AC38851 - Thomson v. Dept. of Social Services ("The plaintiff, Kim Thomson, appeals from the judgment of the trial court granting the motion for summary judgment filed by the defendant, the Department of Social Services. On appeal, the plaintiff contends that the court improperly held that insufficient facts were presented to support a prima facie case for disability discrimination. We affirm the judgment of the trial court.")

• Posted in:
• Employment Law,
• Recent Opinions

AC38610,AC38657 - Simmons v. Weiss (Medical malpractice; motions to dismiss; motion to open judgment of dismissal; jurisdiction; "The defendants, Scott Weiss, Norwalk Hospital (hospital), and Scott Brown, appeal following the trial court's granting in part of the motion filed by the plaintiff, David Simmons, to open a prior judgment that had been rendered against him. On appeal, the defendants claim that the trial court improperly opened the judgment more than four months after it was rendered when no exception to the timeliness requirement existed. We conclude that the trial court did not have the authority to open the judgment. Accordingly, we reverse the trial court's ruling on the motion to open and remand the case with direction to dismiss the motion to open.")

• Posted in:
• Medical Malpractice Law,
• Recent Opinions

SC19694 - State v. Kelley (Violation of probation; probation revocation; certification from Appellate Court; "In this certified appeal, we address whether a trial court has subject matter jurisdiction over a probation violation charge that is adjudicated after the defendant's probation sentence was originally scheduled to expire. The trial court in the present case found that the defendant, Tyrone Lawrence Kelley, had violated his probation conditions and revoked his probation, but it did so after his probation sentence was originally set to expire. The defendant claimed before the Appellate Court that the trial court lacked subject matter jurisdiction when it decided the violation charge. The Appellate Court disagreed and affirmed the trial court's judgment. State v. Kelley, 164 Conn. App. 232, 242, 244, 137 A.3d 822 (2016). We conclude that the defendant's probation sentence had not expired at the time the trial court decided the violation charge because, pursuant to General Statutes § 53a-31 (b), the running of his sentence had been interrupted while the violation charge was pending. We therefore affirm the judgment of the Appellate Court.")

AC38967 - State v. Megos (Violation of probation; "The defendant, Zane R. Megos, appeals from the judgment of the trial court revoking his probation pursuant to General Statutes § 53a¬-32 and imposing a sentence of sixty months incarceration. On appeal, the defendant claims that the trial court: (1) erroneously found that he violated the conditions of his probation, (2) abused its discretion by admitting evidence of prior crimes that he had committed, and (3) abused its discretion by revoking his probation. We affirm the judgment of the trial court. ")

AC39077 - State v. Holmes (Felony murder; home invasion; conspiracy to commit home invasion; criminal possession of pistol or revolver; "The defendant, Evan Jaron Holmes, appeals from the judgment of conviction, rendered after a jury trial, of felony murder in violation of General Statutes § 53a-54c, home invasion in violation of General Statutes § 53a-100aa (a) (2), and conspiracy to commit home invasion in violation of General Statutes §§ 53a-48 (a) and 53a-100aa. The defendant also appeals from the judgment of conviction, rendered after a trial to the court, of criminal possession of a pistol or revolver in violation of General Statutes § 53a-217.

On appeal, the defendant claims that the trial court improperly (1) overruled his objection to the state's use of a peremptory challenge to strike an African-American prospective juror; (2) admitted a tape-recorded statement of a witness pursuant to State v. Whelan, 200 Conn. 743, 753, 513 A.2d 86, cert. denied, 479 U.S. 994, 107 S. Ct. 597, 93 L. Ed. 2d 598 (1986); and (3) permitted the state to cross-examine the defendant regarding his conversation with a police detective at the time of his arrest in violation of his right to remain silent. We are not persuaded by the defendant's claims on appeal and, thus, affirm the judgment of conviction.")

• AC39077 Concurrence - State v. Holmes

AC38468 - State v. Acampora (Assault of disabled person in third degree; disorderly conduct; "The defendant, Joseph C. Acampora, Jr., appeals from the judgment of conviction, rendered after a jury trial, of one count of assault of a disabled person in the third degree in violation of General Statutes § 53a-61a and one count of disorderly conduct in violation of General Statutes § 53a-182 (a) (1). The defendant was found not guilty of interfering with an emergency call in violation of General Statutes § 53a-183b. The defendant represented himself at trial. On appeal, the defendant claims that the trial court (1) violated his right to counsel under the sixth and fourteenth amendments to the United States constitution when it permitted him to represent himself without obtaining a valid waiver of his right to counsel and (2) violated his right to present a defense, as guaranteed by the sixth and fourteenth amendments to the United States constitution, when it denied his motion to open the evidence. We affirm the judgment of the trial court.")

AC39287 - State v. Jason B. (Motion to correct illegal sentence; "The defendant, Jason B., appeals from the judgment of the trial court dismissing the defendant's motion to correct an illegal sentence. The court dismissed the motion on the ground that the defendant failed to present a colorable claim that his sentence had been imposed in an illegal manner. The defendant claims this was error. We affirm the judgment of the trial court.")

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

AC38884 - Dejana v. Dejana ("The plaintiff, Wendy J. Dejana, appeals from the judgment of the trial court denying her post-judgment motion for contempt against the defendant, Michael Dejana. On appeal, the plaintiff claims that the court, in declining to hold the defendant in contempt, improperly interpreted the parties’ separation agreement, which had been incorporated into the judgment of dissolution. In support of this claim, the plaintiff argues that the court improperly determined that the separation agreement (1) required the defendant to pay unallocated alimony and child support based upon a percentage of his base salary and annual incentive cash bonus, and (2) permitted the defendant to use the entirety of the income he received from vested stock units, pursuant to his employer’s long-term incentive program, to fund the private college education of the parties’ son. We affirm the judgment of the court.")

AC38800 - Lugo v. Lugo ("The defendant, Teresa Lugo, appeals from the trial court’s judgment granting the postdissolution motion for modification filed by the plaintiff, William Lugo. On appeal, the defendant claims that the court erred in (1) granting the plaintiff’s motion for modification by awarding the plaintiff sole legal custody of the minor child, and (2) denying her motion in limine seeking to prevent consideration of the question of sole legal custody. We affirm the judgment of the trial court.")

• Posted in:
• Family Law,
• Recent Opinions

The Connecticut Law Journal for August 29, 2017 is now available.

Full issue: Vol. LXXIX, No. 9 (August 29,2017)

• 
  Table of Contents
• Volume 174 Conn. App. Replacement Pages 679 - 680
• Volume 326: Connecticut Reports (Pages 668 - 686)
• Volume 326: Cumulative Table of Cases Connecticut Reports
• Volume 175: Connecticut Appellate Reports (Pages 789 - 870)
• Volume 175: Cumulative Table of Cases Connecticut Appellate Reports
• Volume 176: Connecticut Appellate Reports (Pages 1 - 93)
• Volume 176: Cumulative Table of Cases Connecticut Appellate Reports
• Miscellaneous Notices

• Posted in:
• Connecticut Law Journal,
• Recent Opinions