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   State Courts - Connecticut - January 23, 2007

  
Rope Ferry Commons Condo. Ass'n v. Kierys, 510517, 510517, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, AT NORWICH, January 23, 2007, Decided , January 23, 2007, Filed
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Overview: In foreclosure action, defendant individuals' right to a jury trial was waived under Conn. Gen. Stat. § 51-239b because defendants' claim was not filed within the 10-day time limit in Conn. Gen. Prac. Book, R. Super. Ct. § 14-10 and Conn. Gen. Stat. § 52-215; defendants' duty was not relieved by delivery of filing to agent to be mailed.

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State v. Anthony Bowden # 85350, CR96434939, CR96435923, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, GEOGRAPHICAL AREA 6 AT NEW HAVEN, January 23, 2007, Filed
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Overview: Petitioner's 11-year sentence based on his guilty pleas to three counts of robbery in third degree, three counts of larceny in second degree, and one persistent felony offender count was reasonable under Conn. Gen. Prac. Book, R. Super. Ct. § 43-23 et seq., and Conn. Gen. Stat. § 51-194 et seq., as nothing in record supported downward departure.

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State v. Baber, CR9833034, CR0349662, Opinion No.: 96842, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF ANSONIA - MILFORD, AT MILFORD, January 23, 2007, Filed
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Overview: Given a probationer's criminal history and failure to take advantage substance abuse treatment, a six-year sentence of incarceration was reasonable, was not disproportionate or inappropriate, and complied with the provisions of Conn. Gen. Prac. Book, R. Super. Ct. § 43-23 et seq., and Conn. Gen. Stat. § 51-194 et seq.

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State v. Cecil J., (AC 26510), APPELLATE COURT OF CONNECTICUT, January 23, 2007, Officially Released
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Overview: A grant of the State's motion in limine to exclude evidence of prior sexual conduct between a victim and his brothers, pursuant to the rape shield statute, Conn. Gen. Stat. § 54-86f, did not violate defendant's Sixth Amendment confrontation right and his right to present a defense against sexual assault charges, as that evidence was irrelevant.

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State v. Chesson, CR0454101, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF ANSONIA - MILFORD, AT MILFORD, January 23, 2007, Filed
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Overview: Defendant's sentence was affirmed because defense counsel's claim that the judge somehow misled counsel as to the sentence defendant would receive was not supported by the record. Furthermore, the sentence imposed was appropriate, not disproportionate, and complied with the provisions of Conn. Gen. Prac. Book, R. Super. Ct. § 43-23 et seq.

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State v. Diaz, CR99280551, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY, AT WATERBURY, January 23, 2007, Filed
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Overview: Sentence Review Division held an 18-year sentence for possession with intent to sell within 1,500 feet of a school, five of which was mandatory, was not disproportionate and complied with Conn. Gen. Prac. Book, R. Super. Ct. § 43-23 et seq., as a prisoner was not a drug user, was involved only for pecuniary gain, and had a prior drug conviction.

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State v. Gainey, CR00171438, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, January 23, 2007, Filed
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Overview: Because a prisoner had prior convictions for sexual assault and stood before the Sentencing Review Division with 10 felony convictions, the Division found that his total sentence of 33 years for sexual assault and violation of probation was within the parameters of Conn. Gen. Prac. Book, R. Super. Ct. § 43-23 et seq.

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State v. Gainey, CR96492550, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW BRITAIN AT NEW BRITAIN, January 23, 2007, Filed
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Overview: Total effective sentence imposed upon petitioner of 33 years in prison, with execution suspended after 28 years in prison followed by 15 years of prison, was reasonable pursuant to Conn. Gen. Prac. Book, R. Super. Ct. § 43-23 et seq. and Conn. Gen. Stat. § 51-194 et seq., as he had a long criminal history and society needed to be protected.

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State v. Harris, CR00290377, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY, AT WATERBURY, January 23, 2007, Filed
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Overview: Sentence Review Division found effective sentence imposed upon petitioner of 40 years in prison was reasonable and would not be changed pursuant to Conn. Gen. Prac. Book, R. Super. Ct. § 43-23 et seq., and Conn. Gen. Stat. § 51-194 et seq.; strength of State's case and his conduct in firing submachine gun at three people meant sentence was proper.

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State v. Irizarry, CR02205612, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW BRITAIN, GEOGRAPHICAL AREA 15 AT NEW BRITAIN, January 23, 2007, Filed
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Overview: Eleven-year sentence imposed upon petitioner was neither inappropriate nor disproportionate and, thus, would not be modified pursuant to Conn. Gen. Prac. Book, R. Super. Ct. § 43-23 et seq., and Conn. Gen. Stat. § 51-194 et seq.; petitioner's criminal history showed he targeted same victim and present crimes involved him using a hammer.

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