The mission of the Connecticut Judicial Branch is to serve the interests of justice and the public by resolving matters brought before it in a fair, timely, efficient and open manner.

Foreclosure Law Appellate Court Opinion

   by Mazur, Catherine

 http://vvv.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=688

AC30037 - Citimortgage, Inc. v. Tanasi ("The defendants, Richard Tanasi and Athanasula S. Casberg Tanasi, appeal from the judgment of strict foreclosure rendered by the court in favor of the plaintiff, CitiMortgage, Inc. The defendants claim that the court erred in denying their motion to dismiss the foreclosure action because the plaintiff (1) lacked standing to commence foreclosure proceedings, (2) improperly relied on a document as a basis for standing, and (3) committed fraud warranting dismissal of the action with prejudice. We disagree and, accordingly, affirm the judgment of the trial court.")


Criminal Law Supreme and Appellate Court Opinions

   by Booth, George

 http://vvv.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=686

SC19760 - State v. Pelella (Threatening second degree; appeal by state on granting of permission; first amendment to United States constitution; "The defendant, Michael Pelella, was arrested following an altercation with his brother and charged with two counts of threatening in the second degree, one for threatening to commit a crime of violence with intent to terrorize under General Statutes (Rev. to 2013) § 53a-62 (a) (2), and the other for threatening to commit a crime of violence in reckless disregard of the risk of causing terror under General Statutes (Rev. to 2013) § 53a-62 (a) (3). The defendant subsequently filed a motion to dismiss the charges "for lack of sufficient evidence or cause," and the trial court granted the motion and rendered judgment dismissing the charges, concluding that the state would be unable to demonstrate that the statement by the defendant on which the charges were based constituted a "`true threat,'" a form of speech that is not protected by the first amendment to the United States constitution. Thereafter, the trial court granted the state's motion for permission to appeal, and the state now claims that the trial court improperly granted the defendant's motion to dismiss after (1) incorrectly determining that an expression of an intent to cause harm to another cannot constitute a true threat unless the contemplated harm is imminent or immediate, and (2) improperly viewing the evidence before it in the light most favorable to the defendant. We agree with both of these contentions, and, therefore, we also agree that the trial court improperly granted the defendant's motion to dismiss the charges. Accordingly, we reverse the judgment of the trial court and remand the case to that court with direction to deny the motion to dismiss.")

AC39337 - State v. Liam M. (Assault in second degree with dangerous instrument; disorderly conduct; "The defendant, Liam M., appeals from the judgment of conviction, rendered after a jury trial, of assault in the second degree with a dangerous instruement in violation of General Statutes § 53a-60 (a) (2) and disorderly conduct in violation of General Statutes § 53a-182 (a) (1). On appeal, the defendant claims that (1) his conviction for assault in the second degree should be reversed because there was insufficient evidence for the jury to determine that a polyvinyl chloride (PVC) pipe is a dangerous instrument within the meaning of General Statutes § 53a-3 (7), and (2) the trial court erred in denying his motion to suppress incriminating statements that he made to police on the ground that such statements should have been excluded as tainted fruit of an unconstitutional arrest. We agree that the trial court erred in denying the defendant’s motion to suppress, and, accordingly, we reverse the judgment of conviction as to both charged offenses.")

AC38860 - State v. Dayton (Operating motor vehicle while under influence of intoxicating liquor or drugs; failure of defendant to appear at sentencing; "The defendant, Stacey Dayton, appeals from the judgment of conviction, rendered after a plea of nolo contendere, of operating a motor vehicle while under the influence of intoxicating liquor or drugs in violation of General Statutes (Rev. to 1995) § 14-227a. On appeal, the defendant claims that the court improperly (1) denied his motion to dismiss, and (2) accepted his plea when it was not knowingly, intelligently or voluntarily made. The state disagrees with the defendant on the merits of this appeal and also contends that this appeal is subject to dismissal pursuant to the fugitive felon disentitlement doctrine. We disagree that this appeal should be dismissed and agree with the defendant's first claim. Accordingly, we reverse the judgment of the trial court.")


Habeas Appellate Opinions

   by Townsend, Karen

 http://vvv.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=687

AC38803 - Santos v. Commissioner of Correction ("The petitioner claims that the habeas court abused its discretion in denying his petition for certification to appeal because it improperly concluded that (1) the prosecutor in his criminal trial did not knowingly present false or misleading testimony against him, and (2) his trial defense counsel did not render ineffective assistance of counsel. We dismiss the appeal.")

AC38946 - Walker v. Commissioner of Correction ("On appeal, the petitioner claims that the court improperly concluded that (1) his defense counsel did not have an actual conflict of interest at the time of his representation of the petitioner and (2) he abandoned his due process claim that he was denied his right to be present at an in-chambers conference. We affirm the judgment of the habeas court.")



New Course: Practical Skills & Resources for Drafting Effective Motions in Connecticut

   by Mazur, Catherine

 http://vvv.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=683

Law Library Services is offering a course on effective motion drafting in the Windham J.D: Practical Skills & Resources for Drafting Effective Motions in Connecticut.

Well drafted motions and pleadings can be powerful and persuasive tools. Whether you are newly admitted or an experienced practitioner, strong legal drafting skills are essential to the effective practice of law.

  • Explore practical and invaluable resources and services available through the courthouse law libraries
  • Enhance your motion practice skills
  • Identify sources of sample forms to assist you in drafting persuasive motions and pleadings
  • Increase your knowledge and understanding of the courthouse law library collections, both print and electronic

The course will be held at the Putnam Superior Court on Monday, November 13, 2017 from 2:00 p.m. - 4:15 p.m. To RSVP, email your name and contact information to lawlibraryservices@jud.ct.gov

Please see the flyer for more information, including the MCLE Notice.