Appellate Law
Decision
Hylton v. Gunter
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Monday, May 20, 2013
A judgment awarding an undetermined amount of punitive damages and one awarding an undetermined amount of attorneys' fees are treated differently for purposes of establishing whether the judgment is final.
Decision
State v. Baker
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Monday, April 8, 2013
The sentencing court does not have an affirmative duty to inquire of the defendant whether he wishes to make a personal statement at the sentencing hearing.
Decision
State v. Lanasa
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Monday, April 8, 2013
As explained in the 2004 Appellate Court case of Irving v. Firehouse Associates, LLC, "[a]bsent a showing of actual prejudice, the court will not be found to have abused its discretion when [granting a party's] motion for a continuance."
Decision
Buggy v. Buggy
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Monday, April 8, 2013
Where a transcript is required for review of a party's claims, the Appellate Court cannot proceed without one.
Decision
Capel v. Plymouth Rock Assurance Corporation
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Monday, April 8, 2013
As explained in the 1968 Connecticut Supreme Court case of Hoblitzelle v. Frechette, Connecticut appellate courts refuse to "entertain a reservation in an action which is not ready for final judgment unless the questions presented are such as are, in [its] opinion, reasonably certain to enter into the decision of the case and it appears that their determination would be in the interest of simplicity, directness and economy of judicial action."
Decision
Crawley v. Commissioner of Correction
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Monday, April 8, 2013
As stated in the 2010 Connecticut Appellate Court case of Greene v. Commissioner of Correction, "[t]o satisfy the prejudice prong for ineffective assistance claims resulting from guilty verdicts, the petitioner must demonstrate that there exists a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different?"
Decision
Jason B. v. Commissioner of Correction
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Monday, April 8, 2013
In the 1995 case of State v. Morales, the Connecticut Supreme Court determined that article first, §8 of the Connecticut constitution requires a balancing test rather than a showing of bad faith, referred to as the Asherman test from the 1984 Connecticut Supreme Court case of State v. Asherman.
Decision
State v. Alston
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Monday, April 8, 2013
The claim that an information fails to charge an offense is reviewable at any time during the pendency of the proceedings.
Decision
Smith v. Commissioner of Correction
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Monday, April 8, 2013
Without a persuasive showing that the habeas court's crucial finding was clearly erroneous that witnesses produced to support a third party culpability claim were "individually and collectively unimpressive and, in large part, useless," the Appellate Court would not disturb the habeas court's finding.
Decision
G Power Investments, LLC v. GTherm, Inc.
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Monday, April 1, 2013
The filing of a satisfaction of judgment does not render an appeal moot when there is a possibility of restitution or reimbursement.
