Appellate Law
Decision
Claude v. Claude
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Monday, June 17, 2013
It is the appellant's burden to provide the Appellate Court with an adequate record, but, here, the appellant could not be faulted for the trial court's failure to file a memorandum of decision in compliance with Practice Book §64-1 when the appellant complied with the rules of practice but the judge retired before issuing a memorandum of decision or articulation as ordered.
Decision
Wyatt Energy, Inc. v. Motiva Enterprises, LLC
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Monday, June 10, 2013
As explained in the 2010 Connecticut Supreme Court case of Valvo v. Freedom of Information Commission, "[a] case is considered moot if the ?court cannot grant the appellant any practical relief through its disposition of the merits."
Decision
State v. Germain
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Monday, May 27, 2013
As reiterated in the 2009 Appellate Court case of Perez v. D & L Tractor Trailer School, "[it] is an appellant's duty to provide an adequate record for [the court's] review, including the transcript and an electronic version of the transcript."
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
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
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
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
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
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
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.
