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.

New Office of Legislative Research Reports

   by Mazur, Catherine

 http://vvv.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=2985

The Office of Legislative Research has recently published the following reports:

Federal and State Taxes on Capital Gains - 2018-R-0101
This report briefly explains capital gains and how they are taxed for personal income tax purposes by the federal government, Connecticut, and Massachusetts.

School Resource Officers - 2018-R-0094
This report identifies towns in Connecticut utilizing school resource officers in their public schools and the associated costs for those officers.

sHB 5305: An Act Concerning a Request for Proposals to Qualify an Entity to Develop a Casino Gaming Facility in the State - 2018-R-0109
This report analyzes sHB 5305, which was reported favorably by the Public Safety and Security Committee on March 16, 2018.

Animal Cruelty Cases in Connecticut (2007-2017) - 2018-R-0111
This report summarizes Connecticut's primary animal cruelty statute (CGS sec. 53-247) and provides the outcome of offenses brought under it from 2007 through 2017.

Restraining Pregnant Inmates - 2018-R-0082
This report summarizes state laws and currently proposed legislation on the use of restraints on pregnant women in correctional facilities, including during transportation, labor, delivery, and postpartum recovery.



Property Law Supreme Court Opinion

   by Zigadto, Janet

 http://vvv.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=2983

SC19891 - FirstLight Hydro Generating Co. v. Stewart (Trepass; "This appeal arises from an action in which the plaintiff . . . alleged that the defendants . . . were trespassing on property that the plaintiff owned along the shore of Candlewood Lake (lake). The trial court rendered judgment for the plaintiff in part. On appeal, the defendants claim that (1) there was insufficient evidence to prove the plaintiff's ownership of the subject property, and (2) the trial court abused its discretion by ordering injunctive relief that was overly broad and exceeded the scope of the relief sought by the plaintiff. We conclude that there is sufficient evidence to support the trial court's finding that the plaintiff owned the subject property and, thus, that the trial court properly found that the defendants had trespassed on the plaintiff's property. We further conclude that the scope of the trial court's injunctive relief is not overly broad. Accordingly, we affirm the judgment of the trial court.")


Family Law Appellate Court Opinion

   by Roy, Christopher

 http://vvv.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=2982

AC39014 - Steller v. Steller ("The plaintiff, Linda Steller, appeals from the judgment of the trial court modifying the alimony, life insurance, and disability insurance obligations of the defendant, Rodney Steller. The plaintiff claims that the trial court: (1) improperly determined that the defendant’s earning capacity was less than his actual income and then based its alimony order on that determination; (2) made clearly erroneous findings, which were unsupported by the evidence, regarding the defendant’s gross and net earning capacities, her earning capacity, and the amount she would receive from the purported sale of the defendant’s dental practice later that year; (3) failed to apply the proper legal principles, in accordance with General Statutes § 46b-82 and relevant case law, for resolving a motion for modification of alimony; and (4) abused its discretion by lowering the defendant’s disability and life insurance obligations. We agree with the plaintiff on the second claim and reverse the judgment of the trial court.")


Attorney Discipline Law Supreme Court Opinion

   by Roy, Christopher

 http://vvv.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=2980

SC19892 - Disciplinary Counsel v. Hickey ("After the defendant, Thomas J. Hickey, voluntarily resigned from the bar of this state, he filed an application for reinstatement, and the plaintiffs, Disciplinary Counsel, and the Statewide Grievance Committee (committee), filed motions to dismiss the defendant’s application for reinstatement. The issue that we must resolve in this appeal is whether the trial court properly granted the plaintiffs’ motions to dismiss the defendant’s application for reinstatement to the bar on the ground that the defendant had resigned from the bar and waived his right to apply for reinstatement. The defendant contends that the trial court incorrectly determined that the portion of Practice Book § 2-53 (b) providing that ‘[n]o attorney who has resigned from the bar and waived the privilege of applying for readmission or reinstatement to the bar at any future time hall be eligible to apply for readmission or reinstatement to the bar,’ which became effective January 1, 2014, applied retroactively to his application for reinstatement filed in 2012. The defendant also claims that, under Practice Book (2012) § 2-53 (a), which, according to him, is the rule of practice that the trial court should have applied to his application, the court had no authority to entertain the plaintiffs’ motions to dismiss on the ground that he was ineligible to apply for reinstatement but, rather, was required to forward his application to a standing committee on recommendations for admission to the bar (standing committee) for a determination of that issue.

We conclude that the trial court correctly determined that the defendant was ineligible to apply for reinstatement to the bar as the result of his voluntary resignation and waiver of his right to apply for reinstatement, regardless of whether Practice Book § 2-53 (b) is retroactive. We further conclude that the trial court was not required to forward the defendant’s application to a standing committee and properly granted the plaintiffs’ motions to dismiss. We therefore affirm the judgment of the trial court.")