Connecticut, January, 2007, State Case law

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State Courts - Connecticut - January 30, 2007

State v. D'Haity, AC 25306, APPELLATE COURT OF CONNECTICUT, January 30, 2007, Officially Released
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Overview: Claim clothed in sufficiency of evidence language, that was challenge to credibility of victim's testimony, failed as appellate court could not address credibility questions and jury was free to credit testimony. Prosecutor's comments in closing arguments did not amount to misconduct, as, inter alia, burden of proof properly remained on State.

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State v. Edwards, AC 26222, APPELLATE COURT OF CONNECTICUT, January 30, 2007, Officially Released
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Overview: Defendant's contention that the absence of a ruling on his motion in limine gave rise to the presumption that the motion had been denied had to be rejected; he did not cite any authority, his trial counsel had to obtain ruling on the motion, and the lack of a ruling meant plain error did not exist under Conn. Gen. Prac. Book, R. App. P. ? 60-5.

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State v. Howell, CR05222048, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW BRITAIN AT NEW BRITAIN, January 30, 2007, Filed
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Overview: Statements defendant made to inmate prior to time inmate contacted detective regarding defendant's case were admissible because informant was not a government agent at that time; inmate's prior status as an informant in other unrelated cases did not transform the inmate into an informant in defendant's case until after detective was contacted.

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State v. Howell, CR05222048, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW BRITAIN AT NEW BRITAIN, January 30, 2007, Filed
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Overview: Probable cause existed and was reasonable to search defendant's blue van, which was the last place a missing woman was seen entering before disappearing. It was not unreasonable for the search warrants in North Carolina and in Connecticut, where the van had been transported, to authorize the search of the van for items relating to the victim.

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State v. Lawrence, SC 17598, SUPREME COURT OF CONNECTICUT, January 30, 2007, Officially Released
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Overview: Appellate court properly affirmed the judgment of the trial court dismissing defendant's motion to correct an illegal sentence, because defendant's claims fell outside the set of narrow circumstances in which the trial court retained jurisdiction pursuant to Conn. Gen. Prac. Book, R. Super. Ct. ? 43-22.

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Sullins v. Rodriguez, SC 17642, SUPREME COURT OF CONNECTICUT, January 30, 2007, Officially Released
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Overview: When a former inmate sued a former warden and correction officer for damages, under 42 U.S.C.S. ? 1983, (1) state sovereign immunity law did not govern because the vindication of a federal right was sought; and (2) the facts alleged were sufficient to defeat sovereign immunity because the warden and officer were sued in their individual capacities.

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