ANNOUNCEMENTS
COLORADO COURT OF APPEALS
October 11, 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. 10CA0788
City and County of Denver District Court No. 08CR4149
Honorable Shelley I. Gilman, Judge
Honorable Michael A. Martinez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Derrick Demetrus Wilson,
Defendant-Appellant.
JUDGMENT AND SENTENCE REVERSED
AND CASE REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE TAUBMAN
Webb and Loeb, JJ., concur
Court of Appeals No. 10CA1846
Pueblo County District Court No. 07CV1349
Honorable Larry C. Schwartz, Judge
David A. Hiner and Deelila A. Quick,
Plaintiffs-Appellants,
v.
Bruce Johnson, M.D.; and Michael King, M.D.,
Defendants-Appellees.
ORDER AFFIRMED
Division VI
Opinion by JUDGE BERNARD
Loeb and Nieto*, JJ., concur
Court of Appeals No. 10CA2045
City and County of Denver District Court No. 08CR2208
Honorable Anne M. Mansfield, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Tyrone Maurice Williams,
Defendant-Appellant.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND SENTENCE VACATED IN PART
Division V
Opinion by JUDGE FOX
Carparelli and Miller, JJ., concur
Court of Appeals No. 10CA2544
Pitkin County District Court No. 10CR29
Honorable James B. Boyd, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Xavier Aguilera Samson,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE GABRIEL
Plank* and Nieto*, JJ., concur
Court of Appeals No. 11CA0134
Douglas County District Court No. 06CV39
Honorable James F. Macrum, Jr., Judge
SDI, Inc., a Colorado corporation,
Plaintiff-Appellee,
v.
Pivotal Parker Commercial, LLC, a Delaware corporation,
Defendant-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE FURMAN
Webb and Russel, JJ., concur
Court of Appeals No. 11CA1507
City and County of Denver District Court No. 10CV1589
Honorable Robert S. Hyatt, Judge
Gary R. Justus; Kathleen Hopkins; Eugene Halaas; and Robert P. Laird, Jr.,
Plaintiffs-Appellants,
v.
The State of Colorado; Governor John Hickenlooper, in his official capacity; Colorado Public Employees’ Retirement Association; Carole Wright, in her official capacity; and Maryann Motza, in her official capacity,
Defendants-Appellees.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE J. JONES
Graham and Terry, JJ., concur
Court of Appeals No. 11CA1700
City and County of Denver District Court No. 11CV308
Honorable Ann B. Frick, Judge
Annabell Jacox,
Plaintiff-Appellant,
v.
American Family Mutual Insurance Company,
Defendant-Appellee.
ORDER AFFIRMED
Division VII
Opinion by JUDGE HAWTHORNE
Román and Furman, JJ., concur
______________________________________________________________________________
Court of Appeals No. 11CA1772
El Paso County District Court No. 11CV3157
Honorable Thomas K. Kane, Judge
Marilyn Daniel,
Plaintiff-Appellee,
v.
City of Colorado Springs, a Colorado municipal corporation and home rule city,
Defendant-Appellant.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE GRAHAM
Terry and J. Jones, JJ., concur
Court of Appeals Nos. 11CA1852 & 11CA2003
City and County of Denver District Court No. 11CV3583
Honorable Catherine A. Lemon, Judge
Board of County Commissioners of Gilpin County, a Colorado county; Forrest Whitman, in his official capacity as member of the Board of County Commissioners and individually as taxpayer and resident of Gilpin County; Bruce V. Schmalz, in his official capacity as member of the Board of County Commissioners and individually as taxpayer and resident of Gilpin County; and Connie McLain, in her official capacity as member of the Board of County Commissioners and individually as taxpayer and resident of Gilpin County,
Plaintiffs-Appellants,
v.
City of Black Hawk,
Defendant-Appellant,
and
Colorado Limited Gaming Control Commission; Colorado Division of Gaming; Walker Stapleton, in his official capacity as Colorado State Treasurer; Board of County Commissioners of Teller County, a Colorado county; City of Cripple Creek; and City of Central,
Defendants-Appellees.
ORDER AFFIRMED
Division VII
Opinion by JUDGE FURMAN
Hawthorne and Román, JJ., concur
Court of Appeals No. 11CA1870
Jefferson County District Court No. 09CV4984
Honorable Philip J. McNulty, Judge
Arlene Abady, Duane Duffy, Pete M. Montoya, Caitlin Lowe, Denali Lowe, Pamela A. Wilson, and Estate of Wallace N. Wilson,
Plaintiffs-Appellants,
v.
Certain Underwriters at Lloyd’s London Subscribing to Mortgage Bankers Bond No. MBB-06-0009,
Defendant-Appellee.
Judgment Affirmed
Division III
Opinion by JUDGE ROY
Dailey and Richman, JJ., concur
Court of Appeals No. 11CA1917
Arapahoe County District Court No. 10CV1320
Honorable Elizabeth A. Weishaupl, Judge
Gerald Richard Corder,
Plaintiff-Appellant,
v.
William R. Folds, Jr.,
Defendant-Appellee.
Judgment Reversed and Case
remanded with directions
Division III
Opinion by JUDGE ROY
Dailey and Richman, JJ., concur
Court of Appeals No. 11CA2297
El Paso County District Court No. 11CV3941
Honorable Kirk S. Samelson, Judge
Anita Rivera,
Plaintiff-Appellant,
v.
American Family Insurance Group,
Defendant-Appellee.
ORDER AFFIRMED
Division II
Opinion by JUDGE STERNBERG*
Casebolt and Graham, JJ., concur
U N P U B L I S H E D O P I N I O N S
Court of Appeals Nos. 07CA1304 & 08CA0893
Arapahoe County District Court No. 97CR2075
Honorable Charles M. Pratt, Judge
Honorable James F. Macrum, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Bobby Lee Gilkey,
Defendant-Appellant.
CASE REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE BERNARD
Loeb and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA1928
Adams County District Court No. 05CR3991
Honorable Edward C. Moss, Judge
Honorable Mark D. Warner, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Doreon Garcia,
Defendant-Appellant.
JUDGMENTS AND ORDER AFFIRMED
Division III
Opinion by JUDGE DAILEY
Roy and Richman, JJ., concur
Court of Appeals No. 08CA0074
Arapahoe County District Court No. 05CR356
Honorable Charles M. Pratt, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kenneth Louis McGee,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE TERRY
Graham and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1606
City and County of Denver District Court No. 07CR2501
Honorable Sheila A. Rappaport, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Gene Sterling Melendez,
Defendant-Appellant.
JUDGMENT AFFIRMED IN PART AND VACATED IN PART
Division A
Opinion by CHIEF JUDGE DAVIDSON
Sternberg* and Nieto*, JJ., concur
Court of Appeals No. 09CA2538
Adams County District Court No. 08CR2755
Honorable C. Vincent Phelps, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Isaac Kakoakopono Clouse,
Defendant-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE CASEBOLT
Bernard and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0074
Douglas County District Court Nos. 03CR281 & 03CR336
Honorable Nancy A. Hopf, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Gary Robert Williams,
Defendant-Appellant.
JUDGMENT AFFIRMED IN PART, VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE GABRIEL
Lichtenstein and Sternberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0690
Jefferson County District Court No. 09CR434
Honorable Philip J. McNulty, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Linwood Richard Halliburton,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED IN PART, VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE BERNARD
Booras, J., concurs
Casebolt, J., specially concurs
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0896
Boulder County District Court No. 08CR203
Honorable M. Gwyneth Whalen, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Mark Andrew Barajas,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE WEBB
Taubman and Loeb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1939
Garfield County District Court No. 08CR612
Honorable Denise K. Lynch, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jack Jay Binschus,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE CASEBOLT
Bernard and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0544
City and County of Denver District Court No. 10CV9345
Honorable Michael A. Martinez, Judge
Vanessa Cuevas,
Plaintiff-Appellant,
v.
Jaelea Diebold, Pinnacol Assurance, and Andrew Rzepiennik,
Defendants-Appellees.
ORDER AFFIRMED
Division II
Opinion by JUDGE BERNARD
Casebolt and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1263
Jefferson County District Court No. 10DR218
Honorable Jack W. Berryhill, Judge
In re the Marriage of
Howard Jeffery Bartels,
Appellee,
and
Carolyn Suzanne Bartels,
Appellant.
ORDERS AFFIRMED
Division V
Opinion by JUDGE MILLER
Loeb and Hawthorne, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1286
Jefferson County District Court No. 05CR1624
Honorable Dennis Hall, Judge
The People of the State of Colorado,
Plaintiff-Appellant,
v.
Michael Scott Mapps,
Defendant-Appellee.
ORDER AFFIRMED
Division II
Opinion by JUDGE ROTHENBERG*
Casebolt, J., concurs
Furman, J., specially concurs
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1427
Douglas County District Court No. 06CV39
Honorable James F. Macrum, Jr., Judge
SDI, Inc., a Colorado corporation,
Plaintiff-Appellee,
v.
Pivotal Parker Commercial, LLC, a Delaware corporation,
Defendant-Appellant.
ORDERS VACATED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE FURMAN
Kapelke* and Rothenberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1468
El Paso County District Court No. 09CR6
Honorable D. Richard Toth, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Timothy Roy Rutter,
Defendant-Appellant.
ORDER AFFIRMED
Division VI
Opinion by JUDGE STERNBERG*
Gabriel and Ney*, JJ., concur
Court of Appeals No. 11CA1513
Park County District Court No. 10CV223
Honorable Stephen A. Groome, Judge
Millennium Resorts, LLC
Plaintiff-Appellant,
v.
Rocky Mountain Restaurant Management and Consulting, LLP; and Thomas Mitchell
Defendants-Appellees.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE TERRY
Graham and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1959
Arapahoe County District Court No. 09CR2715
Honorable Marilyn Leonard Antrim, Judge
The People of the State of Colorado,
Plaintiff- Appellee,
v.
Charles Deshawn Chalk Rutherford,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE BOORAS
Casebolt and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1990
City and County of Denver District Court No. 11CV3502
Honorable A. Bruce Jones, Judge
Kedong An, d/b/a Gas N Save,
Plaintiff-Appellee,
v.
Georgena Sanchez, Julian Sanchez, and all other occupants at 3020 North Speer Boulevard, Denver, Colorado 80211,
Defendants-Appellants.
ORDER AND JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE ROMÁN
Hawthorn and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2069
Arapahoe County District Court No. 11CV736
Honorable Elizabeth Beebe Volz, Judge
Jamileh Miller and Mark S. Miller
Plaintiffs-Appellants,
v.
Deutsche Bank National Trust Company; OneWest Bank, FSB; Aronowitz & Mecklenberg, LLP; Susan Hendrick; and CitiMortgage, Inc.,
Defendants-Appellees.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE J. JONES
Graham and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
JUDGMENT AFFIRMED
Pueblo County District Court No. 10CV1920
Honorable Victor I. Reyes, Judge
Vanessa Vazquez,
Plaintiff-Appellant,
v.
Stephen J. Wassinger, MD,
Defendant-Appellee.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE CASEBOLT
Bernard and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
______________________________________________________________________________
Court of Appeals No. 11CA2434
City and County of Denver District Court No. 03CR4895
Honorable Robert L. McGahey, Jr., Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Golda Louise Harvey,
Defendant-Appellant.
ORDER AFFIRMED
Division VI
Opinion by JUDGE STERNBERG*
Lichtenstein and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
______________________________________________________________________________
Court of Appeals No. 11CA2442
El Paso County District Court No. 10DR5371
Honorable Michael P. McHenry, Judge
In re the Marriage of
Charles Danley,
Appellant,
and
Cynthia Danley, n/k/a Cynthia Quinlan,
Appellee.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE TERRY
Graham and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
______________________________________________________________________________
Court of Appeals No. 12CA0128
City and County of Denver District Court No. 10CV9279
Honorable Catherine A. Lemon, Judge
State Farm Mutual Automobile Company,
Plaintiff-Appellant,
v.
Joseph W. Geier,
Defendant-Appellee.
ORDER AFFIRMED
Division VI
Opinion by JUDGE GABRIEL
Lichtenstein and Sternberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
______________________________________________________________________________
Court of Appeals No. 12CA0170
Park County District Court No. 11CV206
Honorable C.M. Barton, Judge
Board of County Commissioners of the County of Park, Colorado,
Plaintiff-Appellee,
v.
Fairplay Sanitation District,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE FOX
Miller and Ney*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
______________________________________________________________________________
Court of Appeals No. 12CA0232
City and County of Denver District Court No. 09CV5151
Honorable Michael A. Martinez, Judge
Till Steininger,
Third-Party Defendant and Cross-Claim Plaintiff-Appellant,
v.
FirstBank of Wheat Ridge, a Colorado corporation,
Third-Party Defendant and Cross-Claim Defendant-Appellee.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE LICHTENSTEIN
Gabriel and Sternberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
______________________________________________________________________________
Court of Appeals No. 12CA0413
La Plata County District Court No. 10CV54
Honorable Jeffrey R. Wilson, Judge
Keith Family Limited Partnership,
Plaintiff-Appellant,
v.
BP America Production Company; and Schultz Energy, L.L.C.,
Defendants-Appellees.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE GRAHAM
J. Jones and Sternberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1207
Adams County District Court No. 11JV65
Honorable Mark D. Warner, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of C.N., I.S., and S.T., Children,
and Concerning S.T.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE FURMAN
Hawthorne and Román, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
______________________________________________________________________________
Court of Appeals No. 12CA1317
City and County of Denver Juvenile Court No. 11JV1086
Honorable Karen M. Ashby, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of M.J.E.R-H., a Child,
and Concerning K.P.W.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division A
Opinion by CHIEF JUDGE DAVIDSON
Sternberg* and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
______________________________________________________________________________
Court of Appeals No. 12CA1495
Industrial Claim Appeals Office of the State of Colorado
DD No. 6586-2012
Linda M. Aldridge,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; and Adams Arapahoe Aurora Schools 28J,
Respondents.
ORDER AFFIRMED
Division A
Opinion by JUDGE NIETO*
Davidson, C.J., and Sternberg*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1607
Pueblo County District Court No. 12MH217
Honorable William D. Alexander, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of Edward J. Gavell, Jr.,
Respondent-Appellant.
ORDER AFFIRMED
Division II
Opinion by JUDGE BERNARD
Casebolt and Booras, 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. 09CA0732
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Driss Tico Abouali,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2407
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Anthony Mondragon,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0102
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Julian Vizcarra-Rojas,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2472
In re the Marriage of
Edward Marx,
Appellant,
and
Nicole Marx,
Appellee.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2549
The People of the State of Colorado,
Plaintiff-Appellant,
v.
Fredrick C. Harris,
Defendant-Appellee.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1048
Terri Willoughby,
Plaintiff-Appellant,
v.
Pierre Pavot, D.O.,
Defendant-Appellee.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1369
Frances Casias,
Plaintiff-Appellant,
v.
G&S Oil Products, Inc., d/b/a G&S Services,
Defendant-Appellee.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1872
Cora Lea Chittenden, LCSW,
Appellant,
v.
Colorado Board of Social Work Examiners,
Appellee.
Opinion Modified and
Petition for Rehearing DENIED
Court of Appeals No. 11CA2187
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Gregory C. Reed,
Defendant-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. 2012.