24 results for 'judge:"Bright"'.
J. Bright finds that while the attorney's failure to present evidence of the inmate's mental health issues at a hearing to determine whether good cause existed for the untimely filing of his habeas corpus petition may have constituted ineffective assistance of counsel, the inmate's failure to provide any evidence regarding the claim required dismissal of his appeal to this court.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: May 3, 2024, Case #: AC43187, Categories: Evidence, Habeas, Ineffective Assistance
J. Bright finds the lower court properly denied defendant's motion to prevent dissemination of his status as a sex offender. Although he was found not guilty of sexual assault by reason of mental defect, his confinement in a psychiatric hospital is considered "jail or prison time" under the relevant statute, which renders him ineligible for relief. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: April 19, 2024, Case #: AC46150, Categories: Sentencing, Sex Offender
J. Bright finds the trial court erred in its discretion declining to award child support and awarding attorney fees in this dissolution-of-marriage case between a husband and wife. The husband argues he consistently requested child support, and the attorney fees were not properly awarded for contempt. The parties’ financial orders are to be remanded for a new trial concerning all financial issues and to determine the contempt sanctions. Affirmed in part. Reversed in part.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: April 15, 2024, Case #: AC45857, Categories: Family Law, Sanctions, Settlements
[Consolidated.] J. Bright finds the trial court properly dismissed a renewable energy developer’s declaratory and injunctive relief for a lack of standing to assert claims against a competing energy developer and its subsidiary for a construction project. The renewable energy developer alleges the competing energy developer’s bid certification was false but fails to show the fraud, corruption or favoritism that allegedly undermines the bidding process. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: April 15, 2024, Case #: AC54620, Categories: Construction, Energy, Fraud
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J. Bright finds that while the lower court erroneously refused to consider the merits of the inmate's ineffective assistance claim contained in his petition for a writ of habeas corpus, its decision to deny the writ was nevertheless correct as the prosecution's failure to disclose a complete copy of notes taken by a detective did not prejudice the inmate or alter the outcome of the trial. Although a complete copy of the notes indicated a different number of girls on the premises the day the inmate assaulted the victim when compared to the victim's testimony, the discrepancy was unimportant and, furthermore, the inmate's attorney was able to achieve the desired impeachment result through cross-examination of the detective, regardless of the notes. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: March 1, 2024, Case #: AC45422, Categories: Habeas, Ineffective Assistance, Sex Offender
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. 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
J. Bright finds the trial court properly found the development company was entitled to $75,000 in escrow funds in an interpleader action. The property owner's decision to obtain an easement on one of the properties to allow a zoning variance on the other exceeded the scope of his authority as the developer's agent and was a violation of the parties' escrow agreement. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: January 5, 2024, Case #: AC45407, Categories: Real Estate, Contract
J. Bright finds the lower court erroneously dismissed the taxpayer's suit against the law firm regarding its status and eligibility to represent the city of Norwich. Although she had filed numerous other suits that involved similar factual issues, none of those cases were decided on the merits, which prevents the application of res judicata. Reversed.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: December 1, 2023, Case #: AC45662, Categories: Civil Procedure, Government
J. Bright finds the trial court improperly found the jet ski owner had brought conversion and negligence claims against the repair shop in bad faith. The email purportedly from the owner of the shop to another individual gave at least some credence to the lawsuit; therefore, the repair shop was not entitled to attorney fees and the court's award will be vacated. Reversed.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: October 27, 2023, Case #: AC45740, Categories: Negligence, Attorney Fees
J. Bright finds that the lower court improperly upheld the Freedom of Information Commission’s finding that a city violated the Freedom of Information Act by declining to make available any and all unredacted records of an individual’s criminal murder case. The city failed to explain why exemptions applied to the request. Reversed.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: October 20, 2023, Case #: AC45287, Categories: Public Record, Privilege
J. Bright finds the lower court erroneously interpreted the easement on the strip of land running from the street to the waterfront as restricted to foot traffic, as the broad language included in the deed granted an open right-of-way without any limitation. Therefore, the owners of the adjacent property cannot section off the strip of land with a pedestrian gate upon the completion of the construction of their home and must allow the owners of the easement full access to the waterfront. Reversed.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: September 22, 2023, Case #: AC45623, Categories: Property, Real Estate
[Consolidated.] J. Bright finds the trial court properly granted the insurer's motion for summary judgment on indemnification claims filed against the principal owners of a construction company. Although the insurer could have attempted to dismiss a lawsuit filed in New York by one of the subcontractors on the hotel project, it was not unreasonable to settle that suit and seek indemnification under the parties' surety agreement. Therefore, because the insurer provided evidence of losses, costs and expenses incurred in connection with the bonds used to finance the construction project, it was entitled to judgment on the indemnification claims. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: August 18, 2023, Case #: AC44836, Categories: Construction, Indemnification, Contract
J. Bright finds the lower court improperly denied the inmate's request for certification to appeal because the statement from the victim withheld by police prior to the inmate's trial on sexual assault and unlawful restraint was material to his defense and provided him with a viable habeas claim. Therefore, the petition for a writ of habeas corpus will be granted, the inmate's conviction for unlawful restraint will be vacated, and the case will be remanded for a new trial. Reversed.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: August 18, 2023, Case #: AC45442, Categories: Evidence, Habeas, Sex Offender
C.J. Bright finds the trial court erroneously granted the insurer's motion for summary judgment on the injured driver's uninsured motorist claim. Regardless of whether she or her employer rented the vehicle involved in the collision, she was driving a covered vehicle at the time of the accident and was entitled to recover the benefits awarded to the employer. Reversed.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: July 28, 2023, Case #: AC45054, Categories: Insurance, Vehicle, Contract
J. Bright finds that the lower court properly ruled in favor of a car dealership in an employment discrimination dispute brought by a former employee who claimed pregnancy and gender discrimination. There was “uncontroverted evidence of a non-discriminatory reason” for the termination decision. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Bright , Filed On: July 25, 2023, Case #: AC 45471, Categories: Employment Discrimination
J. Bright finds the lower court properly terminated the father's parental rights. He not only failed to engage with in-person and virtual visitation during his 3-year case plan, but also tested positive for cocaine, became aggressive with several family services workers, and refused to engage in counseling and parenting services. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: July 3, 2023, Case #: AC45822, Categories: Evidence, Family Law
J. Bright finds the lower court properly denied the inmate's petition for a writ of habeas corpus on an ineffective assistance of counsel claim. The attorney's decision to present a theory of self-defense to the jury even after the inmate testified he shot the gun accidentally was not unreasonable. The inmate also testified he was scared for his life in the lead-up to the shooting, which was sufficient to support his claim of self-defense. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: June 29, 2023, Case #: AC45412, Categories: Habeas, Ineffective Assistance, Self Defense
J. Bright finds the lower court properly granted the mother's motion to change the parents' shared parenting plan. She filed her motion within days of the court's initial decision and, therefore, was properly treated as a motion to alter, rather than amend the agreement, and allowed the court to retain jurisdiction. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: June 29, 2023, Case #: AC45317, Categories: Family Law, Jurisdiction
C.J. Bright finds the lower court erroneously granted the employer's motion for summary judgment on its special good faith defense in a wage case. There is conflicting evidence as to whether it believed its payment practices to the waitress complied with state labor laws. While the employer claims it believed the waitress's non-tipped duties were performed for a minimal amount of time each shift, its legal counsel testified the restaurant had been informed its pay policies likely violated the law. Reversed in part.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: June 2, 2023, Case #: AC44544, Categories: Employment, Evidence, Labor
C.J. Bright finds the lower court properly adopted the fixture valuations presented by the department store's expert witness in the store's challenge to municipal taxes assessed against its personal property. The expert not only supported his testimony with relevant and certified calculations, the town was also able to cross-examine him to help establish its own valuations, which gave the court a full understanding of the tax values at issue prior to its decision. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: May 19, 2023, Case #: AC45303, Categories: Property, Tax, Experts
J. Bright finds the trial court provided improper jury instructions during the medical malpractice trial and erroneously told the jury it must rule in favor of the ear, nose, and throat surgeon if it determined the patient's post-operative manipulation of his nose was the cause of his injuries. The surgeon did not present any expert testimony to support his theory the patient caused his own injuries, and his own testimony as a fact witness was insufficient to establish the required level of medical probability; therefore, the verdict will be vacated and the case remanded for a new trial. Reversed.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: May 19, 2023, Case #: AC43955, Categories: Jury, Experts, Medical Malpractice