Connecticut, May, 2008, State Case law

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State Courts - Connecticut - May 13, 2008

O'Connor v. City of Waterbury, SC 18003, SUPREME COURT OF CONNECTICUT, May 13, 2008, Officially Released
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Overview: Disability pension of 57.5 % of officer's annual compensation was upheld as there was no requirement award exceed what officer would have received under as service pension. Claim board should have been estopped from awarding less than 76 % lacked merit, as officer failed to show custom of such award to those with heart or hypertension disabilities.

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State v. Cyrta, AC 28114, APPELLATE COURT OF CONNECTICUT, May 13, 2008, Officially Released
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Overview: Judgment was affirmed as there was sufficient evidence that defendant's actions caused officer's injuries under Conn. Gen. Stat. ? 53a-167c(a)(1) as defendant put officer in bear hug and pulled upward, officer screamed out in pain as arm dislocated from shoulder, and X rays revealed severe dislocation of left shoulder and fracture of right hand.

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State v. Goodspeed, AC 27868, APPELLATE COURT OF CONNECTICUT, May 13, 2008, Officially Released
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Overview: Conviction for evasion of responsibility in operation of a motor vehicle under Conn. Gen. Stat. ? 14-224(b) was supported by sufficient evidence where testimony showed defendant, upon arriving at house, failed to contact police or other emergency personnel regarding injured passenger and even hour and half later had still not made any such call.

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State v. Isabelle, AC 28228, APPELLATE COURT OF CONNECTICUT, May 13, 2008, Officially Released
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Overview: Denial of motion in limine was upheld, as officers were authorized to inspect defendant's trailer and defendant failed to articulate logical connection between authority to inspect and question of whether he operated vehicle with defective mechanism. Defendant failed to show how alleged bias of other officers affected credibility of those at scene.

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State v. Rodriguez, AC 27565, APPELLATE COURT OF CONNECTICUT, May 13, 2008, Officially Released
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Overview: Use of "victim" to refer to complaining witness did not deny defendant fair trial, as it was isolated and there was evidentiary basis for jury to conclude complaining witness was robbery victim. While two were necessary to commit robbery under Conn. Gen. Stat. ? 53a-135(a)(1), three participated in conspiracy; thus, Wharton's rule was inapplicable.

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State v. Smith, AC 27837, APPELLATE COURT OF CONNECTICUT, May 13, 2008, Officially Released
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Overview: Photographic identification array, containing eight photos matching description of victim's attacker, from which victim identified defendant did not create substantial likelihood of irreparable misidentification. Chisel found in victim's car was admissible as a chain of custody was established and victim identified it same one removed from her car.

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