Connecticut, June, 2008, State Case law

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State Courts - Connecticut - June 3, 2008

Royal Indem. Co. v. Terra Firma, Inc., SC 17873, SC 17874, SUPREME COURT OF CONNECTICUT, June 3, 2008, Officially Released
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Overview: Partial summary judgment for general contractor was affirmed as insurer and excess insurer had duty to defend and indemnify general contractor because its liability in underlying personal injury actions filed by subcontractor's employees arose out of subcontractor's work. General contractor was insured under policies.

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Spells v. Comm'r of Corr., AC 28278, APPELLATE COURT OF CONNECTICUT, June 3, 2008, Officially Released
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Overview: Inmate was not entitled to habeas relief, as counsel's failure to seek recusal was sound trial strategy based on conclusion he considered it favorable court did not hold inmate in contempt after causing courtroom disturbance. Failure to offer hair sample test results did not support ineffective assistance claim, as inmate failed to prove prejudice.

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State ex rel. Gregan v. Koczur, SC 18058, SUPREME COURT OF CONNECTICUT, June 3, 2008, Officially Released
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Overview: Finding cat owner neglected 46 cats found in 950 square foot home was upheld as failure to give proper care or provide proper food to cats constituted neglectful conduct under Conn. Gen. Stat. ? 53-247(a) and provided basis for finding of neglect under Conn. Gen. Stat. ? 22-329a. Section 22-329a was not unconstitutionally vague as applied to owner.

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State v. Cook, SC 17995, SUPREME COURT OF CONNECTICUT, June 3, 2008, Officially Released
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Overview: Where defendant was charged with carrying dangerous weapon under Conn. Gen. Stat. ?? 53-206(a) and 53a-3(7), trial court erred in failing to instruct jury State was required to prove defendant's use or threatened use of table leg constituted "true threat," that is, serious expression of intent to commit an act of unlawful violence against another.

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State v. Gay, AC 27667, APPELLATE COURT OF CONNECTICUT, June 3, 2008, Officially Released
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Overview: Denial of motion to withdraw guilty pleas based on alleged ineffective assistance of counsel was upheld, as appellate court found counsel's investigation was adequate based on testimony that, among other things, she reviewed police and witness reports and spoke with defendant about reports' contents and avenues of possible further investigation.

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State v. Muckle, AC 28108, AC 28109, AC 28110, APPELLATE COURT OF CONNECTICUT, June 3, 2008, Officially Released
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Overview: Officer's testimony he asked defendants not to block sidewalk and that one defendant told him he had constitutional right to block sidewalk and protest, and photographic and video evidence showing signs, stroller, and baby carriage were on sidewalk were sufficient to support conviction for disorderly conduct under Conn. Gen. Stat. ? 53a-182(a)(5).

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State v. Santos, AC 27920, APPELLATE COURT OF CONNECTICUT, June 3, 2008, Officially Released
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Overview: Revocation of probation was proper as trial court found, by preponderance of evidence, defendant committed sexual assault when he had sexual intercourse with victim while she was passed out and continued her after she awoke and protested. Due process rights were not violated as warrant application and evidence provided notice of failure to report.

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State v. Whealton, AC 26900, APPELLATE COURT OF CONNECTICUT, June 3, 2008, Officially Released
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Overview: Because defendant was not a co-occupant of the apartment with joint access or control for most purposes and, therefore, did not have common authority to consent or to object to the search, the motion to suppress was properly denied as the lessee was found to have given consent.

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Wasko v. Farley, AC 28074, APPELLATE COURT OF CONNECTICUT, June 3, 2008, Officially Released
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Overview: Conn. Gen. Stat. ? 51-50i gave senior judge power to preside over jury selection and trial judge did not err in requiring dentist to attend jury selection. Jury instruction as to damages incurred by dental practice was not appropriate as dentist was suing in individual capacity and could not assert such damages of limited liability corporation.

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