-1- ANNOUNCEMENTS Colorado Court of Appeals August 27, 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. P U B L I S H E D O P I N I O N S Court of Appeals No. 14CA0341 El Paso County District Court No. 11CV6585 Honorable G. David Miller, Judge Wisdom Works Counseling Services, P.C.; Denis Leveille; Roger Mollenkamp, Plaintiffs-Appellees and Cross-Appellants, Colorado Department of Corrections; Rick Raemisch, in his official capacity as Executive Director; Steve Hager, Division of Adult Parole, Community Corrections and Youthful Offender Systems, in his official capacity as Interim Director; Approved Treatment Provider Review Board, by and through its members; Dr. Todd Helvig; Bennie Lombard; Jeff Geist; Maryse Osborn; Amberly Chalberg; Liesl Schumacher, Defendants-Appellants and Cross-Appellees. ORDER AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE WEBB Graham and Terry, JJ., concur

2 -2- Court of Appeals No. 14CA0622 Weld County District Court No. 12JD631 Honorable Thomas J. Quammen, Judge In the Interest of J.O., Juvenile-Appellant. JUDGMENT AFFIRMED Division IV Opinion by JUDGE WEBB Graham and Terry, JJ., concur Court of Appeals No. 14CA1028 El Paso County District Court No. 13CV2082 Honorable Robin L. Chittum, Judge Colorado Springs Citizens for Community Rights, Plaintiff-Appellant, City of Colorado Springs, Colorado; and Title Board, an Entity of the City of Colorado Springs, Colorado, Defendant-Appellee. ORDER AFFIRMED Division III Opinion by JUDGE FOX Dailey and Lichtenstein, JJ., concur

3 -3- Court of Appeals No. 14CA1968 Arapahoe County District Court No. 11JD714 Honorable Elizabeth Beebe Volz, Judge Petitioner-Appellee, In the Interest of P.K., Juvenile-Appellant. ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division VII Opinion by CHIEF JUDGE LOEB Sternberg* and Kapelke*, JJ., concur

4 -4- U N P U B L I S H E D O P I N I O N S Court of Appeals No. 10CA0416 Jefferson County District Court No. 08CR1421 Honorable R. Brooke Jackson, Judge Rodricke Mikel Martin Shari, JUDGMENT AFFIRMED Division VII Opinion by JUDGE RICHMAN Navarro and Nieto*, JJ., concur Court of Appeals No. 11CA1688 Jefferson County District Court No. 09CR2211 Honorable Lily W. Oeffler, Judge Honorable Dennis J. Hall, Judge Britt Allan Cox, JUDGMENT AFFIRMED Division VI Opinion by JUDGE ASHBY Furman and Booras, JJ., concur

5 -5- Court of Appeals No. 12CA0210 Arapahoe County District Court No. 10CR2717 Honorable Kurt A. Horton, Judge Isacc Nelson Munoz, JUDGMENT AND SENTENCE AFFIRMED Division VI Opinion by JUDGE BOORAS Furman and Ashby, JJ., concur Court of Appeals No. 12CA1071 Arapahoe County District Court No. 06CR53 Honorable Michael J. Spear, Judge Alberto Juan Sanchez, ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE ASHBY Furman and Booras, JJ., concur

6 -6- Court of Appeals No. 12CA1854 El Paso County District Court No. 09CR1684 Honorable Richard V. Hall, Judge Nechterg David Cortes Rivera, JUDGMENT AFFIRMED Division IV Opinion by JUDGE WEBB Graham and Terry, JJ., concur Court of Appeals No. 12CA2136 Douglas County District Court No. 10CR569 Honorable Vincent R. White, Judge Phillip Michael Orndorff, JUDGMENT AND SENTENCE AFFIRMED Division VII Opinion by JUDGE NAVARRO Richman and Nieto*, JJ., concur

7 -7- Court of Appeals No. 12CA2532 Jefferson County District Court No. 11CR1245 Honorable Lily W. Oeffler, Judge Joseph Vaughn Justice, JUDGMENT AFFIRMED IN PART, VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE J. JONES Harris, J., concurs Bernard, J., concurs in part and dissents in part Court of Appeals No. 12CA2601 Adams County District Court No. 12CR2 Honorable Thomas R. Ensor, Judge Tyrel Jordan Walker, JUDGMENT AFFIRMED Division II Opinion by JUDGE J. JONES Bernard and Harris, JJ., concur

8 -8- Court of Appeals No. 13CA0177 Jefferson County District Court No. 12CR113 Honorable Jane A. Tidball, Judge Estelle Carson, JUDGMENT AFFIRMED Division IV Opinion by JUDGE WEBB Graham and Terry, JJ., concur Court of Appeals No. 13CA0225 El Paso County District Court No. 12CR971 Honorable Theresa M. Cisneros, Judge Gregory Michael Schultz, JUDGMENT AFFIRMED, SENTENCE VACATED, AND CASE REMANDED WITH DIRECTIONS Division VII Opinion by JUDGE KAPELKE* Richman and Navarro, JJ., concur

9 -9- Court of Appeals No. 13CA1777 City and County of Denver District Court Nos. 82CR2109, 82CR2131, 82CR2165, 82CR2282, 82CR2283, 82CR2313 Honorable William D. Robbins, Judge Honorable James C. Flanigan, Judge James Ginn, ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE HARRIS Bernard and J. Jones, JJ., concur Court of Appeals No. 13CA1828 El Paso County District Court No. 10CR3093 Honorable Larry E. Schwartz, Judge Ryan Michael Cantor, JUDGMENT AFFIRMED Division VI Opinion by JUDGE FURMAN Booras and Ashby, JJ., concur

10 -10- Court of Appeals No. 13CA1901 Arapahoe County District Court No. 09CR2294 Honorable Marilyn Leonard Antrim, Judge Michael B. Gibson, ORDER AFFIRMED Division II Opinion by JUDGE BERNARD J. Jones and Harris, JJ., concur Court of Appeals No. 13CA2190 Weld County District Court No. 12CR1492 Honorable Timothy G. Kerns, Judge Lee Duran Baesler, JUDGMENT REVERSED Division III Opinion by JUDGE FOX Dailey and Lichtenstein, JJ., concur

11 -11- Court of Appeals No. 13CA2244 Jefferson County District Court No. 01CR2509 Honorable Lily W. Oeffler, Judge Baruch Bachofer, ORDER AFFIRMED Division VI Opinion by JUDGE BOORAS Furman and Ashby, JJ., concur Court of Appeals No. 14CA0360 El Paso County District Court No. 13CV288 Honorable Deborah J. Grohs, Judge Justin Rueb, Plaintiff-Appellant, Colorado Department of Correction; Rick Raemisch, in his official capacity as Executive Director of the Colorado Department of Corrections; Anthony Decesaro; Carrie May; James Falk; Aristedes Zavaras; Macain Hildenbrand, Defendants-Appellees. ORDER VACATED Division VI Opinion by JUDGE FURMAN Booras and Ashby, JJ., concur

12 -12- Court of Appeals No. 14CA0523 Eagle County District Court No. 07CR429 Honorable Russell H. Granger, Judge Alexander Naves-Millan, ORDER AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE BERGER Taubman and Hawthorne, JJ., concur

13 -13- Court of Appeals No. 14CA0806 Grand County District Court No. 11CV295 Honorable Mary C. Hoak, Judge Dennis Austin Patten, as Trustee of The Dennis Austin Patten Living Trust; Michael C. Vincent; Kimberly H. Vincent; Laurent Lewkoweiz; Holly Lewkoweiz; Karl Plott; Lothar Schulz; Jerrold Barone; Nancy Barone; Stephen Welsh; Michelle Welsh; and Sandra D. Green Trust, Date June 12, 1995, a Florida Trust, Plaintiffs-Appellees and Cross-Appellants, Estate of Boyace J. Holland; Aspen Pine Estates, Inc., a Colorado corporation; Sandra Holland; Jeff Holland; Glen Holland; and Susan Holland; Defendants-Appellants and Cross-Appellees. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE GRAHAM Webb, J., concurs Terry, J., concurs in part and dissents in part

14 -14- Court of Appeals No. 14CA1066 Boulder County District Court No. 13CV30427 Honorable Bruce Langer, Judge Salvatore Mascioli and Cezanne Mascioli, Plaintiffs-Appellants, Amir Myla Alviar, Defendant-Appellee. ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE J. JONES Bernard and Harris, JJ., concur Court of Appeals No. 14CA1240 City and County of Denver District Court No. 98CR305 Honorable Martin F. Egelhoff, Judge Ronald Kultgen, ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE GRAHAM Webb and Terry, JJ., concur

15 -15- Court of Appeals No. 14CA1271 Weld County District Court No. 11CV893 Honorable Julie C. Hoskins, Judge Delberta Susi Gida and John Gida, Plaintiffs-Appellants, Chris D. Guadagnoli and Safe Site, Inc., a Colorado corporation, Defendants-Appellees. JUDGMENT AFFIRMED Division IV Opinion by JUDGE GRAHAM Webb and Terry, JJ., concur

16 -16- Court of Appeals No. 14CA1326 Custer County District Court No. 14CV30000 Honorable Robert Freeman, Judge Centennial Ranch and Aspen Mountain Ranch Association, Petitioner-Appellant, Robert Klein, Joel C. Kiester, Peter Moore, Judy Casey, Anne M. O Connor, Nedra Rutherford, John Madden, Annette Madden, and Anita Burnett, Respondents, and Gil Fuller and James McMahon, Respondents-Appellees. ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE HAWTHORNE Taubman and Berger, JJ., concur

17 -17- Court of Appeals No. 14CA1461 Jefferson County District Court No. 09DR3039 Honorable Jack W. Berryhill, Judge In re the Marriage of Cassandra J. Vigil, n/k/a O Hayre, Appellee, and Rudolph R. Vigil, Appellant. ORDER AFFIRMED Division A Opinion by JUDGE ROY* Loeb, C.J. and Rothenberg*, J., concur Court of Appeals No. 14CA1465 El Paso County District Court No. 14CV160 Honorable Maria R. Prudek, Judge Rayfeal R. Nunn, Plaintiff-Appellant, Colorado Department of Corrections, Warden Archuleta, Fremont Correctional Facility; Warden, Bent County Correctional Facility; Warden, Crowley County Correctional Facility, Defendants-Appellees. JUDGMENT AFFIRMED Division III Opinion by JUDGE DAILEY Lichtenstein and Fox, JJ., concur

18 -18- Court of Appeals No. 14CA1619 Jefferson County District Court No. 07CR1517 Honorable Dennis J. Hall, Judge Bobby A. Manigo, ORDER AFFIRMED Division A Opinion by JUDGE ROTHENBERG* Loeb, C.J. and Roy*, J., concur Court of Appeals No. 14CA1658 El Paso County District Court No. 08CR1624 Honorable David S. Prince, Judge Raymond M. Vasquez, ORDER AFFIRMED Division VII Opinion by JUDGE KAPELKE* Loeb, C.J., and Sternberg*, J., concur

19 -19- Court of Appeals No. 14CA1690 Boulder County District Court No. 10DR511 Honorable Patrick D. Butler, Judge In re the Marriage of Kathleen A. Rosenfeld, n/k/a May, Appellee, and Alan David Rosenfeld, Appellant. JUDGMENT AFFIRMED Division II Opinion by JUDGE HARRIS Bernard and J. Jones, JJ., concur

20 -20- Court of Appeals No. 14CA1786 Douglas County District Court No. 12DR1565 Honorable Michael J. Spear, Judge In re the Marriage of Jeffrey John Nixon, Appellant, and Deanna Lyn Marie Nixon, Appellee. ORDER AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE GRAHAM Webb and Terry, JJ., concur

21 -21- Court of Appeals No. 14CA2007 Boulder County District Court No. 13CV31746 Honorable D.D. Mallard, Judge Colorado Oil & Gas Association, City of Lafayette, Colorado, Defendant-Appellee, and East Boulder County United; and Clifton Willmeng, Intervenors-Appellants. APPEAL DISMISSED Division VII Opinion by JUDGE RICHMAN Navarro and Roy*, JJ., concur Court of Appeals No. 15CA0344 El Paso County District Court No. 13JV1162 Honorable Thomas L. Kennedy, Judge Petitioner-Appellee, In the Interest of E.B., a Child, and Concerning E.B. and J.B., Respondents-Appellants. JUDGMENT AFFIRMED Division A Opinion by CHIEF JUDGE LOEB Rothenberg* and Roy*, JJ., concur

22 -22- Court of Appeals No. 15CA0491 Industrial Claim Appeals Office of the State of Colorado DD No Kyle C. McLernon, Petitioner, Industrial Claim Appeals Office of the State of Colorado and North & South Aspen, LLC Respondents. ORDER AFFIRMED Division II Opinion by JUDGE BERNARD J. Jones and Harris, JJ., concur Court of Appeals No. 15CA0591 Delta County District Court No. 14JV8 Honorable Jeff B. Herron, Judge Petitioner-Appellee, In the Interest of C.H. and K.H., Children, and Concerning G.S., Respondent-Appellant. JUDGMENT AFFIRMED Division VI Opinion by JUDGE BOORAS Furman and Ashby, JJ., concur

23 -23- Court of Appeals No. 15CA0606 Pueblo County District Court No. 15MH64 Honorable William D. Alexander, Judge Petitioner-Appellee, In the Interest of David Matthew Rollins, Respondent-Appellant. ORDERS AFFIRMED Division II Opinion by JUDGE J. JONES Bernard and Plank*, JJ., concur Court of Appeals No. 15CA1106 Pueblo County District Court No. 15MH179 Honorable William D. Alexander, Judge Petitioner-Appellee, In the Interest of William Hallisey, Respondent-Appellant. ORDER AFFIRMED Division VII Opinion by JUDGE RICHMAN Navarro and Kapelke*, JJ., concur

24 -24- Court of Appeals No. 12CA1281 P E T I T I O N S F O R R E H E A R I N G William Edward Willett, Petition for Rehearing DENIED Court of Appeals No. 13CA0173 Dameion L. Moore, Petition for Rehearing DENIED

25 -25- Court of Appeals No. 13CA1474 Gayle Elizabeth Rauchfuss, Petition for Rehearing DENIED Court of Appeals No. 14CA1135 Bernardo Leon-Gutierrez, Opinion Modified and Petition for Rehearing DENIED * Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, 5(3), and , C.R.S