20 results for 'judge:"Mullins"'.
J. Mullins finds the hearing officer from the Commission of Motor Vehicles improperly admitted the incident report from the police officer regarding his arrest of the petitioner on DUI charges. The report was not completed within three days of the petitioner's request, as required under Connecticut law. Although the three-day filing requirement contains no prohibitory language, it is mandatory because it ensures the arresting officer's recollection of the incident is accurate and affords the arrested individual due process. Reversed.
Court: Connecticut Supreme Court, Judge: Mullins, Filed On: April 9, 2024, Case #: SC20703, Categories: Civil Procedure, Licensing, Due Process
J. Mullins finds the Freedom of Information Commission erroneously refused to apply the law enforcement exemption of Connecticut's public records law when the son of a murder victim requested various documents related to the police investigation into the murder. Although the case had been considered cold at the time of the request, testimony from investigating officers revealed there was enough evidence to develop a suspect and the officers periodically worked the case based on new leads. The commission failed to properly apply the correct standard when it weighed the evidence and ultimately granted the son's request and, therefore, the case will be remanded to allow for proper analysis as to whether law enforcement's investigation and potential prosecution will be prejudiced by the release of the documents. Reversed.
Court: Connecticut Supreme Court, Judge: Mullins, Filed On: February 27, 2024, Case #: SC20656, Categories: Government, Public Record
J. Mullins finds the lower court properly upheld the dismissal of the inmate's second habeas petition as untimely because the phrase "prior petition" in the statutory language refers only to habeas petitions filed in state court and, therefore, the inmate could not use the judgment in his federal habeas petition to extend his filing deadline. Meanwhile, the inmate's alleged lack of knowledge of the 2-year deadline imposed by the statutory language was insufficient to establish good cause for the filing delay, and his petition was, therefore, untimely. Affirmed.
Court: Connecticut Supreme Court, Judge: Mullins, Filed On: January 22, 2024, Case #: SC20576, Categories: Criminal Procedure, Habeas
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J. Mullins finds that defendant was properly sentenced based on his guilty plea to neglect of a dependent person resulting in death concerning a child sent to defendant's unlicensed daycare because the lower court was allowed to consider the number of children under defendant's care, which exceeded safety limits. Affirmed.
Court: Iowa Court Of Appeals, Judge: Mullins, Filed On: October 25, 2023, Case #: 22-2042, Categories: Sentencing, Criminal Negligence
J. Mullins finds that a father's parental rights were properly terminated since he had not been in his child's life at any point and refused to cooperate with paternity proceedings. Affirmed.
Court: Iowa Court Of Appeals, Judge: Mullins, Filed On: October 25, 2023, Case #: 23-1204, Categories: Family Law
J. Mullins finds that a grandmother was properly removed as guardian in child-in-need-of-assistance proceedings because she failed to attend to the basic medical needs of her severely disabled grandchild. Affirmed.
Court: Iowa Court Of Appeals, Judge: Mullins, Filed On: October 25, 2023, Case #: 23-1290, Categories: Family Law
J. Mullins finds that defendant was properly denied relief from the conviction imposed upon his guilty plea to third-time domestic abuse assault because defendant failed to preserve error on his contention that the state improperly calculated earned-time credits. Affirmed.
Court: Iowa Court Of Appeals, Judge: Mullins, Filed On: August 30, 2023, Case #: 22-0386, Categories: Sentencing, Domestic Violence
J. Mullins finds the trial court properly precluded defendant's attorney from questioning prospective jurors abouts parents who display affection for their children by kissing them on the lips. Defense counsel was still able to ask general questions about displays of affection and chose not to question more than half the jurors about such interactions, while the state did not focus its case on defendant's propensity to kiss his daughters on the lips. Meanwhile, the trial court properly admitted the video interview of the victim, which provided details not contained in her trial testimony and was crucial to the state's case regarding defendant's sexual assault charges. Affirmed.
Court: Connecticut Supreme Court, Judge: Mullins, Filed On: August 28, 2023, Case #: SC20693, Categories: Jury, Sex Offender, Child Victims
J. Mullins finds the trial court properly denied the state's motion to dismiss the mother's emotional distress claim filed with her medical malpractice action. A growing number of courts have considered a birthing mother a joint victim in such suits, while the definition of "personal injury" in Connecticut law also encompasses emotional distress. Therefore, a birthing mother is entitled to bring suit not only for damages that stem from her physical injuries, but also for the emotional distress that results from the injuries to or death of the child. Affirmed.
Court: Connecticut Supreme Court, Judge: Mullins, Filed On: August 18, 2023, Case #: SC20772, Categories: Emotional Distress, Medical Malpractice
J. Mullins finds the trial court's discovery sanction to preclude submission of an affidavit meant to harm witness credibility was a harmless error. There was ample evidence to support defendant's drug trafficking convictions, while he was still able to cross-examine witnesses and attack their credibility without the affidavit. Affirmed.
Court: Connecticut Supreme Court, Judge: Mullins, Filed On: July 7, 2023, Case #: SC20653, Categories: Drug Offender, Evidence, Discovery
J. Mullins finds the lower court properly upheld the referee's award of $15,000 in damages to the black woman for claims of emotional distress related to years of abuse by her neighbor. Although this court has previously upheld damages in the range of $30,000-$125,000 for "garden variety" emotional distress claims, those rulings did not establish a floor of $30,000 for ensuing cases. Meanwhile, the referee's award was not unreasonable on its face, considering the victim did not require mental health services, did not move from the condo complex, and relied entirely on her own, uncorroborated statements as evidence of the emotional distress. Affirmed.
Court: Connecticut Supreme Court, Judge: Mullins, Filed On: June 27, 2023, Case #: SC20655, Categories: Evidence, Damages, Emotional Distress
J. Mullins finds the lower court erroneously dismissed the male student's defamation claim against Yale University and the female student who accused him of sexual assault. The proceeding that led to the male student's expulsion was not quasi-judicial in nature and, therefore, the female student was not entitled to absolute immunity. The female student was not under oath at the time of the hearing and could not be punished by the university because she had already graduated, while the male student was not permitted to cross-examine his accuser or even attend the hearing, which deprived him of procedural safeguards and prevented the application of immunity. Reversed.
Court: Connecticut Supreme Court, Judge: Mullins, Filed On: June 23, 2023, Case #: SC20705, Categories: Education, Immunity, Defamation
J. Mullins finds that defendant was properly sentenced following revocation of deferred judgment for probation violations related to his burglary conviction. Defendant twice violated probation, and he had been given the right to allocution. Affirmed.
Court: Iowa Court Of Appeals, Judge: Mullins, Filed On: June 21, 2023, Case #: 22-0661, Categories: Burglary, Probation
J. Mullins finds that defendant was properly sentenced based on his guilty plea to domestic abuse assault causing bodily injury and other charges because the lower court lacked discretion to suspend the portion of the sentence imposing fines. Affirmed.
Court: Iowa Court Of Appeals, Judge: Mullins, Filed On: May 24, 2023, Case #: 22-0985, Categories: Sentencing, Domestic Violence