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   State Courts - Connecticut - February 19, 2002

  
In re Stanley D., [NO NUMBER IN ORIGINAL], SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX, CHILD PROTECTION SESSION AT MIDDLETOWN, February 19, 2002, Decided , February 19, 2002, Filed
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Overview: Rights of mother who failed to rehabilitate as parent because of mental illness were terminated in children's best interests, despite her efforts to meet expectations of Connecticut child welfare agency.

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Israel v. State Farm Mut. Auto. Ins. Co., (SC 16474), SUPREME COURT OF CONNECTICUT, February 19, 2002, Officially Released
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Overview: Insurance policy that set forth several different mutually inconsistent consequences of insured's failure to maintain underlying automobile insurance was ambiguous, and therefore construed in favor of providing coverage.

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Jefferson v. Warden, CV990594473S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, February 19, 2002, Filed
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Overview: Habeas corpus petition was denied where inmate failed to meet burden of proof. If inmate went to trial, he probably would have received longer sentence. Thus, there was no reasonable probability that proceeding would have been different.

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LOGAN v. COMMISSIONER OF CORRECTION, (AC 21596), APPELLATE COURT OF CONNECTICUT, February 19, 2002, Officially Released
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Overview: Appeals court affirmed judgment which denied prisoner's petition for writ of habeas corpus. The lower court found his counsel was not ineffective since he effectively evaluated prisoner's case and discussed case and plea with prisoner.

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Langlais v. Donovan, CV000271417S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT MERIDEN, February 19, 2002, Decided , February 19, 2002, Filed
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Overview: Owner did not provide evidence that accident could not occur without negligence or that repairman was in exclusive control when injury occurred. Placing scaffolding and brackets in dumpster were not actions of spoliator.

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Lewis v. Town of Ridgefield Planning & Zoning Comm'n, CV980333278S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF DANBURY, AT DANBURY, February 19, 2002, Filed
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Overview: Planning regulation that governed lot size and density was impermissible encroachment into legislative function of zoning authority. Commission acted beyond its statutory authority in amending subdivision regulations.

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Martin v. Flanagan, (SC 16453), SUPREME COURT OF CONNECTICUT, February 19, 2002, Officially Released
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Overview: Supreme court reversed and remanded judgment which had found prisoner in contempt for invoking Fifth Amendment and refusing to answer incriminating questions at co-defendant's trial even though he had waived Fifth Amendment at his own trial.

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McDermott v. Calvary Baptist Church, (AC 20955), APPELLATE COURT OF CONNECTICUT, February 19, 2002, Officially Released
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Overview: Test to determine if jury charge was proper was whether it fairly presented case to jury such that injustice was not done to either party under rules of law. Instructions given were correct in law and it was not possible that jury was misled.

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Page v. Page, FA990152789S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY, AT WATERBURY, February 19, 2002, Decided , February 19, 2002, Filed
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Overview: A husband was found in contempt for failing to prepare QDROs as required by a divorce decree, and the court ordered that the value of the assets in question be determined as of the 60th day from the date of dissolution.

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Pisani Constr. v. Krueger, (AC 21273), APPELLATE COURT OF CONNECTICUT, February 19, 2002, Officially Released
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Overview: Ruling that builder had not substantially performed was not clearly erroneous. Mere use of building was not enough for substantial compliance. Court did not improperly permit individuals to retain last payment due under contract.

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