legitimate claim in Connecticut

2026In State v. Wright, 273 Conn. [418, 870 A.2d 1039 (2005)], our Supreme Court held that the invalidity of the protec- tive order does not constitute a legitimate defense to the charged crime.

2009In State v. Wright, supra, 273 Conn. 418 , our Supreme Court held that the invalidity of the protective order does not constitute a legitimate defense to the charged crime.

2020In support of his argument, the defendant cites to language employed by our Supreme Court in which the court stated: ‘‘[D]efendants may use evidence regarding the inadequacy of the investigation into the crime with which they are charged as a legitimate defense strategy . . . [and] [a] defendant may . . . rely upon relevant deficiencies or lapses in the police investigation to raise the specter of reasonable doubt, and the trial court violates his right to a fair trial by precluding the jury from considering evidence to that effect.’’ (Citation omitted; internal quotation marks omitted.) State

2020In support of his argument, the defendant cites to language employed by our Supreme Court in which the court stated: ‘‘[D]efendants may use evidence regarding the inadequacy of the investigation into the crime with which they are charged as a legitimate defense strategy . . . [and] [a] defendant may . . . rely upon relevant deficiencies or lapses in the police investigation to raise the specter of reasonable doubt, and the trial court violates his right to a fair trial by precluding the jury from considering evidence to that effect.’’ (Citation omitted; internal quotation marks omitted.) State

2000Property interests are not created by the Constitution, they are created and their dimensions are defined by existing rules or understandings that stem from an independent source such as state law. . . ." (Citations omitted; internal quotation marks omitted.) Harkless v. Rowe, 232 Conn. 599 , 618 , 657 A.2d 562 (1995); see Board of Regents v. Roth, 408 U.S. 564 , 577 , 92 S.Ct. 2701 , 33 L.Ed.2d 548 (1972).

2000Property interests are not created by the Constitution, they are created and their dimensions are defined by existing rules or understandings that stem from an independent source such as state law. . . ." (Citations omitted; internal quotation marks omitted.) Harkless v. Rowe, 232 Conn. 599 , 618 , 657 A.2d 562 (1995); see Board of Regents v. Roth, 408 U.S. 564 , 577 , 92 S.Ct. 2701 , 33 L.Ed.2d 548 (1972).

2000Rather, a person must have a legitimate claim of entitlement to a benefit or privilege to have a property interest in that benefit. . . ." (Internal quotation marks omitted.) Hunt v. Prior , 236 Conn. 421 , 436-37 , 673 A.2d 514 (1996).

2000Rather, a person must have a legitimate claim of entitlement to a benefit or privilege to have a property interest in that benefit. . . ." (Internal quotation marks omitted.) Hunt v. Prior , 236 Conn. 421 , 436-37 , 673 A.2d 514 (1996).

1998Property interests are not created by the Constitution, they are created and their dimensions are defined by existing rules or understandings that stem from an independent source such as state law." (Internal citations omitted; Internal quotation marks omitted) Double I Limited Partnership v. Plan Zoning Commission , 218 Conn. 65 , 77 , 588 A.2d 624 (1991). "[A] lawfully established nonconforming use is a vested right and is entitled to constitutional protection." O G Industries.

1998Property interests are not created by the Constitution, they are created and their dimensions are defined by existing rules or understandings that stem from an independent source such as state law." (Internal citations omitted; Internal quotation marks omitted) Double I Limited Partnership v. Plan Zoning Commission , 218 Conn. 65 , 77 , 588 A.2d 624 (1991). "[A] lawfully established nonconforming use is a vested right and is entitled to constitutional protection." O G Industries.

1994The court finds that Will would have persisted in refusing to name his companion in crime and that the trial court would have had little choice but to instruct the jury to disregard Will's testimony, State v. Maldonado , 193 Conn. 350 , 358 (1984); State v. Altrui , 188 Conn. 161 , 170 (1982).

1994The court finds that Will would have persisted in refusing to name his companion in crime and that the trial court would have had little choice but to instruct the jury to disregard Will's testimony, State v. Maldonado , 193 Conn. 350 , 358 (1984); State v. Altrui , 188 Conn. 161 , 170 (1982).

1994The court finds that Will would have persisted in refusing to name his companion in crime and that the trial court would have had little choice but to instruct the jury to disregard Will's testimony, State v. Maldonado , 193 Conn. 350 , 358 (1984); State v. Altrui , 188 Conn. 161 , 170 (1982).

1994The court finds that Will would have persisted in refusing to name his companion in crime and that the trial court would have had little choice but to instruct the jury to disregard Will's testimony, State v. Maldonado , 193 Conn. 350 , 358 (1984); State v. Altrui , 188 Conn. 161 , 170 (1982).

1992"The question of whether an applicant has a legitimate claim of entitlement to a license or certificate should depend on whether, absent the alleged denial of due process, there is either a certainty or a very strong likelihood that the application would have been granted." Yale Auto Parts, Inc. v. Johnson, 758 F.2d 54 , 59 (2d Cir. 1985).

1992A person may have a legitimate claim of entitlement to a benefit even if some discretion remains in the governmental decision-maker; "a theoretical possibility of discretional action does not automatically classify an application for a license or certificate as a `unilateral hope or expectation.'" Dean Tarry Corp. v. Friedlander, 826 F.2d 210 , 212 (2d Cir. 1987), quoting Yale Auto Parts, Inc. v. Johnson, supra, 59 .

2022Although it is axiomatic that the scope of cross-examination generally rests within the discretion of the trial court, [t]he denial of all meaning- ful cross-examination into a legitimate inquiry consti- tutes an abuse of discretion.’’ (Internal quotation marks omitted.) Rousseau v. Perricone, 148 Conn. App. 837, 844 , 88 A.3d 559 (2014). ‘‘Every reasonable presumption should be made in favor of the correctness of the court’s ruling in determining whether there has been an abuse of discretion.’’ (Internal quotation marks omitted.) State v. Bova, 240 Conn. 210, 219 , 690 A.2d 1370 (1997).

2022Although it is axiomatic that the scope of cross-examination generally rests within the discretion of the trial court, [t]he denial of all meaning- ful cross-examination into a legitimate inquiry consti- tutes an abuse of discretion.’’ (Internal quotation marks omitted.) Rousseau v. Perricone, 148 Conn. App. 837, 844 , 88 A.3d 559 (2014). ‘‘Every reasonable presumption should be made in favor of the correctness of the court’s ruling in determining whether there has been an abuse of discretion.’’ (Internal quotation marks omitted.) State v. Bova, 240 Conn. 210, 219 , 690 A.2d 1370 (1997).

2022Although it is axiomatic that the scope of cross-examination generally rests within the discretion of the trial court, [t]he denial of all meaning- ful cross-examination into a legitimate inquiry consti- tutes an abuse of discretion.’’ (Internal quotation marks omitted.) Rousseau v. Perricone, 148 Conn. App. 837, 844 , 88 A.3d 559 (2014). ‘‘Every reasonable presumption should be made in favor of the correctness of the court’s ruling in determining whether there has been an abuse of discretion.’’ (Internal quotation marks omitted.) State v. Bova, 240 Conn. 210, 219 , 690 A.2d 1370 (1997).

2022Although it is axiomatic that the scope of cross-examination generally rests within the discretion of the trial court, [t]he denial of all meaning- ful cross-examination into a legitimate inquiry consti- tutes an abuse of discretion.’’ (Internal quotation marks omitted.) Rousseau v. Perricone, 148 Conn. App. 837, 844 , 88 A.3d 559 (2014). ‘‘Every reasonable presumption should be made in favor of the correctness of the court’s ruling in determining whether there has been an abuse of discretion.’’ (Internal quotation marks omitted.) State v. Bova, 240 Conn. 210, 219 , 690 A.2d 1370 (1997).

2018Additionally, ''[our Supreme Court] has recognized that defendants may use evidence regarding the inadequacy of the investigation into the crime with which they are charged as a legitimate defense strategy.'' State v. Wright , 322 Conn. 270 , 282, 140 A.3d 939 (2016), citing State v. Collins , 299 Conn. 567 , 599-600, 10 A.3d 1005 , cert. denied, 565 U.S. 908 , 132 S.Ct. 314 , 181 L.

2014Although it is axiomatic that the scope of cross-examination generally rests within the discretion of the trial court, [t]he denial of all meaningful cross-examination into a legitimate inquiry constitutes an abuse of discretion.” (Internal quotation marks omitted.) Corriveau v. Corriveau, 126 Conn. App. 231, 236-37 , 11 A.3d 176 , cert. denied, 300 Conn. 940 , 17 A.3d 476 (2011).

2014Although it is axiomatic that the scope of cross-examination generally rests within the discretion of the trial court, [t]he denial of all meaningful cross-examination into a legitimate inquiry constitutes an abuse of discretion.” (Internal quotation marks omitted.) Corriveau v. Corriveau, 126 Conn. App. 231, 236-37 , 11 A.3d 176 , cert. denied, 300 Conn. 940 , 17 A.3d 476 (2011).

2014Although it is axiomatic that the scope of cross-examination generally rests within the discretion of the trial court, [t]he denial of all meaningful cross-examination into a legitimate inquiry constitutes an abuse of discretion.” (Internal quotation marks omitted.) Corriveau v. Corriveau, 126 Conn. App. 231, 236-37 , 11 A.3d 176 , cert. denied, 300 Conn. 940 , 17 A.3d 476 (2011).

2014Although it is axiomatic that the scope of cross-examination generally rests within the discretion of the trial court, [t]he denial of all meaningful cross-examination into a legitimate inquiry constitutes an abuse of discretion.” (Internal quotation marks omitted.) Corriveau v. Corriveau, 126 Conn. App. 231, 236-37 , 11 A.3d 176 , cert. denied, 300 Conn. 940 , 17 A.3d 476 (2011).

2011Although it is axiomatic that the scope of cross-examination generally rests within the *237 discretion of the trial court, [t]he denial of all meaningful cross-examination into a legitimate inquiry constitutes an abuse of discretion.” (Citation omitted; internal quotation marks omitted.) Dubreuil v. Witt, 65 Conn. App. 35, 42 , 781 A.2d 503 (2001).

2011Although it is axiomatic that the scope of cross-examination generally rests within the *237 discretion of the trial court, [t]he denial of all meaningful cross-examination into a legitimate inquiry constitutes an abuse of discretion.” (Citation omitted; internal quotation marks omitted.) Dubreuil v. Witt, 65 Conn. App. 35, 42 , 781 A.2d 503 (2001).

2007He must, instead, have a legitimate claim of entitlement to it.” (Internal quotation marks omitted.) Chatterjee v. Commissioner of Revenue Services, 277 Conn. 681, 695 , 894 A.2d 919 (2006).

2007He must, instead, have a legitimate claim of entitlement to it.” (Internal quotation marks omitted.) Chatterjee v. Commissioner of Revenue Services, 277 Conn. 681, 695 , 894 A.2d 919 (2006).

2006The defendant did not preserve his claim at trial and now seeks review pursuant to State v. Golding, 213 Conn. 233, 239-40 , 567 A.2d 823 (1989). 9 We agree with the defendant that the record is adequate for review and that the claim is of constitutional magnitude.

2006The defendant did not preserve his claim at trial and now seeks review pursuant to State v. Golding, 213 Conn. 233, 239-40 , 567 A.2d 823 (1989). 9 We agree with the defendant that the record is adequate for review and that the claim is of constitutional magnitude.

2006He must, instead, have a legitimate claim of entitlement to it.” (Internal quotation marks omitted.) Id.

2001The state argues that § 36b-16 requires no specific intent to violate the law, but that it is a “strict liability” offense and that advice of counsel is “not a legitimate defense to the sale of unregistered securities . . . .” At oral argument before this court, the defendant conceded that, if a violation of § 36b-16 is in the nature of strict liability, requiring no specific intent to violate the law, then her claim regarding reliance on the advice of counsel “goes out the window.” “Whether or not a statutory crime requires mens rea or scienter as an element of the offense is largely a questi

2001The state argues that § 36b-16 requires no specific intent to violate the law, but that it is a “strict liability” offense and that advice of counsel is “not a legitimate defense to the sale of unregistered securities . . . .” At oral argument before this court, the defendant conceded that, if a violation of § 36b-16 is in the nature of strict liability, requiring no specific intent to violate the law, then her claim regarding reliance on the advice of counsel “goes out the window.” “Whether or not a statutory crime requires mens rea or scienter as an element of the offense is largely a questi

2001“This rule [that a person must have a legitimate claim of entitlement to possess a protectible interest in a benefit] applies even where the loss suffered is great. [T]o determine whether due process requirements apply in the first place, we must look not to the weight but to the nature of the interest at stake.” (Emphasis in original; internal quotation marks omitted.) D’Amico v. Johnson, 53 Conn. App. 855, 862 , 733 A.2d 869 (1999), quoting Karan v. Adams, 807 F. Sup. 900, 908 (D.

2001“This rule [that a person must have a legitimate claim of entitlement to possess a protectible interest in a benefit] applies even where the loss suffered is great. [T]o determine whether due process requirements apply in the first place, we must look not to the weight but to the nature of the interest at stake.” (Emphasis in original; internal quotation marks omitted.) D’Amico v. Johnson, 53 Conn. App. 855, 862 , 733 A.2d 869 (1999), quoting Karan v. Adams, 807 F. Sup. 900, 908 (D.

2001In State v. Kreminski, supra, 178 Conn. 145 , this court reviewed a conviction under the Connecticut Securities Act, the predecessor to CUSA.