The 2016 edition of Motion to Transfer has been posted to our research guides page.

• Posted in:
• Civil Procedure,
• Legal Research,
• Self-Help

SC19549 - State v. Benedict ("The sole issue in this certified appeal is whether the trial court deprived the defendant, Adam Benedict, of his right to a fair trial by denying his request to strike a juror for cause when the defendant had shown that the juror was a police officer with possible ties to the agency investigating the defendant's case. In his second trial, the jury, including the challenged juror, found the defendant guilty of one count of sexual assault in the fourth degree in violation of General Statutes § 53a-73a (a) (6), and not guilty of two additional counts under the same statute.The defendant appeals from the judgment of the Appellate Court affirming the trial court's judgment after concluding that the trial court properly had denied his challenge of the juror for cause.State v. Benedict, 158 Conn. App. 599, 620, 119 A.3d 1245 (2015).The defendant claims that the challenged juror's bias should have been conclusively presumed because the juror was a Southbury police officer who reported to a Connecticut state trooper and other Connecticut state troopers who investigated the defendant's criminal charges.We disagree and affirm the judgment of the Appellate Court.")

AC37947 - State v. Norman P. ("The defendant, Norman P., appeals from the judgment of conviction, rendered after a jury trial, of three counts of sexual assault in a spousal relationship in violation of General Statutes § 53a-70b, one count of assault of an elderly person in the second degree in violation of General Statutes § 53a-60b, and one count of assault of an elderly person in the third degree in violation of General Statutes § 53a-61a. On appeal, the defendant claims, among other things, that the trial court improperly (1) refused to admit into evidence full written statement to the police after portions of the statement had been introduced by the state, and (2) refused to mark for identification the complainant's privileged records from Interval House, an organization that provides counseling and other services to domestic violence victims, as well as declined to conduct an in camera inspection of these records. We agree that the court improperly excluded the defendant's complete statement to the police, and, accordingly, we reverse the judgment of conviction and remand the case for a new trial. Because one of the remaining evidentiary issues is likely to arise again on remand, we address that claim as well. To that end, we agree with the defendant that the court improperly refused to mark the Interval House records for identification and improperly refused to conduct an in camera review of the Interval House records after the defendant made the requisite threshold showing pursuant to State v. Esposito, 192 Conn. 166, 179–80, 471 A.2d 949 (1984).")

• Posted in:
• Criminal Law & Procedure,
• Recent Opinions

SC19731 - In re Daniel N. ("In this certified appeal, the petitioner, the Commissioner of Children and Families, appeals from the judgment of the Appellate Court reversing the judgment of the trial court terminating the parental rights of the respondent father, Jose N., to the minor child, Daniel N. Specifically, the petitioner claims that the Appellate Court improperly concluded that the failure to canvass the respondent prior to the commencement of the termination of parental rights trial in accordance with the rule promulgated pursuant to the exercise of our supervisory authority in In re Yasiel R., 317 Conn. 773, 120 A.3d 1188 (2015), applies retroactively to the present case and requires reversal. See In re Daniel N., 163 Conn. App. 322, 333, 135 A.3d 1260 (2016). Because we conclude that application of the canvass rule announced in In re Yasiel R. to the present case would exceed the scope of the exercise of our supervisory authority in that case, we reverse the judgment of the Appellate Court.")

• SC19731 Concurrence - In re Daniel N.

• Posted in:
• Juvenile Law,
• Recent Opinions

AC37238 - Bush v. Commissioner of Correction ("The petitioner, Dion Bush, appeals from the judgment of the habeas court denying his amended petition for a writ of habeas corpus as well as the denial of his petition for certification to appeal. The petitioner claims that the habeas court erred by not concluding that his appellate counsel in a prior habeas appeal was ineffective. Specifically, the petitioner argues that his prior habeas appellate counsel was ineffective by failing to properly brief issues on appeal relating to: (1) alleged ineffectiveness by the petitioner's criminal trial counsel for not moving to sever the petitioner's trial from that of his codefendant; and (2) an alleged conflict of interest by criminal trial counsel resulting from his representation of another client that rendered his representation of the petitioner ineffective.We conclude that the habeas court did not abuse its discretion in denying the petition for certification to appeal, and, accordingly, we dismiss the appeal.")

AC37496 - Giattino v. Commissioner of Correction ("The petitioner, Richard Giattino, appeals from the judgment of the habeas court denying his amended petition for a writ of habeas corpus. He claims that the habeas court erred when it (1) declined to conduct an in camera review of school records pertaining to the victim of the underlying crimes; and (2) rejected the petitioner's claim that his criminal trial counsel rendered ineffective assistance. We decline to reach the merits of the petitioner's first claim, and conclude that the habeas court did not err with regard to the second claim. We therefore affirm the judgment of the habeas court.")

AC38172 - Nieves v. Commissioner of Correction ("Following a grant of certification to appeal, the petitioner, Angel Nieves, appeals from the judgment of the habeas court denying his amended petition for a writ of habeas corpus. On appeal, the petitioner claims that the habeas court improperly concluded that he had not demonstrated that his trial counsel rendered ineffective assistance by failing to present an exculpatory statement made by a state's witness describing the perpetrator of the crime with which the petitioner was charged. We disagree and, accordingly, affirm the judgment of the habeas court.")

• Posted in:
• Habeas Corpus Law,
• Recent Opinions

AC38332 - Monroe v. Discover Property & Casualty Ins. Co. ("The plaintiff, the town of Monroe, appeals from the judgment of the trial court rendering summary judgment in favor of the defendant insurer, Discover Property and Casualty Insurance Company. The plaintiff claims that the court erred in holding that the allegations brought by a third party against the plaintiff in a prior action (underlying action) fell within an exclusion in the applicable policy, and, therefore, that the defendant had no duty to provide a defense to the plaintiff. We agree with the plaintiff and, accordingly, reverse the judgment of the trial court.")

• Posted in:
• Contract Law,
• Insurance Law,
• Recent Opinions