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| Roncari Indus. v. Planning & Zoning Comm'n , SC 17580,
SUPREME COURT OF CONNECTICUT, January 16, 2007, Officially Released
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Overview: Because neither Conn. Gen. Stat. § 8-3(a) (Rev. to 2001) nor a town's zoning regulations required the publication of additional notices when the public hearing was postponed, and because a zoning amendment did not violate the uniformity requirements of Conn. Gen. Stat. § 8-2(a), the trial court properly dismissed a neighbor's appeal.
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| State v. Barnes, AC 26309,
APPELLATE COURT OF CONNECTICUT, January 16, 2007, Officially Released
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Overview: Evidence defendant was outside damaged house before damage and had altercation with occupant, neighbors reported gun shots, and gun shots broke window to room intended victim had stayed in was sufficient to support attempted assault charge. Evidence defendant entered dwelling, took victim's cell phone, and struck her supported burglary conviction.
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| State v. Beavers, AC 27373,
APPELLATE COURT OF CONNECTICUT, January 16, 2007, Officially Released
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Overview: While a shotgun used in a robbery had a pistol grip, because it was a weapon capable of discharging a gunshot, the jury reasonably could have found that the shotgun was a weapon for purposes of Conn. Gen. Stat. § 53a-3(17). Also, the fact that it had a pistol grip was inconsequential under Conn. Gen. Stat. § 53a-3(19) as the barrel was sawed-off.
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| State v. Cosby, AC 25770,
APPELLATE COURT OF CONNECTICUT, January 16, 2007, Officially Released
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Overview: Where a minor daughter of the woman whom defendant was dating testified that defendant pulled her down on his lap, pulled off her pants, and penetrated her despite her protestations, there was sufficient evidence to support his sexual assault conviction, in violation of Conn. Gen. Stat. § 53a-70(a)(1); denial of his acquittal motion was proper.
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| State v. Jones, AC 24593,
APPELLATE COURT OF CONNECTICUT, January 16, 2007, Officially Released
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Overview: Defendant's convictions for sale of narcotics within 1500 feet of a public housing project, and for both possession and sale of narcotics, were upheld on appeal, as sufficient evidence was presented that the public housing project met the Conn. Gen. Stat. § 8-39(i) definition, and an equal protection claim was not preserved for appellate review.
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| State v. Rivet, AC 27819,
APPELLATE COURT OF CONNECTICUT, January 16, 2007, Officially Released
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Overview: Although trial court improperly instructed jury in defendant's murder trial on both the specific intent and general intent portions of Conn. Gen. Stat. § 53a-3(11), defendant was not deprived of a fair trial; taking the charge as a whole, it was not reasonably possible that the improper general intent references in the instructions misled the jury.
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| W. Haven Hous. Auth. v. CB Alexander Real Estate, LLC, CV040489106S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, January 16, 2007, Decided , January 16, 2007, Filed
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Overview: In a housing authority's condemnation action pursuant to Conn. Gen. Stat. § 8-50, the court accepted the valuation of condominium units proposed by the unit owners, as an appraiser properly applied the market valuation method to determine the future rental income that would have been derived from the units.
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| Wagner & Wagner Auto Sales, Inc. v. Tarro, SC 17639,
SUPREME COURT OF CONNECTICUT, January 16, 2007, Officially Released
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Overview: Because a landlord was an unregistered foreign corporation, it was not entitled to pursue a proceeding against the tenants because it was not "transacting business" within the meaning of Conn. Gen. Stat. §§ 33-920(a), 33-921(a).
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| Wallace v. Lutheran, AANCV065001780,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF ANSONIA - MILFORD, AT DERBY, January 16, 2007, Decided , January 16, 2007, Filed
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Overview: Insured one's summary judgment motion was granted as release named insured one as releasee and evidenced intent to release him. Passenger could not rely on Conn. Gen. Stat. § 52-572e(a) as she filed suit only against one defendant and did not refer to another alleged tortfeasor. It was uncertain if statute applied without joint tortfeasor.
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| Ware v. State, CV064023567S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, January 16, 2007, Decided , January 16, 2007, Filed
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Overview: Court refused to dismiss a terminated state employee's complaint against the State on grounds of sovereign immunity. By codifying the State's obligations to its employees under Conn. Gen. Stat. §§ 5-196, 5-236 and 5-239, the legislature had waived sovereign immunity, at least by implication; and sovereign immunity did not bar the injunctive claims.
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