Connecticut, March, 2009, State Case law

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State Courts - Connecticut - March 10 - March 13, 2009

Antonino v. Johnson, AC 29131, APPELLATE COURT OF CONNECTICUT, March 10, 2009, Officially Released
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Overview: Notice was not required before instituting a foreclosure suit because the plain language of the mortgage note differentiated between monetary defaults and nonmonetary defaults, and provided for notice of default and an opportunity to cure only for nonmonetary defaults. The default in this case was for failure to make payments.

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Bryant v. Comm'r of Corr., SC 17896, SUPREME COURT OF CONNECTICUT, March 10, 2009, Officially Released
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Bryant v. Comm'r of Corr., SC 17896, SUPREME COURT OF CONNECTICUT, March 10, 2009, Officially Released
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McCown v. Comm'r of Corr., AC 28691, APPELLATE COURT OF CONNECTICUT, March 10, 2009, Officially Released
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Overview: As a prisoner failed to show that counsel's assistance fell below the objective standard of reasonableness and that a reasonable probability existed that, but for the ineffective representation, the outcome would have been different, the habeas court did not improperly conclude that there was no deficient performance or any prejudice.

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Mukhtaar v. Comm'r of Corr., AC 29469, APPELLATE COURT OF CONNECTICUT, March 10, 2009, Officially Released
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Pellow v. Pellow, AC 28904, APPELLATE COURT OF CONNECTICUT, March 10, 2009, Officially Released
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Overview: Where the trial court's financial orders under Conn. Gen. Stat. ?? 46b-81 and 46b-82 totaled more than $ 70,000 annually, which consumed more than 90 percent of a husband's income, the financial orders were excessive. The order offended the long settled principle that the ability to pay was a material consideration in formulating financial awards.

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Pierce v. Lantz, AC 29411, APPELLATE COURT OF CONNECTICUT, March 10, 2009, Officially Released
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Overview: Trial court properly dismissed inmate's action pursuant to Uniform Administrative Procedure Act (UAPA), Conn. Gen. Stat. ? 4-166 et seq., challenging restrictions involving censorship of mail and markup of items sold at institution's commissary because restrictions were rules, not regulations, and thus were not subject to review under UAPA.

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State v. Rosario, AC 27959, APPELLATE COURT OF CONNECTICUT, March 10, 2009, Officially Released
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Overview: A photographic array, which included a photo of a coconspirator, was properly admitted into evidence under Conn. Code Evid. R. 4-1 and 4-3 as evidence of the victim's identification of defendant's coconspirator was relevant as to whether defendant conspired to commit robbery under Conn. Gen. Stat. ? 53a-134.

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Wallbeoff v. Wallbeoff, AC 29201, APPELLATE COURT OF CONNECTICUT, March 10, 2009, Officially Released
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Overview: As the trial court deviated from Conn. Agencies Regs ? 46b-215a-3(a), did not calculate the presumptively correct support order pursuant to the guidelines, and did not include a justification for the variance, among other things, its financial order, awarding the husband child support and alimony, constituted an abuse of discretion.

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City of Hartford v. Wright, CV075010208, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD AT HARTFORD, March 13, 2009, Decided, March 13, 2009, Filed
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