ANNOUNCEMENTS
COLORADO COURT OF APPEALS
December 22, 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. 08CA1884
City and County of Broomfield County District Court No. 07CR200
Honorable Chris Melonakis, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Anthony Edwin Marsh,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE MILLER
Taubman and Terry, JJ., concur
Court of Appeals No. 10CA1302
Adams County District Court Nos. 09DR2343 & 09JV2609
Honorable Jill-Ellyn Straus, Judge
In the Interest of S.N.V., a Child,
and Concerning C.A.T.C.,
Petitioner-Appellee,
and
N.M.V.,
Respondent-Appellee,
and
B.V.,
Intervenor-Appellant.
JUDGEMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE RUSSEL
Carparelli and Román, JJ., concur
Court of Appeals No. 10CA1744
Fremont County District Court No. 10CV69
Honorable Julie G. Marshall, Judge
Michael G. Kopec,
Plaintiff-Appellant,
v.
Tom Clements, Executive Director of the Colorado Department of Corrections; Rae Timme, Warden of Fremont Correctional Facility; and James Lander, Director of the Sex Offender Treatment and Monitoring Program at Fremont Correctional Facility,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE WEBB
Roy and Fox, JJ., concur
Court of Appeals No. 10CA2234
Adams County District Court No. 09CV1927
Honorable Thomas R. Ensor, Judge
Ferguson Enterprises, Inc.,
Plaintiff-Appellee,
v.
Keybuild Solutions, Inc., f/k/a Rocky Mountain Truss Inc.; Carpenters Service, Inc.; Autumn Landscaping, Inc.; Premier Glass Solutions, Inc.; SC Design, Inc.; Systems Plumbing, LLC; and Colorado Counter-Tops, Inc.,
Defendants-Appellees,
and
Colorado Community Bank,
Defendant-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE CASEBOLT
Lichtenstein and Miller, JJ., concur
Court of Appeals No. 10CA2303
City and County of Denver Juvenile Court No. 08JV2703
Honorable Donna J. Schmalberger, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of S.N-V., a Child,
and Concerning B.A.N.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE FURMAN
Roy and Lichtenstein, JJ., concur
Court of Appeals No. 11CA0239
Industrial Claim Appeals Office of the State of Colorado
DD No. 31562-2010
Kathleen A. Hopkins,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Colorado Department of Labor and Employment,
Respondents.
ORDER SET ASIDE AND CASE
REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE STERNBERG*
Davidson, C.J., and Rothenberg*, J., concur
U N P U B L I S H E D O P I N I O N S
Court of Appeals No. 09CA0733
La Plata County District Court No. 06CR362
Honorable David L. Dickinson, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jay Dee Russell,
Defendant-Appellant.
JUDGMENT AND SENTENCE 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. 09CA0828
Jefferson County District Court No. 07CR3423
Honorable Christopher J. Munch, Judge
Honorable Stephen M. Munsinger, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Penny Kae Fox,
Defendant-Appellant.
Judgment Affirmed
Division III
Opinion by JUDGE ROY
Webb and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1197
Arapahoe County District Court No. 08CV817
Honorable Elizabeth A. Weishaupl, Judge
Honorable Kurt A. Horton, Judge
G.W. Merrick & Associates, LLC,
Plaintiff-Appellee,
v.
Paul M. Cartmill,
Defendant-Appellant.
Judgment Affirmed AND CASE
REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE ROY
Webb and Fox, JJ., concur
Court of Appeals No. 09CA1635
Pueblo County District Court No. 08CR275
Honorable Jill S. Mattoon, Judge
Honorable Garth L. Nieschburg, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Isaiah Anthony Vialpando,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE HAWTHORNE
Russel and Bernard, JJ., concur
Court of Appeals No. 09CA2065
Weld County District Court No. 08CV624
Honorable Jonathan W. Hays, Judge
Los Zapatistas, Inc., a Colorado non-profit corporation,
Plaintiff-Appellant and Cross-Appellee,
v.
Archdiocese of Denver, a corporation sole,
Defendant-Appellee and Cross-Appellant.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE BERNARD
Casebolt and Sternberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2200
El Paso County District Court No. 08CR4525
Honorable Gilbert A. Martinez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Carol Lynette Valverde,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE LICHTENSTEIN
Miller and Sternberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2624
Arapahoe County District Court No. 03CR1445
Honorable Vincent White, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Rocky Lee Glau,
Defendant-Appellant.
SENTENCE AFFIRMED
Division VII
Opinion by JUDGE RUSSEL
Hawthorne, J., concurs
Bernard, J., specially concurs
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0899
Eagle County District Court No. 08CR366
Honorable Frederick W. Gannett
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ian Michael Ranney,
Defendant-Appellant.
JUDGMENT 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. 10CA1152
Chaffee County District Court No. 09CR138
Honorable Charles M. Barton, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ricardo Vincent Johnson,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division A
Opinion by JUDGE GABRIEL
Webb and Vogt*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1718
Morgan County District Court No. 09DR199
Honorable Douglas R. Vannoy, Judge
In re the Marriage of
Cody Dale Johnston,
Appellant,
and
Tesa Lian Johnston,
Appellee.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE CASEBOLT
Lichtenstein and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1765
Arapahoe County District Court No. 10CV277
Honorable Carlos S. Samour, Jr., Judge
Courtnee M. Fann,
Plaintiff-Appellant,
v.
Colorado Department of Human Services,
Defendant-Appellee.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE MILLER
Casebolt and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1800
Pueblo County District Court No. 09CR1879
Honorable Thomas B. Flesher, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Robert Vialpando,
Defendant-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE DAILEY
Graham and Gabriel, JJ., concur
Court of Appeals No. 10CA1897
El Paso County District Court No. 02CR1342
Honorable Kirk S. Samelson, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Scott C. McNally,
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. 10CA1985
Arapahoe County District Court No. 08DR2913
Honorable J. Mark Hannen, Judge
In re the Marriage of
Nurit Lusk,
Appellant,
and
Thomas L. Lusk,
Appellee.
JUDGMENT REVERSED 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. 10CA2037
City and County of Denver District Court No. 84CR279
Honorable Christina M. Habas, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ronald D. Lucero,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Hawthorne, Furman, and Bernard, J.J.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2111
Boulder County District Court No. 96CR677
Honorable Maria E. Berkenkotter, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael Orlando Rollie,
Defendant-Appellant.
ORDER AFFIRMED
Division III
Opinion by JUDGE ROY
Webb and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2582
Arapahoe County District Court No. 10CV38
Honorable John L. Wheeler, Judge
Erik Challeen and Melissa Challeen,
Plaintiffs-Appellants,
v.
Wells Fargo Bank, N.A.,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE GABRIEL
Dailey and Graham, JJ., concur
Court of Appeals No. 10CA2619
City and County of Denver District Court No. 07CV7582
Honorable John W. Madden, IV, Judge
Estate of Brian D. Mattingley and Terri L. Kelley, f/k/a Terri L. Wolfe,
Plaintiffs-Appellants,
v.
Joycelyn Lee-Robinson; Stacey Larrabee; Carin Hagman; and Joseph Martinez,
Defendants-Appellees.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division A
Opinion by JUDGE WEBB
Gabriel and Vogt*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2622
City and County of Denver Juvenile Court No. 10JD568
Honorable Karen M. Ashby, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of A.S.,
Juvenile-Appellant.
JUDGMENT 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. 10CA2677
Adams County District Court No. 03CR949
Honorable Chris Melonakis, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Raul Chavez,
Defendant-Appellant.
ORDER AFFIRMED
Division III
Opinion by JUDGE WEBB
Roy and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0102
Industrial Claim Appeals Office of the State of Colorado
W.C. No. 4-795-135
Morgan Corporation, Zurich American
Petitioners,
v.
Industrial Claim Appeals Office of the State of Colorado and Willis Duane Landes,
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. 11CA0149
Douglas County District Court No. 08CR552
Honorable Vincent White, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Miguel Angel Tenorio,
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. 11CA0176
Boulder County District Court No. 08CR1667
Honorable James C. Klein, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Aaron Ragin,
Defendant-Appellant.
ORDER AFFIRMED IN PART, VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE GABRIEL
Graham and Márquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0284
City and County of Denver District Court No. 07CV7582
Honorable John W. Madden, IV, Judge
Estate of Brian D. Mattingley and Terri L. Kelley, f/k/a Terri L. Wolfe,
Plaintiffs-Appellants,
v.
Stacey Larrabee,
Defendant-Appellee.
ORDER AFFIRMED
Division A
Opinion by JUDGE WEBB
Gabriel and Vogt*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0445
Industrial Claim Appeals Office of the State of Colorado
DD No. 37908-2010
Mike Ruderman,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Sprint United Management Company,
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. 11CA0541
Crowley County District Court No. 10CV36
Honorable Michael Schiferl, Judge
Marco A. Rocha,
Plaintiff-Appellant,
v.
Richard Smelser, Warden of the Crowley County Correctional Facility; John Lindig; Carl Atchison; and Joseph Sanchez,
Defendants-Appellees.
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. 11CA0573
City and County of Denver District Court No. 10JD910
Honorable D. Brett Woods, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of N.M.,
Juvenile-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE DAILEY
Graham and Gabriel, JJ., concur
Court of Appeals No. 11CA0651
Jefferson County District Court No. 06CR3099
Honorable Margie L. Enquist, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Anthony Baker,
Defendant-Appellant.
ORDER 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. 11CA0655
Kit Carson County District Court No. 10CV55
Honorable Douglas R. Vannoy, Judge
Frank Aponte,
Plaintiff-Appellant,
v.
Director, Colorado Department of Corrections; and Warden, Kit Carson County Correctional Facility,
Defendants-Appellees.
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. 11CA1009
Jefferson County District Court No. 09JV1301
Honorable Brian D. Boatright, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of J.C.K., Child,
and Concerning J.D.S. and M.K.,
Respondents-Appellants.
JUDGMENT 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. 11CA1222
Archuleta County District Court No. 08JV5
Honorable Gregory G. Lyman, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of S.A.G., Jo.G., and M.G., Children,
and Concerning M.L. and J.G.,
Respondents-Appellants.
JUDGMENT VACATED AND CASE
REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE WEBB
Roy and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1245
Industrial Claim Appeals Office of the State of Colorado
DD No. 7916-2011
Darace Smith,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Amrest, LLC,
Respondents.
ORDER AFFIRMED
Division B
Bernard, Lichtenstein, and Booras, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1337
City and County of Denver Juvenile Court No. 09JV305
Honorable Donna J. Schmalberger, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of B.M.F., a Child,
and Concerning P.G.C.,
Respondent-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. 11CA1544
Industrial Claim Appeals Office for the State of Colorado
DD No. 8067-2011
Laura A. McCauley,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Shamrock Manor, Inc.,
Respondents.
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. 11CA1612
Industrial Claim Appeals Office of the State of Colorado
DD No. 246-2011
Zedekiah J. Gregory,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and ABC Home Health Care, Inc.,
Respondents.
ORDER AFFIRMED
Division B
Bernard, Lichtenstein, and Booras, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1683
Fremont County District Court No. 10JV85
Honorable David M. Thorson, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of I.S., a Child,
and Concerning T.W., and D.S.,
Respondents-Appellants.
JUDGMENT 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. 11CA1774
City and County of Denver Juvenile Court No. 09JV187
Honorable Karen M. Ashby, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of J.M.S.B., Child,
and Concerning C.H.,
Respondent-Appellant.
APPEAL DISMISSED
Division VII
Opinion by JUDGE BERNARD
Russel and Hawthorne, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2170
Industrial Claim Appeals Office of the State of Colorado
DD No. 19134-2011
Mary Ann Thompson,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and K-J Supermarket, Inc.,
Respondents.
ORDER AFFIRMED
Division C
Bernard, Lichtenstein, and Booras, 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. 10CA0988
The People of the State of Colorado,
Plaintiff-Appellee,
v.
William Frank Sandoval,
Defendant-Appellant.
Opinion Modified and
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1189
In the Matter of the Estate of Gregory Alan Kloberdanz, an incapacitated person,
Louise E. Kloberdanz,
Appellant,
v.
Colleen Ann Carmichael and Frank Dale Carmichael,
Appellees.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1408
City and County of Denver, a municipal corporation,
Plaintiff-Appellee,
v.
Vivian Weeks,
Defendant-Appellant.
Petition for Rehearing DENIED
Casebolt, J., would GRANT
Court of Appeals No. 11CA0533
The People of the State of Colorado,
Petitioner-Appellee,
v.
Chade Laster,
Respondent-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. 2011.