-1- ANNOUNCEMENTS Colorado Court of Appeals January 22, 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. 07CA0561 Arapahoe County District Court No. 04CR1805 Honorable Michael J. Spear, Judge Robert Keith Ray, JUDGMENT AND SENTENCE AFFIRMED Division VII Opinion by JUDGE J. JONES Miller and Berger, JJ., concur

2 -2- Court of Appeals No. 10CA0824 City and County of Denver District Court No. 08CR10008 Honorable Sheila A. Rappaport, Judge Erik Osborn, Division II Opinion by JUDGE DUNN Casebolt and Graham, JJ., concur Court of Appeals No. 11CA0982 City and County of Denver District Court No. 09CR10126 Honorable Edward D. Bronfin, Judge George McClain, Division I Opinion by JUDGE BOORAS Taubman and Gabriel, JJ., concur

3 -3- Court of Appeals No. 11CA2418 Arapahoe County District Court No. 09CR1730 Honorable Marilyn Antrim, Judge Honorable Gerald J. Rafferty, Judge George Louis Ramey, JUDGMENT VACATED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE FURMAN Webb and Navarro, JJ., concur Court of Appeals No. 12CA0491 Jefferson County District Court No. 10CR3035 Honorable Christie B. Phillips, Judge Reyna Salgado-Barrera, Division II Opinion by JUDGE GRAHAM Casebolt and Dunn, JJ., concur

4 -4- Court of Appeals No. 12CA0710 El Paso County District Court No. 11CR1291 Honorable Kirk S. Samelson, Judge Marquis Stephenson, JUDGMENT AFFIMRED IN PART, VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by CHIEF JUDGE LOEB Márquez* and Vogt*, JJ., concur Court of Appeals No. 12CA0985 Arapahoe County District Court No. 01CR1925 Honorable John L. Wheeler, Judge Bradley K. Hogue, AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE ASHBY Román and Terry, JJ., concur

5 -5- Court of Appeals No. 12CA1167 Larimer County District Court No. 09CR1251 Honorable Stephen E. Howard, Judge Anthony Micah Lowder, Division I Opinion by JUDGE TAUBMAN Gabriel and Booras, JJ., concur Court of Appeals No. 12CA1642 City and County of Denver District Court No. 11CR3120 Honorable Catherine A. Lemon, Judge James W. Keith, Division I Opinion by JUDGE TAUBMAN Gabriel and Booras, JJ., concur

6 -6- Court of Appeals No. 12CA2348 Arapahoe County District Court No. 11CR93 Honorable Kurt A. Horton, Judge Jovan Gemark McGlothin, IN PART, VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS Division VII Opinion by JUDGE LICHTENSTEIN Navarro and Berger, JJ., concur Court of Appeals No. 13CA1442 Weld County District Court No. 12CR1725 Honorable John R. Lowenbach, Judge Susan Boyd, Division III Opinion by JUDGE DAILEY Webb and Richman, JJ., concur

7 -7- Court of Appeals No. 13CA1475 Weld County District Court No. 08CR50 Honorable Daniel S. Maus, Judge John Paul Romero, Division III Opinion by JUDGE WEBB Dailey and Richman, JJ., concur Court of Appeals No. 13CA1569 Boulder County District Court No. 12DR633 Honorable Patrick D. Butler, Judge In re the Marriage of William Held, Appellant, and Michelle Clifford, Appellee. Division II Opinion by JUDGE CASEBOLT Graham and Dunn, JJ., concur

8 -8- Court of Appeals No. 13CA1693 El Paso County District Court No. 99CR570 Honorable Robert L. Lowrey, Judge Joshua Steven Tejan, Division I Opinion by JUDGE GABRIEL Taubman and Booras, JJ., concur Court of Appeals No. 13CA1706 Arapahoe County District Court No. 11CR1071 Honorable Kurt A. Horton, Judge Yesenia Roque-Diaz, Division I Opinion by JUDGE GABRIEL Taubman and Booras, JJ., concur

9 -9- Court of Appeals No. 13CA1811 City and County of Denver District Court No. 13CV30083 Honorable J. Eric Elliff, Judge Mohd Hanieh, Ahmed Hassan, ORDERS AFFIRMED IN PART AND CASE REMANDED WITH DIRECTIONS Division VII Opinion by JUDGE BERGER Lichtenstein and Navarro, JJ., concur Court of Appeals No. 13CA1957 Weld County District Court Nos. 11CR1935 & 12CR1192 Honorable Scott B. Epstein, Judge Joseph Donald Losinski, Division VII Opinion by JUDGE NAVARRO Lichtenstein and Berger, JJ., concur

10 -10- Court of Appeals No. 13CA2028 Adams County District Court No. 12CR2893 Honorable Mark D. Warner, Judge Deborah R. Briones, Division VII Opinion by JUDGE BERGER Lichtenstein and Navarro, JJ., concur Court of Appeals No. 13CA2082 Arapahoe County District Court No. 02CR1429 Honorable Carol Glowinsky, Sr. Judge Walter L. Rodgers, Division VI Opinion by CHIEF JUDGE LOEB Márquez* and Vogt*, JJ., concur

11 -11- Court of Appeals No. 13CA2107 Mesa County District Court No. 11CV4364 Honorable David A. Bottger, Judge Paul F. Miller, Plaintiff-Appellant, Shamrock, Inc., a Colorado corporation, Mary M. Chapman, Lamont Miller, Stephen Miller, and Peggy Levinson, Defendants-Appellees. AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE DAILEY Webb and Richman, JJ., concur Court of Appeals No. 13CA2267 City and County of Denver District Court No. 13CV32938 Honorable Herbert L. Stern, III, Judge Chad W. Johnson, Plaintiff-Appellant, Argentum Group, LLC, a Wyoming limited liability company; Pinnacle Home Solutions, Inc., a Nevada corporation; and Paul A. Schemmel, an individual, Defendants-Appellees. ORDER VACATED AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE CASEBOLT Graham and Dunn, JJ., concur

12 -12- Court of Appeals No. 13CA2335 Arapahoe County District Court No. 02CR984 Honorable F. Stephen Collins, Judge Kerry Lee Minor, Division II Opinion by JUDGE CASEBOLT Graham and Dunn, JJ., concur Court of Appeals No. 13CA2338 Garfield County District Court Nos. 12CR258 & 13CR74 Honorable Denise Lynch, Judge Michael Alexander Newton, APPEAL DISMISSED Division I Opinion by JUDGE BOORAS Taubman and Gabriel, JJ., concur

13 -13- Court of Appeals No. 14CA0078 El Paso County District Court No. 10CV2609 Honorable Gregory R. Werner, Judge Viviano Garcia, Plaintiff-Appellant, Chipotle Mexican Grill, Inc., Defendant-Appellee. Division V Opinion by JUDGE ASHBY Román and Terry, JJ., concur Court of Appeals No. 14CA0175 Boulder County District Court No. 07DR786 Honorable Judith L. LaBuda, Judge In re the Marriage of Patricia Lynn Anselmo, Appellant, and Michael Shaun Anselmo, Appellee. IN PART AND REVERSED IN PART Division IV Opinion by JUDGE WEBB Navarro, J., concurs Furman, J., specially concurs

14 -14- Court of Appeals No. 14CA0256 Arapahoe County District Court No. 97CR867 Honorable John L. Wheeler, Judge Jayson A. Preble, Division VI Opinion by JUDGE VOGT* Loeb, C.J., and Márquez*, J., concur Court of Appeals No. 14CA0367 Adams County District Court Nos. 11CV1209 & 12CV106 Honorable Robert W. Kiesnowski, Judge General Electric Capital Corporation, a Delaware corporation, Plaintiff-Appellant, Wattles Real Estate Partners LLC, a Delaware limited liability company, Defendant-Appellee. Division I Opinion by JUDGE GABRIEL Taubman and Booras, JJ., concur

15 -15- Court of Appeals No. 14CA0503 El Paso County District Court No. 10DR4746 Honorable Larry Edward Schwartz, Judge In re the Marriage of, Travis James Wetherby, Appellant, and Crystal Leeanne Wetherby, Appellee. IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE DUNN Casebolt and Graham, JJ., concur Court of Appeals No. 14CA1140 Industrial Claim Appeals Office of the State of Colorado WC No Pamela McTaggart-Kerns, Petitioner, Industrial Claim Appeals Office of the State of Colorado; Dell, Inc.; and New Hampshire Insurance Company, Respondents. Division VII Opinion by JUDGE NAVARRO Lichtenstein and Berger, JJ., concur

16 -16- Court of Appeals No. 14CA1202 Jefferson County District Court No. 14JV197 Honorable Ann Gail Meinster, Judge Petitioner-Appellee, In the Interest of L.Y. and M.Y., Children, and Concerning M.T., Respondent-Appellant. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE CASEBOLT Graham and Dunn, JJ., concur

17 -17- Court of Appeals No. 14CA1574 City and County of Denver Juvenile Court No. 13JV19 Honorable Laurie A. Clark, Judge Petitioner-Appellee, In the Interest of J.R.R., a Child and Concerning J.R. Respondent-Appellant, and N.F. and V.F., Intervenors. Division IV Opinion by JUDGE HAWTHORNE Bernard and Miller, JJ., concur

18 -18- Court of Appeals No. 14CA1617 Weld County District Court No. 13JV153 Honorable W. Troy Hause, Judge Petitioner-Appellee, In the Interest of S.A.D., a Child, and Concerning J.S.K., Respondent-Appellant. Division V Opinion by JUDGE ROY* Loeb, C.J., and Kapelke*, J., concur Court of Appeals No. 14CA1632 City and County of Denver Juvenile Court No. 13JV1389 Honorable Laurie A. Clark, Judge Petitioner-Appellee, In the Interest of L.M.F-S., J.D.F-S., W.A.F-S., and B.N.F-S., Children, and Concerning J.M.F-S. and T.N.S., Respondents-Appellants. Division IV Opinion by JUDGE BERNARD Hawthorne and Miller, JJ., concur

19 -19- Court of Appeals No. 14CA1639 Mesa County District Court No. 13JV136 Honorable Valerie Jo Robison, Judge Petitioner-Appellee, In the Interest of R.E., D.E., G.Y., and L.Y., Children, and Concerning L.Y. and R.B., Respondent-Appellants. Division VI Opinion by JUDGE NEY* J. Jones and Fox, JJ., concur Court of Appeals No. 14CA1682 Industrial Claim Appeals Office of the State of Colorado DD No Lori A. Santangelo, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Wellpoint Companies, Inc., Respondents. Division IV Opinion by JUDGE MILLER Hawthorne and Bernard, JJ., concur

20 -20- Court of Appeals No. 14CA1789 Industrial Claim Appeals Office of the State of Colorado DD No Robin K. May, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Fed Ex Corporate Services, Respondents. Division V Opinion by JUDGE ASHBY Román and Terry, JJ., concur Court of Appeals No. 14CA1801 Industrial Claim Appeals Office of the State of Colorado DD No Ann Marie Schwenke, Petitioner, Industrial Claim Appeals Office of the State of Colorado; and Verdenstrand, LLC, Respondents. Division III Opinion by JUDGE DAILEY Webb and Richman, JJ., concur

21 -21- Court of Appeals No. 14CA1803 Industrial Claim Appeals Office of the State of Colorado DD No Guillermo Gutierrez, Petitioner, Industrial Claim Appeals Office of the State of Colorado and GEO Corrections & Detention, Inc., Respondents. Division III Opinion by JUDGE WEBB Dailey and Richman, JJ., concur Court of Appeals No. 14CA1903 Industrial Claim Appeals Office of the State of Colorado DD No Julie A. Macenski, Petitioner, Industrial Claim Appeals Office of the State of Colorado; and CH2M Hill, Inc., Respondents. Division III Opinion by JUDGE RICHMAN Dailey and Webb, JJ., concur

22 -22- Court of Appeals No. 14CA2212 Pueblo County District Court No. 14MH408 Honorable William D. Alexander, Judge Petitioner-Appellee, In the Interest of Willis Jackson, Respondent-Appellant. Division VII Opinion by JUDGE NAVARRO Lichtenstein and Berger, JJ., concur

23 -23- Court of Appeals No. 11CA2042 P E T I T I O N S F O R R E H E A R I N G Erick Muniz-Garibay, Petition for Rehearing DENIED Court of Appeals No. 12CA0120 Jesus Jimenez-Ayala, Petition for Rehearing DENIED Gabriel, J., would GRANT

24 -24- Court of Appeals No. 13CA1380 Michael R. O Connor, Petition for Rehearing DENIED Court of Appeals No. 13CA1412 Marco R. Menner, Petition for Rehearing DENIED Dailey, J., would GRANT

25 -25- Court of Appeals No. 13CA2074 Jan B. Hamilton, Plaintiff-Appellant, Brunhilde Schloffer, Defendant-Appellee. Petition for Rehearing DENIED Court of Appeals No. 13CA2226 In re the Marriage of Matthew Ross Gauthier, Appellant, and Rachel Edith Taylor-Saghie, Appellee. Petition for Rehearing DENIED

26 -26- Court of Appeals No. 14CA0252 Brian Stahl, Robert Stahl, and Virginia Stahl, Plaintiffs-Appellants, Upper Yampa Water Conservancy District, Defendant-Appellee. Opinion Modified and Petition for Rehearing DENIED Court of Appeals No. 14CA0955 Alfred Larry Johnston, Petitioner, Industrial Claim Appeals Office of the State of Colorado, Hunter Douglas, Inc., and Liberty Mutual Insurance Company, Respondents. Petition for Rehearing DENIED * Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, 5(3), and , C.R.S