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   State Courts - Connecticut - March 4, 2003

  
Kinghorn v. Kinghorn, FA000074308S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX, REGIONAL FAMILY TRIAL DOCKET AT MIDDLETOWN, March 4, 2003, Decided , March 4, 2003, Filed
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Overview: The court found that an order of joint custody, with the children living primarily with their mother, to be in their best interest. The husband was to pay more child care than dictated by the presumptive amount due to his varying income.

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Montoya v. Montoya, FA010183420, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, March 4, 2003, Decided , March 4, 2003, Filed
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Overview: Where an ante-nuptial agreement provided that New York law was controlling and there was no fraud or concealment found, the agreement was enforceable and New York law was deemed controlling as to the parties' division of assets.

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Radecki v. Radecki, FA980719691, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, March 4, 2003, Filed
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Overview: Where the continuation of a shared parenting plan had a detrimental effect upon the children, a split custody arrangement was appropriate and in the children's best interests; therefore, motions relating to relocation could be denied.

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Rinehart v. Kozera, CV010382957, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, March 4, 2003, Decided , March 4, 2003, Filed
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Overview: Leave to amend pleading to change day of alleged personal injury incident by 27 days was found to be impermissibly prejudicial to defendant and was denied.

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Russo Roofing v. Rottman, CV010072952, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF ANSONIA - MILFORD, AT MILFORD, March 4, 2003, Filed
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Overview: Trial court limited contractor's contractual attorney fees to statutory 15 percent limit, as money, property, or service that was subject of transaction was primarily for personal, family, or household purposes.

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State v. Cabral, (AC 21594), APPELLATE COURT OF CONNECTICUT, March 4, 2003, Officially Released
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Overview: Defendant was entitled to a new trial because the trial court violated defendant's state and federal constitutional rights by improperly permitting the State to impeach him with evidence of his post-arrest silence and request for an attorney.

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State v. Gonzalez, (AC 22374), APPELLATE COURT OF CONNECTICUT, March 4, 2003, Officially Released
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Overview: Testimony by worker of department of children and families and crisis counselor was improper since it was designed to arouse sympathies of jury. Crisis counselor's testimony was not admissible under medical treatment exception to hearsay rule.

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State v. Smith, (SC 16606), SUPREME COURT OF CONNECTICUT, March 4, 2003, Officially Released
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Overview: Defendant's statement to the police, that he did not kill the victim on purpose, was evidence that defendant acted with a lesser intent than that of the specific intent to kill and required a lesser-included offense instruction on manslaughter.

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Tang v. Bou-Fakhreddine, (AC 21539), APPELLATE COURT OF CONNECTICUT, March 4, 2003, Officially Released
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Overview: Trial court abused discretion in failing to award nominal damages under CUTPA for violations of Connecticut Home Improvement Act. Customer was not entitled to prejudgment interest on claim for damages proximately caused by contractor's negligence.

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Waterford Plaza One v. Radioshack Corp., X04CV020126507, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, COMPLEX LITIGATION DOCKET AT NEW LONDON, March 4, 2003, Decided , March 4, 2003, Filed
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Overview: Retailer's counterclaim, seeking money damages, and retailer's special defense, alleging that owner's summary process action was retaliatory, could not be maintained; claims for money damages could not be raised in the owner's summary process claim.

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