Connecticut, February, 2009, State Case law

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State Courts - Connecticut - February 3, 2009

Benedetto v. Zaku, AC 28995, APPELLATE COURT OF CONNECTICUT, February 3, 2009, Officially Released
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Overview: Because a jury awarded substantial economic damages and zero noneconomic damages for pain and suffering, its verdict was inconsistent; accordingly, pursuant to Conn. Gen. Stat. ? 52-228b, the verdict was properly set aside and a new trial ordered.

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Conde v. Comm'r of Corr., AC 28500, APPELLATE COURT OF CONNECTICUT, February 3, 2009, Officially Released
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Overview: Denial of inmate's habeas corpus petition was proper because, although inmate alleged that he received ineffective assistance of counsel in counsel's failure to call certain witnesses, inmate did not show that he made his trial counsel aware of a witness who would have assisted in the defense or that the strategy employed was unreasonable.

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Gallimore v. Comm'r of Corr., AC 28935, APPELLATE COURT OF CONNECTICUT, February 3, 2009, Officially Released
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Overview: Because defendant failed to show that trial counsel's representation was deficient, and because the record did not reveal any errors made by trial counsel that deprived defendant of his right to effective representation, his petition for certification to appeal was properly denied.

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Lee & Lamont Realty v. Planning & Zoning Comm'n, AC 29094, APPELLATE COURT OF CONNECTICUT, February 3, 2009, Officially Released
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Overview: Because a zoning commission member did not violate the rules of natural justice or due process by e-mailing a memorandum that summarized her opinion of information that had been discussed during a public hearing, it was proper under Conn. Gen. Stat. ? 4-181(b); accordingly, an owner's appeal was properly dismissed.

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Piteo v. Gottier, AC 29344, APPELLATE COURT OF CONNECTICUT, February 3, 2009, Officially Released
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Overview: In an investor's breach of fiduciary suit, the trial court properly granted partial summary judgment to the defending investment representative and an investment firm as, pursuant to Conn. Gen. Stat. ? 52-577, three years had passed since the alleged misconduct occurred and the continuous representation doctrine was not expanded.

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State v. Manware, AC 28290, APPELLATE COURT OF CONNECTICUT, February 3, 2009, Officially Released
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Overview: Because the facts relied on to show abandonment of the premises by the former tenants were in dispute, an evidentiary hearing was required that they might be resolved; therefore, the information charging defendant with, inter alia, criminal lockout under Conn. Gen. Stat. ? 53a-214(a) should not have been dismissed.

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State v. Myers, SC 17925, SUPREME COURT OF CONNECTICUT, February 3, 2009, Officially Released
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State v. Vilchel, AC 27000, APPELLATE COURT OF CONNECTICUT, February 3, 2009, Officially Released
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Overview: A jury instruction concerning Conn. Gen. Stat. ? 53a-167c was sufficient as defendant did not claim that the police were not acting in the performance of their duties or were acting unlawfully when they entered defendant's residence, rather, defendant claimed innocence as he did not realize the person he was pointing a gun at was a police officer.

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State v. Wallace, SC 17759, SUPREME COURT OF CONNECTICUT, February 3, 2009, Officially Released
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State v. Winer, AC 26554, APPELLATE COURT OF CONNECTICUT, February 3, 2009, Officially Released
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Overview: Because defendant, who was a sex offender, could have timely reported wherever he was dwelling, no matter how temporary the situation, but failed to do so, the evidence was sufficient to convict him of violating Conn. Gen. Stat. ? 54-251(a).

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