17 results for 'judge:"Prescott"'.
J. Prescott grants the majority owner's motion to dismiss the appeal filed by the minority owners, ruling his motion to confirm an arbitration award was not stayed upon the filing of this appeal.That motion was separate from the underlying civil complaint and did not seek to "enforce or carry out a judgment," as required under the rules of civil procedure.
Court: Connecticut Court Of Appeals, Judge: Prescott, Filed On: April 26, 2024, Case #: AC56348, Categories: Arbitration, Civil Procedure, Fiduciary Duty
J. Prescott reverses the decision of a habeas court that granted summary judgment for a prisoner who had received five days of risk reduction credit per month to be deducted from his sentence until the institution lowered the risk reduction credit that inmates could receive to two days per month. The prisoner claimed that the change constituted a retroactive extension of his sentence. The judge ruled that while laws preventing retroactive sentencing do exist, they do not apply to the administrative policy decisions of the correctional facility. Reversed.
Court: Connecticut Court Of Appeals, Judge: Prescott, Filed On: March 22, 2024, Case #: AC46164, Categories: Habeas, Prisoners' Rights
J. Prescott denies the city's motion to dismiss the appeal filed by the union, ruling that because the appeal concerns a municipal collective bargaining agreement, the lower court's order to vacate the initial arbitration award is a final, appealable order.
Court: Connecticut Court Of Appeals, Judge: Prescott, Filed On: March 15, 2024, Case #: AC46927, Categories: Arbitration, Civil Procedure, Labor / Unions
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. Prescott finds the lower court did not exceed the scope of this court's remand order when it held the wife solely responsible for the couple's debt on their home equity line of credit. It resolved a previous inconsistency involving $10,000 borrowed against the line of credit by the husband to pay for attorney fees and held each party responsible for their own fees, excluding that $10,000. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Prescott, Filed On: December 15, 2023, Case #: AC45889, Categories: Evidence, Family Law, Attorney Fees
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J. Prescott finds the trial court improperly denied the borrower's motion to nullify the foreclosure sale of the property. The court's previous denial of a motion to open the judgment triggered an automatic appellate stay that both allowed the borrower to appeal and prevented the sale of the property. Therefore, the case will be remanded, the sale vacated and the court ordered to set a new sale date. Reversed.
Court: Connecticut Court Of Appeals, Judge: Prescott, Filed On: December 8, 2023, Case #: AC45836, Categories: Civil Procedure, Banking / Lending
J. Prescott finds the lower court properly dismissed the inmate's petition for a writ of habeas corpus on ineffective assistance claims. Although police began downloading data from his cell phone before a judge signed their search warrant, none of the data was examined prior to the issue of the warrant, while police also had multiple avenues to obtain calls and texts between the inmate and his co-conspirator, all of which would have rendered any motion to suppress futile. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Prescott, Filed On: November 17, 2023, Case #: AC45712, Categories: Habeas, Ineffective Assistance, Murder
J. Prescott finds defendant's conviction for violating a protective order was supported by sufficient evidence. Although the victim was not at her business when defendant went there to retrieve personal belongings, he went there despite knowing the order forbid him from going to her workplace, while testimony from the victim proved psychological harm as a result of threats made to coworkers. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Prescott, Filed On: October 27, 2023, Case #: AC45104, Categories: Evidence, Restraining Order
J. Prescott finds the lower court properly granted the city's motion for summary judgment on disability discrimination and failure to accommodate claims brought by the police officer. After he informed his superiors of his disability, they offered him the exact accommodation requested by he and his psychiatrist, a consistent daytime shift, and he simply chose not to accept it. Although the officer would not have been able to remain a K-9 handler if he accepted the accommodation, he never included that requirement in his request. Furthermore, an isolated comment the officer was not "acting like a Marine" when he used a large number of sick days was insufficient to support a hostile work environment claim. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Prescott, Filed On: September 8, 2023, Case #: AC45395, Categories: Ada / Rehabilitation Act, Evidence, Employment Discrimination
J. Prescott finds that the lower court properly determined there was probable cause for the police officers to arrest the petitioner on a charge of drunk driving because he not only had slurred speech and bloodshot eyes, but also had to be helped out of his vehicle - which was stuck on a retaining wall at his home - before he failed several field sobriety tests; therefore, the Department of Motor Vehicles properly suspended his license. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Prescott, Filed On: August 4, 2023, Case #: AC45598, Categories: Dui, Vehicle, Public Intoxication
J. Prescott finds that the habeas court properly rejected petitioner’s claims that counsel in two prior habeas actions provided ineffective assistance by failing to raise claims that his criminal trial counsel did not conduct a proper investigation to identify exculpatory witnesses or call such witnesses to trial. Petitioner “failed to meet his burden of demonstrating deficient performance.” Affirmed.
Court: Connecticut Court Of Appeals, Judge: Prescott, Filed On: July 21, 2023, Case #: AC 45232, Categories: Habeas
J. Prescott finds that the lower court properly granted a motion to strike two counts in this defamation dispute brought by a former husband against his former wife’s mother and stepfather. The former husband failed to plead reputational harm, and all four elements of defamation. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Prescott, Filed On: July 21, 2023, Case #: AC 45400, Categories: Defamation
J. Prescott finds that the lower court improperly allowed a foster parent to intervene and file a motion to transfer guardianship of a child. The foster parent’s intervention “improperly tainted the court’s adjudication of the motions to revoke commitment.” Reversed.
Court: Connecticut Court Of Appeals, Judge: Prescott, Filed On: July 20, 2023, Case #: AC 45979, Categories: Guardianship
J. Prescott upholds the homeowners' appeal regarding the approval of the developer's special permit and subdivision applications for a proposed flexible residential development. The zoning commission misconstrued the town's zoning and subdivision regulations to approve the development's special permit and subdivision applications. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Prescott, Filed On: July 14, 2023, Case #: AC 44982, Categories: Property, Zoning
J. Prescott finds the trial court properly terminated the father's parental rights and granted permanent custody of his daughter to family services. Although his conviction for sexual assault of the daughter's sibling was overturned on appeal, the cumulative evidence regarding his rehabilitation still weighed heavily in favor of termination. The father failed to address numerous mental health issues, had only sporadic visitation even prior to his incarceration, and attended only a single session of therapy over the course of a 22-month period. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Prescott, Filed On: June 5, 2023, Case #: AC45917, Categories: Evidence, Family Law
J. Prescott finds the lower court properly granted governmental immunity to the high school cheerleading coaches because the cheerleader was not in imminent danger at the time she was injured as she attempted a certain stunt. Although the cheerleader had previously fallen while attempting the stunt, she had not been injured or hit her head, and so it was not readily apparent to the coaches that another attempt would place her in imminent danger. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Prescott, Filed On: May 19, 2023, Case #: AC45249, Categories: Immunity, Negligence