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   State Courts - Connecticut - February 21, 2006

  
State v. Nunez, AC 24752, APPELLATE COURT OF CONNECTICUT, February 21, 2006, Officially Released
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Overview: In a robbery case, the State's failure to preserve a red smudge on eyeglasses found at the crime scene did not violate defendant's right to due process because he offered evidence that the eyeglasses did not belong to him, and the victim identified defendant as the assailant numerous times, including during an in-court identification.

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State v. Quattrucci, CR03187707, CR03192619, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, GEOGRAPHICAL AREA 2 AT BRIDGEPORT, February 21, 2006, Filed
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Overview: Inmate's 10-year sentence, which he was required to serve after violating conditions of a plea bargain, was not inappropriate in light of many opportunities inmate had to comply with requirement that he enter and complete a drug treatment program. The sentence complied with the provisions of Conn. Gen. Prac. Book, R. Super. Ct. § 43-23 et seq.

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State v. Saez-Rivera, CR00287842, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY, AT WATERBURY, February 21, 2006, Filed
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Overview: Total sentence of 35 years, with mandatory 10 year minimum, imposed on inmate convicted on two counts of aggravated sexual assault and one count of unlawful restraint was affirmed. Given nature of the crimes and fact inmate was on felony probation when he committed crimes, sentence complied with Conn. Gen. Prac. Book, R. Super. Ct. § 43-23 et seq.

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State v. Williams, AC 25075, APPELLATE COURT OF CONNECTICUT, February 21, 2006, Officially Released
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Overview: State produced sufficient evidence that defendant used physical force within the meaning of Conn. Gen. Stat. § 53a-133, even though the complainant did not testify about physical contact with defendant, because a surveillance tape unmistakably depicted defendant grappling with the complainant during the commission of the crime.

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Tech. Excavation Co., LLC v. Brzozowski, 470125, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, February 21, 2006, Filed
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Overview: Court rejected attacks on procedural validity of mechanics' lien as barred by collateral estoppel; competent evidence showed appropriate risers were installed for septic system, so court rejected CUTPA and quality of work claims; Conn. Gen. Stat. § 52-249(a) attorney fees were denied as no foreclosure was entered; only amount owing was determined.

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Town of Stonington v. Charron, Opinion No.: 92349, CV054002439, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, AT NEW LONDON, February 21, 2006, Decided , February 21, 2006, Filed
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Overview: Trial court granted town's prejudgment remedy application and found it had shown probable cause for issuance of a prejudgment remedy to secure town in its litigation to collect training expenses from police officers who left the force; such recovery pursuant to their collective bargaining agreement was permitted under Conn. Gen. Stat. § 31-51r(c).

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Town of Stonington v. O'Brien, Opinion No.: 92352, CV054002430S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, AT NEW LONDON, February 21, 2006, Decided , February 21, 2006, Filed
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Overview: Trial court found town was entitled to have its prejudgment remedy application granted; while "employment promissory notes" were generally not enforceable, town was authorized, pursuant to Conn. Gen. Stat. § 31-51r(c)(4), to recover training costs from police officers who left force since a collective bargaining provision allowed such recovery.

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Town of Stonington v. Thornton, Opinion No.: 92353, CV054002440S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, AT NEW LONDON, February 21, 2006, Decided , February 21, 2006, Filed
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Overview: Trial court granted town's prejudgment remedy application; while "employment promissory notes" were generally unenforceable, an exception existed in Conn. Gen. Stat. § 31-51r(c)(4) allowing the town to recover training costs from the police officers who had left the force since a collective bargaining agreement provision permitted such recovery.

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