21 results for 'judge:"Alvord"'.
J. Alvord finds the lower court properly dismissed the inmate's second habeas petition despite expert testimony that rebutted the state's conclusion the shooting victim died of a contact wound. Not only did the expert's testimony merely cast doubt on whether the victim had a gun pressed against his skin at the time of the shooting, but there was other, overwhelming evidence to convict the inmate, who failed to show any prejudice. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: May 3, 2024, Case #: AC46270, Categories: Habeas, Ineffective Assistance, Experts
J. Alvord finds the trial court improperly denied the homeowner’s evidentiary hearing request on his homestead exemption claim in this foreclosure. The homeowner argued that his extended homestead exemption had been amended and it should be afforded the protection funds. He raised this claim before the court awarded a judgement in favor of the lender. This case is remanded for further proceedings. Reversed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: April 5, 2024, Case #: AC45340, Categories: Property, Banking / Lending, Foreclosure
J. Alvord finds the lower court properly granted the insurer's motion for summary judgment. The flashing defects discovered in the modular home were not property damage, but proved only that property damage may occur in the future, which was insufficient to trigger coverage under its policy with the builder. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: March 28, 2024, Case #: AC45433, Categories: Evidence, Insurance, Contract
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
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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. 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. Alvord finds the lower court properly terminated a father's parental rights. Although he completed portions of his case plan, his refusal to submit to a psychiatric evaluation or obtain treatment from a health professional for his drug addiction prevented reunification with his children. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: December 18, 2023, Case #: AC46551, Categories: Evidence, Family Law
J. Alvord finds the lower court properly granted the city's motion for summary judgment because the 3-year age difference between the detective and the officer promoted to sergeant was insufficient on its own to establish a prima facie case of age discrimination. Additionally, the detective's list of individuals under the age of 40 promoted to sergeant since 2008 failed to prove the city had a policy of promoting only younger officers because it did not specify whether there were any applicants over the age of 40. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: December 15, 2023, Case #: AC45866, Categories: Evidence, Government, Employment Discrimination
J. Alvord finds the lower court properly ordered the father to make lump sum payments for the daughter's high school and college educations. He failed to rebut the mother's evidence of the daughter's disability, which was proven through medical and expense records. Additionally, no previous court orders in the couple's custody case dealt with the issue of the daughter's disability and, therefore, the issue was not barred by res judicata. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: December 8, 2023, Case #: AC45506, Categories: Family Law, Damages
J. Alvord finds the lower court properly denied the inmate's petition for a writ of habeas corpus. The failure by the inmate's attorney to object to evidence of uncharged misconduct during his trial on assault charges did not constitute ineffective assistance of counsel, as the proof was corroborated by other witness testimony and the decision was part of a sound trial strategy to avoid numerous objections. Additionally, the failure to call an expert witness to rebut cell phone location evidence was not ineffective assistance because there was other, overwhelming evidence to convict defendant and the location evidence was used only to place the inmate near the scene of the crime, not in an exact location. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: December 1, 2023, Case #: AC45675, Categories: Habeas, Ineffective Assistance, Assault
J. Alvord finds the lower court properly denied defendant's motion for a sentence modification in his sexual assault case. Although he provided evidence of good behavior and rehabilitation in prison, the seriousness of his crimes outweighed any rehabilitative efforts. Defendant repeatedly raped a child with whom he shared a home and impregnated her at the age of 12, an act from which her mother claimed the child will never recover, especially considering she chose to carry the baby to term. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: November 9, 2023, Case #: AC45812, Categories: Sentencing, Sex Offender, Child Victims
J. Alvord finds the trial court did not violate the mother's due process rights when it denied her motion for a continuance. Not only had she missed several hearings prior to the custody trial for alleged illnesses, but her attorney was present throughout the trial and was able to cross-examine the Department of Family Services, which provided the mother with a full and fair hearing. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: October 16, 2023, Case #: AC46336, Categories: Family Law, Due Process
J. Alvord finds that the workers' compensation board improperly upheld the commissioner's award of disability benefits to the Department of Transportation employee because although there was no question about the nature of his injury, the employee chose to voluntarily retire and had no intention of returning to the workforce; therefore, the injury did not "result in his total incapacity to work," as required under the statute. Reversed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: August 4, 2023, Case #: AC45531, Categories: Government, Workers' Compensation
J. Alvord finds that the Workers' Compensation board improperly upheld the commissioner's award of disability benefits to the police officer because although his stroke was a compensable injury, at the time he suffered the injury, he had already retired and had no intention of returning to the workforce; therefore, the injury to did not prevent him from working and he is not entitled to benefits. Reversed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: August 4, 2023, Case #: AC45229, Categories: Government, Workers' Compensation
J. Alvord denies the husband's appeal of a judgment holding him in contempt for not complying with a provision of the court’s pendente lite parenting plan. The husband does not prove that the trial court abused its discretion when it found him in contempt for violating the provision regarding summer vacation parenting time, as the provision was clear and unambiguous, and the husband does not provide a factual basis to explain his non-compliance. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: July 14, 2023, Case #: AC44803, Categories: Contempt, Family Law
J. Alvord finds the lower court properly dismissed the daughter's appeal of the probate court's denial of her objection to the appointment of a certain attorney to her mother's estate. Although she filed a motion for reconsideration after the initial objection, her arguments in both filings were identical and she failed to file her appeal of the initial objection within 30 days. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: June 29, 2023, Case #: AC44507, Categories: Civil Procedure, Wills / Probate, Jurisdiction
J. Alvord finds the trial court properly granted the school and investigative company's motions for summary judgment on a former student's invasion of privacy claims. Investigators never observed the former student, who was convicted of charges stemming from anti-Semitic and bomb-making materials found at his home, in private settings, never looked at his mail, and used only basic equipment during their surveillance, which was reasonable considering the danger he posed to the school and its current students once he was released from prison. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: June 15, 2023, Case #: AC45319, Categories: Education, Evidence, Privacy
J. Alvord finds the Compensation Review Board properly upheld the Workers' Compensation Commissioner's denial of benefits to the city employee whose hand was disfigured when he lit a firework found while supervising a neighborhood cleanup program. The lighting of the firework was not within the scope of his job duties. Although cleaning up trash, including the firework, was undoubtedly part of his job, the employee provided no evidence that disposal of trash by burning it was ever advised by the city, and because the lighting of the firework was the only cause of the injuries, he was not entitled to benefits. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: June 9, 2023, Case #: AC45106, Categories: Employment, Evidence, Workers' Compensation
J. Alvord finds the lower court properly granted the estate's motion for summary judgment and disbursed the proceeds of the life insurance policy to the estate. The wife's claim for the proceeds was expressly prohibited under her separation agreement with the decedent. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: May 25, 2023, Case #: AC45565, Categories: Family Law, Wills / Probate