Mr. Tonsing was charged with and convicted of sexual assault involving a physically helpless adult and received an indeterminate life sentence of imprisonment. The Court of Appeals held that insuffic...ient evidence was presented at trial to support Mr. Tonsing’s conviction, and that judgment of conviction could not be entered on any different or lesser charges. Thus, the Court vacated Mr. Tonsing’s conviction, precluding any retrial related to the alleged incident and all charges eventually were dropped.
Appeals
Fowler v. United States
May 31, 2011
OUTCOME: reversed and remanded
Mr. Fowler sued the United States under the Federal Tort Claims Act for injuries he sustained as a result of an automobile collision involving an Air Force service member. The United States filed a mo...tion for summary judgment asking that the case be dismissed on grounds that the service member was not acting within the course and scope of his Air Force employment at the time of the crash and thus, the United States could not be held liable for the injuries to Mr. Fowler. The district court granted the motion, holding that the government could not be held liable for Mr. Fowler’s injuries as a matter of law. Mr. Fowler appealed and the United States Court of Appeals for the Tenth Circuitreversed the trial court’s ruling and reinstated Mr. Fowler’s claims against the United States. Shortly thereafter, the United States settled the case.
Appeals
Fremling v. Saber
Feb 11, 2011
OUTCOME: reversed and remanded
Dr. Saber and his company were sued for breach of contract and several business torts stemming from what was, in essence, an employment dispute. After a bench trial, the court ruled in favor of the pl...aintiff on several different claims, and it held that Dr. Saber was jointly liable for the verdict against his company on grounds that the company was Dr. Saber’s “alter ego.” In preparation for appeal, Dr. Saber’s trial counsel agreed to pledge Dr. Saber’s home to secure the judgment entered in favor of the plaintiff. Later, the court required that additional security be pledged in the form of a letter of credit to secure the judgment entered against both defendants. Some time thereafter, the defendant company declared bankruptcy.
After multiple remands, extensive motions practice and two rounds of merits briefing, the Court of Appeals ruled that the trial court erred as a matter of law in concluding that Dr. Saber was the alter ego of the corporate defendant and thus, there was no basis for holding Dr. Saber individually liable on any of the plaintiff’s claims. In addition, and of equal importance, the Court of Appeals held that the trial court had erred in refusing to release the security pledged by Dr. Saber after an interim appellate ruling that no final judgment had been entered in the case, and that the trial court had exceeded its authority by directing Dr. Saber to pledge a letter of credit on behalf of himself and the corporate defendant. As a result, the judgment against Dr. Saber was vacated and all of the security that had been pledged by Dr. Saber was returned to him.
Appeals
Doumbouya v. Denver
Jan 01, 2009
OUTCOME: vacated
Mr. Doumbouya was convicted of assault at trial. The Supreme Court granted Mr. Doumbouya’s petition for review of the case. However, after oral argument, the Supreme Court remanded the case to the Cou...rt of Appeals for resolution. The Court of Appeals ruled that the trial court erred in declaring a mistrial over Mr. Doumbouya’s objection, and it vacated his conviction and ordered that all charges against Mr. Doumbouya be dismissed.
Appeals
Coors v. Security Life of Denver
Oct 01, 2005
OUTCOME: affirmed
After having jury verdict thrown out in Court of Appeals, verdict (including award of punitive damages) reinstated by the Colorado Supreme Court.
Appeals
People v. Weinreich
Jan 01, 2005
OUTCOME: reversed and remanded
Client convicted of child abuse resulting in death at trial; conviction reversed by Colorado Supreme Court.
