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   State Courts - Connecticut - July 29, 2008

  
Schlichting v. Cotter, AC 28745, APPELLATE COURT OF CONNECTICUT, July 29, 2008, Officially Released
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Overview: Plaintiff sufficiently established that her use of a disputed parcel of realty was open and visible in order to show adverse possession because she built gardens and a stone wall on the disputed parcel, but she was erroneously awarded injunctive relief since monetary damages for the destroyed fence and garden provided an adequate remedy at law.

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State v. Dieudonne, AC 27960, APPELLATE COURT OF CONNECTICUT, July 29, 2008, Officially Released
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Overview: Conviction of interference with an officer, Conn. Gen. Stat. ? 53a-167a, was reversed and the sentence vacated because it was the same offense as assault on an officer, of which defendant was also convicted, and thus violated double jeopardy principals. Defendant's claim of instructional error was unpreserved for appellate review.

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State v. Everson, N07MCR042292981, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, GEOGRAPHICAL AREA 7 AT MERIDEN, July 29, 2008, Decided
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Overview: Defendant could be found guilty of underlying felony of risk of injury to minor in violation of Conn. Gen. Stat. ? 53a-21, and offense used to find him guilty of that crime, criminal use of firearm in violation of Conn. Gen. Stat. ? 53a-216(a); however, adverse verdict for criminal use of firearm was vacated to avoid improper double conviction.

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State v. Griggs, SC 18049, SUPREME COURT OF CONNECTICUT, July 29, 2008, Officially Released
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Overview: Trial court's instruction correctly informed jury on attempted murder and did not deprive defendant of rights under Fourteenth Amendment and Conn. Const. art. I, ? 8 to fair trial; it properly instructed jury that defendant's failure to act to help victim, in conjunction with taking victim's cell phone, strongly corroborated his criminal purpose.

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State v. Juan V., AC 28871, APPELLATE COURT OF CONNECTICUT, July 29, 2008, Officially Released
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Overview: The evidence was sufficient to sustain defendant's conviction for sexual assault in the first degree under Conn. Gen. Stat. ? 53a-70(a) as the child victim's testimony reasonably supported the inference that defendant penetrated the victim pursuant to Conn. Gen. Stat. ? 53a-65(2).

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State v. Legnani, AC 26840, APPELLATE COURT OF CONNECTICUT, July 29, 2008, Officially Released
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Overview: Convictions for violating Conn. Gen. Stat. ?? 53a-59(a)(1), 53a-217c(a)(1), 53a-216, 29-28 and 21a-279(c) were upheld because State presented sufficient evidence that defendant had owned Makarov gun, Makarov casing were found at scene, and casings were fired by a Makarov gun. Jury could have inferred barrel length from victim's description of gun.

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TD Banknorth, N.A. v. Norwich River, LLC, NO. CV 07 5101407, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON AT NORWICH, July 29, 2008, Filed
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Overview: As a lender sufficiently demonstrated that there was no genuine issue of material fact as to its ownership of a note and mortgage or as to the debtor's status as a defaulter, and the debtor's special defenses were legally insufficient, summary judgment was granted in favor of the lender.

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TD Banknorth, N.A. v. Norwich River, LLC, CV07510407, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON AT NORWICH, July 29, 2008, Filed
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Overview: Mortgagee's motion for partial summary judgment was granted as it made prima facie foreclosure case, and mortgagor's claim that interest reserve was retained by mortgagee for monthly interest payments that was not exhausted before filing suit was rejected as it did not attack making, validity, or enforcement of notes or mortgage.

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Thibodeau v. Am. Baptist Churches, CV030824616S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD AT HARTFORD, July 29, 2008, Decided, July 29, 2008, Filed
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Overview: Trial court lacked jurisdiction over claims alleging religious organization's refusal to recognize minister's ordination interfered with his ability to obtain work as a minister; pursuant to Conn. Const. art. I. ? 3, government could not inquire about whether religious organization should have recognized ordination or whether it treated him fairly.

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