-1- ANNOUNCEMENTS Colorado Court of Appeals December 10, 2015

Transcription

1 -1- COLORADO COURT OF APPEALS 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. U N P U B L I S H E D O P I N I O N S Court of Appeals No. 11CA1993 Weld County District Court No. 10CR1873 Honorable Shannon D. Lyons, Judge Thomas Derk, JUDGMENT AFFIRMED Division III Opinion by JUDGE WEBB Fox and Berger, JJ., concur

2 -2- Court of Appeals No. 12CA0714 Mesa County District Court No. 09CR139 Honorable Richard T. Gurley, Judge Stephen Dallas Peck, JUDGMENT AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE FURMAN Booras and Rothenberg*, JJ., concur Court of Appeals No. 12CA1101 Routt County District Court No. 10CR83 Honorable Shelley A. Hill, Judge Robert Allen Cash, JUDGMENT AFFIRMED Division III Opinion by JUDGE WEBB Fox and Berger, JJ., concur

3 -3- Court of Appeals No. 13CA0476 Adams County District Court No. 12CR125 Honorable John E. Popovich, Jr., Judge Daniel Matthew Krajnik, JUDGMENT AFFIRMED, SENTENCE AFFIRMED IN PART, VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE BERGER Webb and Fox, JJ., concur Court of Appeals No. 13CA0799 Arapahoe County District Court No. 12CR827 Honorable Kurt A. Horton, Judge Awath Basem Hammad, JUDGMENT AFFIRMED Division V Opinion by JUDGE HAWTHORNE Furman and Richman, JJ., concur

4 -4- Court of Appeals No. 13CA0980 El Paso County District Court No. 12CR2174 Honorable William B. Bain, Judge Luke Howard Kerbs, JUDGMENT AFFIRMED Division I Opinion by JUDGE TAUBMAN J. Jones and Harris, JJ., concur Court of Appeals No. 13CA1040 El Paso County District Court No. 09CR254 Honorable Robert L. Lowrey, Judge Matthew James Ray, Division II Opinion by JUDGE BOORAS Dailey and Navarro, JJ., concur

5 -5- Court of Appeals No. 13CA1393 Mesa County District Court Nos. 07CR697 & 07CR1123 Honorable Valerie J. Robison, Judge Plaintiff-Appellant, Ofelio L. Acosta, Defendant-Appellee. APPEAL DISMISSED IN PART AND Division VI Opinion by JUDGE DUNN Bernard and Terry, JJ., concur Court of Appeals No. 13CA2194 El Paso County District Court No. 12CR3769 Honorable Timothy J. Schutz, Judge Brandy Nicole Toothaker, JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division VII Opinion by JUDGE ASHBY Lichtenstein and Miller, JJ., concur

6 -6- Court of Appeals No. 13CA2201 Jefferson County District Court No. 07CR2001 Honorable Philip J. McNulty, Judge Keegan Scott Redler, Division III Opinion by JUDGE WEBB Fox and Berger, JJ., concur Court of Appeals No. 13CA2374 Arapahoe County District Court No. 12CR2412 Honorable Gerald J. Rafferty, Judge Joseph Robert Gomez, JUDGMENT AND SENTENCE AFFIRMED Division VII Opinion by CHIEF JUDGE LOEB Sternberg* and Plank*, JJ., concur

7 -7- Court of Appeals No. 14CA0324 Adams County District Court No. 11CV577 Honorable Edward C. Moss, Judge James E. Bates and James Edward Bates, LLC, Plaintiffs, Joseph P. Fonfara, Esq., Defendant-Appellee, and Robert S. McCormick, Esq., JUDGMENT AFFIRMED IN PART AND APPEAL DISMISSED IN PART Division VII Opinion by JUDGE MILLER Lichtenstein and Ashby, JJ., concur

8 -8- Court of Appeals No. 14CA0328 Jefferson County District Court No. 12CR1869 Honorable Dennis J. Hall, Judge Manuel Cervantes-Padilla, JUDGMENT AFFIRMED Division III Opinion by JUDGE WEBB Fox and Berger, JJ., concur Court of Appeals No. 14CA0506 Boulder County District Court No. 13CR378 Honorable Andrew R. Macdonald, Judge David William Trevino, JUDGMENT REVERSED IN PART AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE WEBB Fox and Berger, JJ., concur

9 -9- Court of Appeals No. 14CA0816 Jefferson County District Court No. 11CR2302 Honorable Lily W. Oeffler, Judge Daniel C. Macko, Division VI Opinion by JUDGE BERNARD Terry and Dunn, JJ., concur Court of Appeals No. 14CA1015 Morgan County District Court No. 12CR141 Honorable Douglas R. Vannoy, Judge Peter Craig Adams, SENTENCE AFFIRMED Division V Opinion by JUDGE HAWTHORNE Furman and Richman, JJ., concur

10 -10- Court of Appeals Nos. 14CA1065 & 14CA1807 Jefferson County District Court No. 12CV3663 Honorable Christopher C. Zenisek, Judge Stickel Investments, LLC, a New Jersey limited liability company; and Michael Stickel, Third-Party Defendants-Appellees and Cross-Appellants, and Arvada Investment Properties, LLC, a Colorado limited liability company, Plaintiff-Appellee and Cross-Appellant, Circle Properties LLC, a Colorado limited liability company, Defendant-Appellant and Cross-Appellee. ORDERS REVERSED AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE BERGER Webb and Fox, JJ., concur

11 -11- Court of Appeals No. 14CA1121 Mesa County District Court No. 06CR1123 Honorable Richard T. Gurley, Judge Shane E. Johnson, Division I Opinion by JUDGE TAUBMAN J. Jones and Harris, JJ., concur Court of Appeals No. 14CA1369 City and County of Denver District Court No. 97CR3493 Honorable Edward D. Bronfin, Judge Max Martinez, Division I Opinion by JUDGE J. JONES Taubman and Harris, JJ., concur

12 -12- Court of Appeals No. 14CA1499 Arapahoe County District Court No. 11CR2165 Honorable Elizabeth A. Weishaupl, Judge Paul Owen Stallins, Division VII Opinion by JUDGE ASHBY Lichtenstein and Miller, JJ., concur Court of Appeals No. 14CA1508 El Paso County District Court No. 12CR1586 Honorable Barney Iuppa, Judge Charles Chavez, ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE NAVARRO Dailey and Booras, JJ., concur

13 -13- Court of Appeals No. 14CA1552 El Paso County District Court No. 13CR4691 Honorable Robin L. Chittum, Judge Clifford Wayne Chance, Division II Opinion by JUDGE BOORAS Dailey and Navarro, JJ., concur Court of Appeals No. 14CA1651 Boulder County District Court No. 13CR1512 Honorable Andrew R. Macdonald, Judge Sang Hyun Leaming, JUDGMENT AFFIRMED Division VII Opinion by JUDGE ASHBY Lichtenstein and Miller, JJ., concur

14 -14- Court of Appeals No. 14CA1862 El Paso County District Court No. 13DR374 Honorable David A. Gilbert, Judge In re the Marriage of Dawn Elaine Carlson, Appellee, and Charles Richard Gray, Appellant. JUDGMENT AFFIRMED Division III Opinion by JUDGE FOX Webb and Berger, JJ., concur Court of Appeals No. 14CA1914 Board of Assessment Appeals Case No Oxy USA Inc., Petitioner-Appellee and Cross-Appellant, Mesa County Board of Commissioners, Respondent-Appellant and Cross-Appellee. ORDER REVERSED IN PART AND CROSS-APPEAL DISMISSED Division I Opinion by JUDGE J. JONES Taubman and Harris, JJ., concur

15 -15- Court of Appeals No. 14CA1974 Fremont County District Court No. 14CV35 Honorable Robert Freeman, Judge Robert Glenn King, Plaintiff-Appellant, Colorado Department of Corrections; Rick Raemisch, Roger Werholtz, Tony Carochi, Tom Clements, and Aristedes Zavaris, in their official capacities as Executive Directors of the Colorado Department of Corrections and in their individual capacities; Mary Carlson, in her official capacity as Director of the Colorado Department of Corrections Time Computation Division and in her individual capacity; Travis Trani, in his official capacity as Colorado State Penitentiary Warden and in his individual capacity; and Facility Administration, in their official capacity, Defendants-Appellants. JUDGMENTS AFFIRMED Division II Opinion by JUDGE STERNBERG* Dailey and Navarro, JJ., concur

16 -16- Court of Appeals No. 14CA2048 El Paso County District Court No. 14CV31018 Honorable G. David Miller, Judge Old Republic National Title Insurance Company, a Minnesota corporation, as subrogee of James H. Hines, Jr., Roger Kornegay, JUDGMENT AFFIRMED Division IV Opinion by JUDGE ROMÁN Graham and Davidson*, JJ., concur

17 -17- Court of Appeals No. 14CA2168 Weld County District Court No. 14CV30107 Honorable Todd L. Taylor, Judge Corvax Oil and Gas Land Services, a Utah limited liability corporation, successor to Evelyn M. McCormick, a/k/a Lyn McCormick, as Trustee for the McCormick-Heath Family Trust; Evelyn M. McCormick; and Robert Stuart McCormick, Plaintiffs-Appellants, Michael Cuba, individually, d/b/a Affirm Energy, LLC, a Colorado limited liability corporation; Morning Star Enterprises, Inc., a Colorado corporation; David C. Peterson, a/k/a David Peterson, a/k/a Dave Peterson, d/b/a Diamond Operating, a Colorado corporation, d/b/a Flatirons Energy Group, d/b/a Flat Irons Corporation, d/b/a Heartland Oil and Gas Company, a Colorado corporation; and Richard W. Miller, d/b/a Treasure Resources Inc. and formerly having done business as Poudre Productions, Inc., and Poudre Properties, Inc., Defendants-Appellees. ORDERS AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE TAUBMAN J. Jones and Harris, JJ., concur

18 -18- Court of Appeals No. 14CA2282 Arapahoe County District Court No. 12CV2336 Honorable F. Stephen Collins, Judge Expert Consulting Services, Inc., William R. Fix, P.C., JUDGMENT AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE RICHMAN Hawthorne and Furman, JJ., concur Court of Appeals No. 14CA2340 City and County of Denver District Court No. 05CR644 Honorable Elizabeth A. Starrs, Judge Melvin Keith Williams, Division VI Opinion by JUDGE TERRY Bernard and Dunn, JJ., concur

19 -19- Court of Appeals No. 14CA2366 Boulder County District Court No. 12JV85 Honorable Patrick Butler, Judge Petitioner-Appellee, In the Interest of S.N., a Child, and Concerning M.A.S., Respondent-Appellant. Division III Opinion by JUDGE WEBB Berger, J., concurs. Fox, J., dissents Court of Appeals No. 14CA2446 Douglas County District Court No. 02CR34 Honorable Paul A. King, Judge Dominic C. Cardenas, AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE DUNN Bernard and Terry, JJ., concur

20 -20- Court of Appeals No. 14CA2519 El Paso County District Court No. 2014CV339 Honorable Robin L. Chittum, Judge R.S., a minor, by and through his mother, Ramona Smith, Petitioner-Appellant, Cheyenne Mountain School District 12 and Cheyenne Mountain Charter Academy, Respondents-Appellees. APPEAL DISMISSED Division VII Opinion by CHIEF JUDGE LOEB Plank* and Márquez*, JJ., concur Court of Appeals No. 15CA0081 City and County of Denver District Court No. 14CV356 Honorable Ruthanne N. Polidori, Judge Akeem A. Makeen, Plaintiff-Appellant, Robert Lewis McGahey, in his official capacity as a Denver District Judge of the Denver District Court; and the State of Colorado, Defendants-Appellees. JUDGMENT AFFIRMED Division V Opinion by JUDGE HAWTHORNE Furman and Richman, JJ., concur

21 -21- Court of Appeals No. 15CA0484 Industrial Claim Appeals Office of the State of Colorado DD No LeLand & Michael Health Services, LLC, a Colorado limited liability company, d/b/a Sevens Home Care, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Heather C. Wren, Respondents. Division VII Opinion by JUDGE STERNBERG* Loeb, C.J., and Plank*, J., concur Court of Appeals No. 15CA0759 Industrial Claim Appeals Office of the State of Colorado DD No Perry L. Gilliam, Petitioner, Industrial Claim Appeals Office of the State of Colorado and WDM Automotive, Inc., d/b/a Colorado Chrysler Jeep, Respondents. Division II Opinion by JUDGE DAILEY Booras and Navarro, JJ., concur

22 -22- Court of Appeals No. 15CA0910 Industrial Claim Appeals Office of the State of Colorado DD No Steven A. Urban, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Pueblo School District #60, d/b/a Pueblo City Schools, Respondents. Division II Opinion by JUDGE BOORAS Dailey and Navarro, JJ., concur Court of Appeals No. 15CA1111 Park County District Court No. 13JV11 Honorable Stephen A. Groome, Judge Petitioner-Appellee, In the Interest of G.F.W-N., J.G.W-N, A.C.W-N, Children, and Concerning T.W. and J.K.N., Respondents-Appellants. JUDGMENT AFFIRMED IN PART AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE GRAHAM Román and Freyre, JJ., concur

23 -23- Court of Appeals No. 15CA1387 Industrial Claim Appeals Office of the State of Colorado DD No Evelyn Shinn, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Professional Education Corporation, Respondents. Division II Opinion by JUDGE NAVARRO Dailey and Booras, JJ., concur Court of Appeals No. 15CA1410 Industrial Claim Appeals Office of the State of Colorado DD No Tracey L. McKellip, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Motel 6 Operating LP, Respondents. Division VII Opinion by JUDGE PLANK* Loeb, C.J., and Sternberg*, J., concur

24 -24- Court of Appeals No. 15CA1417 El Paso County District Court No. 14JV1124 Honorable Linda Billings Vela, Judge Petitioner-Appellee, In the Interest of S.C., a Child, and Concerning T.J., Respondent-Appellant. JUDGMENT AFFIRMED Division IV Opinion by JUDGE ROMÁN Graham and Freyre, JJ., concur Court of Appeals No. 15CA1418 El Paso County District Court No. 14JV232 Honorable Linda Billings Vela, Judge Petitioner-Appellee, In the Interest of L.C., a Child, and Concerning T.J., Respondent-Appellant. JUDGMENT AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE FREYRE Graham and Román, JJ., concur

25 -25- Court of Appeals No. 13CA0291 P E T I T I O N S F O R R E H E A R I N G Sean Murray, Petition for Rehearing DENIED Court of Appeals No. 14CA0135 Susan Gail Douglas, Petition for Rehearing DENIED *Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, 5(3), and , C.R.S