-1- ANNOUNCEMENTS Colorado Court of Appeals January 14, 2016

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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. P U B L I S H E D O P I N I O N S 2016COA1 Court of Appeals No. 13CA2199 El Paso County District Court No. 12DR5368 Honorable Deborah J. Grohs, Judge In re the Marriage of Cody M. Morton, Appellee, and Samantha Morton, n/k/a Samantha Lee, Appellant. JUDGMENT AND ORDERS REVERSED AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE TAUBMAN Berger, J., concurs Hawthorne, J., concurs in part and dissents in part

2 COA2 Court of Appeals No. 14CA1767 Colorado Board of Assessment Appeals Case Nos , 44670, 44672, 44674, 44677, 44681, 44682, 44683, 53058, 53173, & Grand County Board of Commissioners and Larimer County Board of Commissioners, Petitioners-Appellants, Colorado Property Tax Administrator, Respondent-Appellee, and YMCA of the Rockies, Intervenor-Appellee, and Board of Assessment Appeals, Appellee. Division I Opinion by JUDGE HARRIS Taubman and J. Jones, JJ., concur

3 COA3 Court of Appeals No. 14CA1816 City and County of Denver District Court No. 13CV34544 Honorable Andrew P. McCallin, Judge Jane E. Norton, Plaintiff-Appellant, Rocky Mountain Planned Parenthood, Inc., a/k/a Planned Parenthood of the Rocky Mountains, Inc., a Colorado nonprofit corporation; John W. Hickenlooper, in his official capacity as Governor of the State of Colorado; Susan E. Birch, in her official capacity as Executive Director of the Colorado Department of Health Care Policy and Financing; and Larry Wolk, in his official capacity as Executive Director of the Colorado Department of Public Health & Environment, Defendants-Appellees. JUDGMENT AFFIRMED Division VI Opinion by JUDGE TERRY Bernard and Rothenberg*, JJ., concur

4 COA4 Court of Appeals No. 14CA2033 Jefferson County District Court No. 12CV2477 Honorable Dennis Hall, Judge Khalil Laleh and Leila Tabrizi, Third Party Defendants-Appellants, and Ali Laleh, Defendant-Appellant, Gary C. Johnson and Gary C. Johnson and Associates, LLC, Appellees. JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE FOX Berger, J., concurs Webb, J., concurs in part and dissents in part

5 COA5 Court of Appeals No. 14CA2063 City and County of Denver District Court No. 13CV33491 Honorable Robert L. McGahey, Jr., Judge Libertarian Party of Colorado and Gordon Roy Butt, Plaintiffs-Appellants, Wayne Williams, in his official capacity as Colorado Secretary of State; Chuck W. Broerman, in his official capacity as El Paso County Clerk and Recorder; and Gilbert Ortiz, in his official capacity as Pueblo County Clerk and Recorder, Defendants-Appellees. JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE BERGER Webb and Fox, JJ., concur 2016COA6 Court of Appeals No. 14CA2374 Boulder County District Court No. 13CV30085 Honorable Judith L. Labuda, Judge In the Matter of the Petition of Sharman Heotis, a/k/a Sharman Petersen, Petitioner-Appellant, Colorado Department of Education, Respondent-Appellee. APPEAL DISMISSED Division VI Opinion by JUDGE BERNARD Terry and Dunn, JJ., concur

6 COA7 Court of Appeals No. 15CA0083 Chaffee County District Court No. 14CV30 Honorable Charles M. Barton, Judge Raymond Lee Fetzer, Plaintiff-Appellant, Executive Director of the Colorado Department of Corrections and Warden of the Buena Vista Correctional Facility, Defendants-Appellees. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE TAUBMAN J. Jones and Harris, JJ., concur 2016COA8 Court of Appeals No. 15CA0466 Industrial Claim Appeals Office of the State of Colorado WC No Misty Keel, individually and as guardian ad litem of Riley Cooper Keel, dependents of John Eric Keel, Petitioners, Industrial Claim Appeals Office of the State of Colorado, Transportation Technology Services, and Ace American Insurance Company, Respondents. ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE BERNARD Terry and Nieto*, JJ., concur

7 COA9 Court of Appeals No. 15CA0603 Costilla County District Court No. 15CV30008 Honorable Martin A. Gonzales, Judge Augustine Roy Esquibel, Plaintiff-Appellant, Board of Education Centennial School District R-1, Defendant-Appellee. Division V Opinion by JUDGE FURMAN Richman, J., concurs Hawthorne, J., dissents 2016COA10 Court of Appeals No. 15CA1066 Jefferson County District Court No. 15CV30320 Honorable Christie B. Phillips, Judge Jefferson County Education Association, Plaintiff-Appellant, Jefferson County School District R-1 and Lisa Pinto, in her official capacity as Custodian of Records, Defendants-Appellees. Division A Opinion by JUDGE BERNARD Hawthorne and Navarro, JJ., concur

8 -8- U N P U B L I S H E D O P I N I O N S Court of Appeals No. 08CA0828 Lake County District Court No. 99CR19 Honorable Karen A. Romeo, Judge Summit County District Court No. 07CR302 Honorable David R. Lass, Judge Jerry Harold Garmany, JUDGMENT AFFIRMED Division II Opinion by JUDGE DAILEY Graham and Ashby, JJ., concur Court of Appeals No. 12CA2375 Adams County District Court No. 05CR2748 Honorable Jill-Ellyn Straus, Judge Elma Y. Garcia, JUDGMENT AFFIRMED Division VII Opinion by JUDGE RICHMAN Dunn and Berger, JJ., concur

9 -9- Court of Appeals No. 13CA0334 City and County of Denver District Court No. 09CR6142 Honorable Brian R. Whitney, Judge Francisco H. Charles, JUDGMENT AFFIRMED Division II Opinion by JUDGE GRAHAM Dailey and Ashby, JJ., concur Court of Appeals No. 13CA1544 Jefferson County District Court No. 12CR2318 Honorable Lily W. Oeffler, Judge Honorable Stephen M. Munsinger, Judge Claude Derek Foster, JUDGMENT AFFIRMED Division VII Opinion by JUDGE DUNN Richman and Berger, JJ., concur

10 -10- Court of Appeals No. 13CA1939 Weld County District Court No. 12CR724 Honorable Thomas J. Quammen, Judge Ronnie Wayne McDonald, Division I Opinion by JUDGE TAUBMAN Miller and Fox, JJ., concur Court of Appeals No. 13CA2355 Douglas County District Court No. 02CR382 Honorable Paul A. King, Judge Robert Wayne Robinson, Division IV Opinion by JUDGE HAWTHORNE Román and Plank*, JJ., concur

11 -11- Court of Appeals No. 14CA1537 Jefferson County District Court No. 11DR187 Honorable Jack W. Berryhill, Judge In re the Marriage of Tonya Dawn Heller, Appellee-Cross-Appellant, and Paul William Tulloss, Appellant-Cross-Appellee. IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE FURMAN Hawthorne and Richman, JJ., concur Court of Appeals No. 14CA1586 Fremont County District Court No. 14CV30069 Honorable Robert Freeman, Magistrate Janos Toevs, Plaintiff-Appellant, Rick Raemisch, Executive Director, Colorado Department of Corrections, and Travis Trani, Warden, Colorado State Penitentiary, Defendant-Appellee. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division VII Opinion by JUDGE DUNN Richman and Berger, JJ., concur

12 -12- Court of Appeals No. 14CA1607 Arapahoe County District Court No. 02CR518 Honorable Marilyn Leonard Antrim, Judge Christopher Aragon, Division IV Opinion by JUDGE PLANK* Hawthorne and Román, JJ., concur Court of Appeals No. 14CA1732 El Paso County District Court No. 08CR1031 Honorable Robert L. Lowrey, Judge Darneau Versill Pepper, IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE MILLER Taubman and Fox, JJ., concur

13 -13- Court of Appeals No. 14CA1870 City and County of Denver District Court No. 14CV454 Honorable Michael A. Martinez, Judge Jennifer Diane Harris, Plaintiff-Appellant, Executive Director of the Colorado Department of Corrections and Warden of Denver Women Correctional Facility, Defendants-Appellees. JUDGMENT AFFIRMED Division I Opinion by JUDGE FOX Taubman and Miller, JJ., concur Court of Appeals No. 14CA1884 El Paso County District Court No. 12CR3171 Honorable David A. Gilbert, Judge Steven Michael Pelc, Division III Opinion by CHIEF JUDGE LOEB Márquez* and Vogt*, JJ., concur

14 -14- Court of Appeals No. 14CA1931 City and County of Denver District Court Nos. 84CR1883, 84CR1901 & 84CR1918 Honorable Michael J. Vallejos, Judge Toby Zapata, Division I Opinion by JUDGE HARRIS Taubman and J. Jones, JJ., concur Court of Appeals No. 14CA1938 El Paso County District Court No. 13CR4447 Honorable Scott A. Sells, Judge Gustav A. Mehrer, JUDGMENT AFFIRMED Division III Opinion by JUDGE MÁRQUEZ* Loeb, C.J., and Vogt*, J., concur

15 -15- Court of Appeals No. 14CA2028 City and County of Denver District Court No. 12CR1167 Honorable William D. Robbins, Judge Oscar Herrera, SENTENCE AFFIRMED Division II Opinion by JUDGE GRAHAM Dailey and Ashby, JJ., concur Court of Appeals No. 14CA2216 City and County of Denver District Court Nos. 08CR3686, 08CR3687 & 08CR3688 Honorable William D. Robbins, Judge Donald G. Acree, Division III Opinion by JUDGE WEBB J. Jones and Booras, JJ., concur

16 -16- Court of Appeals No. 14CA2306 El Paso County District Court Nos. 10CR1823 & 12CR1495 Honorable Barbara L. Hughes, Judge Christopher James Allen, Division I Opinion by JUDGE HARRIS Taubman and J. Jones, JJ., concur Court of Appeals No. 14CA2321 Weld County District Court No. 10DR1633 Honorable Elizabeth B. Strobel, Judge In re the Marriage of Martha J. Newcomb, Appellee, and Joel A. Newcomb, Appellant. APPEAL DISMISSED IN PART AND Division VI Opinion by JUDGE TERRY Navarro and Freyre, JJ., concur

17 -17- Court of Appeals No. 14CA2327 Pueblo County District Court No. 06DR1057 Honorable Thomas Flesher, Judge In re the Marriage of Arthur Rabinowitz, Appellant, and Judy T. Rabinowitz, Appellee. ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE NAVARRO Terry and Freyre, JJ., concur

18 -18- Court of Appeals No. 14CA2402 Logan County District Court No. 13CV30059 Honorable Michael K. Singer, Judge Kurt Allen Welsh, Plaintiff-Appellant, and Janet D. Zimmerman, Attorney-Appellant, City of Sterling by and through its City Council, Defendant-Appellee. JUDGMENT AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE DAILEY Graham and Ashby, JJ., concur

19 -19- Court of Appeals No. 15CA0002 El Paso County District Court No. 13CV268 Honorable Michael P. McHenry, Judge Douglas Bruce, Plaintiff-Appellant, City of Colorado Springs, Colorado, Defendant-Appellee. Division II Opinion by JUDGE ASHBY Dailey and Graham, JJ., concur Court of Appeals No. 15CA0115 El Paso County District Court No. 14DR175 Honorable Theresa Cisneros, Judge In re the Marriage of Vlastimil Pokorny, Appellant, and Eva Pokorny, Appellee. JUDGMENT AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE FREYRE Terry and Navarro, JJ., concur

20 -20- Court of Appeals No. 15CA0225 El Paso County District Court No. 00CR1004 Honorable Maria R. Prudek, Judge Michael C. Field, AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE ASHBY Dailey and Graham, JJ., concur Court of Appeals No. 15CA0306 City and County of Denver District Court No. 08CR5446 Honorable J. Eric Elliff, Judge Rodolfo Gonzalez, Division III Opinion by JUDGE VOGT* Loeb, C.J., and Márquez*, J., concur

21 -21- Court of Appeals No. 15CA0365 Chaffee County District Court No. 10DR18 Honorable Patrick W. Murphy, Judge In re the Parental Responsibilities Concerning A.J.W., a Child, and Concerning Holly Lynn Russell, Appellant, and Paul Joseph Wotrous, Appellee. Division V Opinion by JUDGE FURMAN Bernard and Lichtenstein, JJ., concur Court of Appeals No. 15CA0416 Larimer County District Court No. 09CR1196 Honorable Gregory M. Lammons, Judge Kathleen Gormley, Division II Opinion by JUDGE DAILEY Graham and Ashby, JJ., concur

22 -22- Court of Appeals No. 15CA0423 Adams County District Court No. 02CR1583 Honorable Robert S. Doyle, Judge Rodrigo Garcia Valadez, Division IV Opinion by JUDGE ROMÁN Hawthorne and Plank*, JJ., concur Court of Appeals No. 15CA0786 Industrial Claim Appeals Office of the State of Colorado WC No Alice Sackett, Petitioner, Industrial Claim Appeals Office of the State of Colorado and City Market, Respondents. ORDER SET ASIDE AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE HARRIS Taubman and J. Jones, JJ., concur

23 -23- Court of Appeals No. 15CA1312 City and County of Denver Juvenile Court No. 13JV1816 Honorable Donna J. Schmalberger, Judge Petitioner-Appellee, In the Interest of J.C.Z.-G., a Child, and Concerning M.J.G., Respondent-Appellant, and A.C. and M.C., Intervenors. JUDGMENT AFFIRMED Division VII Opinion by JUDGE RICHMAN Dunn and Berger, JJ., concur

24 -24- Court of Appeals No. 15CA1585 Adams County District Court No. 14JV245 Honorable Jill-Ellyn Straus, Judge Petitioner-Appellee, In the Interest of M.R., a Child, and Concerning D.R., Respondent-Appellant. JUDGMENT AFFIRMED Division V Opinion by JUDGE LICHTENSTEIN Bernard, J., concurs Furman, J., specially concurs Court of Appeals No. 15CA1696 Industrial Claim Appeals Office of the State of Colorado DD No Tshiams M. Kalala, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Americold Logistics LLC, Respondents. Division II Opinion by JUDGE ASHBY Dailey and Graham, JJ., concur

25 -25- Court of Appeals No. 12CA1288 P E T I T I O N S F O R R E H E A R I N G Roberto F. Santistevan, Petition for Rehearing DENIED 2015COA166M Court of Appeals No. 12CA2538 Luis Enrique Guzman-Rincon, Opinion Modified and Petition for Rehearing DENIED

26 -26- Court of Appeals No. 13CA1206 Matthew Davies, Petition for Rehearing DENIED Court of Appeals No. 13CA1773 Jose Antonio Olivas, Petition for Rehearing DENIED

27 -27- Court of Appeals No. 14CA0018 Demian R. Weigle, Petition for Rehearing DENIED Court of Appeals No. 14CA1119 Centerra Residential Community Association, Inc., a Colorado nonprofit corporation, Petitioner-Appellee, Lyle D. Thomas, Respondent-Appellant. Petition for Rehearing DENIED

28 -28- Court of Appeals No. 14CA1248 Manuel L. Villalobos, Plaintiff-Appellant, Colorado Department of Revenue, Defendant-Appellee. Petition for Rehearing DENIED Court of Appeals No. 14CA1532 In re the Estate of Albert Guazo Chotvacs, deceased, Wade Chotvacs, Appellant, Richard K. Clements, Appellee. Petition for Rehearing DENIED

29 -29- Court of Appeals No. 14CA1584 Roosevelt Holden, Plaintiff-Appellant and Cross-Appellee, Dillon Companies, Inc., d/b/a King Soopers, Defendant-Appellee and Cross-Appellant. Opinion Modified and Petition for Rehearing DENIED Fox, J., would GRANT Court of Appeals No. 14CA1894 Donald R. Duran and Cynthia J. Duran, Plaintiffs-Appellants, Jason Cobb, Jodi Cobb, and Tom Wickman, Defendants-Appellees. Petition for Rehearing DENIED

30 -30- Court of Appeals No. 14CA1911 Billy Von Hallcy, Petition for Rehearing DENIED Court of Appeals No. 14CA2209 David Jackson, Plaintiff-Appellant, The Honorable Carlos A. Samour, Jr., in his official capacity as Chief Judge of the 18th Judicial District Court, and Tammy L. Herivel, in her official capacity as Clerk of Court, Arapahoe County, the 18th Judicial District Court, Defendants-Appellees. Petition for Rehearing DENIED *Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, 5(3), and , C.R.S