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.

Law Library Hours Update: November21st - November 24th

   by Dowd, Jeffrey

 http://www.jud.state.ct.us/lawlib/LawLibNews/Posts/Post.aspx?Id=764

Tuesday November 21st

  • Middletown Law Library closes at 2:30 p.m.

Wednesday November 22nd

  • Danbury Law Library is closed all day.
  • Hartford Law Library opens at 12:30 p.m. and closes at 4:30 p.m.
  • Putnam Law Library is closed all day.
  • Torrington Law Library opens at 1:00 p.m.

Thursday November 23rd

  • All Connecticut Judicial Branch Law Libraries are closed in observance of Thanksgiving.

Friday November 24th

  • Bridgeport Law Library is closed.
  • Danbury Law Library is closed.
  • New Britain Law Library is closed.
  • New London Law Library is closed.
  • Rockville Law Library is closed.
  • Stamford Law Library is closed.


Connecticut District Court Proposed Local Civil Rule Changes

   by Zigadto, Janet

 http://www.jud.state.ct.us/lawlib/LawLibNews/Posts/Post.aspx?Id=763

The U.S. District Court of Connecticut has posted a notice regarding proposed revisions to the court's local rules. The following rules have proposed revisions:

Local Civil Rule 30 Depositions

Local Civil Rule 67 Deposit Of Funds In Court Registry

Local Civil Rule 68 Offers of Judgment and Compromise

Local Civil Rule 77.1 Entry of Orders and Judgments; Miscellaneous

Local Civil Rule 79 Docket Numbers

Local Civil Rule 80 Court Reporters

Local Civil Rule 81 Naturalization Sessions of the Court

Local Civil Rule 83.1 Admission of Attorneys

Local Civil Rule 83.2 Discipline of Attorneys

Local Civil Rule 83.3 Security for Costs

Local Civil Rule 83.5 Secrecy of Jury Deliberation and Grand Jury Proceedings

Local Civil Rule 83.6 Removal of Papers and Exhibits

Local Civil Rule 83.7 Transfer of Cases to Another District or Upon Remand to a

State Court

Local Civil Rule 83.8 Orders for Extension of Filing Record on Appeal

Local Civil Rule 83.9 Law Student Internship Rules

Local Civil Rule 83.10 Civil Pro Bono Panel (both redlined and clean copy attached)

Local Civil Rule 83.12 Auxiliary Orders

Civil Appendix Form 26(F) Report Of Parties’ Planning Meeting



Contract Law Appellate Court Opinion

   by Roy, Christopher

 http://www.jud.state.ct.us/lawlib/LawLibNews/Posts/Post.aspx?Id=762

AC39034 - Beck & Beck, LLC v. Costello ("The defendant, James T. Costello, appeals from the trial court’s dismissal of his amended counterclaims and cross claims against the plaintiff, Beck & Beck, LLC, and the counterclaim defendant, Kenneth A. Beck. On appeal, the defendant argues that the court erroneously dismissed his counterclaims and cross claims for lack of standing after finding that the claims belonged to his bankruptcy estate and not to him. We disagree, and accordingly, affirm the judgment of the trial court.")


Attorney Misconduct Appellate Court Opinion

   by Mazur, Catherine

 http://www.jud.state.ct.us/lawlib/LawLibNews/Posts/Post.aspx?Id=761

AC39856 - Picard v. Guilford House, LLC ("This matter comes before this court on a writ of error brought by the plaintiff in error, Linda Lehmann, former attorney for the plaintiff in the underlying action, Angela Picard. The plaintiff in error challenges the order of the trial court, Miller, J. imposing financial sanctions upon her for misconduct while conducting an out-of-state deposition in the underlying action. We conclude that the court did not abuse its discretion in imposing the challenged sanctions. Accordingly, we dismiss the writ of error.")


Criminal Law Supreme and Appellate Court Opinions

   by Booth, George

 http://www.jud.state.ct.us/lawlib/LawLibNews/Posts/Post.aspx?Id=760

SC19678 - State v. Urbanowski (Assault second degree; breach of peace second degree; strangulation second degree; threatening second degree; certification from Appellate Court; "After examining the entire record on appeal and considering the briefs and oral arguments of the parties before this court, we have determined that the judgment of the Appellate Court should be affirmed. We do not consider whether the Appellate Court properly concluded that the trial court had abused its discretion in admitting the uncharged misconduct evidence because we agree that any such error would be harmless for the reasons given by the Appellate Court. Because the Appellate Court's well reasoned opinion fully addresses the certified question, it would serve no purpose for us to repeat the discussion contained therein. We therefore adopt the Appellate Court's opinion as the proper statement of the issue of harmlessness and the applicable law concerning that issue. See, e.g., Recall Total Information Management, Inc. v. Federal Ins. Co., 317 Conn. 46, 51, 115 A.3d 458 (2015)

The judgment of the Appellate Court is affirmed.")

AC39878 - State v. Eddie N. C. (Risk of injury to child; sexual assault in first degree; "The defendant, Eddie N. C., appeals from the judgment of conviction, rendered after a jury trial, of three counts of sexual assault in the first degree in violation of General Statutes § 53a-70 (a) (2); three counts of risk of injury to a child in violation of General Statutes § 53-21 (a) (2); and one count of risk of injury to a child in violation of General Statutes § 53-21 (a) (1). The defendant claims that the trial court improperly admitted (1) prior misconduct testimony, (2) statements made by the victim, A, to her mother, treating physicians, and a social worker under the medical diagnosis and treatment exception to the hearsay rule, and (3) opinion evidence regarding the ultimate issue of whether A had been sexually assaulted, which the defendant claims constitutes plain error. We disagree and, accordingly, affirm the judgment of the trial court.")

AC36250 - State v. Bialowas (Manslaughter in second degree; evasion of responsibility in operation of motor vehicle in violation of statute ([Rev. to 2009] § 14-224 [a]); "The defendant was convicted of manslaughter in the second degree in violation of General Statutes § 53a-56 and evasion of responsibility in the operation of a motor vehicle in violation of General Statutes (Rev. to 2009) § 14-224 (a). He was sentenced to twenty years of imprisonment, execution suspended after fifteen years, followed by five years of probation. He appealed, claiming that the trial court committed plain error by failing to instruct the jury that a defendant's reasonable fear of harm from the victim would be a defense to the charge of failing to stop and render assistance under § 14-224 (a). This court affirmed the defendant's conviction, holding that he had waived his challenge to the evasion of responsibility jury instruction under State v. Kitchens, 299 Conn. 447, 10 A.3d 942 (2016). See State v. Bialowas, 160 Conn. App. 417, 125 A.3d 642 (2015), remanded, 325 Conn. 917, 163 A.3d 1204 (2017). The defendant filed a petition for certification to the Supreme Court, arguing that this court improperly failed to conduct a plain error review of his claim of error with respect to the evasion of responsibility instruction. While the petition was pending, our Supreme Court released its decision in State v. McClain, 324 Conn. 802, 812, 155 A.3d 209 (2017), holding that a Kitchens waiver does not preclude appellate relief under the plain error doctrine. Thus, the Supreme Court granted the defendant's petition and remanded the matter to this court. State v. Bialowas, 325 Conn. 917, 163 A.3d 1204 (2017). In light of McClain, we review the defendant's claim pursuant to the plain error doctrine and, accordingly, affirm the judgment of the trial court.")


Habeas Appellate Court Opinion

   by Townsend, Karen

 http://www.jud.state.ct.us/lawlib/LawLibNews/Posts/Post.aspx?Id=757

AC38958 - Crocker v. Commissioner of Correction ("In his petition, he alleged that he illegally was placed in administrative segregation. The petitioner is now incarcerated in a facility in Massachusetts and thus no longer in administrative segregation in Connecticut. Because the petitioner has failed to establish that this court could provide him any practical relief in reviewing his claim, we conclude that his appeal is moot. Accordingly, the appeal is dismissed.")


Landlord/Tenant Law Appellate Court Opinion

   by Mazur, Catherine

 http://www.jud.state.ct.us/lawlib/LawLibNews/Posts/Post.aspx?Id=759

AC39220 - Housing Authority v. Rodriguez ("The defendant Romana Sanchez Rodriguez appeals from the judgment of the trial court rendered in favor of the plaintiff, the Housing Authority of the Town of Greenwich (housing authority), on its summary process complaint. On appeal, the defendant claims that the court did not have jurisdiction to hear the plaintiff's case because the plaintiff failed to serve her with a second pretermination notice pursuant to General Statutes § 47a-15, and that a grievance hearing decision barred the plaintiff from evicting her on the basis of alleged lease violations described in a prior pretermination notice that the plaintiff served on her within six months of the notice to quit. We disagree. Accordingly, we affirm the judgment of the court.")


Juvenile Law Appellate Court Opinions

   by Townsend, Karen

 http://www.jud.state.ct.us/lawlib/LawLibNews/Posts/Post.aspx?Id=758

AC40202 - In re Jacob W. (Termination of parental rights; "On appeal, the petitioner challenges the trial court’s conclusion that she had failed to prove the nonexistence of an ongoing parent-child relationship by clear and convincing evidence as required by General Statutes § 45a-717 (g) (2) (C).3 The petitioner argues, inter alia, that the trial court applied the incorrect legal test to determine whether such a relationship exists by focusing on the respondent’s actions rather than the children’s feelings.4 We agree that the trial court applied the incorrect test because the court legally and logically cannot have found both that a parent-child relationship exists and that the custodians prevented such a relationship from existing. Moreover, even under the test as applied, the trial court’s conclusions are inconsistent. Accordingly, we reverse the judgments of the trial court and remand the case for a new trial.")

AC40517 - In re Damian G. (Termination of parental rights; “The respondent claims that the court erroneously found that: (1) she failed to rehabilitate and (2) the termination of her parental rights was in the best interests of the children. We affirm the judgments of the trial court... The respondent has failed to demonstrate that any of the court’s findings were clearly erroneous. The court’s best interest determination rests on a variety of findings, several of which are not challenged on appeal.”)


Law Library Hours Update: November 15th - November 24th

   by Dowd, Jeffrey

 http://www.jud.state.ct.us/lawlib/LawLibNews/Posts/Post.aspx?Id=754

Friday November 17th

  • Torrington Law Library is open 10:00 a.m. - 4:30 p.m.
  • Waterbury Law Library is closed.

Monday November 20th

  • Torrington Law Library is open from 9:30 a.m. - 4:30 p.m.

Wednesday November 22nd

  • Danbury Law Library is closed all day.
  • Hartford Law Library opens at 12:30 p.m.
  • Putnam Law Library is closed all day.
  • Torrington Law Library opens at 1:00 p.m.

Thursday November 23rd

  • All Connecticut Judicial Branch Law Libraries are closed in observance of Thanksgiving.

Friday November 24th

  • Bridgeport Law Library is closed.
  • Danbury Law Library is closed.
  • New Britain Law Library is closed.
  • New London Law Library is closed.
  • Rockville Law Library is closed.
  • Stamford Law Library is closed.




New Office of Legislative Research Reports

   by Mazur, Catherine

 http://www.jud.state.ct.us/lawlib/LawLibNews/Posts/Post.aspx?Id=756

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

Displaced Children from Puerto Rico and the Federal McKinney-Vento Act - 2017-R-0250
This report summarizes the procedures and policies necessary to comply with the federal McKinney-Vento Homeless Education Assistance Improvement Act regarding displaced children arriving in Connecticut from Puerto Rico.

OLR Backgrounder: Cigarette and Tobacco Taxes - 2017-R-0110
This report briefly explains Connecticut's cigarette and tobacco products taxes and how they compare to similar taxes in surrounding states.

Price Gouging During Severe Weather - 2017-R-0275
This report summarizes the state law prohibiting price gouging during a severe weather event.

Issue Brief: Temporary Family Assistance - 2017-R-0271
This issue brief explains Temporary Family Assistance in Connecticut, including program structure, program financing, and eligibility requirements.


Summary of 2017 Public Acts

   by Booth, George

 http://www.jud.state.ct.us/lawlib/LawLibNews/Posts/Post.aspx?Id=755

The Office of Legislative Research has published its Summary of 2017 Public Acts. This 402 page book summarizes "...all public acts and one resolution act passed during the Connecticut General Assembly’s September 2016 Special Session and the 2017 Regular Session." A listing of all the 2017 vetoed acts is on page 5 and a table of criminal fines and penalties is on page 6.


Contract Law Supreme Court Opinion

   by Booth, George

 http://www.jud.state.ct.us/lawlib/LawLibNews/Posts/Post.aspx?Id=753

SC19574 - CCT Communications, Inc. v. Zone Telecom, Inc.("The plaintiff, CCT Communications, Inc., appeals from the judgment of the trial court rendered in favor of the defendant, Zone Telecom, Inc., on the plaintiff's complaint and the defendant's counterclaim for damages and declaratory judgment. The case arises from a purchase agreement entered into by the parties in which the plaintiff was to provide various equipment, software, and services to the defendant for a telecommunications switch room located in Los Angeles, California. On appeal, the plaintiff claims that the trial court incorrectly rendered judgment in favor of the defendant on the plaintiff's complaint and the defendant's counterclaim. Specifically, the plaintiff asserts that the trial court incorrectly (1) concluded that it breached the purchase agreement by filing a petition for bankruptcy protection under chapter 11 of the United States Bankruptcy Code (bankruptcy code); see 11 U.S.C. § 1101 et seq. (2012); (2) determined that a letter from the defendant dated February 5, 2007, was an effective exercise of the defendant's right to terminate the purchase agreement, (3) failed to award the plaintiff certain damages on count one of its complaint, and (4) awarded the defendant damages, costs, and attorney's fees in excess of a limitation of liability clause in the purchase agreement. We agree that the trial court incorrectly concluded that the plaintiff's bankruptcy petition constituted a breach of the purchase agreement and permitted the defendant to terminate that agreement. We therefore reverse the judgment of the trial court.")


Law Library Hours Update: November 13th - November 17th

   by Dowd, Jeffrey

 http://www.jud.state.ct.us/lawlib/LawLibNews/Posts/Post.aspx?Id=751

Tuesday November 14th

  • Hartford Law Library is closed.

Wednesday November 15th

  • Torrington Law Library is open from 9:00 a.m. - 3:30 p.m.

Thursday November 16th

  • Rockville Law Library is closed all day.
  • Danbury Law Library is closed 9:00 a.m. - 10:30 a.m.

Friday November 17th

  • Torrington Law Library is open 10:00 a.m. - 4:30 p.m.
  • Waterbury Law Library is closed.


Connecticut Law Journal - November 14, 2017

   by Roy, Christopher

 http://www.jud.state.ct.us/lawlib/LawLibNews/Posts/Post.aspx?Id=752

The Connecticut Law Journal, Volume LXXIX, No. 20, for November 14, 2017 is now available.

Contained in this issue is the following:

  • Table of Contents
  • Volume 327: Orders (Pages 932 - 956)
  • Volume 327: Cumulative Table of Cases Connecticut Reports
  • Volume 178: Connecticut Appellate Reports (Pages 63 - 111)
  • Volume 178: Memorandum Decisions (Pages 901 - 902)
  • Volume 178: Cumulative Table of Cases Connecticut Appellate Reports
  • Notices of Connecticut State Agencies


Law Library Hours Update: November 10th - November 17th

   by Dowd, Jeffrey

 http://www.jud.state.ct.us/lawlib/LawLibNews/Posts/Post.aspx?Id=750

Monday November 13th

  • Hartford Law Library is closed.
  • New Britain Law Library is closed 1:00 p.m. - 3:30 p.m.
  • Rockville Law Library is closed after noon.
  • Torrington Law Library is open from 9:30 a.m. - 4:30 p.m.

Wednesday November 15th

  • Torrington Law Library is open from 9:00 a.m. - 3:30 p.m.

Thursday November 16th

  • Rockville Law Library is closed all day.
  • Danbury Law Library is closed 9:00 a.m. - 10:30 a.m.

Friday November 17th

  • Torrington Law Library is open 10:00 a.m. - 4:30 p.m.
  • Waterbury Law Library is closed.




Foreclosure Appellate Court Opinion

   by Mazur, Catherine

 http://www.jud.state.ct.us/lawlib/LawLibNews/Posts/Post.aspx?Id=747

AC40186 - Sovereign Bank v. Licata ("In this protracted foreclosure matter, the defendant Cynthia Licata appeals following the trial court's denial of her motion asking the court to clarify the 'status' of a judgment of strict foreclosure that was rendered orally in open court, more than ten years earlier, and from the trial court's order making copies of the transcripts of the relevant underlying proceedings a part of the court file. The plaintiff Seven Oaks Partners, LP, filed a motion to dismiss the appeal on the ground that this court lacks subject matter jurisdiction because the appeal is moot and the decisions from which the defendant appealed do not constitute appealable final judgments. The defendant opposes the motion to dismiss. Because we agree that there is no practical relief that can be afforded to the defendant in this matter due to the fact that title to the property at issue has long since passed unconditionally to the plaintiff, we grant the plaintiff's motion and dismiss the appeal as moot.")


Habeas Appellate Court Opinion

   by Townsend, Karen

 http://www.jud.state.ct.us/lawlib/LawLibNews/Posts/Post.aspx?Id=748

AC39429 - Kellman v. Commissioner of Correction ("On appeal, the petitioner claims that the habeas court improperly rejected his claims of ineffective assistance of trial counsel. Specifically, he asserts that his trial counsel, Richard Silverstein, rendered ineffective assistance because he (1) failed to meaningfully present and explain the state’s pretrial plea offers and (2) failed to consult with or present an expert at the petitioner’s trial regarding the extreme emotional disturbance defense. For the reasons set forth herein, we affirm the judgment of the habeas court.")


Criminal Law Appellate Court Opinion

   by Booth, George

 http://www.jud.state.ct.us/lawlib/LawLibNews/Posts/Post.aspx?Id=746

AC39621 - State v. Myers (Murder; "It has been long settled in our appellate procedure that an appellant must raise and analyze in his first and principal brief any matters necessary for the determination of his appeal, and cannot do so for the first time in his reply brief. The defendant, Ricardo O. Myers, was convicted, after a jury trial, of murder in violation of General Statutes § 53a-54a and two counts of assault in the first degree in violation of General Statutes § 53a-59 (a) (5). On appeal, the defendant claims that the trial court erred in excluding the video interview of a witness who was unavailable to testify. Because the defendant failed to brief any analysis of how the alleged erroneous ruling was harmful, until he filed a reply brief, his claim is unreviewable. Accordingly, we affirm the judgment of the trial court.")


New Office of Legislative Research Reports

   by Mazur, Catherine

 http://www.jud.state.ct.us/lawlib/LawLibNews/Posts/Post.aspx?Id=745

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

School Bus Idling Law - 2017-R-0184
This report summarizes Connecticut's school bus idling law.

Schedule for Paying Property Taxes - 2017-R-0235
This report explains muncipalities' authority to schedule property tax assessments and adopt payment schedules for different groups of taxpayers.

No-Excuse Absentee Voting - 2017-R-0204
This report answers a series of questions on no-excuse absentee voting laws in Connecticut and other states.

Meeting Requirements for Municipal Agencies Under the Freedom of Information Act - 2017-R-0232
This report summarizes the requirements for municipal boards and commissions under the Freedom of Information Act with respect to meetings, including those for notices, agendas, vote records, minutes, and public participation.


Connecticut Law Journal - November 7, 2017

   by Roy, Christopher

 http://www.jud.state.ct.us/lawlib/LawLibNews/Posts/Post.aspx?Id=744