ANNOUNCEMENTS
COLORADO COURT OF APPEALS
MAY 10, 2012
“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. 05CA1922
El Paso County District Court Nos. 03CR1943 & 04CR2908
Honorable Robert L. Lowrey, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jaime Orlando Garcia,
Defendant-Appellant.
JUDGMENTS AND SENTENCES AFFIRMED IN PART,
VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE TAUBMAN
Fox and Rothenberg*, JJ., concur
Court of Appeals No. 08CA2148
El Paso County District Court No. 06CR1284
Honorable Kirk S. Samelson, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ryan J. Krueger,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE J. JONES
Casebolt and Hawthorne, JJ., concur
Court of Appeals No. 10CA2559
City and County of Denver District Court No. 08CV9799
Honorable R. Michael Mullins, Judge
Freedom from Religion Foundation, Inc.; Mike Smith; David Habecker; Timothy G. Bailey; and Jeff Baysinger,
Plaintiffs-Appellants and Cross-Appellees,
v.
John Hickenlooper, in his official capacity as Governor of the State of Colorado,
Defendant-Appellee and Cross-Appellant.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE BERNARD
Loeb and Lichtenstein, JJ., concur
Court of Appeals No. 11CA0462
Arapahoe County District Court No. 10CV1440
Honorable Marilyn Leonard Antrim, Judge
Radcliff Properties Limited Partnership, LLLP, a Colorado limited liability limited partnership; Radcliff Southeast Properties Limited Partnership, LLLP, a Colorado limited liability limited partnership; Hornet Enterprises Limited Partnership, LLLP, a Colorado limited liability limited partnership; and 2150 Radcliff Limited Partnership, LLLP, a Colorado limited liability limited partnership,
Plaintiffs-Appellants and Cross-Appellees,
v.
City of Sheridan, Colorado, a Colorado home rule municipality; and City Council of the City of Sheridan, Colorado,
Defendants-Appellees and Cross-Appellants.
ORDER AFFIRMED
Division V
Opinion by JUDGE GRAHAM
Carparelli and Booras, JJ., concur
Court of Appeals No. 11CA0893
Arapahoe County District Court No. 98DR2960
Honorable Robert H. Russell, II, Judge
In re the Marriage of
Sarah L. Paige,
Appellee,
and
Steven R. Paige,
Appellant.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE TAUBMAN
Fox and Rothenberg*, JJ., concur
Court of Appeals No. 11CA1080
Colorado Division of Securities
Case No. XY-11-CD-11
Fred J. Joseph, Colorado Securities Commissioner,
Petitioner-Appellee,
and
Colorado Division of Securities,
Appellee,
v.
Mieka Corporation, Daro Blankenship, and Stephen Romo,
Respondents-Appellants.
ORDER AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
Fox and Rothenberg*, JJ., concur
Court of Appeals No. 11CA1259
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-648-693
Patrick Youngs and Chris Forsyth,
Petitioners,
v.
Industrial Claim Appeals Office of the State of Colorado, White Moving & Storage, Inc., and Pinnacol Assurance,
Respondents.
ORDER AFFIRMED
Division II
Opinion by JUDGE HAWTHORNE
J. Jones and Kapelke*, 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. 06CA1525
Jefferson County District Court No. 05CR977
Honorable Margie L. Enquist, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Cong Thanh Lam,
Defendant-Appellant.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE ROMán
Richman and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0888
Mesa County District Court No. 08CR495
Honorable Brian J. Flynn, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ramiro Valenzuela,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE RUSSEL
Bernard, J., concurs
Hawthorne, J., concurs in part and dissents in part
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1298
Arapahoe County District Court No. 08CR848
Honorable John L. Wheeler, Judge
Honorable Carlos A. Samour, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Robert Eugene Tucker,
Defendant-Appellant.
JUDGMENT AFFIRMED IN
PART, VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE CASEBOLT
Furman and Rothenberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1453
Adams County District Court No. 08CR2196
Honorable Francis C. Wasserman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Mary Elaine Bradford,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by: JUDGE RICHMAN
Román and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1516
El Paso County District Court No. 02CR4013
Honorable Thomas L. Kennedy, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
David Michael Scranton,
Defendant-Appellant.
ORDER AFFIRMED
Division VI
Opinion by JUDGE GABRIEL
Román and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1795
Garfield County District Court No. 08CR670
Honorable Gail H. Nichols, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Robert Keith Hutton,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
Dailey and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2066
City and County of Denver District Court No. 04CR2387
Honorable Michael A. Martinez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Maximillian Lewis,
Defendant-Appellant.
ORDER AFFIRMED
Division VI
Opinion by JUDGE ROMán
Bernard and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2365
Adams County District Court No. 08CR1897
Honorable John T. Bryan, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Richard Dominic Avila,
Defendant-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE LICHTENSTEIN
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0876
Pitkin County District Court No. 06CV239
Honorable Gail H. Nichols, Judge
Prospector Fractional Owners Association,
Plaintiff-Appellee,
v.
Gale Glazer,
Defendant-Appellant.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE RICHMAN
Román and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0897
City and County of Denver District Court Nos. 05CR5498 & 05CR5754
Honorable Shelley I. Gilman, Judge
Honorable John W. Madden, IV, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Frank G. Blair,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE LICHTENSTEIN
Webb and Kapelke*, JJ., concur
Court of Appeals No. 10CA1220
Arapahoe County District Court No. 09CR1901
Honorable Valeria N. Spencer, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jairon Samuel Sosa-Salguero,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE FOX
Terry and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1466
El Paso County District Court No. 09DR2273
Honorable Jann P. Dubois, Judge
In re the Marriage of
Inge Kupske,
Appellant,
and
Arnold Kupske,
Appellee.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE DAILEY
Taubman and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1468
City and County of Denver District Court No. 09CR1135
Honorable Christina M. Habas, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael Richard Lawrence,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE WEBB
Lichtenstein and Kapelke*, JJ., concur
Court of Appeals No. 10CA1474
Douglas County District Court No. 09CR118
Honorable Paul A. King, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jesse Lee Jo Wallis,
Defendant-Appellant.
Order Affirmed
Division B
Roy, Loeb, and Lichtenstein, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1484
Jefferson County District Court No. 08CR3195
Honorable Jane A. Tidball, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
John Joseph Martinez,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE ROTHENBERG*
Casebolt and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1552
Jefferson County District Court No. 09CR2523
Honorable Philip J. McNulty, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Anthony Ronald Murphy,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE BERNARD
Román and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1673
Adams County District Court No. 07CR1982
Honorable Robert S. Doyle, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jeffery Allen Nelson,
Defendant-Appellant.
SENTENCE AFFIRMED
Division VI
Opinion by JUDGE GABRIEL
Román and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1821
Boulder County District Court No. 05DR1331
Honorable James C. Klein, Judge
In re the Marriage of
Danielle Kiley,
Appellee,
and
Michael Kiley,
Appellant.
APPEAL DISMISSED IN PART, ORDER AFFIRMED,
AND CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE WEBB
Lichtenstein and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1970
Arapahoe County District Court No. 02CR956
Honorable Elizabeth Weishaupl, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Leonard Baker,
Defendant-Appellant.
ORDER AFFIRMED
Division VI
Opinion by JUDGE GABRIEL
Román and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2478
Adams County District Court No. 06CR448
Honorable Francis C. Wasserman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Deborah G. Ware,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE BERNARD
Román and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0280
City and County of Denver District Court No. 01CR4244
Honorable John W. Madden, IV, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Keith Crumley,
Defendant-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE KAPELKE*
Webb and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0368
Douglas County District Court No. 07CV1443
Honorable Richard B. Caschette, Judge
Heidi Oster, individually and as a member of Horizon Women’s Care Professional, LLC; and Horizon Women’s Care Professional, LLC, a Colorado limited liability company,
Plaintiffs-Appellees,
v.
Judy Baack,
Defendant-Appellant.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE DAILEY
Taubman and Fox, JJ., concur
Court of Appeals No. 11CA0609
El Paso County District Court No. 87DR3464
Honorable Scott A. Sells, Judge
In re the Marriage of
Carla Lorraine Young,
Appellant,
and
James Edward Young,
Appellee.
ORDER AFFIRMED
Division VII
Opinion by JUDGE ROMÁN
Richman and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0670
El Paso County District Court No. 08CR2738
Honorable Theresa M. Cisneros, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Grover Allan Tarver,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE CASEBOLT
Furman and Rothenberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1018
Jefferson County District Court No. 02DR3516
Honorable Dennis J. Hall, Judge
In re the Marriage of
Colleen Nieschwietz,
Appellee,
and
Robert Nieschwietz,
Appellant.
ORDERS AFFIRMED
Division IV
Opinion by JUDGE WEBB
Russel and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1135
Garfield County District Court No. 08CV140
Honorable James B. Boyd, Judge
Lisa Martin,
Plaintiff-Appellee,
v.
Scott Dawson, in his official capacity and in his individual capacity,
Defendant-Appellant.
ORDER AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE WEBB
Lichtenstein and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1238
Fremont County District Court No. 06CV495
Honorable Julie G. Marshall, Judge
Waldo Mackey,
Plaintiff-Appellant,
v.
Dr. Joseph Wermers and Sgt. Morris
Defendants-Appellees.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE CASEBOLT
Furman and Rothenberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1527
City and County of Denver District Court No. 10CV8788
Honorable Catherine A. Lemon, Judge
Gayle A. Weinstein,
Plaintiff-Appellant,
v.
Denver Employees Retirement Plan,
Defendant-Appellee.
ORDER AFFIRMED
Division IV
Opinion by JUDGE KAPELKE*
Webb and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1791
Adams County District Court No. 10JD595
Honorable Mark D. Warner, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of J.J.B., a Child,
Juvenile-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE LICHTENSTEIN
Webb and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1907
Logan County District Court No. 96CR156
Honorable Michael K. Singer, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Bruce A. Thompson,
Defendant-Appellant.
APPEAL DISMISSED IN PART AND ORDER AFFIRMED
Division B
Roy, Loeb, and Lichtenstein, JJ.
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2189
Industrial Claim Appeals Office of the State of Colorado
DD No. 16182-2011
Comedy Works, Inc.,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and David N. Foster,
Respondents.
ORDER AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
Russel and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2505
Denver Juvenile Court No. 09JV1372
Honorable David Brett Woods, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of D.C.D., a Child,
and Concerning F.D.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE TERRY
Booras and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0176
Weld County District Court No. 10JV196
Honorable Dinsmore Tuttle, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of I.D.-G., B.D.-G, Z.D.-G., D.D.-G., and J.D., Children,
and Concerning A.G., and J.D.,
Respondents-Appellants.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE DAILEY
Roy and Richman, JJ., concur
Court of Appeals No. 12CA0177
Adams County District Court No. 10JV484
Honorable Francis C. Wasserman, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of D.L., a Child,
and Concerning E.L.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE J. JONES
Taubman and Russel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0276
Industrial Claim Appeals Office of the State of Colorado
DD No. 18655-2011
Tawana J. Cooper,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; and 10 Til 2, LLC,
Respondents.
ORDER AFFIRMED
Division III
Opinion by JUDGE RICHMAN
Roy and Dailey, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0282
Industrial Claim Appeals Office of the State of Colorado
DD No. 18070-2011
Darcy J. Lehmkuhl,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Aurora Comprehensive Community Inc.,
Respondents.
ORDER AFFIRMED
Division I
Opinion by JUDGE RUSSEL
Taubman and J. Jones, 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. 10CA0509
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Flozell J. Beasley,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1778
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Adolph Quinton Sherrod,
Defendant-Appellant.
PETITION FOR REHEARING DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1823
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael Backus,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0359
El Paso County District Court No. 09CV4374
Honorable Gregory R. Werner, Judge
Keith Kolln,
Plaintiff-Appellant,
v.
Eric N. Wyatt, individually and d/b/a Action Excavating & Landscaping, Inc., a/k/a Action Excavating & Utilities, Inc., a/k/a Action Excavating Asphalt & Concrete Company,
Defendant-Appellee.
ORDER AFFIRMED
Division I
Opinion by JUDGE FOX
Taubman and Dailey, JJ., concur
Opinion Modified and
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0502
Barbara K. Brown, Ph.D.; and Karen A. Hammer,
Plaintiffs-Appellants,
v.
Rabbi Joshua Adam Rose; Rabbi Deborah Ruth Bronstein; and Congregation Har HaShem, a Colorado corporation,
Defendants-Appellees.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0523
Andrew Fisher,
Plaintiff-Appellant,
v.
Dallas Creek Water Company, Inc., a Colorado corporation,
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. 2011.