Colorado Court of Appeals Opinions || September 29, 2011
Colorado Court of Appeals -- September 29, 2011
Announcement Sheet
PUBLISHED OPINIONS
Court of Appeals No. 10CA1111
Pitkin County District Court No. 09CV294
Honorable James B. Boyd, Judge
Marilyn Marks, a resident of the City of Aspen, Colorado,
Plaintiff-Appellant,
v.
Kathryn Koch, Clerk of the City of Aspen, Colorado,
Defendant-Appellee.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE FURMAN
Roy and Lichtenstein, JJ., concur
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Court of Appeals No. 10CA1158
El Paso County District Court No. 04DR1132
Honorable Theresa M. Cisneros, Judge
In re the Marriage of
Robert B. Poland,
Appellant,
and
Jeanie R. Poland,
Appellee.
ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE WEBB
Roy and Fox, JJ., concur
UNPUBLISHED OPINIONS
Court of Appeals No. 08CA1129
Douglas County District Court No. 07CR16
Honorable Paul A. King, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Stacy Eric Smith,
Defendant-Appellant.
JUDGMENT AND SENTENCE 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. 09CA0325
Adams County District Court No. 93CR1195
Honorable Thomas R. Ensor, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jose Arturo Pena,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE CRISWELL*
Casebolt and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0517
Adams County District Court No. 08CR835
Honorable Mark D. Warner, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Daci Iman Lati Stephenson,
Defendant-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE NIETO*
Graham and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1093
El Paso County District Court No. 08CR5
Honorable David L. Shakes, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Brian John Gresl,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE LOEB
Terry and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1301
Adams County District Court No. 07CR3872
Honorable Francis C. Wasserman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Anthony Michael Saldana,
Defendant-Appellant.
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. 09CA1760
Jefferson County District Court No. 08CR1963
Honorable Jane A. Tidball, Judge
Honorable James C. Demlow, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Tom Bonnet,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE GRAHAM
Gabriel and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals Nos. 09CA1988 & 10CA0445
Douglas County District Court No. 07CV2228
Honorable Vincent R. White, Judge
Equity Secured Funds, Inc.,
Plaintiff-Appellee,
v.
Patrick Irving,
Third-Party Defendant-Appellee,
and
Edwin H. McKenna, Patricia McKenna, and McKenna Development Company, a Colorado limited liability company,
Defendants-Appellants.
JUDGMENTS AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
--------------------AND--------------------
Equity Secured Funds, Inc.,
Plaintiff-Appellee,
v.
Edwin H. McKenna; and McKenna Development Company, a Colorado limited liability company,
Defendants-Appellants,
and
McKenna Development Company, Inc., a/k/a McKenna Development Inc., an administratively dissolved Colorado corporation,
Appellant.
ORDERS REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE RICHMAN
Furman and Criswell*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2323
Chaffee County District Court No. 02CR120
Honorable William Alderton, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Joshua Troy Dooly,
Defendant-Appellant.
ORDER 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. 09CA2572
Alamosa County District Court No. 88CR22
Honorable O. John Kuenhold, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Robert Paul Ludwig,
Defendant-Appellant.
ORDER AFFIRMED
Division VI
Opinion by JUDGE LOEB
Terry and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0224
El Paso County District Court No. 04CR3451
Honorable Deborah J. Grohs, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Curtis Lee Brooks,
Defendant-Appellant.
ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE GRAHAM
Dailey and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0901
Logan County District Court No. 09CV172
Honorable Charles M. Hobbs, Judge
Oscar Herrera,
Plaintiff-Appellant,
v.
Tom Clements, Executive Director of the Colorado Department of Corrections; and Kevin Milyard, Warden of the Sterling Correctional Facility,
Defendants-Appellees.
ORDER AFFIRMED
Division II
Opinion by JUDGE MILLER
Casebolt and Criswell*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1091
City and County of Denver District Court No. 09CR3574
Honorable Robert L. McGahey, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Eddie G. Bunch,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE CASEBOLT
Miller and Criswell*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1186
Arapahoe County District Court No. 05DR2190
Honorable Robert H. Russell, Judge
In re the Marriage of
Deborah Jean Jaehning,
Appellee,
and
Mark Willard Jaehning,
Appellant.
ORDERS AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE LOEB
Terry and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1390
Garfield County District Court No. 99CR139
Honorable Denise K. Lynch, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Carl Vincent Avery,
Defendant-Appellant.
ORDER 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. 10CA1450
Adams County District Court No. 00CR1644
Honorable Chris Melonakis, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Timothy Shiego Doi,
Defendant-Appellant.
ORDER REVERSED, SENTENCE VACATED,
AND CASE REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE LOEB
Terry and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1667
El Paso County District Court No. 09CV3827
Honorable David A. Gilbert, Judge
Above the Clouds Enterprises, Inc.,
Plaintiff-Appellee and Cross-Appellant,
v.
BJ’s Car Care Center, LLC,
Defendant-Appellant and Cross-Appellee.
JUDGMENT VACATED 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. 10CA1759
Adams County District Court No. 95CR151
Honorable Chris Melonakis, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
John Ray Swiger,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Graham, Gabriel, and Miller, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1832
El Paso County District Court No. 06CR1327
Honorable J. Patrick Kelly, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jose Manuel Pimentel,
Defendant-Appellant.
ORDERS 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. 10CA2022
Adams County District Court No. 10DR74
Honorable John T. Bryan, Judge
In re the Marriage of
Kristen Linenberger,
Appellant,
v.
Steven G. Broman, Jr.,
Appellee.
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. 10CA2162
El Paso County District Court No. 07CR3324
Honorable Thomas L. Kennedy, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Antonio Dwan Williams,
Defendant-Appellant.
ORDER Affirmed
Division I
Opinion by JUDGE ROMán
Taubman and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2256
City and County of Denver District Court No. 10CV5088
Honorable Michael A. Martinez, Judge
Davidsons Liquor, Inc.; Daveco Liquors Corporation; Issam Sawaged; Hani Sawaged; Ghassan Sawaged; Bassam Sawaged; and Shafeek Sawaged,
Plaintiffs-Appellants,
v.
Roxy Huber, in her official capacity as Executive Director of the Colorado Department of Revenue,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division III
Opinion by CHIEF JUDGE DAVIDSON
Plank* and Ney*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2280
City and County of Denver District Court No. 09CV2767
Honorable William W. Hood, Judge
Lari Jourdon,
Plaintiff-Appellee,
v.
State Farm Mutual Automobile Insurance Company,
Defendant-Appellant.
Judgment Affirmed
Division III
Opinion by JUDGE ROY
Loeb and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2310
Adams County District Court No. 10CV255
Honorable Edward C. Moss, Judge
Eastern Adams County Metropolitan District, a quasi-municipal corporation,
Plaintiff-Appellee,
v.
Strasburg Sanitation and Water District, a quasi-municipal corporation,
Defendant-Appellant.
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. 10CA2331
Adams County District Court No. 09CV1861
Honorable Edward C. Moss, Judge
Linda Louise Avery,
Plaintiff-Appellant,
v.
Colorado Asphalt Services, Inc., a Colorado corporation,
Defendant-Appellee.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE TERRY
Richman and Rothenberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2390
Larimer County District Court No. 96DR112
Honorable Stephen J. Schapanski, Judge
In re the Parental Responsibilities Concerning A.C.H., a Child,
and Concerning Lisa Fuerte, n/k/a Lisa Hansen,
Appellant,
and
Mark A. Holy,
Appellee.
ORDER AFFIRMED
Division III
Opinion by CHIEF JUDGE DAVIDSON
Plank* and Ney*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2434
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-808-132
Rocky Mountain Motorists, Inc., d/b/a AAA of Colorado, Inc.; and Pinnacol Assurance,
Petitioners,
v.
Industrial Claim Appeals Office of the State of Colorado and Elizabeth Hinkle,
Respondents.
ORDER AFFIRMED
Division II
Opinion by JUDGE CRISWELL*
Casebolt and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2628
El Paso County District Court No. 10CR1116
Honorable Barney Iuppa, Judge
The People of the State of Colorado,
Plaintiff-Appellant,
v.
Lonnie Laris Brady,
Defendant-Appellee.
ORDER AFFIRMED
Division I
Opinion by JUDGE BOORAS
Taubman and Román, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0259
Office of Administrative Courts No. TA 2010-0007
Patrick Lyons,
Petitioner-Appellant,
v.
School District No. 1, and City and County of Denver, Colorado,
Respondent-Appellee.
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. 11CA0346
Industrial Claim Appeals Office of the State of Colorado
DD No. 35487-2010
Paulette Y. Bruton,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Pendum, LLC,
Respondents.
ORDER AFFIRMED
Division C
Bernard, Lichtenstein, and Fox, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0373
Industrial Claim Appeals Office of the State of Colorado
W.C. No. 4-657-036
Marie E. Nielsen-Hernandez,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado, King Soopers, and Sedgwick Claims Management Services, Inc.,
Respondents.
ORDER AFFIRMED
Division III
Opinion by JUDGE PLANK*
Davidson, C.J. and Ney*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0441
Mesa County District Court No. 10JV71
Honorable Thomas M. Deister, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of A.M.J., Child,
and Concerning M.J.J.,
Respondent-Appellant.
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. 11CA0741
Adams County District Court No. 05CR719
Honorable Chris Melonakis, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Richard E. Schmittel,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Graham, Gabriel, and Miller, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0826
Gunnison County District Court No. 10JV4
Honorable J. Steven Patrick, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of J.L.T. and B.C.T., Children,
and Concerning A.J.T.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE NEY*
Davidson, C.J. and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0869
Weld County District Court No. 09JV225
Honorable Marcelo A. Kopcow, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of E.B., Child,
and Concerning E.B.,
Respondent-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. 11CA0968
Mesa County District Court No. 10JV52
Honorable Richard T. Gurley, Judge
The People of the State of Colorado,
Petitioner-Appellee
In the Interest of M.D.S., a Child,
and Concerning M.T.S.,
Respondent-Appellant.
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. 11CA0995
El Paso County District Court No. 09JV369
Honorable G. David Miller, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of A.B., a Child,
and Concerning C.B.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE LICHTENSTEIN
Casebolt and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0999
Industrial Claim Appeals Office of the State of Colorado
DD No. 37186-2010
Christopher E. Atencio,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and the City and County of Denver,
Respondents.
ORDER AFFIRMED
Division C
Bernard, Lichtenstein, and Fox, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1011
Industrial Claim Appeals Office of the State of Colorado
DD No. 37438-2010
Debbie E. Jones,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Charming Shoppes of Delaware, Inc.,
Respondents.
ORDER AFFIRMED
Division C
Bernard, Lichtenstein, and Fox, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1064
Industrial Claim Appeals Office of the State of Colorado
DD No. 5280-2011
Verna J. Hendrix,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Goodwill Industries of Denver,
Respondents.
ORDER AFFIRMED
Division C
Bernard, Lichtenstein, and Fox, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1261
Industrial Claim Appeals Office of the State of Colorado
DD No. 8130-2011
Jerry E. Barlow,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Convenience Retailers LLC
Respondents.
ORDER AFFIRMED
Division C
Bernard, Lichtenstein, and Fox, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1443
Industrial Claim Appeals Office of the State of Colorado
DD No. 10129-2011
Joe Harris,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Denver Public Schools,
Respondents.
ORDER AFFIRMED
Division C
Bernard, Lichtenstein, and Fox, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
PETITIONS FOR REHEARING
Court of Appeals No. 09CA0032
In re the Marriage of
Evelyn Jane Flanders, n/k/a Evelyn Jane Lawrence,
Appellee,
and
Gary Woodrow Flanders,
Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1095
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Vincent Palomo,
Defendant-Appellant.
Petition for Rehearing DENIED
Court of Appeals No. 10CA1006
Land Owners United, LLC, a Colorado limited liability corporation; and Land Owners United, Inc., a Colorado nonprofit corporation,
Plaintiffs-Appellees,
v.
Marcia Waters, Director of the Colorado Division of Real Estate; and the Colorado Board of Real Estate Appraisers,
Defendants-Appellants.
Opinion Modified and
Petition for Rehearing DENIED
Announced August 18, 2011
Court of Appeals No. 10CA1822
In re the Parental Responsibilities of
Helen Shelton,
Appellee,
and
Caroline Smith,
Appellant.
Opinion Modified and
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0733
The People of the State of Colorado,
Appellee,
In the Interest of A.Y., a Child,
and Concerning T.B.,
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.
These opinions are not final. They may be modified, changed or withdrawn in accordance with Rules 40 and 49 of the Colorado Appellate Rules. Changes to or modifications of these opinions resulting from any action taken by the Court of Appeals or the Supreme Court are not incorporated here.
Colorado Court of Appeals Opinions || September 29, 2011
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