Connecticut Supreme Court Decisions 2012

State v. Lavigne  
Date: December 25, 2012
Docket Number: SC18675

Justia Opinion Summary: After a jury trial, Defendant was convicted of larceny in the second degree by embezzlement from a person who is sixty years of age or older. The court of appeals affirmed. Defendant appealed, contending that the trial c...

Walpole Woodworkers, Inc. v. Manning  
Date: December 18, 2012
Docket Number: SC18778

Justia Opinion Summary: The parties in this case entered into a written contract under which Plaintiff, a contractor, agreed to install a fence around real property owned by Defendant. Defendant paid a deposit of half of the amount due upon exe...

State v. Jevarjian  
Date: December 4, 2012
Docket Number: SC18728

Justia Opinion Summary: Defendant entered a conditional plea of nolo contendere to the charge of possession of marijuana with intent to sell by a person who is not drug-dependent. Defendant's plea was conditioned on his right to appeal the tria...

State v. Thompson  
Date: December 4, 2012
Docket Number: SC18740

Justia Opinion Summary: Defendant entered a conditional plea of nolo contendere to the charge of possession of marijuana with intent to sell by a person who is not drug-dependent. Defendant entered the plea after the trial court denied his moti...

State v. Custodio  
Date: November 27, 2012
Docket Number: SC18767

Justia Opinion Summary: Defendant appealed from the judgment of the appellate court affirming the findings and order of the trial court, which committed Defendant to the custody of the commissioner of mental health and addiction services and re...

State v. Cameron M.  
Date: November 20, 2012
Docket Number: SC18829

Justia Opinion Summary: Defendant appealed from the judgment of the trial court, rendered after a jury trial, convicting him of one count of risk of injury to a child in violation of Conn. Gen. Stat. 53-21(a)(1) and one count of risk of injury...

State v. Henderson  
Date: November 20, 2012
Docket Number: SC18930

Justia Opinion Summary: Defendant appealed from the judgment of the trial court denying his motion to correct an illegal sentence on the ground that the sentence was imposed without the assistance of counsel in violation of his rights under the...

Republican Party of Conn. v. Merrill  
Date: November 20, 2012
Docket Number: SC19010

Justia Opinion Summary: Plaintiff, the Republican Party of Connecticut, brought a declaratory judgment action in which it sought a determination that, because its candidate for the office of governor in the 2010 election received the highest nu...

State v. Lombardo Bros. Mason Contractors, Inc.  
Date: November 13, 2012
Docket Number: SC18462

Justia Opinion Summary: The plaintiff, the state, commenced this action against the named defendant, Lambardo Brothers Mason Contractors, and twenty-seven other defendants, to recover damages for the allegedly defective design and construction...

Sic v. Nunan  
Date: November 6, 2012
Docket Number: SC18816

Justia Opinion Summary: The sole issue in this certified appeal was whether a motorist, who was lawfully stopped in his own lane of travel while awaiting an opportunity to make a left turn, owes a legal duty to oncoming motorists to keep the wh...

Ugrin v. Cheshire (Concurrence)
Date: October 30, 2012
Docket Numbers: SC18643, SC18644
Ugrin v. Cheshire  
Date: October 30, 2012
Docket Number: SC18643

Justia Opinion Summary: In two separate cases, Plaintiffs, property owners, filed virtually identical complaints against the Town of Cheshire after a massive sinkhole developed on their properties. The complaints alleged the town failed to disc...

Ebron v. Comm'r of Corr.  
Date: October 23, 2012
Docket Number: SC18627

Justia Opinion Summary: Petitioner pleaded guilty to a variety of criminal charges on the advice of counsel. After he was sentenced, Petitioner filed a petition for a writ of habeas corpus, claiming that trial counsel had failed to advise him a...

State v. Brescia
Date: October 23, 2012
Docket Number: SC18739
State v. Fourtin (Dissent)
Date: October 9, 2012
Docket Number: SC18523
State v. Fourtin  
Date: October 9, 2012
Docket Number: SC18523

Justia Opinion Summary: After a jury trial, Defendant was convicted of attempt to commit sexual assault in the second degree and sexual assault in the fourth degree, both of which require proof beyond a reasonable doubt that the victim, at the...

Comm'r of Corr. v. Freedom of Info. Comm'n  
Date: October 9, 2012
Docket Number: SC18622

Justia Opinion Summary: These appeals arose from the ruling of the named defendant, the freedom of information commission (commission), that defendant Rashad El Badrawi was entitled, under the Freedom of Information Act (act), to the disclosure...

State v. Bernacki (Dissent)
Date: October 9, 2012
Docket Number: SC18674
State v. Bernacki  
Date: October 9, 2012
Docket Number: SC18674

Justia Opinion Summary: The sole issue in this certified appeal was whether Defendant's conviction of, and punishment for, both criminal possession of a firearm in violation of Conn. Gen. Stat. 53a-217(a)(3)(A) and criminal violation of a prote...

Michael T. v. Commissioner of Correction (Dissent)
Date: October 9, 2012
Docket Number: SC18676
Michael T. v. Comm'r of Corr.  
Date: October 9, 2012
Docket Number: SC18676

Justia Opinion Summary: Petitioner was convicted of sexual assault in the first degree and risk of injury to a child. Petitioner later filed an amended three count petition for a writ of habeas corpus, alleging ineffective assistance of trial c...

State v. LaFleur (Dissent)
Date: October 9, 2012
Docket Number: SC18757
State v. LaFleur  
Date: October 9, 2012
Docket Number: SC18757

Justia Opinion Summary: A jury found Defendant guilty on various charges in two informations, both involving the physical assault of a female victim, which had been joined for trial pursuant to the state's motion. The first case regarded the vi...

O'Dell v. Kozee (Dissent)
Date: October 9, 2012
Docket Number: SC18851
O'Dell v. Kozee  
Date: October 9, 2012
Docket Number: SC18851

Justia Opinion Summary: The principal issue in this certified appeal was whether Connecticut's Dram Shop Act requires a plaintiff to prove that a patron was visibly or otherwise perceivably intoxicated when sold alcoholic liquor in order to pre...

State v. Dyous (Concurrence)
Date: October 9, 2012
Docket Number: SC18871
State v. Dyous  
Date: October 9, 2012
Docket Number: SC18871

Justia Opinion Summary: Defendant was under the jurisdiction of the psychiatric security review board from 1985 for a period not to exceed twenty-five years, following his acquittal of several criminal counts. In 2009, approximately one year be...

State v. Taft  
Date: October 2, 2012
Docket Number: SC18163

Justia Opinion Summary: After a jury trial, Defendant was convicted of murder and conspiracy to commit murder. The Supreme Court affirmed, holding (1) there was sufficient evidence to sustain Defendant's conviction of conspiracy to commit murde...

State v. Favoccia (Dissent)
Date: October 2, 2012
Docket Number: SC18559
State v. Favoccia (Dissent)
Date: October 2, 2012
Docket Number: SC18559
State v. Favoccia  
Date: October 2, 2012
Docket Number: SC18559

Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of risk of injury to a child. The appellate court reversed the conviction and remanded the case for a new trial. The State appealed, claiming that the appellate c...

Berzins v. Berzins  
Date: October 2, 2012
Docket Number: SC18708

Justia Opinion Summary: Daniel King, the substitute defendant and administrator of the estate of David Berzins (administrator), appealed from the judgment of the appellate court affirming the trial court's award of attorney's fees to the plaint...

Gaines v. Commissioner of Correction (Dissent)
Date: October 2, 2012
Docket Number: SC18760
Gaines v. Comm'r of Corr.  
Date: October 2, 2012
Docket Number: SC18760

Justia Opinion Summary: After a jury trial, Petitioner was convicted of capital felony, two counts of murder, and conspiracy to commit murder, and he was sentenced to an effective term of life imprisonment without the possibility of release. Th...

State v. Ward  
Date: October 2, 2012
Docket Number: SC18897

Justia Opinion Summary: A jury found Defendant guilty of sexual assault in the first degree and kidnapping in the first degree. The trial court granted Defendant's motion for judgment of acquittal on the kidnapping charge on the ground that the...

State v. Ward  
Date: October 2, 2012
Docket Number: SC18898

Justia Opinion Summary: After a jury trial, Defendant was convicted of, inter alia, sexual assault in the first degree. Defendant appealed, claiming that the trial court improperly denied his motion to dismiss because the statute of limitations...

State v. Devalda  
Date: September 25, 2012
Docket Number: SC18278

Justia Opinion Summary: After a jury trial, Defendant was convicted of sexual assault in the first degree and kidnapping in the first degree in violation of Conn. Gen. Stat. 53a-92(a)(2)(A). After a trial to the court, Defendant was convicted o...

Jarmie v. Troncale (Dissent)
Date: September 25, 2012
Docket Number: SC18358
Jarmie v. Troncale  
Date: September 25, 2012
Docket Number: SC18358

Justia Opinion Summary: Physician diagnosed and treated Patient for various liver and kidney ailments but failed to warn her of the latent driving impairment associated with her condition. After leaving Physician's office, Patient blacked out w...

Grenier v. Commissioner of Transportation (Dissent)
Date: September 25, 2012
Docket Number: SC18640
Grenier v. Comm'r of Transp.  
Date: September 25, 2012
Docket Number: SC18640

Justia Opinion Summary: At issue in this appeal was whether a national fraternity and one of its local Connecticut chapters may be held liable in common-law negligence for the death of one of its members, which occurred while driving back to Ne...

Haynes v. City of Middletown  
Date: September 25, 2012
Docket Number: SC18665

Justia Opinion Summary: The named plaintiff, on her own behalf and on behalf of her minor son, brought this action against defendant city (Defendant), claiming that her son incurred injuries when a fellow student pushed him into a broken locker...

Velez v. Comm'r of Labor  
Date: September 25, 2012
Docket Number: SC18683

Justia Opinion Summary: Plaintiff filed a complaint with the department of labor against her employer (Employer), alleging a violation of the Connecticut family and medical leave statute, which applies only to employers that employer seventy-fi...

Giacalone v. Housing Authority (Concurrence)
Date: September 18, 2012
Docket Number: SC18669
Giacalone v. Town of Wallingford Housing Auth.  
Date: September 18, 2012
Docket Number: SC18669

Justia Opinion Summary: At issue in this certified appeal was whether a landlord may be held liable, under a common-law theory of premises liability, for injuries sustained by a tenant after being bitten by a dog owned by a fellow tenant and ke...

State v. Taylor  
Date: September 18, 2012
Docket Number: SC18762

Justia Opinion Summary: A jury found Defendant guilty of reckless driving. The trial court rendered judgment in accordance with the jury verdict. The appellate court reversed the judgment of the trial court with respect to the reckless driving...

In re Jason R. (Dissent)
Date: September 18, 2012
Docket Number: SC18847
In re Jason R.  
Date: September 18, 2012
Docket Number: SC18847

Justia Opinion Summary: This certified appeal arose from the termination of the parental rights of the respondent Mother to her two minor children. The appellate court affirmed the judgments of the trial court rendered in favor of Petitioner, t...

Garcia v. Bridgeport  
Date: September 11, 2012
Docket Number: SC18460

Justia Opinion Summary: This case arose out of a motor vehicle accident caused by an underinsured motorist in which Plaintiff, an employee of defendant City (Defendant), sustained injuries while operating a private passenger motor vehicle owned...

State v. Makee R.  
Date: September 11, 2012
Docket Number: SC18494

Justia Opinion Summary: Defendant was convicted, after a jury trial, of sexual assault in the first degree and risk of injury to a child. The appellate court affirmed the judgment of conviction. Defendant appealed, claiming that he was denied a...

Murphy v. EAPWJP, LLC  
Date: September 11, 2012
Docket Number: SC18696

Justia Opinion Summary: The named defendant, EAPWJP, LLC (EAP) appealed from the judgment of the appellate court affirming the judgment of the trial court granting the plaintiffs and the defendants-cross claimants a prescriptive easement over a...

State v. Guilbert (Concurrence)
Date: September 4, 2012
Docket Number: SC17948
State v. Guilbert  
Date: September 4, 2012
Docket Number: SC17948

Justia Opinion Summary: A jury found Defendant guilty of capital felony, two counts of murder, and assault in the first degree. The Supreme Court affirmed the judgments of the trial court, holding (1) State v. Kemp and State v. McClendon, which...

Khan v. Hillyer  
Date: September 4, 2012
Docket Number: SC18450

Justia Opinion Summary: The trial court found Mother in contempt for refusing to allow Father to visit their son in accordance with a previously established visitation schedule. The trial court's contempt order required Mother to place the chil...

Harris v. Bradley Mem'l Hosp. & Health Ctr., Inc.  
Date: September 4, 2012
Docket Number: SC18944

Justia Opinion Summary: This case, which involved the summary suspension of the medical privileges of Plaintiff by Defendant, Bradley Memorial Hospital and Health Center, Inc., came to the Supreme Court for the second time. In Plaintiff's appea...

State v. Drupals  
Date: August 28, 2012
Docket Number: SC18697

Justia Opinion Summary: Defendant was convicted of two counts of failing to comply with the sex offender registry requirements of Conn. Gen. Stat. 54-251 stemming from his failure to notify the sex offender registry unit of his change of reside...

Piquet v. Chester (Dissent)
Date: August 28, 2012
Docket Number: SC18723
Piquet v. Chester  
Date: August 28, 2012
Docket Number: SC18723

Justia Opinion Summary: Plaintiff interred her husband's remains in the backyard of her property. The town's zoning compliance officer issued a cease and desist order for violation of the town's zoning regulation. Plaintiff appealed to the town...

DiPietro v. Farmington Sports Arena, LLC  
Date: August 28, 2012
Docket Number: SC18726

Justia Opinion Summary: Plaintiff brought these premises liability actions on behalf of her minor daughter, alleging that her daughter had injured her ankle while playing soccer at Defendants' indoor soccer facility because Defendants negligent...

State v. Ramos (Concurrence)
Date: August 28, 2012
Docket Number: SC18903
State v. Ramos  
Date: August 28, 2012
Docket Number: SC18903

Justia Opinion Summary: Under Conn. Gen. Stat. 54-lj(c), when a noncitizen defendant has not been properly advised about the deportation consequences of his guilty plea, the court is mandated to permit withdrawal of the guilty plea of the defen...

Downs v. Trias (Concurrence)
Date: August 21, 2012
Docket Number: SC18755
Downs v. Trias  
Date: August 21, 2012
Docket Number: SC18755

Justia Opinion Summary: Plaintiff filed suit against Defendant, an obstetrician and gynecologist, contending that Defendant's failure to advise her that she should have her ovaries removed due to a family history of cancer resulted in her devel...

Bateson v. Weddle  
Date: August 14, 2012
Docket Number: SC18720

Justia Opinion Summary: Defendant Gary Weddle and the intervening Defendant, the conservation commission of the town of Fairfield, appealed from the trial court's decision granting the writ of quo warranto filed by Plaintiffs, certain concerned...

State v. Helmedach  
Date: August 14, 2012
Docket Number: SC18744

Justia Opinion Summary: After a jury trial Defendant was convicted of felony murder, conspiracy to commit robbery in the third degree, and robbery in the first degree. The appellate court affirmed. At issue in this certified appeal was whether...

In re Bachand  
Date: August 14, 2012
Docket Number: SC18827

Justia Opinion Summary: Plaintiff appealed from the judgment of the trial court affirming the decision of the probate court requiring her to provide an accounting of her actions as attorney-in-fact for her mother. The Supreme Court affirmed, ho...

In re Kaleb H.  
Date: August 14, 2012
Docket Number: SC18902

Justia Opinion Summary: This case addressed whether, during proceedings to commit a minor child who has been adjudicated neglected to the custody of the commissioner of children and families (commissioner), a respondent parent is entitled to a...

Hardy v. Superior Court (Dissent)
Date: August 7, 2012
Docket Number: SC18527
Hardy v. Superior Court  
Date: August 7, 2012
Docket Number: SC18527

Justia Opinion Summary: Plaintiff was summarily convicted of criminal contempt of court and sentenced to 120 days incarceration. Plaintiff petitioned for a writ of error, claiming that, because the trial court did not inform him of the charge a...

State v. Thompson  
Date: August 7, 2012
Docket Number: SC18670

Justia Opinion Summary: Defendant was convicted of two counts of larceny in the first degree by false pretenses. The parties agreed that the appellate court properly concluded that the trial court improperly failed to instruct the jury that it...

Woodbury Knoll, LLC v. Shipman & Goodwin, LLP (Dissent)
Date: July 31, 2012
Docket Number: SC18584
Woodbury Knoll, LLC v. Shipman & Goodwin, LLP  
Date: July 31, 2012
Docket Number: SC18584

Justia Opinion Summary: The primary issue in this case was whether a nonparty attorney may bring a writ of error from a trial court's order requiring the attorney to comply with a clear and definite discovery request. The plaintiff in error, Fi...

In re Emoni W. (Dissent)
Date: July 31, 2012
Docket Number: SC18841
In re Emoni W.  
Date: July 31, 2012
Docket Number: SC18841

Justia Opinion Summary: The primary issue in this case was whether the Interstate Compact on the Placement of Children, Conn. Gen. Stat. 17a-175, applies to the placement of children with an out-of-state noncustodial parent. Respondent father a...

Shanahan v. Dep't of Envtl. Prot.  
Date: July 24, 2012
Docket Number: SC18575

Justia Opinion Summary: This appeal raised several issues regarding the scope of the jurisdiction of the department of environmental protection to regulate activity "in the tidal, coastal or navigable waters of the state waterward of the high t...

Nelson v. Dettmer  
Date: July 24, 2012
Docket Number: SC18700

Justia Opinion Summary: The named plaintiff (Plaintiff) in this case, through her parents and next friends, filed a medical malpractice action against, inter alia, state-run health facilities (State). The claims commissioner granted Plaintiff p...

State v. Rose (Dissent)
Date: July 10, 2012
Docket Number: SC18323
State v. Rose  
Date: July 10, 2012
Docket Number: SC18323

Justia Opinion Summary: Defendant was convicted of assault of public safety personnel. The appellate court reversed the conviction on the ground that the trial court had compelled Defendant to wear identifiable prison clothing at his jury trial...

In re Joseph W.  
Date: July 10, 2012
Docket Number: SC18951

Justia Opinion Summary: Respondents Mother and Father were the parents of two children. After finding that the children were neglected, the trial court rendered judgments terminating Respondents' parental rights with respect to both children. T...

State v. Ricardo R.  
Date: July 3, 2012
Docket Number: SC18576

Justia Opinion Summary: Defendant was convicted following a jury trial of one count of risk of injury to a child and two counts of sexual assault in the first degree. Defendant appealed, claiming that the trial court denied his constitutional r...

State v. Miguel C.  
Date: July 3, 2012
Docket Number: SC18690

Justia Opinion Summary: Defendant Miguel C. was convicted, after a jury trial, of three counts of sexual assault in the first degree and three counts of risk of injury to a child. Defendant appealed, claiming that he was entitled to a new trial...

Fairchild Heights, Inc. v. Dickal (Dissent)
Date: June 26, 2012
Docket Number: SC18560
Fairchild Heights, Inc. v. Dickal  
Date: June 26, 2012
Docket Number: SC18560

Justia Opinion Summary: At issue in this appeal was Conn. Gen. Stat. 21-80a, which protects residents of mobile manufactured home parks by limiting the availability of summary process actions. Under the statute, if a resident proves that he or...

Tomlinson v. Tomlinson  
Date: June 26, 2012
Docket Number: SC18586

Justia Opinion Summary: The principal issue in this appeal was whether a trial court could modify unallocated alimony and child support payments following a change in the primary physical custody of the minor children from the party receiving t...

Keller v. Beckenstein  
Date: June 26, 2012
Docket Number: SC18689

Justia Opinion Summary: Plaintiffs, Jonathan Keller and a group of business entities, filed a vexatious litigation claim against Defendant, executrix of the estate of Robert Beckenstein. The trial court concluded it lacked jurisdiction over Pla...

State v. Thompson  
Date: June 19, 2012
Docket Number: SC18553

Justia Opinion Summary: Defendant Anthony Thompson was convicted of one count of murder and two counts of assault in the first degree. The Supreme Court affirmed, holding (1) the trial court applied the proper standard in admitting into evidenc...

Wykeham Rise, LLC v. Federer (Concurrence)
Date: June 19, 2012
Docket Number: SC18653
Wykeham Rise, LLC v. Federer  
Date: June 19, 2012
Docket Number: SC18653

Justia Opinion Summary: The parcel of land that was the subject of this appeal was once owned by a school. An adjacent property, now owned by Defendants, Eric and Wendy Federer, was previously owned by Wendy's father. In 1990, the school sold i...

Narayan v. Narayan  
Date: June 19, 2012
Docket Number: SC18673

Justia Opinion Summary: Plaintiff commenced a dissolution of marriage action from Defendant. Defendant, however, was never served process. The commissioner of social services, meanwhile, filed a support petition against Defendant that was assig...

State v. Santiago (Concurrence)
Date: June 12, 2012
Docket Number: SC17413
State v. Santiago  
Date: June 12, 2012
Docket Number: SC17413

Justia Opinion Summary: In this case a jury found that Marc Pascual hired Defendant Eduardo Santiago to murder the victim and that Defendant acted in concert with Matthew Tyrell to break into the victim's home and fatally shoot him. The jury th...

Sapko v. State  
Date: June 12, 2012
Docket Number: SC18680

Justia Opinion Summary: Plaintiff Christine Sapko sought survivor's benefits following the death of her husband, an employee of the state of Connecticut. The workers' compensation commissioner denied Plaintiff's claim, determining that the dece...

State v. Golodner  
Date: June 12, 2012
Docket Number: SC18826

Justia Opinion Summary: Following a jury trial, Defendant Daniel Golodner was convicted of two counts of interfering with an officer and two counts of reckless endangerment in the second degree in connection with a dispute over a neighbor's att...

State v. Otto  
Date: June 5, 2012
Docket Number: SC18353

Justia Opinion Summary: Following a jury trial, Defendant Kenneth John Otto, Sr. was convicted of murder and tampering with evidence. Defendant appealed. The Supreme Court affirmed the judgment of the trial court, holding (1) there was sufficie...

State v. Pascual  
Date: June 5, 2012
Docket Number: SC18589

Justia Opinion Summary: After a jury trial, Defendant Francisco Pascual was convicted of several charges relating to his alleged attempt to sexually assault a twelve-year-old girl from El Salvador after the victim illegally crossed the border f...

State v. Jordan (Concurrence)
Date: May 29, 2012
Docket Number: SC18542
State v. Jordan (Dissent)
Date: May 29, 2012
Docket Number: SC18542
State v. Jordan  
Date: May 29, 2012
Docket Number: SC18542

Justia Opinion Summary: Defendant Victor Jordan was convicted of reckless endangerment in the first degree. The appellate court affirmed, concluding (1) Defendant's request to represent himself was not clear and unequivocal, and (2) Defendant's...

State v. Benton  
Date: May 29, 2012
Docket Number: SC18850

Justia Opinion Summary: Defendant Torrence Benton was convicted on charges of carrying a pistol without a permit and criminal possession of a pistol or revolver. Defendant appealed, claiming that the trial court improperly denied his motion to...

418 Meadow St. Assocs., LLC v. Clean Air Partners, LLC  
Date: May 22, 2012
Docket Number: SC18699

Justia Opinion Summary: Plaintiff, an LLC, owned and managed a commercial office building, and Defendant, an LLC, leased and occupied space in the building. A dispute arose between Plaintiff and Defendant over the scope of the lease and payment...

Russo v. Waterbury  
Date: May 15, 2012
Docket Number: SC18392

Justia Opinion Summary: This appeal and cross appeal concerned the authority of the named defendant, the city of Waterbury, under its city charter to offset the pension benefits of Plaintiffs, several individuals who had worked for the city, by...

Patino v. Birken Mfg. Co.  
Date: May 15, 2012
Docket Number: SC18441

Justia Opinion Summary: Plaintiff Luis Patino commenced this action against Defendant, his former employer, claiming that Defendant engaged in a discriminatory employment practice when it permitted his coworkers to harass him based on his sexua...

Gianetti v. Norwalk Hosp.  
Date: May 15, 2012
Docket Number: SC18549

Justia Opinion Summary: Plaintiff in this case was a physician who was granted clinical privileges as a member of Defendant hospital's medical staff beginning in 1974. The hospital declined to renew Plaintiff's privileges for 1984. In response...

David Caron Chrysler Motors, LLC v. Goodhall's, Inc.  
Date: May 15, 2012
Docket Number: SC18694

Justia Opinion Summary: David Caron purchased a majority membership in Goodhall's Chrysler-Plymouth-Dodge-Jeep-Eagle, LLC without having obtained the written consent of Goodhall's, Inc. (Goodhall's), in violation of Goodhall's lease with Goodha...

Pin v. Kramer  
Date: May 8, 2012
Docket Number: SC18572

Justia Opinion Summary: Plaintiffs, Erik and Carrie Pin, brought a medical malpractice action against Defendants, orthopedic surgeon David Kramer and Danbury Orthopedic Associates, seeking, inter alia, compensatory damages for Kramer's negligen...

Council 4, AFSCME, AFL-CIO v. State Ethics Commission
Date: May 8, 2012
Docket Number: SC18896
Carter v. Town of Clinton  
Date: May 1, 2012
Docket Number: SC18200

Justia Opinion Summary: In 1996, Plaintiff was working as a police officer when he felt a sharp pain in his right shoulder after attempting to lift a heavy person. A physician determined that Plaintiff had a labral tear, and Plainiff later unde...

Perez-Dickson v. Bridgeport (Concurrence)
Date: May 1, 2012
Docket Number: SC18401
Perez-Dickson v. City of Bridgeport  
Date: May 1, 2012
Docket Number: SC18401

Justia Opinion Summary: Plaintiff Carmen Perez-Dickson brought this action claiming that Defendants, the city board of education, the former assistant superintendent of the school district, and the former acting superintendent of the school dis...

Canty v. Otto  
Date: May 1, 2012
Docket Number: SC18610

Justia Opinion Summary: Defendant was the wife of Kenneth Otto, who was convicted of the murder of Shamaia Smith. Before his conviction, Otto transferred title to certain property to Defendant. Otto and Defendant subsequently received a judgmen...

Schuman v. Dianon Systems, Inc. (Concurrence)
Date: May 1, 2012
Docket Number: SC18655
Schuman v. Dianon Systems, Inc. (Concurrence)
Date: May 1, 2012
Docket Number: SC18655
Schumann v. Dianon Sys., Inc.  
Date: May 1, 2012
Docket Number: SC18655

Justia Opinion Summary: Plaintiff G. Berry Schumann, a twelve year employee of Defendant, Dianon Systems, brought a complaint against Defendant alleging a violation of Conn. Gen. Stat. 31-51q and common-law wrongful termination of employment fo...

New Britain v. AFSCME, Council 4, Local 1186 (Dissent)
Date: May 1, 2012
Docket Number: SC18671
City of New Britain v. AFSCME, Council 4, Local 1186  
Date: May 1, 2012
Docket Number: SC18671

Justia Opinion Summary: At issue in this certified appeal was whether Plaintiff, the city of New Britain, agreed to arbitrate a dispute with certain city employees, classified as foremen, regarding an alleged violation of the city's civil servi...

Rettig v. Town of Woodbridge  
Date: April 24, 2012
Docket Number: SC18312

Justia Opinion Summary: The named Plaintiff, Judy Rettig, commenced this action against Defendants, several towns and others, seeking damages for injuries she sustained when she slipped and fell in the course of her employment as an animal cont...

Kraiza v. Planning & Zoning Comm'n  
Date: April 24, 2012
Docket Number: SC18667

Justia Opinion Summary: Plaintiff Harry Kraiza filed an application with the planning and zoning commission of the town of Hartland seeking approval of a proposed subdivision on his property. The commission denied Plaintiff's application, findi...

State v. Jackson  
Date: April 17, 2012
Docket Number: SC18194

Justia Opinion Summary: After a jury trial, Defendant John Jackson was convicted of murder. The Supreme Court affirmed the judgment of conviction, holding that the trial court did not err in denying (1) Defendant's motion to suppress certain ev...

State v. Paige  
Date: April 17, 2012
Docket Number: SC18495

Justia Opinion Summary: Following a jury trial, Defendant Sheri Paige, then an attorney, was convicted of nine charges relating to the theft of assets from an elderly client, including one count of perjury. With respect to the perjury instructi...

State v. Gault  
Date: April 10, 2012
Docket Number: SC18112

Justia Opinion Summary: The State filed an application for an arrest warrant for Defendant, alleging a charge of kidnapping in the first degree for the purpose of committing a sexual assault. The trial court ordered that the affidavit supportin...

Ballou v. Law Offices Howard Lee Schiff, P.C. (Concurrence)
Date: April 10, 2012
Docket Number: SC18639
Ballou v. Law Offices Howard Lee Schiff, P.C.  
Date: April 10, 2012
Docket Number: SC18639

Justia Opinion Summary: Midland Funding obtained judgments against Plaintiff Susan Ballou in two cases. The small claims court entered installment payment orders pursuant to Conn. Gen. Stat. 52-356d. Defendant, the Law Offices Howard Lee Schiff...

Lewis v. Commissioner of Correction
Date: April 10, 2012
Docket Number: SC18664
Okeke v. Comm'r of Pub. Health  
Date: April 10, 2012
Docket Number: SC18677

Justia Opinion Summary: Plaintiff Edward Okeke and Tamara Shockley were unmarried when Shockley gave birth to a son. Shockley affirmed an acknowledgement of paternity form the parties executed after the birth. The last name of the child on the...

Himmelstein v. Windsor  
Date: April 3, 2012
Docket Number: SC18455

Justia Opinion Summary: After his bicycle collided with a radar trailer that the Town's police department had placed on the road, Plaintiff filed a complaint against the Town, alleging, inter alia, a breach of statutory duty pursuant to Conn. G...

Gross v. Rell (Concurrence and Dissent)
Date: April 3, 2012
Docket Number: SC18548
Gross v. Rell  
Date: April 3, 2012
Docket Number: SC18548

Justia Opinion Summary: In the involuntary conservatorship action underlying this case, Daniel Gross was placed in the locked ward of Grove Manor Nursing Home. Jonathan Newman was appointed by the probate court to represent Gross in the action,...

Scholastic Book Clubs, Inc. v. Comm'r of Revenue Servs.  
Date: March 27, 2012
Docket Number: SC18425

Justia Opinion Summary: Plaintiff Scholastic Book Clubs, Inc. sells its products to Connecticut schoolchildren by having schoolteachers submit to Plaintiff book orders the teachers have collected from students. The books are delivered to the te...

Arrowood Indem. Co. v. King  
Date: March 27, 2012
Docket Number: SC18658

Justia Opinion Summary: The predecessor insurance companies to Plaintiff, Arrowood Indemnity Company, brought a declaratory judgment action in the U.S. district court claiming they did not have a duty to defend or to indemnify Defendants, the K...

State v. Coleman  
Date: March 20, 2012
Docket Number: SC18519

Justia Opinion Summary: Following a jury trial, Defendant Willie Coleman was convicted of murder in connection with the fatal stabbing of his girlfriend. Defendant appealed, contending that the state offered insufficient evidence to prove beyon...

Comm'r of Envtl. Prot. v. State Five Indus. Park, Inc.  
Date: March 20, 2012
Docket Number: SC18543

Justia Opinion Summary: Defendants, State Five Industrial Park and Jean Farricielli, appealed from a trial court judgment holding them liable, after invoking both reverse and traditional veil piercing principles, for a $3.8 million judgment ren...

Curran v. Kroll  
Date: March 13, 2012
Docket Number: SC18585

Justia Opinion Summary: The substitute Plaintiff, the successor administrator of the estate of Decedent, brought a medical malpractice action against Defendants, Physician and Medical Center, claiming, inter alia, that Physician had failed adeq...

Comm'r of Corr. v. Coleman  
Date: March 13, 2012
Docket Number: SC18721

Justia Opinion Summary: Defendant William Coleman was serving a fifteen-year sentence following his convictions on charges pertaining to his relationship with his ex-wife when he went on a hunger strike. Following a trial, the trial court grant...

Pereira v. State Board of Education (Concurrence)
Date: March 13, 2012
Docket Number: SC18833
Pereira v. State Board of Education (Concurrence)
Date: March 13, 2012
Docket Number: SC18833
Pereira v. State Board of Education (Dissent)
Date: March 13, 2012
Docket Number: SC18833
Pereira v. State Bd. of Educ.  
Date: March 13, 2012
Docket Number: SC18833

Justia Opinion Summary: The local board of education of the City of Bridgeport passed a resolution requesting the state board of education to authorize the commissioner of education to reconstitute the local board. The state board voted to auth...

State v. Lewis (Concurrence and Dissent)
Date: February 28, 2012
Docket Number: SC18369
State v. Lewis  
Date: February 28, 2012
Docket Number: SC18369

Justia Opinion Summary: A jury found Defendant guilty of four drug-related crimes. The appellate court concluded that there was insufficient evidence to support Defendant's conviction of possession of narcotics with intent to sell within 1500 f...

In re Petition of Reapportionment Commission
Date: February 28, 2012
Docket Number: SC18907
Sovereign Bank v. Licata
Date: February 21, 2012
Docket Number: SC18477
Stewart v. Watertown  
Date: February 21, 2012
Docket Number: SC18499

Justia Opinion Summary: Plaintiff, the former town clerk of the town of Watertown, was removed from her position after she failed to report for work. Plaintiff subsequently filed a complaint against the town and certain of its officials (1) see...

Arriaga v. Commissioner of Correction
Date: February 21, 2012
Docket Number: SC18659
New London County Mutual Ins. Co. v. Nantes  
Date: February 21, 2012
Docket Number: SC18758

Justia Opinion Summary: Two houseguests suffered serious injuries after their host left her car running overnight in an attached garage and the house filled with carbon monoxide. Plaintiff, the insurer with whom the homeowner had a homeowner's...

Univ. of Conn. v. Freedom of Info. Comm'n  
Date: February 21, 2012
Docket Number: SC18772

Justia Opinion Summary: The freedom of information commission ordered the University of Connecticut to disclose databases identifying persons who had paid to attend, donated to, inquired about or participated in certain educational, cultural or...

Bozrah v. Chmurynski  
Date: February 14, 2012
Docket Number: SC18424

Justia Opinion Summary: Plaintiffs, the town of Bozrah and the town's zoning enforcement officer, brought an action seeking a temporary and permanent injunction to enjoin Defendants, owners and residents of certain property, from refusing to co...

Hudson Valley Bank v. Kissel  
Date: February 7, 2012
Docket Number: SC18547

Justia Opinion Summary: This case concerned the distribution of surplus proceeds from a foreclosure sale of property encumbered by multiple successive mortgages obtained through fraud. Defendant Stewart Title Guaranty Company appealed from the...

Dissent - Wilcox v. Schwartz
Date: February 7, 2012
Docket Number: SC18607
Wilcox v. Schwartz  
Date: February 7, 2012
Docket Number: SC18607

Justia Opinion Summary: Plaintiffs, Kristy and Timothy Wilcox, brought a medical malpractice action against Defendants, a general surgeon (Doctor) and his employer, alleging that Doctor negligently performed laparoscopic gallbladder surgery on...

Fischer v. Zollino  
Date: February 7, 2012
Docket Number: SC18654

Justia Opinion Summary: Plaintiff divorced his wife (Wife) after discovering she had had an extramarital affair with Defendant and had conceived a child (Child) with him. After Plaintiff and Wife divorced, Plaintiff brought an action against De...

State v. Crespo  
Date: January 31, 2012
Docket Number: SC18403

Justia Opinion Summary: Defendant Rafael Crespo was convicted of one count of assault in the third degree and two counts of sexual assault in the first degree. Defendant's conviction stemmed from allegations that he had forcibly engaged in sexu...

In re Jessica M.  
Date: January 31, 2012
Docket Number: SC18752

Justia Opinion Summary: When she was seventeen years old, Petitioner filed a petition alleging that she was a neglected and uncared for youth. The trial court dismissed the petition as moot because, two and one-half months after Petitioner file...

In re Jose B.  
Date: January 31, 2012
Docket Number: SC18753

Justia Opinion Summary: Two days before his eighteenth birthday, Petitioner filed a petition seeking to have himself adjudicated as neglected and as an uncared-for youth. The trial court dismissed the petition as moot because, two days after Pe...

State v. Payne  
Date: January 24, 2012
Docket Number: SC17965

Justia Opinion Summary: After a jury trial, Defendant Leotis Payne was convicted of, inter alia, felony murder, robbery in the first degree, and attempt to tamper with a juror. The Supreme Court affirmed, holding (1) the trial court improperly...

Duart v. Dept. of Correction (Dissent)
Date: January 24, 2012
Docket Number: SC18476
Duart v. Dep't of Corr.  
Date: January 24, 2012
Docket Number: SC18476

Justia Opinion Summary: In an underlying employment dispute, Employee sued Employer for discrimination. After the jury issued a verdict in favor of Defendant, Plaintiff moved for a new trial, alleging that Defendant had engaged in discovery mis...

State v. Hall  
Date: January 24, 2012
Docket Number: SC18621

Justia Opinion Summary: Defendant Osibisa Hall pleaded guilty to one count of possession of marijuana with intent to sell and two counts of violation of a protective order. Defendant subsequently filed a motion to withdraw his guilty pleas and...

Elec. Contractors, Inc. v. Dep't of Educ.  
Date: January 17, 2012
Docket Number: SC18525

Justia Opinion Summary: At issue in this appeal was whether nonunion Plaintiffs, Electrical Contractors, Inc. (ECI) and six of its employees had standing to challenge prebid specifications requiring the successful bidder on two state financed c...

State v. Apodaca  
Date: January 10, 2012
Docket Number: SC18170

Justia Opinion Summary: After a jury trial, Defendant Herman Apodaca was convicted of felony murder, conspiracy to commit robbery in the first degree, and robbery in the first degree. The Supreme Court affirmed, holding (1) trial court properly...

State v. Darryl W.  
Date: January 10, 2012
Docket Number: SC18396

Justia Opinion Summary: After a jury trial, Defendant Darryl W. was convicted of criminal attempt to commit aggravated sexual assault in the first degree, sexual assault in the third degree and kidnapping in the first degree with a firearm. The...

Grimm v. Fox (Concurrence)
Date: January 10, 2012
Docket Number: SC18814
Grimm v. Fox  
Date: January 10, 2012
Docket Number: SC18814

Justia Opinion Summary: Defendants, an attorney and a law firm, represented Plaintiff Robert Grimm in an action to dissolve Grimm's marriage. Plaintiff subsequently brought a legal malpractice action against Defendants. The trial court granted...

Francis v. Fonfara  
Date: January 3, 2012
Docket Number: SC18480

Justia Opinion Summary: The named plaintiff in the underlying action, Ernest Francis, brought a declaratory judgment action against all members of the Connecticut General Assembly. Francis received a waiver of the process server's service fees,...

State v. Altajir  
Date: January 3, 2012
Docket Number: SC18706

Justia Opinion Summary: Defendant Alia Altajir pleaded nolo contendere to charges of misconduct with a motor vehicle. The trial court imposed a sentence of five years' incarceration, suspended after one year, and five years of probation. Defend...

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