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   State Courts - Connecticut - February 25, 2003

  
Maslansky v. First Assembly of God, CV010343545S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF DANBURY, AT DANBURY, February 25, 2003, Decided , February 25, 2003, Filed
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Overview: A motion to strike by the employer of an injured employee as to a church's first count in a counterclaim for indemnification relating to the injured employee's action was granted; the count alleged only passive and secondary negligence.

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Plemmons v. Newton, FA000557263, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, AT NORWICH, February 25, 2003, Filed
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Overview: The family support magistrate did not have the authority to address the issue of the facial constitutionality of a statute. Also, there was no necessity to address the constitutional question, as the paternity issue was resolved on other grounds.

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Poirier v. Zoning Bd. of Appeals, (AC 22063), APPELLATE COURT OF CONNECTICUT, February 25, 2003, Officially Released
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Overview: The plain language of a Connecticut statute exempted individual homeowners, as well as developers, from zoning regulations enacted after their subdivision had been approved.

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Prod. Res. Group v. Distributed Media Corp., X06CV010170391S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY, COMPLEX LITIGATION DOCKET AT WATERBURY, February 25, 2003, Decided , February 25, 2003, Filed
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Overview: An individual's motion to strike claims alleging CUTPA violations and fraud was denied; a company alleged a pattern of misrepresentation that induced the company to further contract with corporate defendants and delay litigation.

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Prucinsky v. Evans, File No. CV01-0386098S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, February 25, 2003, Decided , February 25, 2003, Filed
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Overview: Dog walker who merely took dog for a walk in the park for his aunt, who was caring for dog while its owner was incarcerated, was not "keeper" of dog, and thus, not liable to injured party for injuries sustained when dog attacked the injured party.

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State v. Allie, CR020116585S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF DANBURY, AT DANBURY, February 25, 2003, Decided , February 25, 2003, Filed
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Overview: Defendant was precluded from the use of the accelerated rehabilitation program after an eligibility check found that defendant had a conviction in New York for disorderly conduct, a violation which carried a possible penalty of 15 days imprisonment.

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State v. Barnett, MV97279481, MV97278969, MV97280781, CR99112217, CR99112853, CR99113360, CR99113421, CR00114623, CR00114733, CR00115952, CR00115678, CR00115695, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, GEOGRAPHICAL AREA 13 AT ENFIELD, February 25, 2003, Filed
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Overview: Where a sentencing court's actions accorded with the parameters of the Connecticut practice book and there was no agreement as to the extent of defendant's sentence, a five-year sentence out of a possible exposure of 15 years was acceptable.

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State v. Davila, CR99148911, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, February 25, 2003, Filed
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Overview: In light of the relevant sentencing factors and petitioner's successive violations of probation, his sentence of five years in prison for possession of narcotics was not inappropriate or disproportionate and there was no basis to modify the sentence.

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State v. Davila, CR99148911, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, February 25, 2003, Filed
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Overview: Defendant's 15-year sentence for entering a home and firing shots while five children and two adults were within was neither inappropriate nor disproportionate where the offense was extremely violent and defendant had prior probation revocations.

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State v. James, CR00174789 n11 No application for Sentence Review was filed on the Violation of Probation matter Docket No. CR96-153133. The Division will not address this matter., SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, GEOGRAPHICAL AREA 12 AT MANCHESTER, February 25, 2003, Filed
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Overview: Where the sentence review division determined that sentences imposed for possession of a firearm and failure to appear for sentencing were within the parameters of appropriate sentencing, there was no modification.

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