ANNOUNCEMENTS
COLORADO COURT OF APPEALS
November 10, 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. 10CA0232
Adams County District Court No. 09CV1944
Honorable Katherine R. Delgado, Judge
F.M.,
Petitioner-Appellant,
v.
The People of the State of Colorado,
Respondent-Appellee.
ORDER AFFIRMED
Division III
Opinion by JUDGE WEBB
Roy and Fox, JJ., concur
Court of Appeals No. 10CA1138
Weld County District Court No. 94DR229
Honorable Julie C. Hoskins, Judge
In re the Marriage of
David Q. Tognoni,
Appellant and Cross-Appellee,
and
Patricia A. Tognoni,
Appellee and Cross-Appellant.
JUDGMENT AFFIRMED IN PART, VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE HAWTHORNE
Lichtenstein and Booras, JJ., concur
Court of Appeals No. 10CA1719
Boulder County District Court No. 08CV1295
Honorable Thomas F. Mulvahill, Judge
Gregory T. Ludlow, S. Reid Ludlow, and Jean E. Cowles,
Plaintiffs-Appellants and Cross-Appellees,
v.
Lynda S. Gibbons; Brent Wilson; and Gibbons-White, Inc., a Colorado corporation,
Defendants-Appellees and Cross-Appellants.
JUDGMENT AND ORDERS AFFIRMED IN PART AND VACATED
IN PART, AND CASE REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE J. JONES
Roy, J., concurs
Loeb, J., concurs in part and dissents in part
Court of Appeals No. 10CA2327
City and County of Denver District Court No. 06CV3565
Honorable Robert S. Hyatt, Judge
Colorado Republican Party,
Petitioner-Appellant,
v.
Debbie Benefield, State Representative; Bernie Buescher, State Representative; Morgan Carroll, State Representative; Gwyn Green, State Representative; Mary Hodge, State Representative; Liane “Buffie” McFadyen, State Representative; Wes McKinley, State Representative; Michael Merrifield, State Representative; James Riesberg, State Representative; and Judy Solano, State Representative,
Respondents-Appellees.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE TERRY
Loeb and Richman, JJ., concur
Court of Appeals No. 10CA2462
Board of Assessment Appeals No. 52507
Fred D. Kidder, III; and Diann K. Kidder,
Petitioners-Appellees,
v.
Chaffee County Board of Equalization,
Respondent-Appellant,
and
Board of Assessment Appeals,
Appellee.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE FOX
Roy and Webb, 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. 06CA2326
Arapahoe County District Court No. 05CR3213
Honorable Marilyn Leonard Antrim, Judge
Honorable Christine Chauche, Judge
Honorable Kevin Sidel, Judge
Honorable Valeria N. Spencer, Judge
Honorable Vincent R. White, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Elon Edward Everett,
Defendant-Appellant.
JUDGMENT AND SENTENCES AFFIRMED IN PART AND VACATED
IN PART, ORDER VACATED, AND CASE REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE J. JONES
Carparelli and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0596
El Paso County District Court No. 06CR1308
Honorable Kirk S. Samelson, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Christopher William Allen,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE LICHTENSTEIN
Casebolt and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1347
Jefferson County District Court No. 07CR1211
Honorable R. Brooke Jackson, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Bryan John Shuford,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE HAWTHORNE
Russel and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1585
Larimer County District Court No. 06CR1610
Honorable Terence A. Gilmore, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Narciso Mendoza-Lopez,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE J. JONES
Carparelli and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1636
El Paso County District Court No. 06CR3648
Honorable Jann P. Dubois, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Nicholas Josph Long,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE DAILEY
Graham and Gabriel, JJ., concur
Court of Appeals No. 09CA2467
Fremont County District Court No. 93CR237
Honorable David M. Thorson, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ricky Allen Gustafson,
Defendant-Appellant.
ORDER AFFIRMED
Division VII
Opinion by JUDGE RUSSEL
Hawthorne and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2697
Arapahoe County District Court No. 99CR2849
Honorable Marilyn Leonard Antrim, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Stanley Helkey, Sr.,
Defendant-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE GRAHAM
Gabriel and Márquez*, JJ., concur
NOT PUBLISHIED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0018
Jefferson County District Court No. 08CR3383
Honorable R. Brooke Jackson, Judge
Honorable Lily W. Oeffler, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Sheila Schlesselman,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE J. JONES
Carparelli and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0071
El Paso County District Court No. 09CR72
Honorable Larry E. Schwartz, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jose Miguel Barco,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE GABRIEL
Dailey and Graham, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0118
Lincoln County District Court No. 07CR41
Honorable P. Douglas Tallman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Toby Moses Medina,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE TERRY
Loeb and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0335
Lincoln County District Court No. 01CR17
Honorable P. Douglas Tallman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Donald Ray Sprouse, Jr.,
Defendant-Appellant.
ORDER AFFIRMED
Division VI
Opinion by JUDGE RICHMAN
Loeb and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.10CA520
Denver County District Court No. 09CR869
Honorable Martin F. Egelhoff, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Pedro Martinez,
Defendant-Appellant.
ORDER AFFIRMED
Division II
Opinion by: JUDGE LICHTENSTEIN
Casebolt and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0785
Adams County District Court No. 06CR2739
Honorable Mark D. Warner, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Nick Luis Villa,
Defendant-Appellant.
ORDER AFFIRMED
Division VII
Opinion by JUDGE RUSSEL
Hawthorne and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0904
Larimer County District Court No. 05CR1740
Honorable John David Williams, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Robert Michael Snyder,
Defendant-Appellant.
SENTENCE AFFIRMED
Division B
Hawthorne, Furman, and Bernard, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0967
Boulder County District Court No. 06DR522
Honorable Lael E. Montgomery, Judge
In re the Parental Responsibilities of L.O.B.-F., a Child,
and Concerning Aimee R. Banks,
Appellee,
and
Paul W. Frysig,
Appellant.
ORDER AFFIRMED
Division V
Opinion by JUDGE FURMAN
Carparelli, J., concurs
J. Jones, J., specially concurs
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1142
Jefferson County District Court No. 04CR2568
Honorable Jane A. Tidball, Judge
Honorable Leland P. Anderson, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Andres Gonzales,
Defendant-Appellant.
ORDER AFFIRMED
Division VI
Opinion by JUDGE TERRY
Loeb and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1162
City and County of Denver District Court No. 97CR3493
Honorable William D. Robbins, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Max Alonso Martinez, Jr.,
Defendant-Appellant.
ORDER AFFIRMED
Division III
Opinion by JUDGE FOX
Roy and Webb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1173
City and County of Denver District Court No. 06CR6038
Honorable Shelley I. Gilman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Richard Tell Wehrle,
Defendant-Appellant.
APPEAL DISMISSED
Division I
Opinion by JUDGE TAUBMAN
Terry and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1348
City and County of Denver District Court No. 07CR279
Honorable John W. Madden, IV, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ivan Vallez,
Defendant-Appellant.
ORDER AFFIRMED
Division VI
Opinion by JUDGE RICHMAN
Loeb and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1796
City and County of Denver District Court No. 09CR4964
Honorable Anne M. Mansfield, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ahmed Abukar,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE FURMAN
Carparelli and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1816
Lincoln County District Court No. 10CV30
Honorable Stanley A. Brinkley, Judge
Thomas Tommy Valdez,
Plaintiff-Appellant,
v.
Tom Clements, Executive Director, Colorado Department of Corrections; and Angel Medina, Warden, Limon Correctional Facility,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE RICHMAN
Loeb and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1852
Weld County District Court No. 08DR3257
Honorable Elizabeth Strobel, Judge
In re the Marriage of
Charla M. Jerome,
Appellee,
and
Jeffrey Jerome,
Appellant.
JUDGMENT AFFIRMED IN PART AND REVERSED IN PART
Division VII
Opinion by JUDGE HAWTHORNE
Russel and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2009
El Paso County District Court No. 97CR3005
Honorable David L. Shakes, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Nicky Larone Smith,
Defendant-Appellant.
ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS
Division B
Hawthorne, Furman, and Bernard, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2281
Colorado State Personnel Board No. 2010B067
Dale McCauley,
Petitioner-Appellant,
v.
Regents of the University of Colorado and University of Colorado Denver,
Respondents-Appellees,
and
State Personnel Board,
Appellee.
JUDGMENT AFFIRMED
Division V
Opinion by CHIEF JUDGE DAVIDSON
Plank* and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2285
Colorado State Personnel Board No. 2010S002
Scott Horak,
Petitioner-Appellant,
v.
State Personnel Board,
Appellee,
and
Department of Natural Resources,
Respondent-Appellee.
ORDER AFFIRMED
Division VI
Opinion by JUDGE TERRY
Loeb and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2346
City and County of Denver District Court No. 10CV5199
Honorable Catherine A. Lemon, Judge
Colorado Mining Association,
Plaintiff-Appellant,
v.
Governor John Hickenlooper in his capacity as Governor of the State of Colorado; Office of the Governor; Doug Dean in his capacity as Director of the Department of Regulatory Agencies for the State of Colorado; Colorado Department of Regulatory Agencies; the Colorado Public Utilities Commission; Ronald Binz in his capacity as Chairman of the PUC; Matthew Baker in his capacity as Commissioner of the PUC; James Tarpey in his capacity as Commissioner of the PUC; Martha Rudolph in her capacity as Executive Director of the Colorado Department of Public Health and Environment; Colorado Department of Public Health and Environment; Douglas Lempke in his capacity as Administrator of the Colorado Air Quality Control Commission; Mike King in his capacity as Executive Director of the Colorado Department of Natural Resources; James Martin in his capacity as former Executive Director of the Colorado Department of Natural Resources; Colorado Department of Natural Resources; Don Elliman in his capacity of Chief Executive Officer of the State of Colorado; Kelly Nordini in her capacity as former Deputy Chief of Staff to Governor Bill Ritter; and the State of Colorado,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE GABRIEL
Plank*, J., concurs
Graham, J., dissents
Court of Appeals No. 10CA2406
City and County of Denver District Court No. 10CV6556
Honorable Robert S. Hyatt, Judge
Michael T. Chavez,
Petitioner-Appellant,
v.
City and County of Denver, State of Colorado,
Respondent-Appellee.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE GABRIEL
Dailey and Graham, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2621
Adams County District Court No. 06DR929
Honorable C. Scott Crabtree, Judge
In re the Marriage of
Russell Moore,
Appellee,
and
Erin Moore,
Appellant.
ORDER AFFIRMED
Division VII
Opinion by JUDGE RUSSEL
Hawthorne and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0049
City and County of Denver District Court No. 09CR2935
Honorable Robert L. McGahey, Jr., Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Sonya Baigildin,
Defendant-Appellant.
APPEAL DISMISSED
Division B
Taubman, Hawthorne and Furman, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0083
El Paso County District Court No. 08CV2113
Honorable Kirk S. Samelson, Judge
Sequoia Investments, LLC and Kyle J. Geditz,
Plaintiffs-Appellants,
v.
Cheuk S. Kwan,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE GRAHAM
Dailey and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0092
Adams County District Court No. 10DR592
Honorable C. Vincent Phelps, Judge
In re the Marriage of
Rodney Kent Lopez,
Appellee,
and
Jeanette Lyn Porter,
Appellant.
ORDERS AFFIRMED
Division VII
Opinion by JUDGE BERNARD
Russel and Hawthorne, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0100
Arapahoe County District Court No. 04CR329
Honorable John L. Wheeler, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Uriel Antonio Linares-Guzman,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Hawthorne, Furman, and Bernard, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0519
City and County of Denver Juvenile Court No. 08JV977
Honorable Karen M. Ashby, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of K.J.-C.P., Child,
and Concerning M.J.C.,
Respondent-Appellant.
APPEAL DISMISSED
Division V
Opinion by CHIEF JUDGE DAVIDSON
Plank* and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0560
Industrial Claim Appeals Office of the State of Colorado
DD No. 349262010
Debbie D. Klee
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Western Paper Distributors, Inc.,
Respondents.
ORDER AFFIRMED
Division II
Opinion by JUDGE CASEBOLT
Lichtenstein and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0927
Mesa County District Court No. 09JV299
Honorable Thomas M. Deister, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of A.A., and S.H., Children,
and Concerning A.H.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE DAILEY
Graham and Gabriel, JJ., concur
Court of Appeals No. 11CA0989
Industrial Claim Appeals Office of the State of Colorado
DD No. 5468-2011
Maria Maestas,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Discovery Outsourcing, LLC,
Respondents.
Division I
Opinion by JUDGE ROMÁN
Taubman and Booras, JJ., concur
Court of Appeals No. 11CA1256
Industrial Claim Appeals Office of the State of Colorado
DD No. 3935-2011
Deborah A. Gann,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Bueno Enterprises, Inc.,
Respondents.
ORDER AFFIRMED
Division V
Opinion by JUDGE PLANK*
Davidson, C.J. and Kapelke*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1413
Weld County District Court No. 09JV182
Honorable Marcelo A. Kopcow, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of F.E., E.E., M.E., A.Z., and I.F.Z.-E, Children,
and Concerning S.Z.,
Respondent-Appellant.
JUDGMENT AFFIRMED IN PART, VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE GABRIEL
Dailey and Graham, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1424
Industrial Claim Appeals Office of the State of Colorado
DD No. 31014-2010
Steven B. Thompson,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; and Linebarger, Goggan, Blair & Samson, LLP,
Respondents.
ORDER AFFIRMED
Division C
Bernard, Lichtenstein, and Booras, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1492
Adams County District Court No. 10JV245
Honorable Jill-Ellyn Straus, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of M.J.L., a Child,
and Concerning K.L. and S.A.,
Respondents-Appellants.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE GRAHAM
Dailey and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1578
Alamosa County District Court No. 10JV32
Honorable O. John Kuenhold, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of A.N. and A.N., Children,
and Concerning A.N.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE MILLER
Casebolt and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1593
Industrial Claim Appeals Office of the State of Colorado
DD No. 37315-2010
Brandee R. Martinez,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Denver Health & Hospital Authority,
Respondents.
ORDER AFFIRMED
Division C
Bernard, Lichtenstein, and Booras, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1648
City and County of Denver Juvenile Court No. 10JV1249
Honorable Karen M. Ashby, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of C.L.W., Jr. and J.M.W., Children,
and Concerning N.R.W. a/k/a N.R.M.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE KAPELKE*
Davidson, C.J. and Plank*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1814
Pueblo County District Court No. 11MH169
Honorable Dennis Maes, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of Rachel Beth Amendola,
Respondent-Appellant.
ORDER AFFIRMED
Division VII
Opinion by JUDGE RUSSEL
Hawthorne and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1832
Industrial Claim Appeals Office of the State of Colorado
DD No. 16260-2011
John L. Prindle,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Swift Beef Company,
Respondents.
ORDER AFFIRMED
Division C
Bernard, Lichtenstein, and Booras, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
M O D I F I E D O P I N I O N S
Court of Appeals No. 10CA2246
Douglas County District Court No. 05CR148
Honorable Paul A. King, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Fuad Hrnjic,
Defendant-Appellant.
ORDER AFFIRMED
Division VII
Opinion by JUDGE HAWTHORNE
Russel and Bernard, JJ., concur
Opinion Modified on the Court’s Own Motion
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. 08CA2156
The People of the State of Colorado,
Plaintiff-Appellee,
v.
James Len Harmon,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2453
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Karin Joy Atkinson,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2699
Oloyea D. Wallin,
Plaintiff-Appellant,
v.
Janene McCabe and Sean McDermott,
Defendants-Appellees.
Petition for Rehearing DENIED
Court of Appeals No. 10CA0629
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kevin Starkey,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0707
Advantek Pro, Inc., a California corporation; and Westco International SRL, a company organized under the laws of Barbados, on behalf of themselves and all similarly situated persons and businesses,
Plaintiffs-Appellants and Cross-Appellees,
v.
ADT Security Services, Inc., a Delaware corporation,
Defendant-Appellee and Cross-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1032
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Reyes Torres,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1287
City and County of Denver District Court Nos. 97CR4237 & 02CR213
Honorable Shelley I. Gilman, Judge
Honorable Michael A. Martinez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Christopher Carr,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1324
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ivan Stamps,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals Nos. 10CA1493 & 10CA2253
Gary Bastian,
Plaintiff-Appellee and Cross-Appellant,
v.
EMJ Corporation,
Defendant-Appellant and Cross-Appellee.
Petition for Rehearing DENIED
Webb, J., would GRANT
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1604
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Burton J. Calkins,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1667
Above the Clouds Enterprises, Inc.,
Plaintiff-Appellee and Cross-Appellant,
v.
BJ’s Car Care Center, LLC,
Defendant-Appellant and Cross-Appellee.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1758
Christopher J. Manning,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Murray Motor Imports Co.,
Respondents.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1774
Mary S. Scott,
Plaintiff-Appellee,
v.
Chicago Title Insurance Company,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2362
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Monique Rochelle Hernandez,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0211
Time Warner Cable and ESIS/ACE American Insurance,
Petitioners,
v.
Industrial Claim Appeals Office of the State of Colorado and Rosalyn Ellis,
Respondents.
Petition for Rehearing DENIED
Graham, J., would GRANT
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0259
Patrick Lyons,
Petitioner-Appellant,
v.
School District No. 1, and City and County of Denver, Colorado,
Respondent-Appellee.
Petition for Rehearing DENIED
Court of Appeals No. 11CA0595
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of E.M., Child.
and Concerning M.D.,
Respondent-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0668
Vasilios Haralampopoulos, by his guardian John Haralampopoulos
Plaintiff-Appellant,
v.
Jason L. Kelly, M.D., and Mauricio L. Waintrub, M.D.,
Defendant-Appellees.
Petition for Rehearing DENIED
Webb, J., would GRANT
Court of Appeals Nos. 10CA0857 & 11CA0154
El Paso County District Court No. 08CV4457
Honorable Larry E. Schwartz, Judge
Centura Health; and Catholic Health Initiatives Colorado, d/b/a Penrose-St. Francis Health Services,
Plaintiffs-Appellees,
v.
The Files, LLC,
Defendant-Appellant.
JUDGMENT AFFIRMED IN PART AND VACATED IN PART,
ORDER AFFIRMED, AND CASE REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE J. JONES
Loeb, J., concurs
Roy, J., dissents
Opinion Modified and
Petition for Rehearing DENIED
Roy, J., would GRANT
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1064
Verna J. Hendrix,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Goodwill Industries of Denver,
Respondents.
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. 2011.