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| Ameriquest Mortg. Co. v. Lax, AC 29058,
APPELLATE COURT OF CONNECTICUT, April 14, 2009, Officially Released
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Overview: Because the borrowers' counterclaim alleged wrongdoing by a bank, but did not make a claim against an assignee, it did not comply with Conn. Gen. Prac. Book, R. Super. Ct. §§ 10-10, 10-54, or 10-55, it was properly stricken as it was not an independent action upon which the borrowers might have secured affirmative relief had they sued the assignee.
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| Barton v. City of Bristol, SC 17953,
SUPREME COURT OF CONNECTICUT, April 14, 2009, Officially Released
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Overview: Former police officer could not maintain a claim against city and city police chief for not restoring him to position in police department after he left to serve in peacekeeping mission in Iraq; he "retired" rather than "resigned" by requesting sick leave payout and military leave statute, Conn. Gen. Stat. § 7-294aa(a), did not protect retirees.
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| Cordell v. Clark, AC 29338,
APPELLATE COURT OF CONNECTICUT, April 14, 2009, Officially Released
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Overview: Magistrate's denial of father's request to mark off a subsequent hearing to review his compliance with weekly child support payments was not appealable under Conn. Gen. Stat. § 46b-231(n)(1), as it fell short of being conclusive in nature, and did not so conclude father's rights such that further proceedings could not affect them.
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| Dana Mozell v. Comm'r of Corr., SC 18196,
SUPREME COURT OF CONNECTICUT, April 14, 2009, Officially Released
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Overview: Petitioner's claim of violation of right to Fifth and Fourteenth Amendments to the United States Constitution, U.S. Const. amend. V and U.S. Const. amend. XIV, and Conn. Const. art. I, § 8 due process could not be reviewed regarding granting of mistrial; he did not seek articulation of that ruling, and, thus, record was inadequate to permit review.
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| Dzienkiewicz v. Dep't of Corr., SC 18255,
SUPREME COURT OF CONNECTICUT, April 14, 2009, Officially Released
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Overview: Medical board's decision was properly excluded from evidence in correction officer's claim for workers' compensation benefits because decision was not an admission of a party opponent. Employer was not a party to medical board proceeding and unity of identity was not established by fact that employer and medical board were both state agencies.
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| GE Capital Corp. v. Rizvi, AC 30028,
APPELLATE COURT OF CONNECTICUT, April 14, 2009, Officially Released
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Overview: Order granting lessor's application for prejudgment remedy against guarantors pursuant to, inter alia, Conn. Gen. Stat. § 52-278d, was proper because, despite a parallel Puerto Rico action, the contemplated action attached to lessor's application was a separate, independent action brought in Connecticut and not in aid of the Puerto Rico action.
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| Kilburn v. Plan & Zoning Commn, AC 29248,
APPELLATE COURT OF CONNECTICUT, April 14, 2009, Officially Released
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Overview: A trial court properly dismissed a property owner's appeal from a town plan and zoning commission's denial of her special use permit modification request, as she had failed to comply with the conditions that were imposed when the permit was initially granted, and there was no change in circumstances.
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| State v. Brown, AC 29141,
APPELLATE COURT OF CONNECTICUT, April 14, 2009, Officially Released
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Overview: The evidence was sufficient to support defendant's conviction of larceny in the second degree and assault of an elderly person in the third degree, in violation of Conn. Gen. Stat. §§ 53a-123(a)(3) and 53a-61a(a)(1), based on multiple witness identifications of defendant as the assailant pursuant to their first-hand observations.
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| State v. Collazo, AC 28294,
APPELLATE COURT OF CONNECTICUT, April 14, 2009, Officially Released
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Overview: Defendant did not show trial court improperly denied his Conn. Gen. Stat. § 54-56d motion for competency hearing in his case involving possession of illegal weapon; he had sufficient present ability to consult with his lawyer with reasonable degree of rational understanding, as well as rational and factual understanding of proceedings against him.
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| State v. Pereira, AC 29647,
APPELLATE COURT OF CONNECTICUT, April 14, 2009, Officially Released
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Overview: Admission of defendant's prior uncharged misconduct was proper in his criminal trial pursuant to Conn. Code Evid. R. 4-5(b), as the probative value outweighed any prejudicial effect, the trial court gave limiting instructions to lessen any prejudice, and the evidence was relevant to support proof of the criminal charges against defendant.
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