ANNOUNCEMENTS COLORADO COURT OF APPEALS. June 21, 2001

Transcription

1 ANNOUNCEMENTS COLORADO COURT OF APPEALS June 21, 2001 "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 (in the htm format only) 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. P U B L I S H E D O P I N I O N S Court of Appeals No. 99CA0980 Petition for Certiorari granted. See Supreme Court Case No. 01SC702 announced on June 2, Pueblo County District Court No. 97CR0307 Honorable Dennis Maes, Judge Antonio M. Medina, JUDGMENT AFFIRMED file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (1 of 32) [9/11/ :02:42 AM]

2 Division V Opinion by JUDGE ROTHENBERG Roy, J., concurs Taubman, J., dissents Court of Appeals No. 99CA2022 City and County of Denver District Court No. 99CR2301 Honorable Shelley I. Gilman, Judge Honorable Hugh H. Arnold, Sr., Judge Alan Todd Smith, SENTENCE AFFIRMED Division V Opinion by CHIEF JUDGE HUME Taubman and Kapelke, JJ., concur Court of Appeals No. 00CA0436 file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (2 of 32) [9/11/ :02:42 AM]

3 City and County of Denver District Court No. 99CR1958 Honorable J. Stephen Phillips, Judge Ahmad Haghshenas, JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE ROY Metzger and Davidson, JJ., concur Court of Appeals No. 00CA0475 Petition for Certiorari granted. See Supreme Court Case No. 01SC790 announced on May 12, Jefferson County District Court No. 99CR1958 Honorable James D. Zimmerman, Judge file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (3 of 32) [9/11/ :02:42 AM]

4 Christopher T. Simpson, ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE TAUBMAN Rothenberg and Roy, JJ., concur Court of Appeals No. 00CA0739 Pueblo County District Court No. 97CV0772 Honorable Rosalie Vigna, Judge Elsie Bernice Chavez, Parkview Episcopal Medical Center, JUDGMENT AFFIRMED Division I Opinion by CHIEF JUDGE HUME Metzger and Roy, JJ., concur file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (4 of 32) [9/11/ :02:42 AM]

5 Court of Appeals No. 00CA1126 City and County of Denver District Court No. 97CV8296 Honorable John W. Couglin, Judge Thomas Brown, Plaintiff-Appellant, Steven Silvern, Defendant-Appellee. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE TAUBMAN Rothenberg and Sternberg*, JJ., concur Court of Appeals No. 00CA1487 Petition for Certiorari granted. See Supreme Court Case No. 01SC530, announced May 28, Jefferson County District Court No. 88JP116 Honorable James D. Zimmerman, Judge file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (5 of 32) [9/11/ :02:42 AM]

6 In the Interest of J.A.U., a Child, Upon the Petition of the Jefferson County Department of Human Services and L.E.R., Petitioners-Appellees, and Concerning R.L.C., Respondent-Appellant. ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE ROY Metzger and Davidson, JJ., concur Court of Appeals No. 00CA1533 Summit County District Court No. 96CV53 Honorable W. Terry Ruckriegle, Judge Barbara Thornbury and Bob Thornbury, Plaintiffs-Appellants, Jack C. Allen, Defendant-Appellee. JUDGMENT AFFIRMED file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (6 of 32) [9/11/ :02:42 AM]

7 Division I Opinion by JUDGE DAVIDSON Metzger and Roy, JJ., concur Court of Appeals No. 00CA1991 Industrial Claim Appeals Office of the State of Colorado WC No Public Service Company of Colorado, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Lindsay Heyer, Respondents. ORDER AFFIRMED Division IV Opinion by JUDGE KAPELKE Davidson and Ruland, JJ., concur Court of Appeals No. 99CA0158 U N P U B L I S H E D O P I N I O N S file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (7 of 32) [9/11/ :02:42 AM]

8 Arapahoe County District Court No. 89CV4424 Honorable Deanna E. Hickman, Judge Norman L. Fleet and Fleet Resources, Inc., Plaintiffs-Appellees and Cross-Appellants, Dwight Zwick, Defendant, and Concerning John L. Springer, Garnishee-Appellant and Cross-Appellee. JUDGMENT AFFIRMED IN PART, VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE METZGER Jones and Davidson, JJ., concur Court of Appeals No. 99CA1690 City and County of Denver District Court Nos. 86CR2085, 86CR2531 & 87CR164 Honorable Shelley I. Gilman, Judge file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (8 of 32) [9/11/ :02:42 AM]

9 Kenneth L. Powell, a/k/a Mark Johnson, ORDER AFFIRMED Division I Opinion by JUDGE METZGER Davidson and Roy, JJ., concur Court of Appeals No. 99CA1912 Boulder County District Court Nos. 96CR604 & 96CR611 Honorable Morris W. Sandstead, Jr., Judge Honorable Daniel C. Hale, Judge Bradley Shutt, ORDER AFFIRMED file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (9 of 32) [9/11/ :02:42 AM]

10 Division V Opinion by JUDGE STERNBERG* Taubman and Nieto, JJ., concur Court of Appeals No. 99CA2021 El Paso County District Court No. 99CR0676 Honorable Thomas K. Kane, Judge Robert John Michels, JUDGMENT AFFIRMED Division V Opinion by JUDGE TAUBMAN Nieto and Sternberg*, JJ., concur Court of Appeals No. 99CA2396 file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (10 of 32) [9/11/ :02:42 AM]

11 Adams County District Court No. 98CR1087 Honorable Harlan R. Bockman, Judge Ben Pachuca Lopez, JUDGMENT AFFIRMED Division V Opinion by CHIEF JUDGE HUME Taubman and Nieto, JJ., concur Court of Appeals No. 99CA2478 Pueblo County District Court No. 98CR1478 Honorable Dennis Maes, Judge Steven J. Archuleta, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (11 of 32) [9/11/ :02:42 AM]

12 JUDGMENT AFFIRMED Division I Opinion by JUDGE DAVIDSON Metzger and Roy, JJ., concur Court of Appeals No. 99CA2518 Larimer County District Court No. 96CR847 Honorable John-David Sullivan, Judge James Delaney, III, ORDER AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE DAILEY Jones and Marquez, JJ., concur file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (12 of 32) [9/11/ :02:42 AM]

13 Court of Appeals No. 99CA2523 Larimer County District Court No. 95CR738 Honorable John-David Sullivan, Judge James J. Delaney, ORDER AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE MARQUEZ Jones and Dailey, JJ., concur Court of Appeals No. 99CA2544 Larimer County District Court No. 96CR604 Honorable John-David Sullivan, Judge file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (13 of 32) [9/11/ :02:42 AM]

14 Richard Jay Liebler, ORDER AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE MARQUEZ Jones and Dailey, JJ., concur Court of Appeals No. 00CA0026 Larimer County District Court No. 97CR847 Honorable James H. Hiatt, Judge Reginald Anderson, ORDERS AFFIRMED AND CASE REMANDED WITH DIRECTIONS file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (14 of 32) [9/11/ :02:42 AM]

15 Division III Opinion by JUDGE DAILEY Jones and Marquez, JJ., concur Court of Appeals No. 00CA0133 Lincoln County District Court No. 95CR7 Honorable Garth L. Nieschburg, Judge Harry Thomas Eckert, III, ORDER AFFIRMED Division I Opinion by JUDGE ROY Metzger and Davidson, JJ., concur Court of Appeals No. 00CA0137 Arapahoe County District Court No. 97DR1843 file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (15 of 32) [9/11/ :02:42 AM]

16 Honorable Jack F. Smith, Judge In re the Marriage of Randolph Ramirez, Appellant, and Kriston E. Stills, Appellee. ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division A Opinion by JUDGE STERNBERG* Roy and Erickson*, JJ., concur Court of Appeals No. 00CA0214 El Paso County District Court No. 97DR1587 Honorable Richard V. Hall, Judge In re the Marriage of Syndra A. Jones, Appellee, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (16 of 32) [9/11/ :02:42 AM]

17 and Clifton E. Jones, Appellant. JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE MARQUEZ Jones and Dailey, JJ., concur Court of Appeals No. 00CA0280 City and County of Denver District Court No. 95DR163 Honorable Herbert L. Stern, III, Judge In re the Marriage of Connie L. Mockelmann, Appellee, and Henry A. Mockelmann, III, Appellant. ORDER AFFIRMED IN PART AND APPEAL DISMISSED IN PART file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (17 of 32) [9/11/ :02:42 AM]

18 Division IV Opinion by JUDGE RULAND Rothenberg and Vogt, JJ., concur Court of Appeals No. 00CA0325 Jefferson County District Court No. 99CR725 Honorable Henry E. Nieto, Judge Robert Gregory Griego, JUDGMENT AFFIRMED Division III Opinion by JUDGE DAILEY Hume, C.J., and Marquez, J., concur Court of Appeals No. 00CA0374 file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (18 of 32) [9/11/ :02:42 AM]

19 Pueblo County District Court No. 99CR35 Honorable James H. Frasher, Jr., Judge Joseph Phillip Diaz, JUDGMENT AFFIRMED Division V Opinion by JUDGE NIETO Hume, C.J., and Taubman, J., concur Court of Appeals No. 00CA0504 Adams County District Court No. 99CR1486 Honorable John E. Popovich, Jr., Judge Honorable Thomas R. Ensor, Judge Kellye W. Monaghan, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (19 of 32) [9/11/ :02:42 AM]

20 JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE ROTHENBERG Ruland and Vogt, JJ., concur Court of Appeals No. 00CA0780 Arapahoe County District Court No. 94CR203 Honorable Robert H. Russell, II, Judge Edgar Galloway, ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE DAVIDSON file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (20 of 32) [9/11/ :02:42 AM]

21 Metzger and Roy, JJ., concur Court of Appeals No. 00CA0794 El Paso County District Court No. 98CV1047 Honorable Edward S. Colt, Judge John E. Fitzgibbons, Trustee of the Bankruptcy Estate of Marvin Lee Thomason, d/b/a Great Colorado Real Estate Exchange, d/b/a Stagecoach Inn, Plaintiff-Appellant, Raymond E. Starling, Caryl G. Thomason, and T&S Investments, Ltd., a Colorado general partnership, Defendants-Appellees. JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE KAPELKE Taubman and Nieto, JJ., concur Court of Appeals No. 00CA0801 file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (21 of 32) [9/11/ :02:42 AM]

22 Rio Grande County District Court No. 99CR26 Honorable Robert W. Ogburn, Judge Arthur Benjamin Naranjo, SENTENCES AFFIRMED Division I Opinion by JUDGE ROY Metzger and Davidson, JJ., concur Court of Appeals No. 00CA0893 Weld County District Court No. 98CV1128 Honorable William L. West, Judge Materials Advisory Group, Inc., Plaintiff-Appellant, MS Corporation, d/b/a M&M Sand & Gravel, Inc., a Colorado corporation, et al., file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (22 of 32) [9/11/ :02:42 AM]

23 Defendants-Appellees. JUDGMENT AFFIRMED Division V Opinion by JUDGE KAPELKE Taubman and Nieto, JJ., concur Court of Appeals No. 00CA0953 Jefferson County District Court No. 98CV131 Honorable Tom Woodford, Judge Hermine Blau, Plaintiff-Appellee and Cross-Appellant, Kmart Corporation, Defendant-Appellant and Cross-Appellee. JUDGMENT AFFIRMED Division I Opinion by JUDGE ROY Metzger and Davidson, JJ., concur file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (23 of 32) [9/11/ :02:42 AM]

24 Court of Appeals No. 00CA1052 Garfield County District Court Nos. 99CR303 & 99CR311 Honorable T. Peter Craven, Judge Michael Ray McCune, SENTENCE AFFIRMED Division I Opinion by JUDGE METZGER Davidson and Roy, JJ., concur Court of Appeals No. 00CA1244 City and County of Denver District Court No. 99CV3689 Honorable John W. Coughlin, Judge William E. Cooper, Plaintiff-Appellant, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (24 of 32) [9/11/ :02:42 AM]

25 Terri Ann Cooper and Peter Jurg, Defendants-Appellees. JUDGMENT AFFIRMED Division V Opinion by JUDGE NIETO Taubman and Kapelke, JJ., concur Court of Appeals No. 00CA1394 Adams County District Court No. 98DR1049 Honorable Donald W. Marshall, Jr., Judge In re the Marriage of David A. Rogers, Appellee, and Karen Rogers, Appellant. ORDER AFFIRMED Division V Opinion by JUDGE ROTHENBERG file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (25 of 32) [9/11/ :02:42 AM]

26 Taubman and Sternberg*, JJ., concur Court of Appeals No. 00CA1400 Clear Creek County District Court No. 97CR0086 Honorable W. Terry Ruckriegle, Judge Frank Martin Funk, ORDER VACATED AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE TAUBMAN Hume, C.J., and Nieto, J., concur Court of Appeals No. 00CA1418 El Paso County District Court No. 95CR1011 file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (26 of 32) [9/11/ :02:42 AM]

27 Honorable Thomas K. Kane, Judge Duane A. Blackshear, ORDER AFFIRMED Division I Opinion by JUDGE ROY Metzger and Davidson, JJ., concur Court of Appeals No. 00CA1450 Larimer County District Court No. 86DR0509 Honorable William F. Dressel, Judge In re the Marriage of Roberta L. Hamilton, Appellant, and Charles G. Hamilton, Appellee. file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (27 of 32) [9/11/ :02:42 AM]

28 JUDGMENT AFFIRMED Division IV Opinion by JUDGE VOGT Ruland and Rothenberg, JJ., concur Court of Appeals No. 00CA1557 City and County of Denver District Court No. 95DR3184 Honorable John N. McMullen, Judge In re the Marriage of Gregory D. Bolin, Petitioner, and Katherine Chavez, Respondent, and Concerning Mary Bolin and Gaius Bolin, Intervenors-Grandparents and Appellants. ORDER AFFIRMED Division V Opinion by JUDGE STERNBERG* file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (28 of 32) [9/11/ :02:42 AM]

29 Taubman and Nieto, JJ., concur Court of Appeals No. 00CA1781 Montrose County District Court No. 97CR127 Honorable Richard J. Brown, Judge Richard L. Martinez, ORDERS AFFIRMED Division I Opinion by JUDGE METZGER Davidson and Roy, JJ., concur Court of Appeals No. 00CA2219 Jefferson County District Court No. 93CR1897 Honorable Christopher J. Munch, Judge file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (29 of 32) [9/11/ :02:42 AM]

30 Ronald A. Bogan, ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE CASEBOLT Plank and Jones, JJ. concur Court of Appeals No. 01CA0022 Industrial Claim Appeals Office of the State of Colorado DD No Shirley J. Myers, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Independent Warranty Management Corporation, Respondents. file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (30 of 32) [9/11/ :02:42 AM]

31 ORDER AFFIRMED Division IV Opinion by JUDGE RULAND Rothenberg and Vogt, 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. 99CA1560 Ronald A. Bogan, Petition for Rehearing DENIED Court of Appeals No. 00CA0748 Woodland Paradise Corporation, a Colorado corporation, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (31 of 32) [9/11/ :02:42 AM]

32 Vernon V. Piotter, Defendant and Third-Party Plaintiff-Appellant, Professional Building Movers, Inc., and Colorado Structures, Inc., Third-Party Defendants-Appellees. Petition for Rehearing DENIED Court of Appeals No. 00CA0855 In re Marriage of Thurman Harrison, Jr., Appellant, and <FONT face="cour file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (32 of 32) [9/11/ :02:42 AM]