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| Porter v. Comm'r of Corr., (AC 26695),
APPELLATE COURT OF CONNECTICUT, January 2, 2007, Officially Released
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Overview: Habeas court did not abuse discretion in denying petition for certification to appeal, Conn. Gen. Stat. § 52-470(b), denial of habeas petition because even if appellate counsel provided ineffective assistance by not properly briefing claim regarding trial court's failure to give lesser-included-offense instruction, no prejudice resulted from error.
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| Raymond's Bldg. Supply, Inc. v. Mattson, CV065002428S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY, AT WATERBURY, January 2, 2007, Decided , January 2, 2007, Filed
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Overview: Trial court denied landowner's Conn. Gen. Stat. § 49-35a motion to discharge mechanic's lien that the building supply company filed against landowner's property; the landowner's conduct was clearly unreasonable in not making sure that the developer was paying the building supply company and justice dictated that building supply company be paid.
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| Shockley v. Okeke, (SC 17631),
SUPREME COURT OF CONNECTICUT, January 2, 2007, Officially Released
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Overview: After court granted father's petition for certification to appeal from appellate court's determination that superior court lacked jurisdiction over mother's appeal from probate court's denial of mother's application to change the parties' minor child's name, the court dismissed father's appeal on ground that certification was improvidently granted.
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| Stamford Wrecking Co. v. United Stone Am., Inc., AC 26572,
APPELLATE COURT OF CONNECTICUT, January 2, 2007, Officially Released
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Overview: Trial court properly entered judgment for a wrecking company as to a breach of contract claim, as portions of federal regulations that defendants alleged would have prevented them from awarding the wrecking company 85 percent of the work on a project as provided by a subcontracting agreement were inadmissible under the parol evidence rule.
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| Stancil v. Kuhlor, CV054004890,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, January 2, 2007, Decided , January 2, 2007, Filed
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Overview: Plaintiff's unjust enrichment claim, arising from improvements he did to defendant's home while he lived there, failed because plaintiff produced no credible evidence by virtue of his own testimony that met his burden of proving by a fair preponderance of the evidence the value of any improvement his labor conferred upon the home.
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| State v. Aloi, (SC 17350),
SUPREME COURT OF CONNECTICUT, January 2, 2007, Officially Released
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Overview: Appellate court erred in reversing defendant's conviction of interfering with a police officer, Conn. Gen. Stat. § 53a-167a (Rev. to 2001), because the statute did not categorically exclude a refusal to provide identification to a police officer who had sought such identification pursuant to a valid Terry stop.
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| State v. Campbell, AC 26028,
APPELLATE COURT OF CONNECTICUT, January 2, 2007, Officially Released
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Overview: Defendant, who was charged with possession of a weapon in a motor vehicle, was precluded from claiming that the trial court improperly failed to instruct the jury as to the statutory exceptions set forth in Conn. Gen. Stat. § 29-38(b) because defense counsel induced the court to eliminate that instruction.
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| State v. Felder, AC 26348,
APPELLATE COURT OF CONNECTICUT, January 2, 2007, Officially Released
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Overview: Because there was cumulative evidence, including photographic evidence, the descriptions of a bank teller and manager, and the identification of defendant's girlfriend as well as her observations, reasonable inferences could be drawn therefrom and were sufficient to establish defendant's identity as the perpetrator of a bank robbery.
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| State v. Gibson, FBTCR04198337T,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, January 2, 2007, Decided , January 2, 2007, Filed
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Overview: Appellate counsel was permitted to withdraw with respect to defendant's appeal of his conviction of risk of injury to a minor, Conn. Gen. Stat. § 53-21(a)(2), because no non-frivolous issues were presented for appeal; defendant's claims as to, inter alia, the sufficiency of the evidence and the illegality of his sentence were without merit.
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| State v. Herbert, AC 26157,
APPELLATE COURT OF CONNECTICUT, January 2, 2007, Officially Released
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Overview: While a judge made comments demonstrating a temporary lack of circumspection, because the judge's departure from the norm was brief and occurred several months prior to sentencing, and there was no showing of prejudice given the lenient sentence, the comments did not constitute grounds for reversal under Conn. Gen. Prac. Book. R. App. P. § 60-5.
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