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=3157

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

State Law Regarding Homeschooling Students In Other States - 2018-R-0164
This report provides a summary of homeschooling laws in 12 states including Connecticut.

Inmate Wages - 2018-R-0179
This report provides a summary of the laws in Connecticut regarding inmate wages for work they perform while imprisoned and how do inmate pay rates in Connecticut compare to other states?

Massachusetts' Negating Archaic Statutes Targeting Young Woman Act - 2018-R-0198
This report provides a brief summary of a recently enacted Massachusetts abortion law: The Negating Archaic Statutes Targeting Young Women Act ("NASTY Women Act"), and could Connecticut adopt similar legislation?

Issue Brief: Service Animals And The Law - 2018-R-0199
This report describes service animals and the law.

Municipal Responsibility For Renters' Rebate Program Costs - 2018-R-0197
This report discusses municipal responsibility for renters' rebate program costs.

Connecticut's Animal Cruelty Laws - 2018-R-0215
This report summarizes Connecticut's animal cruelty laws.


Family Law Appellate Court Opinion

   by Roy, Christopher

 http://vvv.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3156

AC40172 - Merk-Gould v. Gould ("The defendant, Robert F. Gould, Jr., appeals from the judgment of the trial court dissolving his marriage to the plaintiff, Linda Merk-Gould, and entering certain financial and property orders. On appeal, the defendant claims that the court: (1) improperly ordered tax-free alimony to the plaintiff; (2) erroneously found that the defendant had an annual earning capacity of $200,000; (3) improperly awarded the plaintiff 60 percent of the pretax amount of the defendant’s pension; (4) abused its discretion in valuing the defendant’s interests in several private equity companies on the basis of the cost of the assets at the time of purchase, rather than the value of the assets as of the date of the dissolution; (5) abused its discretion in awarding the plaintiff attorney’s fees; and (6) abused its discretion in denying his motion for a mistrial. Because we agree with the defendant’s second and fourth claims, we reverse in part the judgment of the trial court and remand the case for a new trial on the financial and property orders.")


Criminal Law Supreme and Appellate Court Opinions

   by Roy, Christopher

 http://vvv.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3155

SC19649 - State v. Harris ("The sole issue presented by this appeal is whether the trial court deprived the defendant, Ernest Harris, of his right to due process under the federal and state constitutions when it denied his motion to suppress an out-of-court and subsequent in-court identification of him by an eyewitness to the crimes of which the defendant was convicted. The defendant was charged with felony murder and first degree robbery, among other crimes, after he and an accomplice, Emmitt Scott, allegedly robbed Ruben Gonzalez (victim) and Jose Rivera at gunpoint and Scott shot and killed the victim. The trial court denied the defendant's pretrial motion to suppress an identification that Rivera had made of the defendant while the defendant was being arraigned in an unrelated robbery case, as well as any in-court identification that Rivera might later be asked to make of the defendant. Following a trial, the jury found the defendant guilty of one count each of felony murder and conspiracy to commit robbery in the first degree, and two counts of robbery in the first degree. On appeal, the defendant claims that the trial court violated his due process rights under the federal constitution by denying his motion to suppress Rivera's out-of-court and in-court identifications of him because, contrary to the conclusion of the trial court, the former was the product of an unnecessarily suggestive procedure and neither was reliable. The defendant further claims that, even if the state's use of Rivera's out-of-court and in-court identifications did not violate his due process rights under the federal constitution, the admission of those identifications violated his due process rights under the state constitution, which, the defendant contends, are more protective than his federal due process rights. Although we agree with the defendant that the out-of-court identification procedure was unnecessarily suggestive, we also conclude that Rivera's identification of the defendant was nevertheless sufficiently reliable to satisfy federal due process requirements. Accordingly, for purposes of the federal constitution, the defendant was not entitled to suppression of those identifications. We further conclude that the due process guarantee of the state constitution in article first, § 8, provides somewhat broader protection than the federal constitution with respect to the admissibility of eyewitness identification testimony but that, in the present case, the trial court's failure to apply the state constitutional standard that we adopt today was harmless because the court reasonably could not have reached a different conclusion under that more demanding standard. We therefore affirm the judgment of the trial court."

AC40512 - State v. Carney ("The defendant, Jonathan W. Carney, appeals from the judgment of the trial court denying his motion to correct an illegal sentence. The defendant claims that the court improperly (1) concluded that the sentencing court properly construed General Statutes § 17a-566 as limiting the Department of Mental Health and Addiction Services (DMHAS) to a recommendation as to the appropriate place of confinement only and, therefore, properly declined to consider information provided by Whiting Forensic Division (Whiting) at the § 17a-566 hearing when it imposed the sentence; and (2) failed to conclude that the sentencing court relied on inaccurate information provided by Whiting. We disagree and, accordingly, affirm the judgment of the trial court.")

AC40995 - State v. Durdek ("The defendant, Steven Robert Durdek, appeals from the judgment of conviction, rendered after a jury trial, of murder in violation of General Statutes § 53a-54a, felony murder in violation of General Statutes § 53a-54c, burglary in the first degree in violation of General Statutes § 53a-101 (a) (2), sexual assault in the first degree in violation of General Statutes § 53a-70 (a) (1), arson in the first degree in violation of General Statutes § 53a-111 (a) (1), and tampering with physical evidence in violation of General Statutes § 53a-155 (a) (1). The defendant’s sole claim on appeal is that the trial court improperly restricted his cross-examination of a state’s witness by preventing him, for purposes of impeachment, from asking the witness about misconduct that he allegedly had committed as a juvenile. Because the defendant failed to make an offer of proof regarding how the witness would have responded to any question about the alleged misconduct, we conclude that the record is inadequate to review that claim and, accordingly, affirm the judgment of conviction.")


Workers' Compensation Appellate Court Opinion

   by Townsend, Karen

 http://vvv.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3154

AC39993 - Diaz v. Dept. of Social Services ("On appeal, the plaintiff claims that the board improperly: (1) affirmed the commissioner’s finding and dismissal; (2) affirmed the commissioner’s denial of the plaintiff’s motion to correct the finding; and (3) denied the plaintiff’s motion to submit additional evidence. We affirm the decision of the board… the plaintiff characterizes this evidence as ‘‘new evidence,’’ the documents that the plaintiff sought to submit as additional evidence were in existence in 2010, approximately four years before the formal hearing on her workers’ compensation claim commenced in 2014. In light of this, we conclude that the board reasonably could have concluded that the plaintiff did not demonstrate that she had good reason for not presenting such evidence to the commissioner. The board did not abuse its discretion in denying the plaintiff’s motion to submit additional evidence.")


Habeas Appellate Law Opinion

   by Townsend, Karen

 http://vvv.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3153

AC39952 - Chance v. Commissioner of Correction (Claim of ineffective assistance by failing to file motion to suppress incriminating statements and failing to present to trial court jury instructions; "On appeal, the petitioner claims that the habeas court (1) abused its discretion in denying his petition for certification to appeal from the denial of his second amended petition, and (2) improperly concluded that he failed to establish that his trial counsel rendered ineffective assistance. We conclude that the habeas court did not abuse its discretion in denying the petition for certification to appeal and, accordingly, dismiss the petitioner’s appeal.")