20 results for 'judge:"Cradle"'.
J. Cradle finds the trial court did not violate the inmate's due process rights when it denied his motion for a continuance during his habeas trial. Although a crucial witness failed to appear, the inmate was able to present numerous exhibits and call other witnesses throughout the three day trial. Additionally, the absent witness had been served with multiple subpoenas and the trial court issued a capias in an attempt to force his appearance, and so there was no legitimate reason for a further delay. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: May 3, 2024, Case #: AC46237, Categories: Criminal Procedure, Habeas, Due Process
J. Cradle finds the lower court properly dismissed the inmate's petition for a writ of habeas corpus based on ineffective assistance of counsel. His attorney's decision not to call an identification evidence expert witness at trial was sound strategy based on the unreliability of such evidence, which likely would have been ruled inadmissible by the trial court. Additionally, while the attorney should have interviewed the alibi witness's children, who were also present when she allegedly dropped the inmate off at the scene of the crime, their potential testimony would have been cumulative and would not have changed the outcome of the trial because they were not present at the time of the shooting. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: April 19, 2024, Case #: AC45569, Categories: Habeas, Ineffective Assistance, Robbery
J. Cradle finds the trial court properly awarded judgment in favor of a vehicle dealership for claims of breach of contract, fraud and Connecticut Unfair Trade Practices Act violations brought by a property management company and its managing member and a family member. The managing member and family friend fails to establish a burden of proof for all claims, failed to cite any case law or make an argument for an amendment. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: April 15, 2024, Case #: AC45867, Categories: Civil Procedure, Fraud, Contract
J. Cradle finds the trail court properly granted summary judgment in favor of the lender in this third appeal for foreclosure. The homeowner argues that the summary judgement as to liability wrongfully relied on a loan officer’s affidavit determining the lender was in fact the holder of note at the time of commencement. The loan officer’s affidavit was based on personal knowledge of the records, so it is competent evidence. He also argues as a non-moving party the court erred by not drawing an adverse inference from the lender’s refusal to supply documents and witnesses, but he fails to establish any factual claims. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: April 5, 2024, Case #: AC45996, Categories: Discovery, Banking / Lending, Foreclosure
J. Cradle finds that the trial court properly dismissed a request to reopen a case after a judgement of nonsuit made by a client in a legal malpractice case against the attorneys who represented her in a divorce. The client did not demonstrate that she was reasonably prevented from filing a response prior to the judgment. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: March 22, 2024, Case #: AC45261, Categories: Civil Procedure, Legal Malpractice
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J. Cradle finds the lower court properly granted the city and its employee's motion for summary judgment on negligence claims brought by the mother of the child injured by a falling tree in a public park. All of the duties at issue in the case, including the inspection and flagging of the tree as a possible hazard, did not involve any discretion on the part of the employee, which entitled her and the city to governmental immunity. Affirmed in part.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: March 15, 2024, Case #: AC45807, Categories: Government, Immunity, Negligence
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
[Consolidated.] J. Cradle finds the trial court properly denied the car buyers' motion to enforce subpoenas on employees of the dealership. Under the Connecticut rules of practice, emails sent to the individuals were insufficient to effect service. Meanwhile, the buyers cannot challenge the admissibility of several Carfax reports because they never attempted to enter them into evidence at trial and, therefore, the court did not issue a ruling that could be contested on appeal. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: December 29, 2023, Case #: AC45491, Categories: Civil Procedure, Fraud, Consumer Law
J. Cradle finds the lower court properly dismissed the inmate's petition for a writ of habeas corpus. All of his ineffective assistance claims were either baseless and conclusory allegations, or unsupported by the evidence in the record. The inmate was properly advised of the charges against him and the risks of going to trial, properly notified of plea negotiations and given a full and fair opportunity to accept the state's plea offer, and did not require a competency hearing because he clearly understood proceedings. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: December 21, 2023, Case #: AC45971, Categories: Competence, Habeas, Ineffective Assistance
J. Cradle finds the lower court properly terminated the mother's parental rights and granted permanent custody of the child to family services. Although she completed a portion of her case plan, she failed to grasp how her domestic violence issues impacted the child and continued a relationship with the child's abusive father even though it had resulted in various protective orders and criminal charges. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: December 6, 2023, Case #: AC46465, Categories: Evidence, Family Law
J. Cradle finds that the trial court improperly dismissed an asbestos suit against two companies for lack of subject matter jurisdiction. At all times one business failed to adhere to OSHA requirements and the employee was able to satisfy all burdens to this company complaint. The other firm’s insurers had the authority to issue the notice of dissolution, and the plaintiff failed to file this action in the two-year period they were properly dismissed. Reversed. Affirmed in part.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: October 20, 2023, Case #: AC45341, Categories: Employment, Asbestos
J. Cradle finds the trial court properly granted the state's motion for a standing criminal protective order nine years after defendant was sentenced for inappropriate sexual contact with a child victim. The order did not alter the trial court's original judgment or sentence, and was a reasonable measure taken to ensure the safety of the victim upon the expiration of defendant's probation. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: August 11, 2023, Case #: AC45281, Categories: Sex Offender, Restraining Order
J. Cradle finds the trial court improperly dismissed the first count of the inmate's habeas petition without notice. The Connecticut Supreme Court's decisions in Brown v. Commissioner of Correction and Boria v. Commissioner of Correction require a habeas court to allow a petition to file a brief in support of a claim before it can be dismissed. Reversed in part.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: August 11, 2023, Case #: AC44188, Categories: Criminal Procedure, Habeas
[Consolidated.] J. Cradle finds the trial court exceeded its statutory authority when it ordered family services to stop reunification efforts between the father and his child. Although secondhand smoke in his apartment could exacerbate the child's medical condition, that does not qualify as a condition under Connecticut law that would require termination of reunification efforts. Reversed.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: August 10, 2023, Case #: AC46293, Categories: Family Law
J. Cradle finds that the lower court properly terminated a mother’s parental rights and denied her motion for post-termination visitation as to two of her minor children. While the mother loves the children and may have had frequent positive interactions with them, that is just one factor the court can consider in evaluating post-termination visitation. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: July 21, 2023, Case #: AC 46069, Categories: Family Law
J. Cradle finds the lower court properly dismissed the inmate's petition for a writ of habeas corpus. His ineffective assistance of counsel claims related to DNA evidence obtained from tissues did not prove any prejudicial error, given the tissues were unconnected to the assault for which he was convicted and did not bolster his theory of mistaken identity. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: May 19, 2023, Case #: AC44979, Categories: Dna, Habeas, Ineffective Assistance
J. Cradle finds the lower court properly terminated the mother's parental rights. Her failure to address trauma-related violence made her a threat to the safety of her children, especially considering she refused to admit she ever threatened to harm the children or engage in any therapy. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: May 10, 2023, Case #: AC45891, Categories: Evidence, Family Law