green
Positive treatment
Quoted verbatim 1×
16.1 score
“the appropriate inquiry with respect to claim preclusion is whether the party had an adequate opportunity to litigate the matter in the earlier proceeding.”
Treatment trajectory · 2010 → 2026 · click a year to view as-of
2010
2018
2026
Top citers, strongest first. 9 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Dembin v. LVI Services, Inc.
the appropriate inquiry with respect to claim preclusion is whether the party had an adequate opportunity to litigate the matter in the earlier proceeding.
discussed
Cited "see"
Cator v. Commissioner of Correction
(2×)
See State v. Osuch, 124 Conn. App. 572, 580 , 5 A.3d 976 , cert. denied, 299 Conn. 918 , 10 A.3d 1052 (2010).
discussed
Cited "see"
Cator v. Commissioner of Correction
(2×)
See State v. Osuch, 124 Conn. App. 572, 580 , 5 A.3d 976 , cert. denied, 299 Conn. 918 , 10 A.3d 1052 (2010).
discussed
Cited "see"
State v. Smith
(2×)
See State v. Osuch, 124 Conn. App. 572, 581 , 5 A.3d 976 , cert. denied, 299 Conn. 918 , 10 A.3d 1052 (2010). 6 We note that manslaughter is not a lesser included offense of felony murder but that subjecting a defendant to punishment for both the more serious class A felony of felony murder and the less serious class B felony of manslaughter in the first degree violates double jeopardy because the legislature intended that they be treated as the same offense.
discussed
Cited "see"
Finney v. Commissioner of Correction
(2×)
See State v. Osuch, 124 Conn. App. 572 , 580–81, 5 A.3d 976 , cert. denied, 299 Conn. 918 , 10 A.3d 1052 (2010). 13 The petitioner also argues that, even if the habeas court incorrectly determined that the petition was timely filed, that error alone would be insufficient to constitute an alternative basis for upholding the habeas court’s dismissal of the petition because untimely petitions are not subject to dis- missal as a matter of law but, rather, are subject to dismissal only if the petitioner is unable to demonstrate good cause for the delay in filing the petition, which is a factual…
discussed
Cited "see"
Girolametti v. Michael Horton Assocs., Inc.
(2×)
Wheeler v. Beachcroft, LLC. , 320 Conn. 146 , 149 n.3, 129 A.3d 677 (2016) ; Santorso v. Bristol Hospital , 308 Conn. 338 , 344, 63 A.3d 940 (2013) ; see State v. Osuch , 124 Conn.App. 572 , 583, 5 A.3d 976 ("[a]pplication of [res judicata] ... effectuates public policy by promoting judicial economy and avoiding inconsistent judgments"), cert. denied, 299 Conn. 918 , 10 A.3d 1052 (2010).
discussed
Cited "see, e.g."
State v. Dojnia
Additionally, we conclude that because a claim that a statute is vague as applied to a defendant implicates the constitutional guarantee of due process that is enshrined in the fourteenth amendment to the United States constitution; see, e.g., State v. Pettigrew , 124 Conn. App. 9 , 24-25, 3 A.3d 148 , cert. denied, 299 Conn. 916 , 10 A.3d 1052 (2010) ; the claim is of constitutional magnitude.
discussed
Cited "see, e.g."
State v. Dojnia
Additionally, we conclude that because a claim that a statute is vague as applied to a defendant implicates the constitutional guarantee of due process that is enshrined in the fourteenth amendment to the United States constitution; see, e.g., State v. Pettigrew, 124 Conn. App. 9 , 24–25, 3 A.3d 148 , cert. denied, 299 Conn. 916 , 10 A.3d 1052 (2010); the claim is of constitutional magnitude.
Retrieving the full opinion text from the archive…
STATE of Connecticut
v.
David OSUCH.
v.
David OSUCH.
Supreme Court of Connecticut.
Dec 8, 2010.
Published
Citer courts: D. Connecticut (1)
Jodi Zils Gagne, special public defender, in support of the petition.
Richard K. Greenalch, Jr., special deputy assistant state's attorney, in opposition.
The defendant's petition for certification for appeal from the Appellate Court, 124 Conn.App. 572, 5 A.3d 976 (2010), is denied.