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   State Courts - Connecticut - January 29, 2002

  
Scalise v. Am. Emplrs. Ins. Co., (AC 20928), APPELLATE COURT OF CONNECTICUT, January 29, 2002, Officially Released
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Overview: Statute of limitation barred insured's right to compel arbitration for underinsured motorist benefits where cause of action accrued on date settlement check from at-fault insurer was deposited, not date check cleared bank.

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Shea & Cook v. Eoanou, CV990270254S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT MERIDEN, January 29, 2002, Decided , January 29, 2002, Filed
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Overview: Promissory note sought to be enforced by law firm failed for lack of consideration where law firm could not itemize its time to justify amount of bill and there was no retainer agreement for legal services between law firm and developer.

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State v. Chymbor, FA900300150S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, January 29, 2002, Decided , January 29, 2002, Filed
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Overview: Superior court affirmed family magistrate decisions denying father's motion to modify child support and to make modification retroactive to when he first made that motion nine years before and which found him in contempt for failure to pay.

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State v. Cummings, (AC 21730), (AC 21731), (AC 21732), APPELLATE COURT OF CONNECTICUT, January 29, 2002, Officially Released
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Overview: Judgments convicting defendants of murder were reversed where trial court violated 1999 revision to Connecticut statute when it substituted alternate juror for regular juror after deliberations had begun.

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State v. Denson, (AC 20754), APPELLATE COURT OF CONNECTICUT, January 29, 2002, Officially Released
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Overview: Connecticut offenses of assault with intent to maim and assault with intent to injure with dangerous weapon were distinct for double jeopardy purposes; prosecutor could comment on credibility of defendant who testified.

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State v. O'Neil, (AC 21590), APPELLATE COURT OF CONNECTICUT, January 29, 2002, Officially Released
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Overview: It could easily have been inferred that defendant's absence from his home for three years could have been influenced by his criminal acts. It was not an abuse of discretion to find the evidence of flight was more probative than prejudicial.

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State v. Russell, (AC 20627), APPELLATE COURT OF CONNECTICUT, January 29, 2002, Officially Released
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Overview: Where defense counsel's objection at trial to the admission of the victim's prior consistent statement was on a different ground than defendant's appeal on that issue, the appeal was not preserved.

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State v. Turner, (AC 21020), APPELLATE COURT OF CONNECTICUT, January 29, 2002, Officially Released
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Overview: Defendant who entered guilty plea after trial court denied motion to suppress evidence was denied effective assistance of counsel because counsel did not tell him he could enter conditional nolo contendere plea in order to appeal court's ruling.

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State v. Walsh, (AC 21577), APPELLATE COURT OF CONNECTICUT, January 29, 2002, Officially Released
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Overview: Defendant's constitutional rights were not violated by motion in limine prohibiting mention of motorcycle gang members as alternative murder suspects; addition to reasonable doubt jury instruction did not taint it.

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Sykes v. Warden, 554875, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, AT NEW LONDON, January 29, 2002, Decided , January 29, 2002, Filed
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Overview: Because sentence imposed was not in accordance with plea agreement regarding credit for time served, plea was involuntary and writ of habeas corpus could be granted.

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