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   State Courts - Connecticut - January 23, 2007

  
In re Brittany P., CP02008681A, CP02008682A, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, JUVENILE MATTERS, AT WATERFORD, January 23, 2007, Filed
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Overview: Because the Department of Children and Families proved by clear and convincing evidence that it had made reasonable efforts at reunification, prior to the court's determination that they were no longer necessary, and the mother failed to rehabilitate, it was in the children's best interest that the mother's parental rights be terminated.

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In re Yalyssa R., H12CP05010300A, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, JUVENILE MATTERS AT HARTFORD, January 23, 2007, Filed
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Overview: Termination of parental rights was in a child's best interests, as the mother consented to termination, and the father had no ongoing parent-child relationship pursuant to Conn. Gen. Stat. § 17a-112(j)(3)(D). His lack of visits demonstrated that he had little interest in the child and did not have the capacity to develop a parental relationship.

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Jefferson v. Comm'r of Corr., (AC 26585), APPELLATE COURT OF CONNECTICUT, January 23, 2007, Officially Released
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Overview: Trial court correctly held that inmate's challenge to parole portion of his sentence was barred by res judicata, based on fact that he had already litigated that claim before the trial court by means of his motion to correct an illegal sentence, that the trial court had rejected the claim, and that inmate had not appealed from that judgment.

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Lugo v. Rapuano, CV054016918S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, January 23, 2007, Decided , January 23, 2007, Filed
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Overview: Motion for summary judgment by the daughter of a decedent was denied as to a claim of breach of fiduciary duty against the administratrix of an estate because the daughter failed to establish that alleged retention of assets of the estate was beyond the powers of the administratrix as a fiduciary.

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Nat'l Grange Mut. Ins. Co. v. Santaniello, CV044000060S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW BRITAIN AT NEW BRITAIN, January 23, 2007, Decided , January 23, 2007, Filed
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Overview: Trial court granted insurance company's request for declaratory judgment and determined that no insurance coverage was available to its insured under any policy insurance company issued to used car dealership; dealer plate coverage had already been deleted at used car dealership's request at time of relevant accident and no other coverage applied.

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Olufade v. Olufade, FA064014994S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, January 23, 2007, Filed
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Overview: In a dissolution of marriage action the marriage had broken down irretrievably and was dissolved. The conduct of neither party during the course of the marriage was particularly egregious. The criteria in Conn. Gen. Stat. §§ 46b-81 and 46b-82 was considered, as well as the gross and net income of both parties, in the entrance of relevant orders.

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Pedro v. Miller, (SC 17482), SUPREME COURT OF CONNECTICUT, January 23, 2007, Officially Released
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Overview: Apportionment complaint under Conn. Gen. Stat. §§ 52-572h, 52-102b was improperly dismissed because there was no basis to seek apportionment against plaintiff's treating doctor until plaintiff filed amended complaint more than 120 days after original action was filed; this was a compelling equitable reason for excusing compliance with § 52-102b(a).

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Perkins v. Warden, TSRCV054000777S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF TOLLAND, AT ROCKVILLE, January 23, 2007, Decided , January 23, 2007, Filed
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Overview: Habeas corpus relief was denied as to petitioner's ineffective assistance of counsel claims regarding his convictions for vehicular manslaughter and related offenses as, though petitioner demonstrated several instances of deficient performance, petitioner failed to prove actual prejudice or that the outcome of the trial would have been different.

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Reyes v. Reyes, FBTFA054013305, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, January 23, 2007, Decided , January 23, 2007, Filed
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Overview: Because the relevant time period was the length of the marriage was three weeks shy of 14 years, the court determined that the provision of periodic alimony by the husband for the duration of the wife's life was appropriate under Conn. Gen. Stat. § 46b-82.

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Rivnak v. Rivnak, (AC 26838), APPELLATE COURT OF CONNECTICUT, January 23, 2007, Officially Released
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Overview: A trial court's financial orders in parties' dissolution proceeding were not an abuse of discretion, as the trial court considered and applied the relevant statutory factors under Conn. Gen. Stat. § 46b-82 in ordering the husband to pay unallocated alimony and child support, and in awarding the wife a greater amount of the parties' assets.

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