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   State Courts - Connecticut - February 24, 2004

  
In re Application of Eberhart, (SC 17003), SUPREME COURT OF CONNECTICUT, February 24, 2004, Officially Released
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Jewish Home for the Elderly v. Cantore, CV960155519S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, February 24, 2004, Decided , February 24, 2004, Filed
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Levandoski v. Cone, (SC 16843), SUPREME COURT OF CONNECTICUT, February 24, 2004, Officially Released
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Overview: The "firefighter's rule" did not apply to a tortfeasor who was neither an owner nor a person in control of the premises. It was also reasonably foreseeable that the police officer could have been injured in pursuing the fleeing tortfeasor.

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Michaelis v. Michaelis, (AC 23450), APPELLATE COURT OF CONNECTICUT, February 24, 2004, Officially Released
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Overview: Where there was an evidentiary basis for the trial court's factual determinations and it considered all relevant criteria in fashioning its orders, the trial court did not abuse its discretion in valuing the parties' financial assets.

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Mulla v. Maguire, CV980077483S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF LITCHFIELD, AT LITCHFIELD, February 24, 2004, Decided , February 24, 2004, Filed
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Overview: The court determined that a right of way had not been extinguished by nonuse, and that the width of the right of way was no more than eight feet, based on the use of the right of way by the prior owner as a means of access to a cabin.

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New Milford Bank & Trust Co. v. Janson, CV030090791S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF LITCHFIELD, AT LITCHFIELD, February 24, 2004, Decided , February 24, 2004, Filed
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Overview: In a foreclosure action, a bank adequately showed that it was the owner of the mortgage being foreclosed, as it showed it owned the bank which previously owned the mortgage, so summary judgment was appropriate.

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Safeco Ins. Co. of Am. v. Solla, CV030521139S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW BRITAIN AT NEW BRITAIN, February 24, 2004, Decided
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State v. Daley, (AC 23567), APPELLATE COURT OF CONNECTICUT, February 24, 2004, Officially Released
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Overview: Appellate court refused to review denial of defendant's motion to withdraw nolo contendere plea, made nine months after sentencing, as defendant did not show legislative authorization allowing plea withdrawal and did not seek review under Golding.

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State v. Peeler, (SC 16571), SUPREME COURT OF CONNECTICUT, February 24, 2004, Officially Released
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Overview: In defendant's trial for conspiracy to commit murder, trial court properly admitted coconspirator's statements intended to fabricate an alibi and to discourage a witness from coming forward, and statements made to a third-party over the telephone.

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State v. Reyes, (AC 23213), APPELLATE COURT OF CONNECTICUT, February 24, 2004, Officially Released
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Overview: Denial of a motion to suppress statements defendant made to police was not error, as the statements were not given involuntarily, and there was no abuse of discretion in disallowing evidence proffered to contradict a detective's testimony.

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