Connecticut, April, 2008, State Case law

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State Courts - Connecticut - April 15, 2008

Chartouni v. DeJesus, AC 27972, APPELLATE COURT OF CONNECTICUT, April 15, 2008, Officially Released
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Overview: Judgment was affirmed as medical malpractice case could not be returned to docket under Conn. Gen. Prac. Book, R. Super. Ct. ? 17-43, even though motion to restore was filed within three months of dismissal, as motion was not prosecuted until two-and-one-half years later when patient's affidavit was filed. Delay was not explained adequately.

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Curry v. Allan S. Goodman, Inc., SC 18025, SUPREME COURT OF CONNECTICUT, April 15, 2008, Officially Released
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Overview: In an employee's action for disability discrimination in violation of Conn. Gen. Stat. ? 46a-60(a)(1) of the Connecticut Fair Employment Practices Act, trial court improperly granted the employer summary judgment. There were genuine issues of material fact as to whether the employee could perform the essential functions of his warehouse position.

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In re Jorden R., AC 28128, APPELLATE COURT OF CONNECTICUT, April 15, 2008, Officially Released
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Overview: Termination of mother's parental rights under Conn. Gen. Stat. ? 17a-112(j)(3)(C) was erroneous as, inter alia, trial court grounded determination on 16-year-old mother's youth, despite fact she attended parent and individual counseling, securing protective order against father, visiting the child, and attending child's medical appointments.

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Lopes v. Farmer, SC 17901, SUPREME COURT OF CONNECTICUT, April 15, 2008, Officially Released
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Overview: Because the prosecution against the accused stalker terminated in his favor when the charges were dismissed, when he instituted the 42 U.S.C.S. ? 1983 action he was within the three year limit set by Conn. Gen. Stat. ? 52-577. His action, therefore, was not time barred.

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Peruccio v. Comm'r of Corr., AC 27923, APPELLATE COURT OF CONNECTICUT, April 15, 2008, Officially Released
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Overview: Even if the court was to assume arguendo that counsel's selection of a neurosurgeon as an expert witness to testify at the manslaughter trial, in contradiction to a medical examiner who performed the autopsy on the infant, constituted deficient performance, no prejudice resulted from that deficiency. Thus, the habeas court's judgment was affirmed.

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Richardson v. Zoning Comm'n, AC 28364, APPELLATE COURT OF CONNECTICUT, April 15, 2008, Officially Released
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Overview: Judgment of trial court was affirmed as permitted special use of property under Redding, Conn., Zoning Regs. art. IV, ? 4.2.3(j) and art. IV, ? 5.14 as equine facility would be altered by indoor riding arena. It was necessary for applicants to submit application for special permit, and for commission to hold public hearing.

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State v. Johnson, SC 17939, SUPREME COURT OF CONNECTICUT, April 15, 2008, Officially Released
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Overview: Police had probable cause to believe that narcotics would be found either on defendant's person or in his vehicle upon his arrival at a parking lot, based on an informant's information. Accordingly, the search and seizure of defendant did not violate U.S. Const. amends. IV, XIV, and defendant's motion to suppress drug evidence was properly denied.

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State v. Linarte, AC 25607, APPELLATE COURT OF CONNECTICUT, April 15, 2008, Officially Released
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Overview: Because a jury reasonably could have believed the twins' testimony that defendant had sexually assaulted them over a period of years while they stayed with defendants' mother, and disbelieved defendant's testimony that his confession was false, the jury could have found defendant to be guilty of violating Conn. Gen. Stat. ?? 53a-70, 53-21.

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State v. Marsh & McLennan Cos., SC 17861, SUPREME COURT OF CONNECTICUT, April 15, 2008, Officially Released
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Overview: Conn. Gen. Stat. ? 35-44b did not deprive State of standing to pursue parens patriae action for damages to its general economy under Conn. Gen. Stat. ? 35-32(c)(2); Conn. Gen. Stat. ? 35-44b could not require adoption of federal antitrust law into state law, as Conn. Gen. Stat. ? 35-32(c)(2) allowing for such damages did not have federal parallel.

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State v. Pagan, AC 28199, APPELLATE COURT OF CONNECTICUT, April 15, 2008, Officially Released
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Overview: Judgment was affirmed as evidence supported findings that defendant was not in custody and was free to leave for Miranda purposes as defendant got into police car voluntarily, was not restrained, sat in front seat, and made cell phone call to fiancee. He did not tell fiancee that trip was involuntary, or that he was restrained in apartment.

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