Connecticut, March, 2008, State Case law

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State Courts - Connecticut - March 18, 2008

Abbotts v. Pace Motor Lines, Inc., AC 27964, APPELLATE COURT OF CONNECTICUT, March 18, 2008, Officially Released
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Overview: The workers' compensation commissioner properly denied an employee's claim to recover compensation for a back injury because the commissioner was justified in finding that he had slipped on ice on or about the date he stopped going to work. Witnesses testified that the employee had reported slipping on ice and injuring his back on that date.

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Am. Sav. Bank v. Lukas, AC 28335, APPELLATE COURT OF CONNECTICUT, March 18, 2008, Officially Released
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Overview: Judgment was affirmed as trial court did not consider or resolve objection to foreclosure sale raised in appeal. Mortgagor did not appear to dispute that when propriety of sale was considered and committee's motions were resolved, mortgagor had not objected on any ground to terms of sale.

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Carter v. Comm'r of Corr., AC 27912, APPELLATE COURT OF CONNECTICUT, March 18, 2008, Officially Released
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Overview: Appeal was dismissed as inmate did not show that habeas court abused its discretion in denying petition for certification to appeal. Inmate did not show that issues were debatable among jurists of reason, that court could resolve issues in different manner, or that questions were adequate to deserve encouragement to proceed further.

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Conn. Coalition Against Millstone v. Conn. Siting Council, SC 17987, SUPREME COURT OF CONNECTICUT, March 18, 2008, Officially Released
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Overview: Judgment was affirmed as Atomic Energy Act of 1954 and Nuclear Regulatory Commission's regulations preempted field of radiological risks and environmentally related effects of spent nuclear fuel storage. Connecticut Siting Council could only consider nonnuclear environmental effects in ruling on Conn. Gen. Stat. ? 16-50k(a) application.

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Conn. Med. Ins. Co. v. Kulikowski, SC 17930, SUPREME COURT OF CONNECTICUT, March 18, 2008, Officially Released
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Overview: Based on the medical malpractice policy language, it was clear that a nurse practitioner was not a named insured as the policy clearly and unambiguously identified only one named insured, the physician. Thus, the insurer was properly granted summary judgment as to the issue of coverage for the nurse practitioner.

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Guerdy v. Allrich, AC 26772, AC 27958, APPELLATE COURT OF CONNECTICUT, March 18, 2008, Officially Released
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Overview: Denial of motion to open dissolution judgment for failure to obtain personal jurisdiction over husband was affirmed as husband's testimony was evasive, inconsistent, and not credible, and wife testified that husband was residing at place marshal left papers, and that husband had bank accounts listing that address as his address.

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Harpaz v. Laidlaw Transit, Inc., SC 17844, SUPREME COURT OF CONNECTICUT, March 18, 2008, Officially Released
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Overview: Connecticut Workers' Compensation Review Board's decision was reversed as employer did not begin payment or contest liability within 28-day period set forth in Conn. Gen. Stat. ? 31-294c(b). Employer was barred from contesting workers' compensation claimant's right to receive compensation on any ground or extent of claimant's disability.

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In re Anthony A., AC 28658, APPELLATE COURT OF CONNECTICUT, March 18, 2008, Officially Released
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Overview: Finding of neglect under Conn. Gen. Stat. ? 46b-120(9)(B) and (C) was upheld because the evidence showed that mother's psychiatric state was not expected to stabilize for 90 days after the birth of child as, inter alia, she had refused to begin taking her medication again and was thus, unable to make decisions for herself or to care for the child.

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Ruffin v. Comm'r of Corr., AC 28287, APPELLATE COURT OF CONNECTICUT, March 18, 2008, Officially Released
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Overview: Denial of habeas petition was affirmed as inmate did not receive ineffective assistance of counsel as defense counsel negotiated plea offer of 20 years of incarceration, execution suspended after 12 to 15 years, and counsel recollected that he had discussed offer with inmate, and that inmate alone had chosen to reject offer.

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State v. Betts, SC 17994, SUPREME COURT OF CONNECTICUT, March 18, 2008, Officially Released
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Overview: Defendant was properly convicted of sexual assault, assault, and similar crimes because the trial court did not err in denying his motion to suppress a letter he wrote to the victim. The victim's mother was not an agent of the police, and her search of the bedroom she and defendant shared for the letter did not implicate constitutional protections.

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