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   State Courts - Connecticut - February 17 - February 24, 2009

  
State v. Beavers, SC 17778, SUPREME COURT OF CONNECTICUT, February 17, 2009, Officially Released
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Overview: In an arson murder trial, the trial court did not violate Conn. Code Evid. R. 4-5 by allowing defendant's ex-wife to testify about prior acts where defendant had committed or threatened arson. The evidence was proper to show that defendant had intended to start the fire and to disprove his theory that the fire was accidentally caused by cigarettes.

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Carrano v. Yale-New Haven Hosp., AC 28901, APPELLATE COURT OF CONNECTICUT, February 24, 2009, Officially Released
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Overview: A trial court did not abuse its discretion when it denied a decedent's estate administratrix's request for postjudgment interest pursuant to Conn. Gen. Stat. § 37-3b (Rev. to 1985), as an appeal by medical entities and personnel from a malpractice verdict against them was bona fide and filed in good faith.

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First Conn. Capital, LLC v. Homes of Westport, AC 28991, APPELLATE COURT OF CONNECTICUT, February 24, 2009, Officially Released
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Overview: As a trial court order under Conn. Gen. Prac. Book, R. App. P. § 61-11 terminating a stay of execution of a foreclosure judgment was stayed pending a determination of a property owner's motion for review thereof, approval of a committee sale was prohibited pursuant to Conn. Gen. Prac. Book, R. App. P. §§ 61-11 and 61-14.

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Honulik v. Town of Greenwich, SC 18046, SUPREME COURT OF CONNECTICUT, February 24, 2009, Officially Released
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Overview: CBA between town and union did not govern promotion to police captain; position was outside bargaining unit, and town had discretion to hire out of rank order. Applicant with highest examination score was not deprived of property interest without due process because promotion was not mandatory bargaining subject; attorney fee award was error.

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State v. Bonner, SC 17628, SUPREME COURT OF CONNECTICUT, February 24, 2009, Officially Released
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Overview: Denial of motion to dismiss on Conn. Gen. Prac. Book, R. Super. Ct. § 43-39 speedy trial grounds was not clearly erroneous; recitation of arrest date and bare allegation that defendant was due a speedy trial did not satisfy Conn. Gen. Prac. Book, R. Super. Ct. §§ 41-6 and 43-41. Second motion to dismiss did not follow § 43-41 procedure.

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State v. Nina M., AC 28908, APPELLATE COURT OF CONNECTICUT, February 24, 2009, Officially Released
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Overview: Although order that defendant not contact the child victim while defendant was incarcerated was issued after defendant's plea, it did not violate the plea agreement because the order imposed no additional term of imprisonment, fine, or other severe restraint on defendant's liberty, and, accordingly, order did not affect defendant's sentence.

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State v. Ocasio, AC 29039, APPELLATE COURT OF CONNECTICUT, February 24, 2009, Officially Released
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Overview: As police officers had a reasonable and articulable suspicion of criminal activity to justify the investigative stop of defendant's motor vehicle, based on detailed information received from a reliable confidential informant, defendant's motion to suppress evidence seized therefrom was properly denied.

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State v. Riggsbee, AC 29002, APPELLATE COURT OF CONNECTICUT, February 24, 2009, Officially Released
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Overview: Defendant's claim of plain error under Conn. Gen. Prac. Book, R. App. P. § 60-5 failed because, other than the bald assertion of plain error, defendant did not offer any evidence that the trial court failed to embrace his defense of consent in his trial for, inter alia, criminal violation of a protective order.

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State v. Sells, AC 27951, APPELLATE COURT OF CONNECTICUT, February 24, 2009, Officially Released
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Overview: The trial court properly denied a Batson challenge. In light of a juror's conviction for failure to appear and his relation to a person whom the prosecutor personally prosecuted, the court could not say that the prosecutor's concern that he might harbor ill will toward the State was a pretext for excusing him for a prohibited reason.

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