224 results for 'court:"Connecticut Court Of Appeals"'.
J. Westbrook finds the lower court properly denied the request for a new criminal trial filed by the rabbi convicted of sexual assault. Although the affidavit filed by the assistant rabbi claimed the victim was over the age of 16, it was not corroborated by any other evidence and likely would not have changed the outcome of the trial. The victim admitted he was unsure of his age at the time of the abuse, but this statement did not equate to a retraction of his trial testimony, while the assistant rabbi's credibility was also an issue, based on his evasion of subpoenas during both the criminal and civil trials. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Westbrook, Filed On: February 23, 2024, Case #: AC46055, Categories: Evidence, Sex Offender, Child Victims
J. Alvord finds the lower court improperly denied the husband's motion for a reduction in child support payments because testimony from a private investigator was sufficient to establish the couple's older child had moved in with the husband and was no longer under the care of the wife, who had moved to Tennessee. Meanwhile, the court also misinterpreted language in the parties' separation agreement when it informed the husband his alimony payments could not be modified or removed. Therefore, the case must be remanded to allow for calculation of spousal support payments based on a proper reading of the agreement and the cohabitation of the husband and child. Reversed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: February 23, 2024, Case #: AC46050, Categories: Evidence, Family Law
J. Westbrook finds the lower court properly used the wife's 2020 earnings to calculate alimony and child support payments to the husband. There was insufficient evidence from 2021 and 2022, while the husband's claim of an intentional reduction of income was not supported by evidence in the record, including the Covid-19 pandemic and an increase in the number of partners at the wife's company. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Westbrook, Filed On: February 23, 2024, Case #: AC45727, Categories: Evidence, Family Law
J. Bright finds the lower court erroneously denied the petitioner's request to reopen his habeas case without resolving factual disputes or making credibility determinations. Although the motion was filed after the relevant procedural deadline, the ineffective assistance claims raised by the petitioner are of such critical importance the deadline is irrelevant. The petitioner claimed his attorney lied about efforts to contact him after he was deported to Jamaica, and because the lower court made no determination regarding the facts of the case, this court declines to do so and remands the case for proper analysis. Reversed.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: February 15, 2024, Case #: AC45984, Categories: Criminal Procedure, Habeas, Ineffective Assistance
J. Westbrook finds the trial court did not violate the father's rights under the Americans with Disabilities Act when it denied his requests for half-day trial days during the couple's marital and custody dispute. Even if his claim of a disability is legitimate, he failed to make a formal request under the Act and his doctor's accommodation request made no specific mention of shortened trial days. Additionally, the award of sole custody of the child to the wife was not a retaliatory decision by the trial court for the husband's accommodation requests, but rather, was based on the evidence of the case and the husband's refusal to appear at various hearings because they took place in the afternoon. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Westbrook, Filed On: February 15, 2024, Case #: AC45698, Categories: Ada / Rehabilitation Act, Family Law, Judiciary
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J. Seeley finds the lower court violated the alleged sexual assault victim's due process rights when it dismissed the case against her assailant without providing notice of the grounds it intended to invoke for the dismissal. Additionally, the court failed to give either party the chance to address the issue of mootness based on previous lawsuits filed by the victim and could not use the prior pending action rule to dismiss the case because the rule had not been raised by the assailant. Reversed.
Court: Connecticut Court Of Appeals, Judge: Seeley, Filed On: February 15, 2024, Case #: AC46440, Categories: Due Process
J. Elgo finds the lower court properly dismissed the inmate's petition for a writ of habeas corpus based on ineffective assistance of counsel claims. His attorneys' failure to file a motion to suppress his confession was based on the facts of the case that included a surviving victim and significant physical evidence that made such a motion highly speculative. Additionally, the attorneys conducted appropriate research into the inmate's mental health before they discarded the thought of a plea deal involving mental disease or defect. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: February 8, 2024, Case #: AC45737, Categories: Habeas, Ineffective Assistance
J. Alvord finds the lower court properly found for a police officer on malicious prosecution claims. There was probable cause for the officer to request an arrest warrant after the victim and an eyewitness made sworn statements the arrested individual violated a no-contact order when she made an obscene gesture to the victim. Although surveillance footage contradicted the victim's claims, the officer properly credited the sworn statements, which can be used to establish probable cause under Connecticut law. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: February 8, 2024, Case #: AC45538, Categories: Evidence, Malicious Prosecution
J. Moll finds that the lower court erred when it held the husband in contempt of certain child support orders because his actions, taken in October 2019, could not be used to prove a violation of the orders, which did not take effect until November 2019 after he was served with the documents. However, he was properly held in contempt for the purchase of a car because such a purchase was not a "customary and usual expense," considering the husband owned another vehicle at the time of the divorce. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Moll, Filed On: February 8, 2024, Case #: AC45824, Categories: Contempt, Family Law
J. Prescott finds that the lower court properly declined to name the decedent's paramour a beneficiary of the estate because she was not named on the will entered into probate court and failed to prove she possessed status as an "heir-in-law" under Connecticut law. She attempted to admit previous versions of the will naming her a beneficiary, but the estate's assets were ultimately disbursed through a settlement agreement, which prevented consideration of previous wills. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Prescott, Filed On: February 8, 2024, Case #: AC45758, Categories: Family Law, Wills / Probate
J. Schuman finds the lower court properly dismissed the inmate's petition for a writ of habeas corpus on ineffective assistance claims related to plea negotiations. His testimony that he would have accepted a plea deal in his murder case with better advice from his attorney was belied by the record, which showed on cross-examination he vehemently denied committing the crimes at least six times and vowed he would not "admit to something that he did not do." Affirmed.
Court: Connecticut Court Of Appeals, Judge: Schuman, Filed On: February 2, 2024, Case #: AC46191, Categories: Habeas, Ineffective Assistance, Plea
J. DiPentima finds that while the attorney's disciplinary hearing, which resulted in her disbarment, took place immediately following the court's hearing on the attorney's claims of bias, her due process rights were not violated. She had previously been advised of the hearing schedule and was provided with a full and fair opportunity to present arguments during each hearing. Meanwhile, the court's decision to disbar the attorney was supported by competent and credible evidence, including that the attorney's bias claims were frivolous and based almost entirely on decisions made against her client in previous cases. Affirmed.
Court: Connecticut Court Of Appeals, Judge: DiPentima, Filed On: February 2, 2024, Case #: AC45424, Categories: Evidence, Due Process, Attorney Discipline
J. Seeley finds the lower court properly dismissed the inmate's petition for a writ of habeas corpus on ineffective assistance claims because he failed to provide any evidence that an eyewitness identification expert would have altered the result of the trial. During the habeas hearing, an experienced defense litigator testified the state's eyewitnesses were sure the petitioner was the shooter, an opinion corroborated by enhanced surveillance footage, and so the trial attorney's decision to refuse to obtain an expert witness was part of a reasonable trial strategy. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Seeley, Filed On: February 2, 2024, Case #: AC45738, Categories: Habeas, Ineffective Assistance, Experts
J. Flynn finds the lower court properly terminated the mother's parental rights and granted permanent custody of the child to family services. Although she showed significant interest in the child and made nearly all of her visitation appointments, she failed to remedy the primary cause of the child's initial removal, an abusive relationship with her boyfriend, and, therefore, could not provide a safe and stable home for the child. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Flynn, Filed On: February 1, 2024, Case #: AC46676, Categories: Evidence, Family Law
J. Norcott finds the lower court properly denied the widow's motion to dismiss for lack of jurisdiction because, even though she was not served with the original foreclosure action, the lender perfected service on the decedent before his death, which bound the widow to the action, regardless of whether she was notified. Meanwhile, the court properly denied the widow's motion to dismiss on the grounds of the doctrine of unclean hands because she failed to provide evidence to support her claim of misconduct on the part of the lender. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Norcott, Filed On: January 26, 2024, Case #: AC45453, Categories: Jurisdiction, Banking / Lending
J. Clark finds the trial court improperly granted the wife's request for attorney fees in connection with the husband's contract claim. Although the action was dismissed as barred by the statute of limitations, the court failed to make its own factual findings as to whether the husband acted in bad faith, while there was also no evidence in the record to establish he knew the action was meritless at the time he filed it. Reversed.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: January 26, 2024, Case #: AC45239, Categories: Family Law, Judiciary, Attorney Fees
J. Seeley finds the court properly terminated the mother's parental rights. Although she completed a portion of her case plan following the initial removal of the child, the various failed drug tests and her refusal to accept responsibility for her problems prevented her from proving rehabilitation sufficient to reestablish custody of the child. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Seeley, Filed On: January 22, 2024, Case #: AC46488, Categories: Evidence, Family Law
J. Clark finds the lower court erroneously dismissed the drug addiction center's appeal of the zoning commission's denial of its application for a permit to construct a greenhouse. The greenhouse could be considered an acceptable intensification of the center's current nonconforming use permit. Additionally, because the proposed greenhouse would reflect the original nature of the nonconforming use permit - namely, to allow the center to grow fruits and vegetables for its residents - the court's determination it was an illegal expansion was also erroneous. Reversed.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: January 19, 2024, Case #: AC45972, Categories: Property, Zoning
J. Elgo finds the lower court properly granted the employer's motion for summary judgment on pregnancy discrimination claims. Not only was the employee's lawsuit filed outside the 180-day statute of limitations, but she also failed to provide evidence of an adverse employment action, given that no administrative position were available when she returned from maternity leave and she failed to apply for any other similar positions with other companies. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: January 19, 2024, Case #: AC46206, Categories: Civil Procedure, Employment Discrimination
J. Cradle finds the chemical plant buyer's failure to provide specific evidence about the installation dates for several fire protection systems at the plant precluded the trial court from holding the seller liable for any required updates, as it precluded a determination as to which Arkansas fire code applied to the systems. Additionally, the buyer failed to provide evidence regarding whether replacement refrigerant systems met applicable safety guidelines, which precluded the court from requiring reimbursement for the replacement of the original systems, which were out of code at the time of their installation. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: January 19, 2024, Case #: AC45707, Categories: Warranty, Contract
J. Suarez finds the trial court erroneously relied on its own opinion that a dutiful son would allow his father to use his identity to obtain financing for a residential lease and held the son liable for unpaid rent and fees. Such an analysis disregarded the testimony of the son, who claimed he never gave his father permission to put his name on the lease and had no knowledge of the apartment. Although the court claimed it found the son credible, its decision to hold him liable is contrary to that conclusion and was impermissibly based on personal feelings. Reversed.
Court: Connecticut Court Of Appeals, Judge: Suarez, Filed On: January 19, 2024, Case #: AC45072, Categories: Judiciary, Landlord Tenant
J. Seeley finds the trial court properly granted the city's motion for summary judgment on workers' compensation retaliation claims filed by the police officers. Although a supervisor made derogatory comments when the officers sought surgeries for their injuries, their positions were eliminated - along with more than 100 other officers - as a result of budget cuts, a legitimate and non-discriminatory reason. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Seeley, Filed On: January 11, 2024, Case #: AC45548, Categories: Employment Retaliation, Workers' Compensation
J. Alvord finds the trial court erroneously dismissed the company's tax assessment appeal as untimely. Although it was not received by the town's assessment office until two days after the February 20 deadline, the appeal was mailed on February 18 and arrived late only because of a holiday, which cannot be used as a filing deadline. Reversed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: January 11, 2024, Case #: AC45863, Categories: Civil Procedure, Tax
J. Bright finds the trial court properly awarded the wife post-judgment interest on retirement funds paid by the husband for the entire three years and 10 months since the initial award. There was no evidence to support the husband's claim the funds were refused after an initial appeal, which rendered he and his attorneys solely responsible for the delay. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: January 11, 2024, Case #: AC45871, Categories: Family Law, Damages