AC43941 - Orzech v. Giacco Oil Co (Survivorship benefits under General Statutes § 31-3061; “In awarding survivorship benefits to the plaintiff, the commissioner found that the decedent had died by suicide as a result of depression that he had developed stemming from compensable work injuries. On appeal, the defendants claim that the board improperly affirmed the commissioner’s award of survivorship benefits to the plaintiff because the commissioner erred in finding a causal link between the decedent’s compensable injuries and his death when (1) subordinate facts found by the commissioner were speculative or inconsistent with the evidence and (2) the record established that the decedent engaged in conduct prior to his death that constituted a superseding cause breaking the chain of causation between his compensable injuries and his death. We disagree and, accordingly, affirm the decision of the board.”)

• Posted in:
• Recent Opinions,
• Workers' Compensation Law

AC42342 - Menard v. State ("In these underinsured motorist matters, the plaintiffs, Scott Menard and Darren Connolly, jointly appeal, and the defendant, the state of Connecticut, cross appeals, from the judgments of the trial court rendered in favor of the plaintiffs following a bench trial.In addition, the state cross appeals from the judgment of the trial court rendered in favor of a third plaintiff, Robert Zdrojeski, after the bench trial. On appeal, the plaintiffs claim that the court improperly (1) declined to award them damages in relation to the post-traumatic stress disorder (PTSD) that they purportedly developed, and (2) reduced their damages by the sums of workers' compensation benefits that they had received.On cross appeal, the state claims that the court improperly declined to reduce the plaintiffs' damages by the sums that they had recovered pursuant to the Connecticut Dram Shop Act (dram shop act), General Statutes § 30-102.We dismiss, sua sponte, the plaintiffs' original joint appeal for lack of a final judgment.See part I of this opinion.As for the amended joint appeal and the cross appeal, we (1) reverse the judgments rendered in favor of the plaintiffs and (2) affirm the judgment rendered in favor of Zdrojeski.")

• Posted in:
• Insurance Law,
• Recent Opinions,
• Tort Law

AC43256 - S.B-R v J.D ("The defendant, J. D., appeals from the judgment of the trial court granting the application for an order of civil protection for the plaintiff, S. B-R. On appeal, the defendant claims that the court erred in finding that there were reasonable grounds to believe that he committed acts of stalking and would continue to stalk the plaintiff. We agree with the defendant that the court abused its discretion when it issued the order of civil protection because (1) it did not apply an objective standard in its determination of 'reasonable fear' on the first element of stalking, and (2) there was insufficient evidence on the second element to conclude that the defendant would continue to stalk or to commit acts designed to intimidate or retaliate against the plaintiff. Accordingly, we reverse the judgment of the trial court and remand this case with direction to vacate the order of civil protection.")

• AC43256 Dissent - S.B-R v J.D

• Posted in:
• Recent Opinions

Please note: Starting August 4th Bridgeport Law Library is closed until further notice.

• Posted in:
• Library Notices

The Office of Legislative Research has recently published the following reports:

Q&A on Unsolicited Calls and Texts - 2021-R-0164 - This report provides, in a Q&A format, information on Connecticut and federal regulation of unsolicited telemarketing calls and texts.

Consumer Disposal of Pharmaceuticals - 2021-R-0157 - This report (1) summarizes current law’s requirements for consumers disposing of unused pharmaceuticals and (2) provides examples of other states’ policies addressing pharmaceutical disposal challenges.

Unclaimed Bottle Deposits - 2021-R-0155 - This report answers the question "What happens to unclaimed bottle deposits under Connecticut’s beverage container redemption law (“bottle bill”)?"

State Agencies Serving People who are Deaf or Hard of Hearing - 2021-R-0153 - This report provides information on state agencies in other states that primarily serve deaf or hard of hearing people. It highlights those agencies that (1) act as a “gateway” to other state services or (2) have interpreters on staff who provide services in the community.

Availability of Deposited Funds - 2021-R-0148 - This report explains when deposited funds are available for withdrawal from a bank or credit union.

Connecticut Hate Crime Laws - 2021-R-0104 - This report summarizes Connecticut’s hate crime laws, including recent legislative changes.

• Posted in:
• FYI,
• Legal Research,
• Self-Help

SC20401 - State v. Coltherst (Capital felony; Murder; Juvenile sentencing; Whether the Appellate Court correctly concluded that the trial court had followed the statutory requirements set forth in General Statutes § 54-91g in resentencing the defendant to eighty years of incarceration. "In this certified appeal, the defendant, Jamaal Coltherst, appeals from the judgment of the Appellate Court affirming the judgment of the trial court, which resentenced him for crimes he committed in 1999, when he was seventeen years old. In his original brief to this court, the defendant claimed that the Appellate Court incorrectly concluded that the trial court followed the statutory requirements of General Statutes § 54-91g in resentencing him to eighty years of incarceration. He argued that the statute created a presumption against the imposition of an effective life sentence, which can be overcome only upon the court's finding that the defendant is incorrigible. Because we conclude, as we explain in this opinion, that § 54-91g does not apply to the defendant, we do not reach the issue of whether the Appellate Court correctly concluded that the trial court followed the statutory requirements of § 54-91g in resentencing the defendant to a term of eighty years of incarceration.

Following oral argument, this court ordered the parties to file supplemental briefs addressing two issues: First, "[d]oes [§] 54-91g apply in cases where, as here, the defendant was not charged as a child and transferred from the docket for juvenile matters to the regular criminal docket of the Superior Court pursuant to [General Statutes §] 46b-127 but, rather, [was] charged as an adult under the regular criminal docket of the Superior Court?" Second, "[i]s the defendant eligible for parole when he received two distinct total effective sentences of 85 years and 80 years, respectively, to run consecutively, and, if so, when is he eligible for parole on each case?" As to the second issue, we conclude, consistent with an affidavit submitted by Richard Sparaco, the executive director of the Connecticut Board of Pardons and Paroles (board), that the defendant will be eligible for parole after serving 30 years of the 165 year aggregate term of the two distinct total effective sentences that he is currently serving. As to the first issue, we conclude that § 54-91g does not apply to the defendant. Accordingly, we affirm the judgment of the Appellate Court.")

• Posted in:
• Criminal Law & Procedure,
• Recent Opinions

The 2021 edition of our research guide on Assumed or Fictitious Names in Connecticut has been posted to our research guides webpage.

• Posted in:
• FYI,
• Legal Research,
• Self-Help

The Connecticut Law Journal, Volume LXXXIII, No. 15, for October 12, 2021 is now available.

Contained in the issue is the following:

• Table of Contents
• Volume 338: Connecticut Reports (Pages 526 - 705)
• Volume 338: Orders (Pages 911 - 913)
• Volume 338: Cumulative Table of Cases Connecticut Reports
• Volume 208: Connecticut Appellate Reports (Pages 205 - 275)
• Volume 208: Cumulative Table of Cases Connecticut Appellate Reports
• Supreme Court Pending Cases
• Notices of Connecticut State Agencies

• Posted in:
• Connecticut Law Journal,
• Recent Opinions

Please note: Starting August 4th Bridgeport Law Library is closed until further notice.

Tuesday, October 12th

• Danbury Law Library is closed.
• New Britain Law Library is closed from 12:30 p.m. - 3:30 p.m.
• Putnam Law Library is closed.

Wednesday, October 13th

• New Britain Law Library closes at 1:00 p.m.

Thursday, October 14th

• Danbury Law Library opens at 12:30 p.m.

See our regularly scheduled hours.

• Posted in:
• Library Notices

AC43995 - Robinson v. Tindill (Erection of divisional fence; trespass; unpreserved claim of conversion; "This case arises from the erection of a fence by the defendants, William Tindill (Tindill) and Erika Tindill, between their property and the adjacent property owned by the plaintiffs, Ellis Robinson and Nicole Robinson. The defendants appeal from the judgment of the trial court rendered in favor of the plaintiffs after a hearing in damages and the court's prior order granting the plaintiffs' motion for summary judgment as to liability and finding both defendants liable for trespass and Tindill liable for conversion. On appeal, the defendants claim that the court erred (1) in finding them liable for trespass because the fence at issue was a statutorily compliant divisional fence pursuant to General Statutes § 47-43, (2) in finding Erika Tindill liable for trespass, even though she played no role in erecting the fence, and (3) in finding Tindill liable for conversion because the plaintiffs failed to plead, or present any evidence in support of, a claim for conversion. We affirm in part and reverse in part the judgment of the trial court.")

• Posted in:
• Property Law,
• Recent Opinions,
• Tort Law

AC43848 - Bologna v. Bologna ("In this postdissolution matter, the plaintiff, Stephanie Bologna, appeals from the judgment rendered by the trial court in response to her postjudgment motion for clarification as well as the court's denial of her motion for reargument and reconsideration of its ruling on her motion. The court concluded, in accordance with the terms of the parties' separation agreement that was incorporated into the judgment of dissolution, that the plaintiff was obligated to divide equally the proceeds of the sale of the marital home with the defendant, Richard Bologna. On appeal, the plaintiff claims that the court improperly modified the dissolution judgment when it denied her motion for clarification. We affirm the judgment of the trial court.")

• Posted in:
• Family Law,
• Recent Opinions

AC44194 - Danner v. Commission on Human Rights & Opportunities (Administrative appeal; "This appeal arises out of an action by the plaintiff, Stephanie Danner, in which a human rights referee (referee) from the Office of Public Hearings (office) of the defendant Commission on Human Rights and Opportunities (commission) rendered summary judgment in favor of the defendant Atos IT Solutions and Services, Inc. (Atos). Thereafter, the plaintiff and the commission appealed to the Superior Court, which consolidated the appeals. The court, following oral argument, sustained the appeal and remanded the matter to the office for trial. Atos appeals from the judgment of the Superior Court sustaining the appeal and remanding the matter to the office for trial. On appeal, Atos claims that the Superior Court erred in considering the plaintiff's affidavit of illegal discriminatory practice as evidence in opposition to Atos' motion for summary judgment and in relying on the averments contained in the affidavit to determine that genuine issues of material fact existed. Atos also claims that the Superior Court erred in failing to afford deference to the referee's decision. We affirm the judgment of the Superior Court.")

• Posted in:
• Administrative Appeal Law,
• Recent Opinions

AC42994 - Johnson v. Commissioner of Correction (Interpretation of rule PB 23-24; retroactive application of 2013 amendment; earned credit for parole eligibility and whether it violated ex post facto clause of US constitution; “On appeal, the petitioner claims that the court abused its discretion in denying his petition for certification to appeal and declining to issue a writ of habeas corpus. The respondent, the Commissioner of Correction, concedes that the court abused its discretion in denying his petition for certification and declining to issue the writ for the reason stated by the court, but nonetheless argues that we should affirm the judgment because the court lacked jurisdiction over the petition. We agree with the respondent and, accordingly, affirm the judgment of the habeas court.”)

• Posted in:
• Habeas Corpus Law,
• Recent Opinions

Please note: Starting August 4th Bridgeport Law Library is closed until further notice.

Thursday, October 7th

• Putnam Law Library closes at 3:30 p.m.
• Stamford Law Library will be open from 9:30 a.m. - 4:15 p.m.

Friday, October 8th

• Hartford Law Library is closed
• New Haven Law Library closes at noon.
• Putnam Law Library is closed.
• Stamford Law Library will be open from 9:30 a.m. - 4:00 p.m.

Monday, October 11th

• All Connecticut Judicial Branch Law Libraries are closed for the holiday.

See our regularly scheduled hours.

• Posted in:
• Library Notices

Our law libraries have received the 2021 edition of The Encyclopedia of Connecticut Causes of Action. This reference book lists civil causes of action, including the elements of each action and the statute of limitation when applicable. The notes section for each entry includes relevant case law. This one-volume title is divided into three sections: common law actions, statutory actions, and administrative appeals.

• Posted in:
• FYI,
• Legal Research,
• New in the Libraries

The Connecticut Law Journal, Volume LXXXIII, No. 14, for October 5, 2021 is now available.

Contained in the issue is the following:

• Table of Contents
• Volume 338: Connecticut Reports (Pages 407 - 526)
• Volume 338: Orders (Pages 906 - 911)
• Volume 338: Cumulative Table of Cases Connecticut Reports
• Volume 208: Connecticut Appellate Reports (Pages 75 - 204)
• Volume 208: Memorandum Decisions (Pages 901 - 903)
• Volume 208: Cumulative Table of Cases Connecticut Appellate Reports
• Miscellaneous Notices

• Posted in:
• Connecticut Law Journal,
• Recent Opinions

SC20450 - State v. Bradley (Standing; whether Appellate Court properly held Caucasian defendant convicted under General Statutes § 21a-277 (b) did not have standing to bring due process challenge based on claim that statute was enacted to discriminate against minority groups; If not, whether § 21a-277 (b) was enacted to discriminate against African Americans and/or Mexican Americans; "Today we are called on to decide whether a defendant has standing to assert a violation of his right to due process based on his conviction under a statute that he claims is unconstitutional. The twist in that otherwise straightforward question is that the defendant, who is Caucasian, claims that Connecticut's statute criminalizing the sale of marijuana violates the equal protection clause of the United States constitution because it was enacted to discriminate against African Americans and Mexican Americans.

The defendant, William Hyde Bradley, appeals from the judgment of the Appellate Court affirming the trial court's judgments following his conditional pleas of nolo contendere to charges of sale of a controlled substance and violation of probation. The defendant's principal claim on appeal is that the Appellate Court incorrectly concluded that he lacked standing to argue that his conviction for sale of a controlled substance in violation of General Statutes (Rev. to 2017) § 21a-277 (b) violated his due process rights because he was convicted under an unconstitutional statute. Specifically, he contends that the Appellate Court erroneously held that a defendant cannot bring a constitutional challenge, in his individual capacity, based on an alleged violation of others' equal protection rights. Because the defendant cannot meet the requirements to establish classical aggrievement, we affirm the judgment of the Appellate Court. Accordingly, we do not reach the merits of the defendant's equal protection claim in this appeal.")

• SC20450 Dissent - State v. Bradley

• Posted in:
• Criminal Law & Procedure,
• Recent Opinions

A number of our law libraries have received the 2021 edition of Surviving Debt, a new title from the National Consumer Law Center. The table of contents include:

• Chapter 1 Six Essential Rules for Surviving Debt
• Chapter 2 Responding to Debt Collectors
• Chapter 3 What You Need to Know About Your Credit Report
• Chapter 4 Collection Lawsuits
• Chapter 5 Taking Out New Loans to Pay for Old Debts
• Chapter 6 Reverse Mortgages
• Chapter 7 Choices to Avoid at All Costs
• Chapter 8 Reducing Your Expenses
• Chapter 9 Options for Increasing Your Income
• Chapter 10 Keeping Track of Income, Expenses, and Debt
• Chapter 11 Medical Debt
• Chapter 12 Credit Card Debt
• Chapter 13 Student Loans
• Chapter 14 Car Loans and Repossessions
• Chapter 15 Utility Terminations
• Chapter 16 What Every Homeowner Should Know About Mortgage Payments
• Chapter 17 When You Are Having Trouble Making Mortgage Payments
• Chapter 18 Defending Your Home from Foreclosure
• Chapter 19 Property Taxes and Tax Sales
• Chapter 20 Evictions and Getting Out of a Lease
• Chapter 21 Civil Court Judgment Debt
• Chapter 22 Debts Related to Criminal and Government Fines and Fees
• Chapter 23 Federal Income Tax Debt
• Chapter 24 Deciding Whether and When to File Bankruptcy
• Chapter 25 How the Bankruptcy Process Works

Here is a list of the libraries that own this title. For other National Consumer Law Center titles, please see the Judicial Branch Law Library catalog.

• Posted in:
• FYI,
• New in the Libraries,
• Self-Help

SC20587 - South Windsor v. Lanata ("The sole issue in this certified appeal is whether the Appellate Court properly remanded this case to the trial court for a new trial, rather than a proceeding limited to damages, after reversing in part the judgment of the trial court, which assessed a fine and imposed injunctive relief for certain zoning violations pursuant to General Statutes § 8-12. The plaintiffs, the town of South Windsor (town) and its zoning enforcement officer, Pamela Oliva, appeal, upon our grant of their petition for certification, from the judgment of the Appellate Court reversing in part the judgment of the trial court in their favor and remanding the case for a new trial on count two of their complaint. South Windsor v. Lanata, 203 Conn. App. 89, 92, 115, 247 A.3d 626 (2021). On appeal, the plaintiffs claim that, after concluding that the trial court had improperly assessed a fine on the named defendant, Kristin Lanata, pursuant to § 8-12 for zoning violations for a period of time that she was under lawful orders not to disturb her property because of an ongoing fire investigation, the Appellate Court improperly remanded the case for a new trial on that count, rather than a proceeding limited to damages. Because there is no remaining dispute as to the defendant's liability for the zoning violations, we reverse the judgment of the Appellate Court in part.

. . .

The judgment of the Appellate Court is reversed in part and the case is remanded to that court with direction to reverse the judgment of the trial court as to count two of the complaint only as to its determination of fines and remedies, and to remand the case to the trial court for further proceedings as to damages and remedies.")

• Posted in:
• Land Use Law,
• Property Law,
• Recent Opinions

SC20471 - State v. A.B. ("In State v. Crawford, 202 Conn. 443, 521 A.2d 1034 (1987), this court held that the issuance of an arrest warrant within the limitation period set forth in General Statutes (Rev. to 1983) § 54-193 (b) commences a prosecution for purposes of satisfying that statute of limitations, so long as the warrant is executed without unreasonable delay. Id., 450–51. The defendant, A. B., was charged with possession of child pornography in the first degree in violation of General Statutes (Rev. to 2009) § 53a-196d and was arrested pursuant to a warrant on or about March 16, 2018, nearly five years after the warrant was issued and more than three years after the applicable five year statute of limitations had expired. See General Statutes (Rev. to 2009) § 54-193 (b). The defendant filed a motion to dismiss the information, arguing that, under Crawford, the delay in the warrant's execution was unreasonable and, therefore, that the prosecution was time barred. The state responded that, because the defendant had moved to California in 2011, § 54-193 (c) tolled the limitation period within which the warrant could be executed. The trial court rejected the state's argument, concluding that the tolling provision of § 54-193 (c) was inapplicable once the warrant was issued within the limitation period set forth in § 54-193 (b) and that the nearly five year delay in the warrant's execution was unreasonable under Crawford. Accordingly, the trial court granted the defendant's motion to dismiss. On appeal, the state claims that the trial court incorrectly concluded that the statute of limitations was not tolled by § 54-193 (c). We disagree and, accordingly, affirm the decision of the trial court.")

• Posted in:
• Criminal Law & Procedure,
• Recent Opinions