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Connecticut Law Journal - May 29, 2018

   by Roy, Christopher

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3022

The Connecticut Law Journal, Volume LXXIX, No. 48, for May 29, 2018 is now available.

Contained in this issue is the following:

  • Table of Contents
  • Volume 328: Orders (Pages 937 - 939)
  • Volume 328: Cumulative Table of Cases Connecticut Reports
  • Volume 182: Connecticut Appellate Reports (Pages 200 - 312)
  • Volume 182: Memorandum Decisions (Pages 901 - 901)
  • Volume 182: Cumulative Table of Cases Connecticut Appellate Reports
  • Miscellaneous Notices
  • Notices of Connecticut State Agencies


Criminal Law Appellate Court Opinion

   by Booth, George

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3020

AC39463 - State v. Hearl (Cruelty to animals; "The defendant, Michael A. Hearl, appeals from the judgment of conviction, rendered following a jury trial, on nineteen counts of animal cruelty in violation of General Statutes § 53-247 (a). The defendant claims that (1) the evidence adduced at trial was insufficient to sustain his conviction, (2) the trial court did not provide the jury with a proper instruction on the required mental state to prove a violation of § 53-247 (a), (3) § 53-247 (a) is unconstitutionally vague as applied to his conduct, and (4) his conviction and sentencing on nineteen separate counts of animal cruelty violates the constitutional prohibitions against double jeopardy. We affirm the judgment of the trial court.")


Business Law Appellate Court Opinion

   by Roy, Christopher

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3019

AC39172 - Lynn v. Bosco ("This case is about the propriety of a judicial remedy binding a company that had been cited in as a party by the plaintiffs, Jack E. Lynn and Jeffrey Lynn, for notice purposes only and against whom no allegations had been pleaded. The defendant Aerospace Techniques, Inc. (company), appeals from the January 11, 2016 judgment of the trial court ordering the company to pay the owners of 141 shares of treasury stock issued to the defendants Clyde E. Warner, Robert J. Bosco, Sr. (Bosco), Anthony Parillo, Jr., and Richard B. Polivy in exchange for the return of the 141 shares to the company. The company claims that the trial court acted beyond the scope of its authority by entering an order that imposed a remedy on the company, although neither party made any allegations against or sought relief from the company in the operative complaint. We agree and, accordingly, reverse the judgment of the trial court.")


Foreclosure Law Appellate Court Opinion

   by Mazur, Catherine

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3017

AC40123 - Tedesco v. Agolli ("The defendants, Resmije Agolli and Fikri Development, LLC (Fikri), appeal from the judgment of foreclosure by sale rendered in favor of the substitute plaintiff, Scott Tedesco, trustee of the Heritage Builders of Waterbury, LLC, 401 (k) Profit Sharing Plan. On appeal, the defendants challenge the trial court's findings with respect to the dates of disassociation and removal of Gina Antonios as member and Joseph Antonios as manager of Fikri. The defendants also claim that the court improperly found that Agolli, as a member of Fikri, had the authority to bind Fikri to the mortgage at issue in the present case.")


Tort Law Appellate Court Opinion

   by Mazur, Catherine

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3016

AC38829 - Perez v. University of Connecticut (Negligence; "The issue in this appeal is whether the plaintiff Christian Perez has the right to a jury trial in a negligence action for monetary damages against the defendant, the state of Connecticut. The plaintiff was authorized to bring his action against the state by the General Assembly pursuant to General Statutes § 4-159 (b) (1) (B) (ii). Following a trial to the court, judgment was rendered in favor of the state. The plaintiff now appeals from the judgment, claiming that the court improperly granted the state's motion to strike his action from the jury list. We affirm the judgment of the court.")


Workers' Compensation Appellate Court Opinion

   by Townsend, Karen

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3018

AC39488- Clements v. Aramark Corp. ("The principal issue in this appeal is the compensability, under the Workers’ Compensation Act (act), General Statutes § 31-275 et seq., of an injury to an employee that occurred on an employer’s premises when the employee became lightheaded, fell, and hit her head while walking to her work station before the start of her shift... The plaintiff claims that the board erred in holding that, because the plaintiff’s fall was caused by her personal infirmity, rather than a workplace condition, her resultant head injury did not arise out of and in the course of her employment within the meaning of the act. We agree and, accordingly, reverse the decision of the board.")



Election Law Supreme Court Opinion

   by Booth, George

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3015

SC20007 - Cook-Littman v. Board of Selectmen (Writ of mandamus; "In this appeal, we consider how a town charter provision that controls the filling of vacancies on that town's board of selectmen relates to General Statutes § 9-222, which provides a statutory procedure for filling such vacancies, in light of the home rule principles that govern the relationship between municipalities and the state.The defendants town of Fairfield (town) and its Board of Selectmen (board) appeal from the judgment of the trial court granting an application by the plaintiffs, five individual electors of the town, for a writ of mandamus ordering a special election for a vacant seat on the board. On appeal, the defendants claim, inter alia, that article VI, § 6.3 (B), of the Fairfield Town Charter (charter), which does not provide for a special election when the board has acted to fill a vacancy within thirty days, is controlling over § 9-222, which contemplates the possibility of a petition for a special election to fill such a vacancy even after the board has acted, and that, therefore, the trial court improperly issued a writ of mandamus compelling a special election in the present case. We agree with the defendants and, accordingly, reverse the judgment of the trial court.")


New Titles: Middletown Law Library

   by Roy, Christopher

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3012

The Law Library at Middletown has received the following new titles:




Connecticut Law Journal - May 22, 2018

   by Roy, Christopher

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3011

The Connecticut Law Journal, Volume LXXIX, No. 47, for May 22, 2018 is now available.

Contained in this issue is the following:

  • Table of Contents
  • Volume 328: Orders (Pages 935 - 937)
  • Volume 328: Cumulative Table of Cases Connecticut Reports
  • Volume 182: Connecticut Appellate Reports (Pages 112 - 200)
  • Volume 182: Memorandum Decisions (Pages 901 - 901)
  • Volume 182: Cumulative Table of Cases Connecticut Appellate Reports
  • Miscellaneous Notices


Law Library Hours Update May 21st - May 28th

   by Dowd, Jeffrey

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3008

Tuesday, May 22nd

  • New London Law Library will close at 3:15 p.m.

Wednesday, May 23rd

  • Putnam Law Library will open at 11:00 a.m.

Thursday, May 24th

  • Danbury Law Library will open 9:30 a.m.

Friday, May 25th

  • Danbury Law Library will be closed for the day.
  • Torrington Law Library will be open until 1:00 p.m.
  • Waterbury Law Library will be closed for the day.

Monday, May 28th

  • All Connecticut Judicial Branch Law Libraries will be closed in observance of Memorial Day.


2018 Major Public Acts

   by Booth, George

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3009

The Office of Legislative Research (OLR) has made available its Major Public Acts report for the 2018 legislative session:

These summaries, composed by the Office of Legislative Research (OLR) with the assistance of the Office of Fiscal Analysis (OFA), briefly describe the most significant, far-reaching, and publicly debated acts adopted by the General Assembly in its 2018 regular session. Acts that the secretary of the state has assigned a public act (PA) or special act (SA) number are identified by that number; otherwise, we refer to the bill or resolution number.

Not all provisions of the acts are included. More detailed summaries can be found at the OLR website.


Contract Law Appellate Court Opinion

   by Roy, Christopher

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3007

AC40296 - Reyher v. Finkeldey ("The defendant, John A. Finkeldey, appeals from the judgment of the trial court rendered in favor of the plaintiff, Mark R. Reyher, a licensed real estate broker doing business as Reyher Real Estate, requiring payment of his commission. On appeal, the defendant claims that the court improperly concluded that the plaintiff procured a buyer who was ready, willing and able to purchase the defendant’s property under the terms of the listing agreement. We agree and, accordingly, reverse the judgment of the trial court.")


Habeas Appellate Court Opinion

   by Booth, George

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3006

AC39783- White v. Commissioner of Correction (“On appeal, the petitioner claims that the court improperly rejected his claims that (1) his right to due process was violated because his guilty plea was not made knowingly, intelligently and voluntarily and (2) his right to effective assistance of counsel was violated because his attorney failed to adequately research and investigate the issue of the petitioner’s mental state at the time of his guilty plea and to bring information about the petitioner’s compromised mental state to the attention of the criminal trial court. We disagree and, accordingly, affirm the judgment of the habeas court.”)


Administrative Appeal Appellate Court Opinion

   by Booth, George

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3005

AC40272 - Adams v. Commissioner of Motor Vehicles (Administrative appeal; appeal from decision by defendant Commissioner of Motor Vehicles suspending plaintiff's motor vehicle operator's license; "The plaintiff, Nicholas Adams, appeals from the judgment of the trial court rendered in favor of the defendant, the Commissioner of Motor Vehicles (commissioner), dismissing his appeal from the decision of the commissioner to suspend his motor vehicle operator's license, pursuant to General Statutes § 14-227b, for forty-five days and requiring an ignition interlock device in his motor vehicle for one year. On appeal, the plaintiff claims that the court erred in finding that (1) he was operating a motor vehicle; (2) he refused to submit to chemical testing; and (3) the police had probable cause to arrest him for operating under the influence in violation of General Statutes § 14-227a. We affirm the judgment of the trial court.")


Criminal Law Appellate Court Opinions

   by Booth, George

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3004

AC40553 - State v. Brown (Murder; criminal possession of firearm; "The defendant, Montrell Brown, appeals from the judgment of conviction, rendered following a jury trial, of murder in violation of General Statutes § 53a-54a (a) and criminal possession of a firearm in violation of General Statutes (Rev. to 2013) § 53a-217 (a) (1). The defendant claims that the trial court erred by providing inadequate jury instructions regarding eyewitness testimony and identification reliability, although his counsel did not make any request for such an instruction. Because the issue was not raised or preserved at trial, the defendant requests that this court reverse his convictions either pursuant to the plain error doctrine or by the exercise of our inherent supervisory powers over the administration of justice. We affirm the judgment of the trial court.")

AC40677 - State v. Holmes (Felony murder; home invasion; conspiracy to commit home invasion; criminal possession of pistol or revolver; "The self-represented defendant, Evan J. Holmes, appeals from the judgment of the trial court denying his motion to correct an illegal sentence. On appeal, the defendant claims, in essence, that the court erroneously denied his motion to correct by finding that his sentence for felony murder had been based on the predicate offense of burglary, which the court had vacated pursuant to State v. Polanco, 308 Conn. 242, 245, 61 A.3d 1084 (2013). We are not persuaded and, accordingly, affirm the judgment of the trial court.")

AC39745 - State v. Dijmarescu (Breach of peace in second degree; "The defendant, Gheorghe Dijmarescu, appeals from the judgment of conviction, rendered after a jury trial, of one count of breach of the peace in the second degree in violation of General Statutes § 53a-181 (a) (2). On appeal, the defendant claims that the trial court (1) violated his sixth amendment right to counsel by improperly granting his attorney's motion to withdraw, (2) improperly admitted evidence of his uncharged misconduct, and (3) violated his right against self-incrimination by not canvassing him before he elected to testify. We disagree and, accordingly, affirm the judgment of the trial court.")



Connecticut Law Journal - May 15, 2018

   by Roy, Christopher

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3003

The Connecticut Law Journal, Volume LXXIX, No. 46, for May 15, 2018 is now available.

Contained in this issue is the following:

  • Table of Contents
  • Volume 328: Connecticut Reports (Pages 709 - 757)
  • Volume 328: Orders (Pages 933 - 935)
  • Volume 328: Cumulative Table of Cases Connecticut Reports
  • Volume 181: Connecticut Appellate Reports (Pages 822 - 865)
  • Volume 181: Memorandum Decisions (Pages 903 - 905)
  • Volume 181: Cumulative Table of Cases Connecticut Appellate Reports
  • Volume 182: Connecticut Appellate Reports (Pages 1 - 112)
  • Volume 182: Cumulative Table of Cases Connecticut Appellate Reports
  • Miscellaneous Notices
  • Notices of Connecticut State Agencies