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Bertotti v. Commissioner of Correction
Connecticut Appellate Court · 2012-06-26 · cited 5×
The case involved Dario Bertotti appealing the denial of his habeas corpus petition, in which he claimed his trial counsel was ineffective for not properly advising him on an eight-year plea offer after his conviction for robbery and larceny. The habeas court denied the petition after finding the attorney's testimony credible and concluding there was no deficient performance or prejudice. The appellate court dismissed the appeal, determining that the petitioner failed to show the habeas court abused its discretion in denying certification to appeal, largely deferring to the lower court's credibility assessments and finding no constitutional violation.
criminal lawprocedure
State v. CARACOGLIA
Connecticut Appellate Court · 2012-03-13 · cited 5×
The case involved a self-represented defendant convicted after a court trial of two counts of the infraction of creating a public disturbance under General Statutes § 53a-181a (a)(1) and (2), arising from an October 2009 incident at a public kiosk in Middletown where he posted flyers, confronted a Chamber of Commerce member removing them, raised a hammer stapler threateningly, made physical contact with her arm, and engaged in loud and agitated behavior witnessed by police. The defendant appealed on multiple grounds, including facial vagueness of the statute, improper amendment of the information, failure to produce a 911 recording, denial of a jury trial, denial of compulsory process for witnesses, and insufficient evidence of the required mental state. The Appellate Court affirmed the trial court's judgment of conviction, holding that the statute was not facially vague under precedent from State v. Indrisano, that procedural and evidentiary claims lacked merit, and that the record contained ample evidence to support the findings of guilt beyond a reasonable doubt.
criminal lawfree speechprocedure
Biro v. Matz
Connecticut Appellate Court · 2011-11-29 · cited 14×
This case involved buyers of commercial real estate in Danbury who sued the sellers after learning that an addition to the warehouse lacked a certificate of occupancy, causing a subsequent sale to fall through; the buyers alleged breach of contract, negligent and intentional misrepresentation, fraudulent inducement, and a CUTPA violation based on contract language about compliance with local regulations. The trial court granted summary judgment to the sellers, and the appellate court affirmed. The core reasoning was that the sales contract's terms merged into and were superseded by the deed upon closing, the property was sold "as is" with no surviving representations the buyers could rely on, and CUTPA did not apply because the sellers were not engaged in the trade or commerce of selling real estate but were instead disposing of property incidental to their other activities.
propertybusiness & regulatorytorts & liability
In Re Gianni C.
Connecticut Appellate Court · 2011-05-31 · cited 4×
The case involved the termination of the parental rights of the respondent mother as to her two minor children, Gianni C. and Jada G., after the children were adjudicated uncared for and committed to the custody of the commissioner of children and families. The trial court found by clear and convincing evidence that the mother had failed to achieve a sufficient degree of personal rehabilitation under General Statutes § 17a-112 (j)(3)(B)(i), in light of her conviction and incarceration for first-degree robbery along with other factors affecting her ability to assume a responsible position in the children's lives, and that termination was in the children's best interests. The mother appealed, claiming the evidence did not support the rehabilitation finding. The appellate court affirmed, concluding that the trial court's determinations were not clearly erroneous given the record, witness testimony, and credibility assessments.
family law
State v. Bryan
Connecticut Appellate Court · 2011-02-15 · cited 1×
In State v. Bryan, the defendant was convicted after a jury trial of assault in the first degree and attempt to commit assault in the first degree, stemming from an incident in which he stabbed his girlfriend's former boyfriend in a school parking lot. The trial court merged the convictions and sentenced the defendant to six years in prison, but refused his request for a jury instruction on the defense of others under General Statutes § 53a-19. On appeal, the court held that the refusal was error because the evidence, including prior threats and violence by the complainant against the girlfriend and the events on the day in question, provided a basis from which a reasonable jury could conclude the defendant acted to defend her, even if the defenses were inconsistent. The judgment was reversed and the case remanded for a new trial.
criminal law
State v. Reynolds
Connecticut Appellate Court · 2011-02-01 · cited 9×
The case involved Donesque Charles Reynolds, who was convicted after a jury trial of conspiracy to commit identity theft and larceny, and then pleaded guilty to being a persistent serious felony offender under Connecticut law, leading to enhanced penalties. On appeal, Reynolds claimed violations of his right to a jury trial regarding the public interest determination for sentencing, improper denial of his motion to withdraw the guilty plea, and the trial court's failure to make the required statutory finding on whether extended incarceration was in the public interest. The court held that his guilty plea validly waived his right to a jury determination on both guilt and the public interest issue, and that the trial court did not abuse its discretion in denying the plea withdrawal. However, the appellate court found that the trial court had not made the necessary public interest finding as required by statute, leading to the vacation of the sentence enhancement and a remand for the trial court to make that determination as the fact finder.
criminal lawprocedure