Subject Matter Index
Civil Law
Volume 15, Issue 10
September 30, 2008
Citations in bold denote appellate opinions.ADMINISTRATIVE LAW
Appeals--Timeliness--Tolling of period--Motion for rehearing 13CIR 966a
Department of Highway Safety and Motor Vehicles--Licensing--Driver's license--see, LICENSING--Driver's license
Hearings--Driver's license suspension--Cross-examination--Limitation--Arresting officer--Differences between manner in which arresting officer and other officers judge impairment 4CIR 957a
Hearings--Driver's license suspension--Cross-examination--Limitation--Arresting officer--Investigation for conduct associated with performance of DUI duties 4CIR 957a
Hearings--Driver's license suspension--Hearing officers--Departure from neutrality--Allowing witness to make independent statement following questioning by licensee's attorney and clarification by hearing officer 4CIR 957a
Hearings--Driver's license suspension--Hearing officers--Departure from neutrality--Limitation of scope of cross-examination 4CIR 957a
Hearings--Driver's license suspension--Subpoenas--Refusal to issue--Individuals whose names appear on documents not listed in statute 4CIR 953b
Hearings--Driver's license suspension--Subpoenas--Refusal to issue--Jail intake officer--Refusal to issue subpoena duces tecum requiring intake officer to appear with jail video 4CIR 955a
Hearings--Driver's license suspension--Subpoenas--Refusal to issue--Officer who notarized breath test affidavit and refusal affidavit 4CIR 953b
Hearings--Driver's license suspension--Subpoenas--Refusal to issue--Officer who was riding with arresting officer 4CIR 956a
Hearings--Driver's license suspension--Subpoenas--Refusal to issue--Witness whose testimony would have been cumulative of other evidence 4CIR 955a;
4CIR 956a
Hearings--Driver's license suspension--Witnesses--Failure of subpoenaed witness to appear--Accident investigator--Witness whose testimony regarding indicia of impairment would have been consistent with that of arresting officer 4CIR 955a
Hearings--Driver's license suspension--Witnesses--Failure of subpoenaed witness to appear--Enforcement of subpoena not sought by licensee 4CIR 955a
Licensing--Driver's license--see, LICENSING--Driver's license
APPEALS
Administrative--Timeliness of appeal--Tolling of period--Motion for rehearing 13CIR 966a
Amended judgment--Scope of review--Issues which were or could have been raised in voluntarily dismissed appeal from original final judgment 11CIR 962a
Amended judgment--Timeliness of appeal--Appeal from original final judgment voluntarily dismissed after window for filing appeal had closed 11CIR 962a
Certiorari--Timeliness of petition--Tolling of period--Motion for rehearing--Administrative proceedings 13CIR 966a
Timeliness--Amended judgment--Appeal from original final judgment voluntarily dismissed after window for filing appeal had closed 11CIR 962a
Timeliness--Certiorari--Tolling of period--Motion for rehearing--Administrative proceedings 13CIR 966a
ARBITRATION
Award--Confirmation--Absence of timely request for trial de novo CO 1016b
Trial de novo--Timeliness of request--Five-day mailing period CO 1016b
Trial de novo--Timeliness of request--Untimely request--Enforcement of decision of arbitrator CO 1016b
ATTORNEYS
Contempt--Repeated failure to appear at calendar calls or other court proceedings in criminal case--Effect on administration of justice CO 1019a
Contempt--Repeated failure to appear at calendar calls or other court proceedings in criminal case--Knowledge of effect on administration of justice and/or intent to cause harm that resulted CO 1019a
ATTORNEY'S FEES
Amount--Contempt hearing CO 1018a
Insurance--see, INSURANCE--Attorney's fees
Landlord-tenant--Prevailing party--Action to enforce lease--Landlord's defense of tenant's suit seeking refund of difference between amount of rent stated in lease and amount tenant alleged parties had orally agreed upon 11CIR 965a
Landlord-tenant--Prevailing party--Significant issues--Finding that tenants breached lease although landlords were awarded far less damages for deterioration of premises than they had sought 15CIR 972a
Prevailing party--Contracts--Credit card agreement--Voluntary dismissal without prejudice CO 1018a
Prevailing party--Landlord-tenant--Action to enforce lease--Landlord's defense of tenant's suit seeking refund of difference between amount of rent stated in lease and amount tenant alleged parties had orally agreed upon 11CIR 965a
Prevailing party--Landlord-tenant--Significant issues--Finding that tenants breached lease although landlords were awarded far less damages for deterioration of premises than they had sought 15CIR 972a
Prevailing party--Significant issues--Breach of contract/construction lien foreclosure CO 1014a
Prevailing party--Voluntary dismissal without prejudice CO 1018a
CIVIL PROCEDURE
Costs--Expert witness fees 17CIR 984a
Default--Sanction for disruption of depositions 13CIR 922a
Depositions--Disruption--Contempt--Sanctions 13CIR 992a
Depositions--Failure to attend--Sanctions--Attorney's fees CO 1011a
Depositions--Obstruction of depositions--Sanctions--Attorney's fees and costs of deposition CO 1031b
Discovery--Depositions--Disruption--Contempt--Sanctions 13CIR 992a
Discovery--Depositions--Failure to attend--Sanctions--Attorney's fees CO 1011a
Discovery--Depositions--Obstruction of depositions--Sanctions--Attorney's fees and costs of deposition CO 1031b
Discovery--Failure to comply--Sanctions--Assessment of sanctions against attorney 17CIR 981b
Discovery--Failure to provide--Sanctions 9CIR 987b
Discovery--Insurance--see, INSURANCE--Discovery
Judgment on pleadings--Matters outside pleadings 11CIR 964a
Judgments--Lien on real property--Omission of lienor's address from body of judgment--Address appearing on portion of judgment indicating person to whom copies were sent CO 1015a
Pleadings--Judgment on--Matters outside pleadings 11CIR 964a
Sanctions--Discovery--Depositions--Obstruction of depositions--Attorney's fees and costs of deposition CO 1031b
Sanctions--Discovery--Disruption of depositions 13CIR 992a
Sanctions--Discovery--Failure to attend deposition--Attorney's fees CO 1011a
Sanctions--Discovery--Failure to comply--Assessment of sanctions against attorney 17CIR 981b
Sanctions--Discovery--Failure to provide 9CIR 987b
Sanctions--Failure to pay monetary sanctions--Imposition of additional sanctions 17CIR 981b
Summary judgment--Notice and opportunity to present evidence 11CIR 964a
CONSUMER LAW
Debt collection--Injunction 13CIR 992a
CONTEMPT
Attorneys--Repeated failure to appear at calendar calls or other court proceedings in criminal case--Effect on administration of justice CO 1019a
Attorneys--Repeated failure to appear at calendar calls or other court proceedings in criminal case--Knowledge of effect on administration of justice and/or intent to cause harm that resulted CO 1019a
Disruption of depositions--Sanctions 13CIR 992a
CONTRACTS
Complaint--Sufficiency--Attachment or incorporation of written contract 18CIR 994a
Credit card agreement--Voluntary dismissal without prejudice--Attorney's fees--Prevailing party CO 1018a
Leases--Attorney's fees--Prevailing party--Significant issues--Finding that tenants breached lease although landlords were awarded far less damages for deterioration of premises than they had sought 15CIR 972a
Student loans--Breach by student--Limitation of actions--Exception--Federal law prohibiting student borrower from using statute of limitations as defense against collection--Applicability--Assignee of loan which is not among organizations listed in federal law 11CIR 962b
COUNTIES
Employees--Civil service board judgment--Appeals--Certiorari--Timeliness--Tolling of period--Motion for rehearing 13CIR 966a
CREDITORS' RIGHTS
Student loans--Breach by student--Limitation of actions--Exception--Federal law prohibiting student borrower from using statute of limitations as defense against collection--Applicability--Assignee of loan which is not among organizations listed in federal law 11CIR 962b
DECLARATORY JUDGMENTS
Insurance--Personal injury protection--Coverage--Summary judgment CO 1010a
Insurance--Personal injury protection--Insurer's obligation to provide PIP payout log on presuit request--Absence of dispute regarding coverage or payment of medical bills CO 1031a
Insurance--Personal injury protection--Insurer's obligation to provide PIP payout log on presuit request--Insurer providing PIP log before lawsuit filed CO 1031a
Insurance--Personal injury protection--Insurer's obligation to provide policy and declarations page on presuit request from assignee/medical provider CO 995b; CO
1011b
Insurance--Personal injury protection--Insurer's obligation to provide policy and declarations page on presuit request from assignee/medical provider--Furnishing information to insured CO 1011b
Insurance--Personal injury protection--Insurer's obligation to provide statement under oath setting forth statement of policy or coverage defense--Unsworn, unsigned fax letter from insurer's adjuster and cancellation language on installment notice CO 1030a
EVIDENCE
Judicial notice--Medicare Part B and workers' compensation fee schedules CO 999c
FEDERAL PREEMPTION
Student loans--Limitation of actions--Federal law prohibiting student borrower from using statute of limitations as defense against collection--Applicability--Assignee of loan which is not among organizations listed in federal law 11CIR 962b
INJUNCTIONS
Debt collection 13CIR 992a
INSURANCE
Appeals--Amended judgment--Scope of review--Issues which were or could have been raised in voluntarily dismissed appeal from original final judgment 11CIR 962a
Appeals--Amended judgment--Timeliness of appeal--Appeal from original final judgment voluntarily dismissed after window for filing appeal had closed 11CIR 962a
Appeals--Timeliness--Amended judgment--Appeal from original final judgment voluntarily dismissed after window for filing appeal had closed 11CIR 962a
Arbitration--Trial de novo--Timeliness of request--Five-day mailing period CO 1016b
Arbitration--Trial de novo--Timeliness of request--Untimely request--Enforcement of decision of arbitrator CO 1016b
Assignment--Personal injury protection--Assignments in favor of multiple medical providers 13CIR 967a
Assignment--Personal injury protection--Validity of assignment--Assignment in name of entity other than named plaintiff CO 1011c; CO 1012a
Assignment--Personal injury protection--Validity of assignment--Standing CO 1030a
Assignment--Personal injury protection--Validity of assignment--Standing--Waiver of defense--Failure to raise defense in answer or other pleading CO 1012a
Assignment--Validity--Assignment in name of entity other than named plaintiff CO 1011c; CO 1012a
Attorney's fees--Evidentiary hearing--Continuance--Denial 17CIR 984a
Attorney's fees--Personal injury protection 17CIR 984a
Automobile--Exclusions--Vehicle rented and used in insured's employment or business--Vehicle used by insured in his employment as salesperson 9CIR 960b
Costs--Expert witness fees 17CIR 984a
Declaratory judgments--Insurer's obligation to provide statement under oath setting forth statement of policy or coverage defense--Unsworn, unsigned fax letter from insurer's adjuster and cancellation language on installment notice CO 1030a
Declaratory judgments--Personal injury protection--Coverage--Summary judgment CO 1010a
Declaratory judgments--Personal injury protection--Insurer's obligation to provide PIP payout log on presuit request--Absence of dispute regarding coverage or payment of medical bills CO 1031a
Declaratory judgments--Personal injury protection--Insurer's obligation to provide PIP payout log on presuit request--Insurer providing PIP log before lawsuit filed CO 1031a
Declaratory judgments--Personal injury protection--Insurer's obligation to provide policy and declarations page on presuit request from assignee/medical provider CO 995b;
CO 1011b
Declaratory judgments--Personal injury protection--Insurer's obligation to provide policy and declarations page on presuit request from assignee/medical provider--Furnishing information to insured CO 1011b
Depositions--Insurer's litigation adjuster CO 1007a
Discovery--Depositions--Failure to attend--Sanctions--Attorney's fees CO 1011a
Discovery--Depositions--Insurer's litigation adjuster CO 1007a
Discovery--Depositions--Obstruction of depositions of corporate representative with most knowledge of medical treatment--Sanctions--Attorney's fees and costs of deposition CO 1031b
Discovery--Failure to comply--Sanctions--Assessment of sanctions against attorney 17CIR 981b
Evidence--Judicial notice--Medicare Part B and workers' compensation fee schedules CO 999c
Exclusions--Automobile insurance--Vehicle rented and used in insured's employment or business--Vehicle used by insured in his employment as salesperson 9CIR 960b
Medpay--Notice of loss--Disclosure and acknowledgment form--Necessity CO 996a
Personal injury protection--Arbitration--Trial de novo--Timeliness of request--Five-day mailing period CO 1016b
Personal injury protection--Arbitration--Trial de novo--Timeliness of request--Untimely request--Enforcement of decision of arbitrator CO 1016b
Personal injury protection--Assignment--Assignments in favor of multiple medical providers 13CIR 967a
Personal injury protection--Assignment--Validity--Assignment in name of entity other than named plaintiff CO 1011c; CO 1012a
Personal injury protection--Assignment--Validity--Standing CO 1030a
Personal injury protection--Assignment--Validity--Standing--Waiver of defense--Failure to raise defense in answer or other pleading CO 1012a
Personal injury protection--Attorney's fees--see, Attorney's fees
Personal injury protection--Breach by insurer--Failure to properly reimburse PIP benefits--Payment of charges until exhaustion of policy limits CO 1010a
Personal injury protection--Condition precedent to suit--Demand letter--see, Personal injury protection--Demand letter
Personal injury protection--Coverage--Declaratory judgment--Summary judgment CO 1010a
Personal injury protection--Coverage--Medical expenses--Delay in payment of benefits--Interest CO 1013a
Personal injury protection--Coverage--Medical expenses--Evidence--Judicial notice--Medicare Part B and workers' compensation fee schedules CO 999c
Personal injury protection--Coverage--Medical expenses--Exhaustion of policy limits--Subsequent claim for unpaid portion of bill--Absence of bad faith CO 1005a
Personal injury protection--Coverage--Medical expenses--Exhaustion of policy limits--Subsequent claim for unpaid portion of bill--Exhaustion after suit filed--Absence of bad faith CO 1005a
Personal injury protection--Coverage--Medical expenses--Failure to pay or investigate within 30 days--Interest CO 1013a
Personal injury protection--Coverage--Medical expenses--Failure to pay or investigate within 30 days--Tolling of period--Insurer's request for further documentation--Untimely request CO 1016a
Personal injury protection--Coverage--Medical expenses--Functional capacity test and supplies--Failure to pay or investigate within 30 days--Tolling of period--Insurer's request for further documentation--Untimely request CO 1016a
Personal injury protection--Coverage--Medical expenses--Judgment on pleadings--Matters outside pleadings 11CIR 964a
Personal injury protection--Coverage--Medical expenses--Usual and customary charges--Bill in excess of charges for other providers or direct-billed patients 6CIR 958a; CO 1004b
Personal injury protection--Declaratory judgment--Insurer's obligation to provide PIP payout log on presuit request--Absence of dispute regarding coverage or payment of medical bills CO 1031a
Personal injury protection--Declaratory judgment--Insurer's obligation to provide PIP payout log on presuit request--Insurer providing PIP log before lawsuit filed CO 1031a
Personal injury protection--Declaratory judgment--Insurer's obligation to provide policy and declarations page on presuit request from assignee/medical provider CO 995b;
CO 1011b
Personal injury protection--Declaratory judgment--Insurer's obligation to provide policy and declarations page on presuit request from assignee/medical provider--Furnishing information to insured CO 1011b
Personal injury protection--Declaratory judgment--Insurer's obligation to provide statement under oath setting forth statement of policy or coverage defense--Unsworn, unsigned fax letter from insurer's adjuster and cancellation language on installment notice CO 1030a
Personal injury protection--Demand letter--Failure to provide copy of policy and endorsements requested in letter CO 1011c
Personal injury protection--Demand letter--Subsequent claim for postage in amount exceeding amount stated in demand letter CO 1029a
Personal injury protection--Demand letter--Sufficiency--Request for amount not due at time of demand letter CO 1029a
Personal injury protection--Discovery--Depositions--Failure to attend--Sanctions--Attorney's fees CO 1011a
Personal injury protection--Discovery--Depositions--Insurer's litigation adjuster CO 1007a
Personal injury protection--Discovery--Depositions--Obstruction of depositions of corporate representative with most knowledge of medical treatment--Sanctions--Attorney's fees and costs of deposition CO 1031b
Personal injury protection--Discovery--Failure to comply--Sanctions--Assessment of sanctions against attorney 17CIR 981b
Personal injury protection--Evidence--Judicial notice--Medicare Part B and workers' compensation fee schedules CO 999c
Personal injury protection--Explanation of benefits--Failure to provide--Insurer not reducing, omitting or declining to make payment CO 1010a
Personal injury protection--Interest--Delay in payment of benefits CO 1013a
Personal injury protection--Notice of loss--Dates of service after initial treatment or service--Chronological patient log--Burden of proof--Insurer/medical provider CO 1007b
Personal injury protection--Notice of loss--Dates of service after initial treatment or service--Disclosure and acknowledgment form--Necessity CO 1007b
Personal injury protection--Notice of loss--Disclosure and acknowledgment form--Compensability for dates of service after initial treatment CO 1007b
Personal injury protection--Notice of loss--Disclosure and acknowledgment form--Description of services rendered--Listing "medical treatment" on line provided to specify services rendered CO 1008a
Personal injury protection--Notice of loss--Disclosure and acknowledgment form--Necessity CO 996a
Personal injury protection--Notice of loss--Disclosure and acknowledgment form--Necessity--Dates of service after initial treatment or service CO 1007b
Personal injury protection--Notice of loss--Disclosure and acknowledgment form--Non-compliant form--Estoppel CO 1007b
Personal injury protection--Notice of loss--Disclosure and acknowledgment form--Non-compliant form--Waiver CO 1008a
Personal injury protection--Standing--Assignment--Assignments in favor of multiple medical providers 13CIR 967a
Personal injury protection--Standing--Assignment--Validity CO 1030a
Personal injury protection--Standing--Assignment--Validity--Assignment in name of entity other than named plaintiff CO 1011c; CO 1012a
Personal injury protection--Standing--Assignment--Validity--Waiver of defense--Failure to raise defense of standing in answer or other pleading CO 1012a
Property--Breach of contract--Failure to pay or deny claim within 90 days--Claim based solely on failure to comply with statute--Existence of private cause of action CO 1015b
Property--Failure to pay or deny claim within 90 days--Breach of contract claim based solely on failure to comply with statute--Existence of private cause of action CO 1015b
Sanctions--Discovery--Failure to comply--Assessment of sanctions against attorney 17CIR 981b
Sanctions--Failure to pay monetary sanctions--Imposition of additional sanctions 17CIR 981b
INTEREST
Insurance--Personal injury protection--Delay in payment of benefits CO 1013a
JUDGES
Judicial Ethics Advisory Committee--Elections--Campaign manager/consultant--Partisan political candidate or executive officer of partisan political committee M 1035a
JURY TRIAL
Criminal case--Waiver 17CIR 976b
Waiver--Criminal case 17CIR 976b
LANDLORD-TENANT
Attorney's fees--Prevailing party--Action to enforce lease--Landlord's defense of tenant's suit seeking refund of difference between amount of rent stated in lease and amount tenant alleged parties had orally agreed upon 11CIR 965a
Attorney's fees--Prevailing party--Significant issues--Finding that tenants breached lease although landlords were awarded far less damages for deterioration of premises than they had sought 15CIR 972a
Costs--Deposition transcripts not used at trial 15CIR 972a
Eviction--Corporate landlord--Representation by non-lawyer--Corporate officer CO 1020a
Eviction--Corporate landlord--Self-representation CO 1018c
Eviction--Default--Failure to deposit rent into court registry--Vacation of default--Failure to terminate rental agreement prior to commencing eviction action--Defective three-day notice CO 1018c
Eviction--Default--Vacation--Failure to terminate rental agreement prior to commencing eviction action--Defective three-day notice CO 1018c
Eviction--Deposit of rent into court registry--Failure to comply--Default--Vacation--Failure to terminate rental agreement prior to commencing eviction action--Defective three-day notice CO 1018c
Eviction--Deposit of rent into court registry--Failure to terminate rental agreement prior to commencing eviction action--Defective three-day notice CO 1018c
Eviction--Noncompliance with lease--Noncompliance other than non-payment of rent--Standing--Non-attorney property manager CO 999a; CO 999b
Eviction--Notice--Defects--Address where payment is to be made or keys delivered CO 1020a
Eviction--Notice--Defects--Advice that tenancy could be reinstated CO 1017a
Eviction--Notice--Defects--Advice to vacate premises by certain date while advising that tenancy could be reinstated if arrears are paid by later date CO 1017a
Eviction--Notice--Defects--Advice to vacate, quit and deliver premises CO 1017a
Eviction--Notice--Defects--Demand for money other than and/or in excess of rent owed CO 1020a
Eviction--Notice--Defects--Demand for money other than and/or in excess of rent owed--Late fees CO 1023a
Eviction--Notice--Defects--Demand for rent not yet in default CO 1020a
Eviction--Notice--Defects--Mailing period--Address for payment or delivery of keys in different city or county than leased premises CO 1017a
Eviction--Notice--Defects--Mailing period--Lease requiring payment of rent by mail CO 1028a
Eviction--Notice--Defects--Three-day notice giving less than three days CO 1018c; CO 1020a; CO 1028a
Eviction--Premature complaint--Complaint filed less than one month after signing agreement to accept rent from charitable organization and to allow tenant to remain in premises for thirty days CO 1020a
Eviction--Public housing--Noncompliance with community service requirement--Notice--Defects--Failure to advise tenant that housing authority will enter into written agreement to cure noncompliance CO 1004a
Eviction--Public housing--Noncompliance with community service requirement--Notice--Defects--Failure to state that tenant can provide written assurance that noncompliant resident no longer resides in unit CO 1004a
Eviction--Public housing--Noncompliance with community service requirement--Notice--Defects--Failure to state that tenant can request grievance hearing CO 1004a
Eviction--Standing--Non-attorney property manager CO 999a; CO 999b
Eviction--Unclean hands--Landlord taking advance rent, security deposit, and monthly rental payments without paying mortgage on rental property, resulting in foreclosure CO 1017a
Public housing--Eviction--Noncompliance with community service requirement--Notice--Defects--Failure to advise tenant that housing authority will enter into written agreement to cure noncompliance CO 1004a
Public housing--Eviction--Noncompliance with community service requirement--Notice--Defects--Failure to state that tenant can provide written assurance that noncompliant resident no longer resides in unit CO 1004a
Public housing--Eviction--Noncompliance with community service requirement--Notice--Defects--Failure to state that tenant can request grievance hearing CO 1004a
Security deposit--Retention by landlord--Claim on deposit while tenant remained in possession of premises CO 1023a
LICENSING
Driver's license--Suspension--Driving under influence--Accident/crash report--Absence 4CIR 955a
Driver's license--Suspension--Driving under influence--Hearing--Subpoenas--Refusal to issue--Jail intake officer--Refusal to issue subpoena duces tecum requiring intake officer to appear with jail video 4CIR 955a
Driver's license--Suspension--Driving under influence--Hearing--Witnesses--Failure of subpoenaed witness to appear--Accident investigator--Witness whose testimony regarding indicia of impairment would have been consistent with that of arresting officer 4CIR 955a
Driver's license--Suspension--Driving under influence--Hearing--Witnesses--Failure of subpoenaed witness to appear--Enforcement of subpoena not sought by licensee 4CIR 955a
Driver's license--Suspension--Driving with unlawful alcohol level--Evidence--Breath test--Substantial compliance with administrative rules 13CIR 968a
Driver's license--Suspension--Driving with unlawful alcohol level--Evidence--Breath test--Substantial compliance with administrative statute 13CIR 968a
Driver's license--Suspension--Driving with unlawful alcohol level--Evidence--Breath test affidavit--Predicate witness testimony--Necessity 13CIR 968a
Driver's license--Suspension--Driving with unlawful alcohol level--Evidence--Intoxilyzer inspection reports--Predicate witness testimony--Necessity 13CIR 968a
Driver's license--Suspension--Driving with unlawful alcohol level--Lawfulness of stop--Erratic driving pattern 13CIR 968a
Driver's license--Suspension--Driving with unlawful alcohol level--Lawfulness of stop--Speeding--Calibration of officer's speedometer in accordance with administrative rules--Relevance 13CIR 968a
Driver's license--Suspension--Hearing--Cross-examination--Limitation--Arresting officer--Differences between manner in which arresting officer and other officers judge impairment 4CIR 957a
Driver's license--Suspension--Hearing--Cross-examination--Limitation--Arresting officer--Investigation for conduct associated with performance of DUI duties 4CIR 957a
Driver's license--Suspension--Hearing--Subpoenas--Refusal to issue--Individuals whose names appear on documents not listed in statute 4CIR 953b
Driver's license--Suspension--Hearing--Subpoenas--Refusal to issue--Jail intake officer--Refusal to issue subpoena duces tecum requiring intake officer to appear with jail video 4CIR 955a
Driver's license--Suspension--Hearing--Subpoenas--Refusal to issue--Officer who notarized breath test affidavit and refusal affidavit 4CIR 953b
Driver's license--Suspension--Hearing--Subpoenas--Refusal to issue--Officer who was riding with arresting officer 4CIR 956a
Driver's license--Suspension--Hearing--Subpoenas--Refusal to issue--Witness whose testimony would have been cumulative of other evidence 4CIR 955a;
4CIR 956a
Driver's license--Suspension--Hearing--Witnesses--Failure of subpoenaed witness to appear--Accident investigator--Witness whose testimony regarding indicia of impairment would have been consistent with that of arresting officer 4CIR 955a
Driver's license--Suspension--Hearing--Witnesses--Failure of subpoenaed witness to appear--Enforcement of subpoena not sought by licensee 4CIR 955a
Driver's license--Suspension--Hearing officers--Departure from neutrality--Allowing witness to make independent statement following questioning by licensee's attorney and clarification by hearing officer 4CIR 957a
Driver's license--Suspension--Hearing officers--Departure from neutrality--Limitation of scope of cross-examination 4CIR 957a
Driver's license--Suspension--Refusal to submit to blood, breath or urine test--Evidence--Breath test--Implied consent warning--Defects--Statement that right to counsel had nothing to do with breath test 13CIR 970a
Driver's license--Suspension--Refusal to submit to blood, breath or urine test--Hearing--Cross-examination--Limitation--Arresting officer--Differences between manner in which arresting officer and other officers judge impairment 4CIR 957a
Driver's license--Suspension--Refusal to submit to blood, breath or urine test--Hearing--Cross-examination--Limitation--Arresting officer--Investigation for conduct associated with performance of DUI duties 4CIR 957a
Driver's license--Suspension--Refusal to submit to blood, breath or urine test--Hearing--Subpoenas--Refusal to issue--Individuals whose names appear on documents not listed in statute 4CIR 953b
Driver's license--Suspension--Refusal to submit to blood, breath or urine test--Hearing--Subpoenas--Refusal to issue--Officer who notarized breath test affidavit and refusal affidavit 4CIR 953b
Driver's license--Suspension--Refusal to submit to blood, breath or urine test--Hearing--Subpoenas--Refusal to issue--Officer who was riding with arresting officer 4CIR 956a
Driver's license--Suspension--Refusal to submit to blood, breath or urine test--Hearing--Subpoenas--Refusal to issue--Witness whose testimony would have been cumulative of other evidence 4CIR 955a; 4CIR 956a
Driver's license--Suspension--Refusal to submit to blood, breath or urine test--Hearing officers--Departure from neutrality--Allowing witness to make independent statement following questioning by licensee's attorney and clarification by hearing officer 4CIR 957a
Driver's license--Suspension--Refusal to submit to blood, breath or urine test--Hearing officers--Departure from neutrality--Limitation of scope of cross-examination 4CIR 957a
Driver's license--Suspension--Refusal to submit to blood, breath or urine test--Implied consent warning--Timing of warning--Discrepancies between times noted in arrest report and other documents 1CIR 953a
Driver's license--Suspension--Refusal to submit to blood, breath or urine test--Lawfulness of arrest--De facto arrest--Transport of unhandcuffed licensee away from dark street to well-lit parking lot to perform field sobriety exercises 13CIR 970a
Driver's license--Suspension--Refusal to submit to blood, breath or urine test--Lawfulness of arrest--Determination by hearing officer 8CIR 959a
Driver's license--Suspension--Refusal to submit to blood, breath or urine test--Lawfulness of arrest--Performance on HGN test--Officer not qualified as expert 4CIR 953b
Driver's license--Suspension--Refusal to submit to blood, breath or urine test--Lawfulness of arrest--Probable cause to believe licensee was driving under influence--Field sobriety exercises--Performance on some exercises indicating licensee may not have been impaired 4CIR
953b
Driver's license--Suspension--Refusal to submit to blood, breath or urine test--Lawfulness of arrest--Speeding, odor of alcohol, and visible signs of impairment 20CIR 982a
Driver's license--Suspension--Refusal to submit to blood, breath or urine test--Lawfulness of detention--Reasonable suspicion that licensee was driving under influence 13CIR 970a
Driver's license--Suspension--Refusal to submit to blood, breath or urine test--Lawfulness of detention--Speed, time of night, odor of alcohol, and performance on HGN test 4CIR 953b
Driver's license--Suspension--Refusal to submit to blood, breath or urine test--Lawfulness of stop--Failure to vacate lane nearest emergency vehicle displaying flashing lights 4CIR 955b
Driver's license--Suspension--Refusal to submit to blood, breath or urine test--Lawfulness of stop--Officer acting outside jurisdiction--University police officer--Mutual aid agreement 8CIR 959a
Driver's license--Suspension--Refusal to submit to blood, breath or urine test--Lawfulness of stop--Running red light--Vehicle passing stop bar as light turned red and proceeding into intersection before stopping 13CIR 970a
LIENS
Homestead property--Abandonment of homestead status--Voluntary move from property and subsequent leasing of property to third party 11CIR 990a
Judgment--Omission of lienor's address from body of judgment--Address appearing on portion of judgment indicating person to whom copies were sent CO 1015a
LIMITATION OF ACTIONS
Contracts--Student loans--Breach by student--Exception to limitations period--Federal law prohibiting student borrower from using statute of limitations as defense against collection--Applicability--Assignee of loan which is not among organizations listed in federal law 11CIR
962b
Criminal case--Commencement of prosecution--Issuance of capias--Fifteen-year delay between issuance of capias and trial 17CIR 979a
Criminal case--Commencement of prosecution--Mailing of notice to appear--Mailing to address without zip code 17CIR 979a
Criminal case--Driving with unlawful breath alcohol--Superseding information filed after expiration of statute of limitations--Change in original charge from driving with unlawful blood alcohol to driving with unlawful breath alcohol 11CIR 985a
PUBLIC EMPLOYEES
Civil service board judgment--Appeals--Certiorari--Timeliness--Tolling of period--Motion for rehearing 13CIR 966a
REAL PROPERTY
Easements--Implied--Platted right-of-way providing sole legal access to property 7CIR 994b
Homestead--Liens--Abandonment of homestead status--Voluntary move from property and subsequent leasing of property to third party 11CIR 990a
Leases--Attorney's fees--Prevailing party--Significant issues--Finding that tenants breached lease although landlords were awarded far less damages for deterioration of premises than they had sought 15CIR 972a
Liens--Homestead property--Abandonment of homestead status--Voluntary move from property and subsequent leasing of property to third party 11CIR 990a
Liens--Judgment--Omission of lienor's address from body of judgment--Address appearing on portion of judgment indicating person to whom copies were sent CO 1015a
SCHOOLS
Colleges and universities--Tuition--Refund--Difference between price paid for combined bachelor's and master's degree program and single-degree program to which student changed 13CIR 966b
TRAFFIC INFRACTIONS
Failure to register vehicle--Sentencing--Probation--Mandatory--Misdemeanor for which adjudication withheld--Requirement to impose probation in cases arising in county court CO 1024a; CO 1026a
Failure to register vehicle--Withhold of adjudication--Sentencing--Probation--Requirement in misdemeanor cases arising in county court CO 1024a; CO 1026a