Connecticut, May, 2008, State Case law

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State Courts - Connecticut - May 6, 2008

Bingham v. Dep't of Pub. Works, SC 17817, SUPREME COURT OF CONNECTICUT, May 6, 2008, Officially Released
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Overview: Judgment was affirmed as citizens did not establish statutory aggrievement for appeal under the Connecticut Uniform Administrative Procedures Act as there was no language in the Connecticut Environmental Protection Act of 1971 that showed an intention to alter the aggrievement requirement if the appealing party raised an environmental issue.

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DaEira v. Comm'r of Corr., AC 28494, APPELLATE COURT OF CONNECTICUT, May 6, 2008, Officially Released
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Overview: Denial of petition for a writ of habeas corpus based on alleged ineffective assistance of appellate counsel was upheld, as appellate counsel's decision as to which issues to challenge on appeal was properly based on a conclusion that the raising of a insufficiency claim that was likely to be unsuccessful would detract from the stronger issues.

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Gonzalez v. Comm'r of Corr., AC 28071, APPELLATE COURT OF CONNECTICUT, May 6, 2008, Officially Released
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Overview: Judgment was affirmed as inmate was not in custody for purposes of habeas petition as petition referred to ineffective assistance of counsel in larceny case, and inmate had completed his two-year sentence for larceny before habeas petition was filed. Trial court lacked subject matter jurisdiction over habeas case under Conn. Gen. Stat. ? 52-466.

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Martin v. Flanagan, AC 28402, APPELLATE COURT OF CONNECTICUT, May 6, 2008, Officially Released
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Overview: Judgment was affirmed as accused's statement to inmate that accused actually committed crimes for which prisoner was convicted was not admissible as statement against penal interest under Conn. Code Evid. R. 8-6(4) since it was untrustworthy as it was made to fellow prisoner, with whom accused did not have close relationship.

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Rubenstein v. Rubenstein, AC 27634, AC 28298, APPELLATE COURT OF CONNECTICUT, May 6, 2008, Officially Released
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Overview: Trial court properly considered the statutory factors set forth in Conn. Gen. Stat. ? 46b-82 by awarding alimony of $50 per week to the husband until either parties' death based on the husband's dire financial circumstances, which were created by the wife's conduct in removing the parties' minor son from the jurisdiction for five years.

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Small v. Comm'r of Corr., SC 17803, SUPREME COURT OF CONNECTICUT, May 6, 2008, Officially Released
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Overview: If ineffective assistance issue had been brought before court on direct appeal, inmate would not have prevailed; state could have proven that omission of attempt instruction was harmless. There was no reasonable probability that verdict would have been different if instruction had been given: jury had found intent to commit robbery.

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Solek v. Comm'r of Corr., AC 27405, APPELLATE COURT OF CONNECTICUT, May 6, 2008, Officially Released
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Overview: Even if defendant's claim, that counsel was ineffective in regard to requesting a manslaughter jury instruction, satisfied the first Whistnant factor, it would nevertheless fail because the evidence was insufficient to justify a finding of guilt for the lesser included offense of manslaughter.

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State v. Bazemore, AC 26899, APPELLATE COURT OF CONNECTICUT, May 6, 2008, Officially Released
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Overview: Defendant's claim trial court violated right to fair trial by effectively instructing jury that co-conspirator's testimony was reliable instead of inherently suspect failed under Golding as it was not of constitutional magnitude. Consideration of uncharged robberies in minor way during sentencing did not deprive defendant of right to a fair trial.

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State v. DeMaio, AC 27596, APPELLATE COURT OF CONNECTICUT, May 6, 2008, Officially Released
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Overview: As an informant was not anonymous but rather was known to an officer and had purchased narcotics from defendant multiple times, and during their surveillance of defendant, the officers independently corroborated the informant's assertion, the informant was reliable and defendant was not entitled to suppression under U.S. Const. amend. IV.

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State v. Kerr, AC 26818, APPELLATE COURT OF CONNECTICUT, May 6, 2008, Officially Released
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Overview: Evidence that, inter alia, defendant was present for discussion planning robbery and in getaway car during robbery was sufficient to support convictions for robbery as accessory and conspiracy to commit robbery. Challenge to conspiratorial liability instructions failed under Golding, as they were not misleading and were sufficiently correct in law.

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