Connecticut, March, 2009, State Case law

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State Courts - Connecticut - March 31, 2009

Beckenstein v. Reid & Riege, P.C., AC 28313, APPELLATE COURT OF CONNECTICUT, March 31, 2009, Officially Released
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Overview: A trial court did not abuse its discretion in holding that allowing an estate's proposed amended complaint would prejudice a committee and its member on the ground that it would not allow them sufficient time to file and to have heard any pleadings addressing the legal sufficiency of, or other issues regarding, the proposed amendments.

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Finley v. Comm'r of Motor Vehicles, AC 29348, APPELLATE COURT OF CONNECTICUT, March 31, 2009, Officially Released
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Overview: As there were eyewitness narratives of the driver driving erratically and an officer's observations of the driver who was sitting in the car when he arrived, there was substantial evidence on which to rely to determine the driver was identified correctly as the operator of the vehicle under Conn. Gen. Stat. ? 14-227b.

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Hasfal v. Comm'r of Corr., AC 29479, APPELLATE COURT OF CONNECTICUT, March 31, 2009, Officially Released
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Overview: Petitioner inmate was not entitled to writ of habeas corpus as to conviction for criminal violation of a protective order under Conn. Gen. Stat. ? 53a-223(a) as counsel was not ineffective for failing to subpoena victim's telephone records as even if victim called him, petitioner was prohibited from going to victim's dwelling without police escort.

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In re Xavier D., AC 29991, APPELLATE COURT OF CONNECTICUT, March 31, 2009, Officially Released
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Overview: Mother was not entitled to reversal of termination of parental rights under Conn. Gen. Stat. ? 17a-112(j) as prior dismissal of a termination petition based on striking of a neglect petition did not have res judicata effect because the striking of the neglect petition was on procedural grounds; thus, the dismissal was not a judgment on the merits.

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Lapointe v. Comm'r of Corr., AC 29137, APPELLATE COURT OF CONNECTICUT, March 31, 2009, Officially Released
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Overview: As the totality of the evidence submitted to demonstrate trial counsel's failure to employ available evidence was sufficient to establish a prima facie showing of prejudice, the trial court erred in dismissing the habeas corpus petition without a hearing under Conn. Gen. Prac. Book, R. Super. Ct. ? 15-8.

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Marlow v. Starkweather, AC 29065, APPELLATE COURT OF CONNECTICUT, March 31, 2009, Officially Released
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Overview: Because a father failed to brief any of his claims adequately, as required by Conn. Gen. Prac. Book, R. Super. Ct. ? 67-4(d), the appellate court could not reach the merits of his claims and deemed them abandoned.

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Moon v. Zoning Bd. of Appeals, SC 17921, SUPREME COURT OF CONNECTICUT, March 31, 2009, Officially Released
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Overview: Because there was no evidence in the record to support the owners' assertion that strict application of a town's zoning regulations regarding setbacks would create an exceptional difficulty or undue hardship, the owners were not entitled to a variance under the regulations or Conn. Gen. Stat. ? 8-6(a)(3).

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Moon v. Zoning Bd. of Appeals of Madison, SC 17921, SUPREME COURT OF CONNECTICUT, March 31, 2009, Officially Released
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Riddick v. Comm'r of Corr., AC 27975, APPELLATE COURT OF CONNECTICUT, March 31, 2009, Officially Released
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Overview: Habeas court properly dismissed an inmate's habeas petition without holding an evidentiary hearing, pursuant to Conn. Gen. Prac. Book, R. Super. Ct. ? 23-42(a), because the court properly allowed the withdrawal of habeas counsel as the counsel showed that the inmate's potential claims were frivolous, and the inmate's claims were without merit.

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Saunders v. Comm'r of Corr., AC 29313, APPELLATE COURT OF CONNECTICUT, March 31, 2009, Officially Released
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Overview: Denial of inmate's habeas petition was proper because, while he claimed that his counsel failed to investigate sufficiently or to challenge DNA evidence, he failed to present evidence that the DNA evidence was flawed, and did not establish that had defense counsel conducted an investigation into the DNA evidence, he would have not pled guilty.

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