11/6/2009
- Veterans' Property Tax Exemption - 2009-R-0348
You asked if military disability payments and military pension count as income for purposes of the veterans' property tax exemptions provided by law.
- Acts Affecting Education
This report provides highlights of new laws affecting education enacted during the 2009 regular and special legislative sessions.
- Acts Affecting Taxes
This report provides highlights of new laws affecting taxes enacted during the 2009 regular and special legislative sessions.
- Motorcycle Noise in Maine - 2009-R-0393
You asked what Maine has done to reduce motorcycle noise.
- Public College and University Foundations - 2009-R-0399
You asked for information on private foundations affiliated with public colleges and universities. You were specifically interested in funding sources and accountability. You also asked for a legislative history of the state's public college and university foundations.
- Landscaper Licensing - 2009-R-0396
You asked for information on states that license landscapers, and the education, exam, and experience required to obtain such a license. You also requested samples of charges for licensing, regulations under which they are licensed, and any training required for the use of the equipment and products they use.
- State Elderly Programs - 2009-R-0397
You asked for an update of OLR report 2009-R-0268 which describes state programs for the elderly.
- Flu Vaccinations - 2009-R-0405
You asked several questions about flu vaccinations. Specifically you wanted to know: (1) the number of doses of and expenditures for H1N1 and seasonal flu vaccines, (2) if the Patriot Act permits the federal government to preempt state law when the President declares a national emergency, and (3) if anyone died from the swine flu vaccine administered in 1976.
- Economic Development Coordinators - 2009-R-0378
You asked how many towns have full- or part-time economic development coordinators or specialists.
- Issues in "Net Neutrality" Debate - 2009-R-0392
You asked for a brief discussion of the issues surrounding the “net neutrality” debate. The Congressional Research Service has published a background memo on net neutrality, which is available at www. fas. org/sgp/crs/misc/RS22444. pdf.
- Machine-Readable Health Insurance Identification Cards - 2009-R-0376
You asked for information about machine-readable health insurance identification (ID) cards (e. g. , cards with bar codes that embed patient information that health care providers can access). Specifically, you asked if other states require such bar codes on ID cards.
- Parenting Classes for Divorcing Couples - 2009-R-0407
You asked about parenting classes in Connecticut and surrounding states. 11/5/2009
- Legislative History of the Mashantucket Pequot Grant Formula - 2009-R-0387
You asked for a legislative history of the Mashantucket Pequot and Mohegan aid formula, including the original formula and subsequent legislative changes.
- Terminating Federal Campaign Committees - 2009-R-0389
You want to know the purposes for which members of Congress may use surplus campaign funds when they wind down and terminate their campaign committee.
- Body Armor and Connecticut Law - 2009-R-0401
You asked for a summary of Connecticut laws on body armor.
- Bleeding Disorder Legislation - 2009-R-0400 You asked if Connecticut has implemented a standard of care for people with bleeding disorders such as that found in a Pennsylvania legislative proposal.
- Acts Affecting Transportation
This report summarizes acts affecting transportation the legislature passed during the 2009 regular and special sessions. The report does not include acts that were vetoed unless the veto was overridden.
- Comparison of Child Protection - 2009-R-0362 You asked us to compare Oklahoma's Kelsey Smith-Briggs Child Protection Reform Act with Connecticut's child protection laws.
- High Efficiency Furnaces - 2009-R-0403
You asked whether newer, high efficiency furnaces operate at substantially higher temperatures than older furnaces, and if so whether they necessitate changes in the venting system in the homes in which they are installed.
- Funding for Energy Initiatives - 2009-R-0402
You asked that we respond to two questions posed by a constituent. The constituent heard a radio advertisement that he believes was sponsored by an entity called “EIA” that explained how homeowners could convert from oil to natural gas or other types of heating. You want to know (1) what is EIA and (2) whether it is using public funds to distribute this message.
11/4/2009
State v. Grant - SC18177 (Attempt to commit robbery in the first degree in violation of §§ 53a-134 (a) (4) and 53a-49 (a); carrying dangerous weapon in violation of § 53-206; commission of class A, B or C felony with firearm, namely a BB gun, in violation of § 53-202k and sufficient evidence to support jury's finding of violation; mandatory five year term, "In support of his claim, the defendant contends that only a weapon that discharges a shot by gunpowder constitutes a firearm under General Statutes § 53a-3 (19)".)
Gender Identity or Expression: "Gender identity or expression" means a person's gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person's assigned sex at birth.
Eight Connecticut Appellate Court opinions are scheduled to be released today. See the Connecticut Judicial Branch website for the list of case names and links to the full text of the opinions. After today, the opinions will be available from the Appellate Court Archive. 11/2/2009
Dinuzzo v. Dan Perkins Chevrolet Geo, Inc. - SC17869 (Workers' compensation; "The sole issue raised by this certified appeal is whether the Appellate Court properly reversed the decision of the compensation review board (board) upholding the decision of the workers’ compensation commissioner for the third district (commissioner), who awarded the plaintiff, Evana DiNuzzo, survivor’s benefits under General Statutes § 31-306 (a). The Appellate Court concluded that there were insufficient subordinate facts in the record to support the commissioner’s finding that the death of the plaintiff’s husband, James DiNuzzo (decedent), was causally related to a compensable injury and, therefore, that the plaintiff was not entitled to survivor’s benefits.") 10/30/2009
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Enforcing Money Judgments
Section 1: Installment Payment Orders
Section 2: Wage Executions
Section 3: Bank Executions
Section 4: Personal Property Executions
Section 5: Turnover Orders
Section 6: Judgment Liens
Section 7: Postjudgment Discovery
| Below are the juvenile law Appellate Court opinions issued in October 2009:
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AC29911 - In re Christopher B. (“The respondent mother appeals from the judgment of the trial court terminating her parental rights with respect to her minor child, Christopher. On appeal, the respondent claims that the court improperly (1) determined that the department of children and families (department) made reasonable efforts to reunify Christopher with her, (2) determined that she had failed to achieve a sufficient degree of personal rehabilitation and (3) relied on evidence of her history prior to 2005 and disregarded current evidence in reaching its findings.”)
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AC29890 - In re G.S. (“This appeal underscores the sad distinction between willingness and ability to parent a child. The respondent mother appeals from the judgment of the trial court terminating her parental rights as to G, her minor child. She contends that the court (1) erroneously found that the department of children and families (department) made reasonable efforts to reunify her with G, (2) failed to make that finding pursuant to the clear and convincing evidence standard and (3) erroneously found that she had failed to achieve a sufficient degree of personal rehabilitation pursuant to General Statutes § 17a-112 (j) (3).”)
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AC30083 - In re Tremaine C. (“The respondent father appeals from the judgment of the trial court terminating his parental rights with respect to his minor son, Tremaine. On appeal, the respondent claims that his constitutional due process rights to be present at trial and to confront witnesses were violated.”)
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AC29565 - In re Jason S. (“The respondent, a minor child, appeals from the judgment of the trial court adjudicating him a delinquent for having committed the crimes of sexual assault in the fourth degree in violation of General Statutes (Rev. to 2005) § 53a-73a (a) (1) (A) and risk of injury to a child in violation of General Statutes § 53-21 (a) (2). On appeal, the respondent claims that the court improperly found that he had acted with the mental state necessary for the commission of sexual assault in the fourth degree.”)
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AC30020 - In re Tremaine C. (“The respondent mother appeals from the judgment of the trial court rendered in favor of the petitioner, the commissioner of children and families, terminating her parental rights with respect to her minor son, Tremaine. The respondent claims that the court improperly found that (1) she had failed to achieve a sufficient degree of personal rehabilitation and (2) it would be in the best interest of the child to terminate her parental rights.”)
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AC29796, AC29906 - Brownstein v. Spilke (Foreclosure; “In these consolidated appeals, the substitute plaintiff, J. Diamond Properties, LLC (Diamond), and the defendant Georgina Spilke appeal from the judgment of the trial court denying Diamond’s motion for a deficiency judgment as to the defendant Kenneth C. Spilke. In AC 29796, Diamond claims that the court improperly determined that it failed to prove the fair market value of the subject property as of the date title vested in Diamond following a judgment of foreclosure and that it would be inequitable to grant the deficiency judgment.”)
Below are the employment law Appellate Court opinions issued in October 2009:
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AC29172 - Perez v. D & L Tractor Trailer School (Hostile Work Environment, Vexatious Litigation, Intentional Infliction of Emotional Distress; Attorney’s Fees. “The plaintiff claims that the court (1) abused its discretion with respect to several evidentiary rulings, (2) improperly permitted the defendant’s counterclaim to go to the jury and (3) improperly calculated the attorney’s fees it awarded her. In his cross appeal, the defendant claims that the court improperly (1) denied his motion for judgment notwithstanding the verdict and (2) awarded the plaintiff attorney’s fees.”)
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AC29830 - State v. Connecticut State Employees Assn., SEIU Local 2001 (“The plaintiff, the state of Connecticut, appeals from the trial court’s judgment denying its application to vacate an arbitration award and granting the motion to confirm the award filed by the defendant, the Connecticut State Employees Association, SEIU Local 2001. On appeal, the plaintiff claims that the court improperly concluded that the arbitrator did not exceed or imperfectly execute his powers pursuant to General Statutes § 52-418 (a) (4). We are unable to evaluate the plaintiff’s claim because we conclude that the arbitrator’s award is ambiguous.”)
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AC28949, AC29922, AC30013 - Greci v. Parks (Automobile Accident; Negligence “On appeal, the plaintiffs claim that the court (1) improperly determined that the final judgment in this case was rendered on August 17, 2007, rather than June 8, 2007, and (2) abused its discretion in denying their motions to set aside the verdicts and for a new trial or, in the alternative, for additur, because (a) the court improperly had permitted the defendant to cross-examine Michael Greci with respect to certain medical records that were unrelated to his claimed injuries, (b) the court permitted the defendant’s counsel to make improper arguments to the jury and failed to deliver a requested curative instruction related to the improper closing arguments, and (c) the verdicts were inconsistent.”)
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AC29962 - Buchanan v. Moreno (Automobile Accident; Negligence “In this negligence action, the defendants, Maria Moreno and Enaroy Simms, appeal following the trial court’s denial of their motion to set aside the verdict in favor of the plaintiff, Marcia E. Buchanan. On appeal, the defendants claim that the court abused its discretion in failing to admit a particular photograph as a full exhibit. On the basis of this claimed evidential impropriety, the defendants also contend that the court improperly denied their motion to set aside the verdict.”)
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AC30097 - Gardner Heights Health Care Center, Inc. v. Korolyshun (“The underlying action here, however, was not such a contract action but was a claim of breach of fiduciary duty, which is a tort claim. See Ahern v. Kappalumakkel, 97 Conn. App. 189, 192 n.3, 903 A.2d 266 (2006). Accordingly, because § 42-150bb is not applicable to the action at hand, the court properly denied the defendant’s motion for attorney’s fees.”)
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AC29332 - Keller v. Beckenstein (“On appeal, the plaintiffs claim that the court improperly granted (1) the motions for summary judgment because a genuine issue of material fact existed as to the first count as to whether the defendants were liable for a breach of contractual representations and warranties by commencing litigation against the plaintiffs, and (2) the motion to strike because the complaint sufficiently alleged a breach of the implied covenant of good faith and fair dealing and a violation under the Connecticut Unfair Trade Practices Act (CUTPA), General Statutes § 42-110a et seq.”)
AC29856 - 418 Meadow Street Associates, LLC v. One Solution Services, LLC ("On appeal, the defendant claims that the court improperly denied its motion to dismiss because (1) the commencement of the action was not properly authorized in accordance with the plaintiff’s operating agreement, (2) the plaintiff failed to prove that the authorizing vote of one of its members was properly excluded under General Statutes § 34-187 (b) and (3) the plaintiff’s mortgagee had exercised its right to collect rents due from the defendant to the plaintiff pursuant to a previously executed assignment of leases and rentals.")
AC29796, AC29906 - Brownstein v. Spilke ("In AC 29796, Diamond claims that the court improperly determined that it failed to prove the fair market value of the subject property as of the date title vested in Diamond following a judgment of foreclosure and that it would be inequitable to grant the deficiency judgment. In AC 29906, Georgina Spilke contends that the defendant’s claim regarding the deficiency judgment is barred by the doctrine of res judicata.")
AC29404 - State v. Adams ("The defendant claims that the court improperly failed to return property that was seized from him in criminal docket number CR-05-0284632-S, a case in which a nolle prosequi was entered pursuant to a plea agreement involving a total of six cases against the defendant.")
AC29588 - Davis v. Commissioner of Correction ("He claims that the court improperly dismissed his claims of ineffective assistance of counsel.")
AC29192 - Samuels v. Commissioner of Correction ("On appeal, the petitioner claims that the court improperly held that it did not have subject matter jurisdiction over the petition because Public Acts 2006, No. 06-152, § 5, which modified General Statutes (Rev. to 2005) § 52-466, unambiguously expanded the jurisdiction of the habeas court and eliminated the ‘‘in custody’’ requirement from subsection (a) (2) for those petitioners who claim a deprivation of liberty and who presently are confined in a correctional facility as a result of being convicted of a crime.")
AC30458 - Parker v. Commissioner of Correction ("In the case before us, the petitioner, Kaniyn Parker, appeals following the habeas court’s denial of his petition for certification to appeal from the court’s judgment dismissing his petition for a writ of habeas corpus on the ground that the court did not have jurisdiction over the petition.")
AC29544 - Raynor v. Commissioner of Correction - ("The petitioner claims that the court improperly concluded that his trial counsel was not ineffective in (1) failing properly to prepare for and to investigate prior to trial and (2) failing to recall a certain witness in the criminal trial.")
Below is a list of criminal law Appellate Court opinions issued in October 2009:
AC29404 - State v. Adams ("The defendant claims that the court improperly failed to return property that was seized from him in criminal docket number CR-05-0284632-S, a case in which a nolle prosequi was entered pursuant to a plea agreement involving a total of six cases against the defendant.") Dissent
Below is a list of medical malpractice Appellate Court opinions issued in October 2009:
AC29944 - Bennett v. New Milford Hospital, Inc. ("The plaintiff, Richard Bennett, Jr., the administrator of the estate of the decedent, Richard Bennett, Sr., appeals from the judgment of the trial court dismissing in part his medical malpractice action against the defendants, New Milford Hospital, Inc. (hospital), and Frederick Lohse, a physician, on the basis of the plaintiff’s failure to comply with the requirements of General Statutes § 52-190a. The plaintiff claims that because he attached to his complaint a good faith certificate from his attorney in addition to a letter from a similar health care provider stating the belief that there existed evidence of medical negligence, the court improperly granted Lohse’s motion to dismiss pursuant to § 52-190a (c).") 10/29/2009
Kaczynski v. Kaczynski - SC18235 ("Our resolution of this appeal makes clear that when a trial court opinion is silent as to the standard of proof applied, an appellate court is not the proper forum to first raise a claim that the trial court applied the wrong standard when that claim could have been raised in, and more fairly remedied by, a motion for articulation or reargument.") 10/28/2009
"Marijuana" means all parts of any plant, or species of the genus cannabis or any infra specific taxon thereof, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin. It does not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks, except the resin extracted therefrom, fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination. Included are cannabinon, cannabinol or cannabidiol and chemical compounds which are similar to cannabinon, cannabinol or cannabidiol in chemical structure or which are similar thereto in physiological effect, and which show a like potential for abuse, which are controlled substances under this chapter unless modified.
Source: General Statutes § 21a-240 (29) (applies to Chapter 420b: Dependency Producing Drugs, §§ 21a-240 -- 21a-283a).
State v. Moore - SC17992 ("The state appeals, following our grant of certification, from the judgment of the Appellate Court reversing the conviction of the defendant....The state claims that the Appellate Court improperly concluded that the defendant’s sixth amendment right of confrontation under the United States constitution was violated when the trial court denied his motion to strike certain testimony that the state elicited during its redirect examination of James Brooks, a participant in the robbery and a prosecution witness who invoked his fifth amendment privilege against self incrimination before the assistant state’s attorney (prosecutor) completed his redirect examination, thus depriving the defense of the opportunity to question Brooks on recross-examination.")
Five Connecticut Appellate Court opinions are scheduled to be released today. See the Connecticut Judicial Branch website for the list of case names and links to the full text of the opinions. After today, the opinions will be available from the Appellate Court Archive. 10/27/2009
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Deletion of Erased Records – 2009-R-0357
You asked for information on the implementation of Public Act 08-53, including information on why a crime for which a pardon was granted would still be reported by a consumer reporting agency.
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Legislative History of Competitive Bidding Requirements – 2009-R-0382
You asked for the legislative history of CGS § 7-148v, dealing with municipal competitive bidding requirements. OLR report 2005-R-0817 addresses the issue of whether municipalities can change the thresholds for competitive bidding by passing an ordinance rather than revising their charter.
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Federal Internet Gambling Bill (H.R. 2267) - 2009-R-0351
You asked for a summary of H. R. 2267, The Internet Gambling Regulation, Consumer Protection, and Enforcement Act (sponsored by Representative Barney Frank), and S. 1597, The Internet Poker and Game of Skill Regulation, Consumer Protection, and Enforcement Act of 2009 (sponsored by Senator Robert Menendez). This report summarizes the major provisions of H. R. 2267; OLR Report 2009-R-0352 summarizes the major provisions of S. 1597.
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Federal Internet Gambling Bill (S. 1597) - 2009-R-0352
You asked for a summary of S. 1597, The Internet Poker and Game of Skill Regulation, Consumer Protection and Enforcement Act, and H. R. 2267, The Internet Gambling Regulation, Consumer Protection, and Enforcement Act of 2009. This report summarizes the major provisions of S. 1597; OLR Report 2009-R-0351 summarizes the major provisions of H. R. 2267.
- Criminal History Checks Required by Statute – 2009-R-0344
You asked that we identify all occupations, persons, or other entities for which criminal history background checks are required by statute. You also wanted to know who is responsible for the criminal history checks and what procedures must be followed. Finally, you wanted us to identify whether the subjects of these checks may be employed or licensed before the check has been completed. 10/26/2009State v. Fernando A. - SC18045, SC18103 ("In this public interest appeal, we consider the nature of the hearing that a defendant must receive prior to the issuance of a criminal protective order in a family violence case (criminal protective order) pursuant to General Statutes § 54-63c (b).")
10/23/2009
The Connecticut General Assembly Office of Program Review and Investigations (PRI) has posted a report on Connecticut's whistleblower law. "The focus of this study is on the process and structure currently in place to handle whistleblower complaints within state government."
For other PRI reports, visit the office's completed PRI studies page. 10/21/2009
Special Defenses (Affirmative Defenses): ...The fundamental purpose of a special defense, like other pleadings, is to apprise the court and opposing counsel of the issues to be tried, so that basic issues are not concealed until the trial is underway." "[F]acts must be pleaded as a special defense when they are consistent with the allegations of the complaint but demonstrate, nonetheless, that the plaintiff has no cause of action." McCann Real Equities Series XXII, LLC v. David McDermott Chevrolet, Inc., 93 Conn. App. 486, 491, 890 A. 2d 140, 146 cert. denied, 277 Conn. 925, 895 A. 2d 798 (2006). See also Connecticut Practice Book §10-50.
Eight Connecticut Appellate Court opinions are scheduled to be released today. See the Connecticut Judicial Branch website for the list of case names and links to the full text of the opinions. After today, the opinions will be available from the Appellate Court Archive. |
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