ANNOUNCEMENTS COLORADO COURT OF APPEALS. January 16, 2003

Transcription

1 ANNOUNCEMENTS COLORADO COURT OF APPEALS January 16, 2003 "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. Click on the case number to view the opinion in Word format. Court of Appeals No. 00CA2381 P U B L I S H E D O P I N I O N S Weld County District Court No. 99CR1663 Honorable John J. Althoff, Judge Honorable Philip F. Roan, Judge Plaintiff-Appellee and Cross-Appellant, Eliah S. Klausner, Defendant-Appellant and Cross-Appellee. JUDGMENT AFFIRMED, SENTENCE VACATED, AND file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (1 of 39) [9/11/2008 9:52:30 AM]

2 CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE KAPELKE Ney and Nieto, JJ., concur Court of Appeals No. 01CA1558 Pueblo County District Court No. 00CR1675 Honorable Scott B. Epstein, Judge Arnold R. Trujillo, JUDGMENT AFFIRMED AND SENTENCE AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE NIETO Ney and Kapelke, JJ., concur file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (2 of 39) [9/11/2008 9:52:30 AM]

3 Court of Appeals No. 02CA0554 Larimer County District Court No. 01JV99 Honorable James H. Hiatt, Judge In the Interest of A.K. and A.K., Children, Upon the Petition of Larimer County Department of Social Services and I.P.K., Petitioners-Appellees, and Concerning D.K., Respondent-Appellant. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE NIETO Ney and Kapelke, JJ., concur Court of Appeals No. 99CA1718 U N P U B L I S H E D O P I N I O N S Douglas County District Court No. 97CR320 Honorable Richard D. Turelli, Judge file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (3 of 39) [9/11/2008 9:52:30 AM]

4 Earl Eugene Conner, JUDGMENT AND AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUSTICE ERICKSON* Roy, J., concurs Casebolt, J., dissents _ Court of Appeals Nos. 00CA0966 & 00CA0967 Jefferson County District Court No. 96CR1980 Douglas County District Court No. 99CR505 Honorable Michael C. Villano, Judge Honorable Thomas J. Curry, Judge file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (4 of 39) [9/11/2008 9:52:30 AM]

5 John J. Fuchs, SENTENCES AFFIRMED Division III Opinion by JUDGE WEBB Davidson and Roy, JJ., concur Court of Appeals No. 00CA1221 Douglas County District Court No. 98CR438 Honorable Scott W. Lawrence, Judge Honorable Joseph R. Quinn, Judge Honorable Thomas J. Curry, Judge Mohammad Naim Amini, JUDGMENT AND ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (5 of 39) [9/11/2008 9:52:30 AM]

6 Division I Opinion by JUDGE MARQUEZ Graham and Pierce*, JJ., concur _ Court of Appeals No. 00CA1250 Jefferson County District Court No. 83CR1078 Honorable James D. Zimmerman, Judge Charles Edward Yoder, Division II Opinion by JUDGE STERNBERG* Ney and Marquez, JJ., concur _ Court of Appeals No. 00CA1289 file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (6 of 39) [9/11/2008 9:52:30 AM]

7 Montrose County District Court No. 99CR182 Honorable Richard J. Brown, Judge Derek M. McCarty, JUDGMENT AFFIRMED Division II Opinion by JUDGE MARQUEZ Ney and Erickson*, JJ., concur Court of Appeals No. 00CA1955 Arapahoe County District Court No. 96CR2739 Honorable John P. Leopold, Judge Larry Springer, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (7 of 39) [9/11/2008 9:52:30 AM]

8 JUDGMENT AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE JONES Vogt and Graham, JJ., concur Court of Appeals No. 01CA0086 Mesa County District Court No. 99CR1236 Honorable Nicholas R. Massaro, Judge Robin K. Cruse, JUDGMENT AND SENTENCE VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE WEBB Metzger and Casebolt, JJ., concur file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (8 of 39) [9/11/2008 9:52:30 AM]

9 Court of Appeals No. 01CA0211 El Paso County District Court No. 96DR1875 Honorable Timothy J. Simmons, Judge In re the Marriage of Deborah K. Crow, Appellant and Cross-Appellee, and Robert E. Crow, Appellee and Cross-Appellant. ORDERS AFFIRMED IN PART, VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE ROY Jones and Casebolt, JJ., concur Court of Appeals No. 01CA0664 City and County of Denver District Court No. 00CR3135 file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (9 of 39) [9/11/2008 9:52:30 AM]

10 Honorable Joseph E. Meyer, III, Judge Honorable Warren O. Martin, Judge Don Law, Jr., JUDGMENT AND SENTENCE AFFIRMED Division II Opinion by JUDGE MARQUEZ Ney and Erickson*, JJ., concur Court of Appeals No. 01CA0712 City and County of Denver District Court No. 99CR4803 Honorable Frank Martinez, Judge Honorable Lawrence A. Manzanares, Judge file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (10 of 39) [9/11/2008 9:52:30 AM]

11 David Camenetti, ORDER VACATED AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE ROY Jones and Casebolt, JJ., concur _ Court of Appeals No. 01CA0835 Adams County District Court No. 00CR889 Honorable Donald W. Marshall, Judge Honorable Chris Melonakis, Judge Eunice M. Shije, JUDGMENT AND SENTENCE AFFIRMED Division V Opinion by JUDGE WEBB file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (11 of 39) [9/11/2008 9:52:30 AM]

12 Rothenberg and Taubman, JJ., concur Court of Appeals No. 01CA1360 Mesa County District Court No. 00CR531 Honorable Nicholas R. Massaro, Judge Lee Eldon Woodring, Division I Opinion by JUDGE VOGT Jones and Graham, JJ., concur Court of Appeals No. 01CA1362 Adams County District Court No. 89CR0168 Honorable Thomas R. Ensor, Judge file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (12 of 39) [9/11/2008 9:52:30 AM]

13 Steven Wilson, a/k/a Paul T. Rateau, Division I Opinion by JUDGE VOGT Jones and Graham, JJ., concur Court of Appeals No. 01CA1412 City and County of Denver District Court No. 98CR3235 Honorable H. Jeffrey Bayless, Judge Richard Saldana, ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (13 of 39) [9/11/2008 9:52:30 AM]

14 Division III Opinion by JUDGE ROY Davidson and Webb, JJ., concur _ Court of Appeals No. 01CA1471 Montezuma County District Court No. 99CR284 Honorable Sharon L. Hansen, Judge Michael Frank Yelinek, Division II Opinion by JUDGE MARQUEZ Ney and Sternberg*, JJ., concur _ Court of Appeals No. 01CA1483 file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (14 of 39) [9/11/2008 9:52:30 AM]

15 El Paso County District Court No. 93CR2638 Honorable Peter W. Booth, Judge Tony T. Wilkins, Division II Opinion by JUDGE CASEBOLT Jones and Roy, JJ., concur _ Court of Appeals No. 01CA1541 Jefferson County District Court No. 90CR0194 Honorable Frank Plaut, Judge Earl E. Shepard, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (15 of 39) [9/11/2008 9:52:30 AM]

16 Division I Opinion by JUDGE VOGT Jones and Graham, JJ., concur Court of Appeals No. 01CA1561 El Paso County District Court No. 00CR4147 Honorable Richard V. Hall, Judge James Criner Noble, JUDGMENT AFFIRMED Division III Opinion by JUDGE DAVIDSON Roy and Webb, JJ., concur file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (16 of 39) [9/11/2008 9:52:30 AM]

17 Court of Appeals No. 01CA1648 City and County of Denver District Court Nos. 88CR0147, 88CR0148, 88CR0149 & 88CR0150 Honorable Shelley I. Gilman, Judge Floyd Leonard, Division I Opinion by JUDGE GRAHAM Jones and Vogt, JJ., concur Court of Appeals No. 01CA1663 Arapahoe County District Court No. 99CR2449 Honorable John P. Leopold, Judge file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (17 of 39) [9/11/2008 9:52:30 AM]

18 Cedric Marshall Watkins, JUDGMENT AFFIRMED Division V Opinion by JUDGE TAUBMAN Casebolt and Nieto, JJ., concur Court of Appeals No. 01CA1815 Adams County District Court No. 98CR1810 Honorable Thomas R. Ensor, Judge Linda Sue Wedgewood, SENTENCE AFFIRMED Division III Opinion by JUDGE DAVIDSON Roy and Webb, JJ., concur file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (18 of 39) [9/11/2008 9:52:30 AM]

19 Court of Appeals No. 01CA1819 City and County of Denver District Court Nos. 83CR1538 & 83CR1747 Honorable H. Jeffrey Bayless, Judge Bruce E. Wimberly, Division V Opinion by JUDGE CASEBOLT Taubman and Nieto, JJ., concur _ Court of Appeals No. 01CA1854 Adams County District Court No. 98CR2300 Honorable Thomas R. Ensor, Judge file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (19 of 39) [9/11/2008 9:52:30 AM]

20 Debbie Joan Gillon, SENTENCE AFFIRMED Division A Opinion by CHIEF JUDGE HUME Davidson and Roy, JJ., concur Court of Appeals No. 01CA2032 Mesa County District Court No. 99CR283 Honorable Nicholas R. Massaro, Judge Winston Carroll Dennis, Division V Opinion by JUDGE NIETO file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (20 of 39) [9/11/2008 9:52:30 AM]

21 Taubman and Casebolt, JJ., concur Court of Appeals No. 01CA2092 Mesa County District Court Nos. 99CR77 & 99CR425 Honorable Charles A. Buss, Judge David Johnson, Division I Opinion by JUDGE JONES Vogt and Graham, JJ., concur Court of Appeals No. 01CA2111 City and County of Denver District Court No. 96CR428 Honorable H. Jeffrey Bayless, Judge file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (21 of 39) [9/11/2008 9:52:30 AM]

22 Antonio Maldonado, Division II Opinion by JUDGE JONES Casebolt and Roy, JJ., concur Court of Appeals No. 01CA2123 Elbert County District Court No. 00CR0012 Honorable Jack F. Smith, Judge Scott Neifert, JUDGMENT AFFIRMED Division V file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (22 of 39) [9/11/2008 9:52:30 AM]

23 Opinion by JUDGE TAUBMAN Casebolt and Nieto, JJ., concur _ Court of Appeals No. 01CA2226 Jefferson County District Court No. 98CR3290 Honorable Frank Plaut, Judge Daniel Villarreal, ORDER VACATED AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE JONES Vogt and Graham, JJ., concur Court of Appeals No. 01CA2256 file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (23 of 39) [9/11/2008 9:52:30 AM]

24 El Paso County District Court No. 95CR0393 Honorable Gil Martinez, Judge Sandy Dowdin, Division I Opinion by JUDGE GRAHAM Jones and Vogt, JJ., concur Court of Appeals No. 01CA2324 City and County of Denver District Court No. 95CR5199 Honorable Paul A. Markson, Jr., Judge David N. Lewis, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (24 of 39) [9/11/2008 9:52:30 AM]

25 APPEAL DISMISSED Division III Opinion by JUDGE WEBB Davidson and Roy, JJ., concur Court of Appeals No. 01CA2336 El Paso County District Court No. 01CV0785 Honorable Larry E. Schwartz, Judge Broadmoor Area Neighborhood Group, Plaintiff-Appellant, City of Colorado Springs, Colorado, et al., Defendants-Appellees. JUDGMENT AFFIRMED Division III Opinion by JUDGE DAVIDSON Roy and Webb, JJ., concur file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (25 of 39) [9/11/2008 9:52:30 AM]

26 Court of Appeals No. 01CA2339 Fremont County District Court No. 96DR297 Honorable John Anderson, Judge In re the Marriage of Terri Ann Cooper, Appellee, and William Edward Cooper, Appellant. ORDERS AFFIRMED Division II Opinion by JUSTICE ERICKSON* Ney and Marquez, JJ., concur _ Court of Appeals No. 01CA2430 City and County of Denver District Court No. 95CR1922 Honorable Joseph E. Meyer, III, Judge file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (26 of 39) [9/11/2008 9:52:30 AM]

27 Stephen Jaramillo, Division V Opinion by JUDGE CASEBOLT Taubman and Nieto, JJ., concur _ Court of Appeals No. 01CA2557 El Paso County District Court No. 00CV2624 Honorable Kirk S. Samelson, Judge Rachael Schilowsky, Board of County Commissioners of El Paso County and John Anderson, the El Paso County Sheriff, Defendants-Appellants. Division III Opinion by JUDGE DAVIDSON file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (27 of 39) [9/11/2008 9:52:30 AM]

28 Roy and Webb, JJ., concur Court of Appeals No. 02CA0018 City and County of Denver District Court No. 96CR4934 Honorable Paul A. Markson, Jr., Judge Javon L. Carter, Division III Opinion by JUDGE WEBB Davidson and Roy, JJ., concur Court of Appeals No. 02CA0109 Mesa County District Court No. 00CR1045 Honorable Charles A. Buss, Judge file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (28 of 39) [9/11/2008 9:52:30 AM]

29 Audra Marie Ellis, SENTENCE AFFIRMED Division A Opinion by JUDGE ROY Hume, C.J., and Davidson, J., concur _ Court of Appeals No. 02CA0139 Adams County District Court No. 99CR603 Honorable John J. Vigil, Judge Dennis Nance, IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (29 of 39) [9/11/2008 9:52:30 AM]

30 Division I Opinion by JUDGE VOGT Jones and Graham, JJ., concur Court of Appeals No. 02CA0176 City and County of Denver District Court No. 96CR310 Honorable H. Jeffrey Bayless, Judge Thomas Lucero, Division II Opinion by JUDGE NEY Marquez and Sternberg*, JJ., concur _ Court of Appeals No. 02CA0188 file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (30 of 39) [9/11/2008 9:52:30 AM]

31 Adams County District Court No. 99CV428 Honorable Donald W. Marshall, Judge David C. White, Plaintiff-Appellant, Michael Heinz, Defendant-Appellee. JUDGMENT AFFIRMED Division III Opinion by JUDGE NEY Kapelke and Nieto, JJ., concur _ Court of Appeals No. 02CA0383 Weld County District Court No. 90CR668 Honorable William L. West, Judge Robert W. Ellis, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (31 of 39) [9/11/2008 9:52:30 AM]

32 Division V Opinion by JUDGE NIETO Taubman and Casebolt, JJ., concur _ Court of Appeals No. 02CA0411 Gilpin County District Court No. 86CR0018 Honorable Tom Woodford, Judge Gregory Lance Binkley, Division A Opinion by JUDGE DAVIDSON Hume, C.J., and Roy, J., concur file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (32 of 39) [9/11/2008 9:52:30 AM]

33 Court of Appeals Nos. 02CA0802 & 02CA0854 Industrial Claims Appeals Office of the State of Colorado WC No Gilbert D. Davis, Petitioner and Cross-Respondent, Industrial Claim Appeals Office of the State of Colorado, Respondent, and ABC Moulding and Casualty Reciprocal Exchange, Respondents and Cross-Petitioners. IN PART AND SET ASIDE IN PART Division II Opinion by JUDGE JONES Casebolt and Roy, JJ., concur Court of Appeals No. 02CA1365 Industrial Claim Appeals Office of the State of Colorado DD No file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (33 of 39) [9/11/2008 9:52:30 AM]

34 Angela L. Monaghan, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Bank One Colorado NA, Respondents. Division II Opinion by JUDGE ROY Jones and Casebolt, JJ., concur Court of Appeals No. 02CA1691 Industrial Claims Appeals Office of the State of Colorado DD No Edward Garcia, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Northwest Pipe Company, Respondents. file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (34 of 39) [9/11/2008 9:52:30 AM]

35 Division II Opinion by JUDGE CASEBOLT Jones and Roy, JJ., concur 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. 01CA0716 Marchell Taylor, Opinion Modified, and As Modified, Petition for Rehearing DENIED Court of Appeals No. 01CA0964 file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (35 of 39) [9/11/2008 9:52:30 AM]

36 Michael J. Coleman, Petition for Rehearing DENIED Court of Appeals No. 01CA1429 Tomas Francisco Cordova, Petition for Rehearing DENIED _ Court of Appeals No. 01CA1926 Lakeside Ventures, LLC, Plaintiff-Appellant, Lakeside Development Company, Ron Worrell, Patricia Worrell, Robert file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (36 of 39) [9/11/2008 9:52:30 AM]

37 McAtee, and William Lauer, Defendants-Appellees. Petition for Rehearing DENIED _ Court of Appeals No. 01CA1982 David Egilman, M.D., Appellant, District Court, First Judicial District, County of Jefferson and The Honorable Frank Plaut, one of the Judges thereof, Appellees. Petition for Rehearing DENIED _ Court of Appeals No. 01CA2115 Wilford Severance and Mary Severance, Plaintiffs-Appellants, Aaron T. Wagner; Paul T. Justice, a/k/a Justice Towing; and Patricia T. Justice, Defendants-Appellees. file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (37 of 39) [9/11/2008 9:52:30 AM]

38 Petition for Rehearing DENIED Court of Appeals No. 01CA2187 Gary Irwin, Janet Foster, Petition for Rehearing DENIED _ Court of Appeals No. 01CA2352 Scott A. Gray, Petition for Rehearing DENIED file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (38 of 39) [9/11/2008 9:52:30 AM]

39 Court of Appeals No. 01CA2500 Aaron Smith, Petition for Rehearing DENIED *Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, 5(3), and , C.R.S file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (39 of 39) [9/11/2008 9:52:30 AM]