORADO COURT OF APPEALS
May 12, 2011
“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.
P U B L I S H E D O P I N I O N S
Court of Appeals No. 08CA1326
Arapahoe County District Court No. 06CR646
Honorable Charles Pratt, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kevin Hill,
Defendant-Appellant.
MOTION DENIED
Division A
Opinion by JUDGE WEBB
J. Jones and Booras, JJ., concur
Court of Appeals No. 09CA2088
Boulder County District Court No. 04DR432
Honorable Roxanne Bailin, Judge
In re the Parental Responsibilities of E.S., a Child,
and Concerning Auriel Lauzon,
Petitioner,
and
Timothy Smith,
Appellant,
and
Laura Silvernail,
Intervenor-Appellee.
ORDER AFFIRMED IN PART, VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE TAUBMAN
Carparelli and Gabriel, JJ., concur
Court of Appeals No. 10CA0093
Arapahoe County District Court No. 08CV2070
Honorable Valeria N. Spencer, Judge
Mathers Family Trust; William H. Mathers; Myra M. Mathers; Thomas E. Carpenter Trust; Margaret M. Carpenter Trust; Robert Hall; and Gianpaolo Callioni,
Plaintiffs-Appellants,
v.
Charles Reed Cagle; Joseph D. Kinlaw; Heartland Energy of Colorado, LLC; Steve Ziemke; Brandon Davis; John Schiffner; Joel Held; Martin Harper; HEI Resources, Inc., f/k/a Heartland Energy, Inc.; Heartland Energy Development Corp.; Reed Petroleum, LLC; D. Deerman, Ltd.; and R&J Associates, Inc.,
Defendants-Appellees.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division III
Opinion by JUSTICE ROVIRA*
Taubman and Roy, JJ., concur
Court of Appeals No. 10CA0369
Boulder County District Court No. 08CV374
Honorable Roxanne Bailin, Judge
Rebecca Jackson,
Plaintiff-Appellant,
v.
American Family Mutual Insurance Company,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE DAILEY
Miller and Rothenberg*, JJ., concur
Court of Appeals No. 10CA0592
Industrial Claim Appeals Office of the State of Colorado
WC No. 4780871
Jesus Munoz,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado, JBS Swift & Company, and Zurich American Insurance Company,
Respondents.
ORDER AFFIRMED IN PART, SET ASIDE IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division A
Opinion by CHIEF JUDGE DAVIDSON
Taubman and Sternberg*, JJ., concur
Court of Appeals No. 10CA1187
City and County of Denver District Court No. 08CV9245
Honorable Michael A. Martinez, Judge
Joan L. Holley,
Plaintiff-Appellant,
v.
Linda C. Huang, M.D.,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE RUSSEL
Dailey and Miller, JJ., concur
Court of Appeals No. 10CA1555
Arapahoe County District Court No. 09JV509
Honorable Timothy L. Fasing, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of J.C.R., N.M-E., and N.M-E, Children,
and Concerning B.R. and T.R.,
Respondents-Appellants.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE HAWTHORNE
Román and Richman, JJ., concur
Court of Appeals No. 11CA0690
El Paso County District Court No. 11CV2005
Honorable David A. Gilbert, Judge
Frank Romero,
Plaintiff-Appellant,
v.
City of Fountain, Colorado, and Fountain Police Department,
Defendants-Appellees.
MOTION FOR STAY PENDING APPEAL DENIED
Division A
Opinion by JUDGE RICHMAN
Casebolt and Hawthorne, 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. 06CA0314
Weld County District Court No. 05CR3
Honorable Daniel S. Maus, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Matthew Francisco Alfaro,
Defendant-Appellant.
JUDGMENTS REVERSED, SENTENCES VACATED,
AND CASE REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE MÁRQUEZ*
Casebolt and Webb, JJ., concur
Court of Appeals No. 06CA2414
Arapahoe County District Court No. 04CR1890
Honorable Vincent R. White, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
David Borges,
Defendant-Appellant.
JUDGMENT AFFIRMED, SENTENCE AFFIRMED IN PART AND
VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE GABRIEL
Taubman and Carparelli, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA0837
Weld County District Court No. 04CR2164
Honorable James F. Hartmann, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Victor Cecil Martinez,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE RUSSEL
Dailey and Miller, JJ., concur
Court of Appeals No. 07CA1273
Adams County District Court No. 92CR403
Honorable Harlan R. Bockman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
John O. Morris,
Defendant-Appellant.
ORDER AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division A
Opinion by CHIEF JUDGE DAVIDSON
Rovira* and Sternberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0505
City and County of Denver District Court No. 06CR11110
Honorable John W. Madden, IV, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Shawn Morris,
Defendant-Appellant.
Judgment and sentence affirmed
and case remanded with direction
Division III
Opinion by JUDGE ROY
Furman and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Prior Opinion Announced April 14, 2011 Withdrawn
Petition for Rehearing Denied
Court of Appeals No. 08CA1654
Jefferson County District Court No. 07CR2215
Honorable Jane A. Tidball, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Lucille A. Valles,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE BERNARD
Graham and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1748
Adams County District Court No. 07CR1574
Honorable C. Vincent Phelps, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Edward Arthur Vigil,
Defendant-Appellant.
JUDGMENT REVERSED AND
CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE MILLER
Dailey and Russel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2204
City and County of Denver District Court No. 06CR337
Honorable Martin F. Egelhoff, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michelle Pickett,
Defendant-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE GRAHAM
Bernard and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2704
Jefferson County District Court No. 07CR1396
Honorable Margie L. Enquist, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Horacio Daniel Mejia,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division A
Opinion by JUSTICE ROVIRA*
Davidson, C.J., and Sternberg*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0938
City and County of Denver District Court No. 08CR2651
Honorable William W. Hood, III, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Gerald Chavez,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE GRAHAM
Bernard and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1678
Adams County District Court No. 08CR2509
Honorable Mark D. Warner, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Maurice Cecil Hall,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division A
Opinion by CHIEF JUDGE DAVIDSON
Rovira* and Sternberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2037
Jefferson County District Court No. 08CR2426
Honorable Stephen M. Munsinger, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Joshua Anthony Carreras,
Defendant-Appellant.
Judgment AND SENTENCE affirmed
and case remanded with directions
Division III
Opinion by JUDGE ROY
Furman and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2405
City and County of Denver District Court No. 05CR5616
Honorable Ronald M. Mullins, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
John Ray Hopmann,
Defendant-Appellant.
ORDER AFFIRMED
Division II
Opinion by JUDGE WEBB
Casebolt and Dailey, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2427
Mesa County District Court No. 08DR976
Honorable Edwin G. Ruland, Judge
In re the Marriage of
Logan J. Davis,
Appellant,
and
Julia A. Davis,
Appellee.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE BOORAS
Bernard and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2511
El Paso County District Court No. 04DR3949
Honorable Thomas Kelly Kane, Judge
In re the Marriage of
Ernest Alcorn,
Appellee,
and
Tanda Brys,
Appellant.
ORDER AFFIRMED
Division A
Opinion by JUDGE STERNBERG*
Davidson, C.J., and Justice Rovira*, concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2603
Larimer County District Court No. 08CR1757
Honorable Dave Williams, Judge
The People of the State of Colorado,
Plaintiff-Appellant,
v.
John Ralph Lucero, Jr.,
Defendant-Appellee.
ORDER AFFIRMED
Division VII
Opinion by JUDGE TERRY
Bernard and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0128
Mesa County District Court No. 09CR70
Honorable Brian J. Flynn, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jeffery Michael Tharp,
Defendant-Appellant.
JUDGMENT AFFIRMED IN PART
AND REVERSED IN PART, AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE TERRY
Booras and Ney*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0181
Delta County District Court No. 08CV52
Honorable Charles R. Greenacre, Judge
Stacy R. Garcia,
Plaintiff-Appellee and Cross-Appellant,
v.
Beverly J. Starbard,
Defendant-Appellant and Cross-Appellee.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART
AND CASE REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE BOORAS
Bernard and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0260
City and County of Denver District Court No. 01CV5947
Honorable Robert L. McGahey, Judge
Amy Okamoto, Angela Davis, Stanley Schaefer, Valerie June, Christopher Rhoads, Bernadette Valdez, Ruby Lowe, Barbara Jackson, Jeffrey Johnston, John Allinder, Brian Mandigo, Melinda Lopez, Joe Aguero, Pearl Jasso, Darla Ortega, JoAnn Huffman, Crystal Corely, Dorene Lopez, James Vincent Green, Jessica Thompson, Floyd Earl Jr., Channell Ashley, Pamela Taylor, David Taylor, Kevin Ward, and Leanna Miller,
Plaintiffs-Appellees and Cross-Appellants,
v.
Bradley Petroleum Inc., a Colorado corporation; Sav-O-Mat, Inc., a Colorado corporation; Bradley H. Calkins, individually; and George Calkins, individually,
Defendants-Appellants and Cross-Appellees.
ORDERS AFFIRMED IN PART, REVERSED IN PART
AND CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE NIETO*
Bernard and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0353
City and County of Denver District Court No. 09DR3398
Honorable J. Stephen Phillips, Judge
In re the Marriage of
Tynetta Jackson,
Appellant,
and
Willie Jackson, III,
Appellee.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE RUSSEL
Miller and Ney*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0507
El Paso County District Court No. 99CR4527
Honorable J. Patrick Kelly, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Victor Lopez,
Defendant-Appellant.
ORDER AFFIRMED
Division II
Opinion by JUDGE CASEBOLT
Dailey and Webb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0647
Boulder County District Court No. 09CV788
Honorable Lael E. Montgomery, Judge
Jared Pinel,
Plaintiff-Appellant and Cross-Appellee,
v.
Stanley L. Garnett, District Attorney, Twentieth Judicial District,
Defendant-Appellee and Cross-Appellant,
and
John F. Stavely, Honorable Judge of the County Court in and for the County of Boulder, 20th Judicial District,
Defendant-Appellee.
APPEAL AND CROSS-APPEAL DISMISSED
Division III
Opinion by JUDGE LICHTENSTEIN
Roy and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0820
Mesa County District Court No. 09DR577
Honorable Bryan J. Flynn, Judge
In re the Marriage of
Julia I. Kirgan,
Appellant,
and
Robert P. Kirgan,
Appellee.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE CASEBOLT
Dailey and Webb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1005
City and County of Denver District Court No. 10CV1726
Honorable Ronald M. Mullins, Judge
Susan A. Henderson,
Plaintiff-Appellee,
v.
City and County of Denver,
Defendant-Appellant.
ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE BERNARD
Terry and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1100
Arapahoe County District Court No. 99DR401
Honorable J. Mark Hannen, Judge
In re the Marriage of
Barbara Randell Bartlett, f/k/a Barbara Randell Lesch,
Appellee,
and
Bradley David Lesch,
Appellant.
ORDER AFFIRMED IN PART, REVERSED IN PART
AND CASE REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE LICHTENSTEIN
Roy and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1114
Weld County District Court No. 10CV253
Honorable Elizabeth B. Strobel, Judge
Song Real Estate, LLC, a limited liability company,
Plaintiff-Appellant,
v.
Cimarron Liquors of Firestone, LLC, a limited liability company,
Defendant-Appellee.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE WEBB
Casebolt and Dailey, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1981
City and County of Denver District Court No. 89CR2418
Honorable Shelley I. Gilman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Airrik Jermal Russell, a/k/a Donnie Russell,
Defendant-Appellant.
Order Affirmed
Division B
Roy, Terry, and J. Jones, JJ.
PER CURIAM
Court of Appeals No. 10CA2029
Adams County District Court No. 00CR2397
Honorable Chris Melonakis, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
David Bernard Farrell,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Roy, Russel, and J. Jones, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2655
Industrial Claim Appeals Office of the State of Colorado
DD No. 30079-2010
Rhonda R. Metzer,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Great Big Color, 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. 10CA2673
Weld County District Court No. 08JV101
Honorable Julie C. Hoskins, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of A.V., a Child,
and Concerning A.V.,
Respondent-Appellant.
JUDGMENT affirmed
Division III
Opinion by JUDGE ROY
Furman and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0186
Industrial Claim Appeals Office of the State of Colorado
DD No. 30068-2010
James C. Cunningham,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Penske Logistics 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. 11CA0314
Pueblo County District Court No. 11MH13
Honorable Dennis Maes, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of Joseph Carter,
Respondent-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE MILLER
Dailey and Russel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0417
Industrial Claim Appeals Office of the State of Colorado
DD No. 36784-2010
Geraldine Herrera,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Mile High Montessori Early Learning,
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. 08CA0126
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Gary Robert Williams,
Defendant-Appellant.
Petition for Rehearing DENIED
Court of Appeals No. 08CA0505
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Shawn Morris,
Defendant-Appellant.
Prior Opinion Announced April 14, 2011 Withdrawn
Petition for Rehearing Denied
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1423
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Hal Lewis Hebert,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2350
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael Anthony Varallo,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2507
In re the Marriage of
Carol Skivington,
Appellee,
and
Paul Skivington,
Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0915
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jose Antonio-Marin,
Defendant,
and Concerning Patricia J. Bellion-Bonetti,
Surety-Appellant.
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.