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| Charles v. Comm'r of Corr., AC 29165,
APPELLATE COURT OF CONNECTICUT, January 27, 2009, Officially Released
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Overview: Because arguing that selling drugs within 1500 feet of a school Conn. Gen. Stat. § 21a-278a(b) was a sentence enhancement and not a substantive offense would not have been successful, defendant's trial counsel and appellate counsel were not ineffective for failing to do so.
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| Hous. Auth. v. Deroche, AC 27983,
APPELLATE COURT OF CONNECTICUT, January 27, 2009, Officially Released
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Overview: It was proper to deny a tenant's motion to dismiss a housing authority's summary process action because the authority complied with its notice obligation under Conn. Gen. Stat. § 47a-15. It served the tenant with a pretermination notice, which set forth the tenant's violations of the lease and Conn. Gen. Stat. §§ 47a-11, 47a-15, and 47a-32.
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| Kelly v. Univ. of Conn. Health Ctr., SC 17884,
SUPREME COURT OF CONNECTICUT, January 27, 2009, Officially Released
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Overview: Patient's malpractice claim against State-operated health center, alleging that laser fibers were left in his body during surgery performed at health center by its employees, was untimely under Conn. Gen. Stat. § 4-148 because, despite absence of expert medical opinion, one year limitation period began when patient discovered presence of fibers.
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| Robinson v. Comm'r of Corr., AC 29281,
APPELLATE COURT OF CONNECTICUT, January 27, 2009, Officially Released
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Overview: Because defendant did not show that prostitution evidence was relevant as a defense to the charges of kidnapping or unlawful restraint, he failed to show that his trial counsel was ineffective for failing to find and/or call two witnesses to testify about the complainant's alleged prostitution.
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| Romero v. Comm'r of Corr., AC 28782,
APPELLATE COURT OF CONNECTICUT, January 27, 2009, Officially Released
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Overview: Because defendant did not prove deficient performance by counsel or any prejudice arising out of a claimed deficiency, and because the record did not reveal any errors that deprived defendant of his right to effective representation, his petition for certification to appeal the denial of his petition for a writ of habeas corpus was properly denied.
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| State v. Carrasquillo, SC 17568,
SUPREME COURT OF CONNECTICUT, January 27, 2009, Officially Released
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Overview: Application of Conn. Gen. Stat. § 53a-35a(2)'s mandatory minimum sentence for Conn. Gen. Stat. § 53a-54a murder did not violate U.S. Const. amend. VIII. It was not cruel and unusual punishment to mandate life sentence without release in juvenile offender's case; so, mandatory minimum 25-year sentence was not cruel and unusual punishment.
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| State v. Faison, AC 28476,
APPELLATE COURT OF CONNECTICUT, January 27, 2009, Officially Released
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Overview: Defendant's argument that denial of motion for immunity for witness was unpreserved for appellate review under Conn. Gen. Prac. Book, R. App. P. § 60-5 because precise matter raised on appeal-the effective defense theory-was not presented to the trial court and defendant's general exhortation to grant judicial immunity was without legal support.
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| State v. Rose, AC 28174,
APPELLATE COURT OF CONNECTICUT, January 27, 2009, Officially Released
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Overview: Conn. Gen. Stat. § 53a-167c(a)(5) conviction was supported by evidence, but Defendant's U.S. amend. VI and XIV, § 1, fair trial right and presumption of innocence were violated by defendant's appearance in jail garb at trial. Intent evidence was not so overwhelming that garb did not contribute to conviction.
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| State v. Shuck, AC 28923,
APPELLATE COURT OF CONNECTICUT, January 27, 2009, Officially Released
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Overview: Because defendant was given copies of his arrest warrant and affidavit, and the exhibits that the prosecutor put into evidence, and because there was no order from the trial court allowing defendant unlimited access to his probation file for the prosecutor to report, defendant's constitutional right to due process was not violated.
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| Stevens v. Comm'r of Corr., AC 27924,
APPELLATE COURT OF CONNECTICUT, January 27, 2009, Officially Released
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Overview: Because defendant failed to show that counsel's representation was inadequate, and failed to present any credible evidence that he would not have pleaded guilty absent his misunderstanding regarding parole eligibility, his ineffective assistance of counsel claim was properly denied.
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