noted defense (Connecticut) · Go Syfert
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noted defense in Connecticut

18 Connecticut opinions name it 3 courts 1993–2025 2 in the last five years

The cases below were cited by Connecticut courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

CaseFollowedCited
Jackson v. Leegreen
connappct · 2010 · cited in 1 Connecticut opinions naming this issue, 2024–2024
1 sentence

2024Moreover, the defendant failed to take an exception ‘‘immediately after the charge [was] delivered.’’ Practice Book § 42-16; see also State v. Payne, 121 Conn. App. 308, 318 , 996 A.2d 302 (defendant failed to distinctly raise claim of instruc- tional error at trial when neither precharge objection nor postcharge exception included ground for objec- tion), cert. denied, 297 Conn. 919 , 996 A.2d 1193 (2010); State v. Silva, supra, 113 Conn. App. 495 (‘‘The defen- dant . . . did not object to the specific contents of the charge . . . .

11
State v. TRICARICOgreen
conn · 2010 · cited in 1 Connecticut opinions naming this issue, 2024–2024
1 sentence

2024Moreover, the defendant failed to take an exception ‘‘immediately after the charge [was] delivered.’’ Practice Book § 42-16; see also State v. Payne, 121 Conn. App. 308, 318 , 996 A.2d 302 (defendant failed to distinctly raise claim of instruc- tional error at trial when neither precharge objection nor postcharge exception included ground for objec- tion), cert. denied, 297 Conn. 919 , 996 A.2d 1193 (2010); State v. Silva, supra, 113 Conn. App. 495 (‘‘The defen- dant . . . did not object to the specific contents of the charge . . . .

11
Smith v. Commissioner of Correctiongreen
conn · 2010 · cited in 1 Connecticut opinions naming this issue, 2024–2024
1 sentence

2024Moreover, the defendant failed to take an exception ‘‘immediately after the charge [was] delivered.’’ Practice Book § 42-16; see also State v. Payne, 121 Conn. App. 308, 318 , 996 A.2d 302 (defendant failed to distinctly raise claim of instruc- tional error at trial when neither precharge objection nor postcharge exception included ground for objec- tion), cert. denied, 297 Conn. 919 , 996 A.2d 1193 (2010); State v. Silva, supra, 113 Conn. App. 495 (‘‘The defen- dant . . . did not object to the specific contents of the charge . . . .

11
State v. Paynegreen
connappct · 2010 · cited in 1 Connecticut opinions naming this issue, 2024–2024
1 sentence

2024Moreover, the defendant failed to take an exception ‘‘immediately after the charge [was] delivered.’’ Practice Book § 42-16; see also State v. Payne, 121 Conn. App. 308, 318 , 996 A.2d 302 (defendant failed to distinctly raise claim of instruc- tional error at trial when neither precharge objection nor postcharge exception included ground for objec- tion), cert. denied, 297 Conn. 919 , 996 A.2d 1193 (2010); State v. Silva, supra, 113 Conn. App. 495 (‘‘The defen- dant . . . did not object to the specific contents of the charge . . . .

11
State v. Leegreen
connappct · 2012 · cited in 1 Connecticut opinions naming this issue, 2024–2024
2 sentences

2024See State v. Lee, 138 Conn. App. 420, 453 , 52 A.3d 736 (2012) (in rejecting defen- dant’s claim that he properly raised concern about jury instruction on conspiracy, this court noted that defense counsel expressed concern about definition of conspir- acy but not about instruction on intent elements of conspiracy charges), rev’d in part on other grounds, 325 Conn. 339 , 157 A.3d 651 (2017).

2024See State v. Lee, 138 Conn. App. 420, 453 , 52 A.3d 736 (2012) (in rejecting defen- dant’s claim that he properly raised concern about jury instruction on conspiracy, this court noted that defense counsel expressed concern about definition of conspir- acy but not about instruction on intent elements of conspiracy charges), rev’d in part on other grounds, 325 Conn. 339 , 157 A.3d 651 (2017).

11
State v. Leegreen
conn · 2017 · cited in 1 Connecticut opinions naming this issue, 2024–2024
2 sentences

2024See State v. Lee, 138 Conn. App. 420, 453 , 52 A.3d 736 (2012) (in rejecting defen- dant’s claim that he properly raised concern about jury instruction on conspiracy, this court noted that defense counsel expressed concern about definition of conspir- acy but not about instruction on intent elements of conspiracy charges), rev’d in part on other grounds, 325 Conn. 339 , 157 A.3d 651 (2017).

2024See State v. Lee, 138 Conn. App. 420, 453 , 52 A.3d 736 (2012) (in rejecting defen- dant’s claim that he properly raised concern about jury instruction on conspiracy, this court noted that defense counsel expressed concern about definition of conspir- acy but not about instruction on intent elements of conspiracy charges), rev’d in part on other grounds, 325 Conn. 339 , 157 A.3d 651 (2017).

11
Congress Street Condominium Ass'n v. Andersongreen
connappct · 2011 · cited in 1 Connecticut opinions naming this issue, 2018–2018
2 sentences

2018See Congress Street Condominium Assn., Inc. v. Anderson , 132 Conn. App. 536 , 548, 33 A.3d 274 (2011) ( Alvord, J. , dissenting) (factors to consider in passing on motion to amend are length of delay, fairness to opposing parties and negligence, if any, of party offering amendment; motion to amend is addressed to trial court's discretion which may be exercised to restrain amendment of pleadings to prevent unreasonable delay of trial).

2018See Congress Street Condominium Assn., Inc. v. Anderson , 132 Conn. App. 536 , 548, 33 A.3d 274 (2011) ( Alvord, J. , dissenting) (factors to consider in passing on motion to amend are length of delay, fairness to opposing parties and negligence, if any, of party offering amendment; motion to amend is addressed to trial court's discretion which may be exercised to restrain amendment of pleadings to prevent unreasonable delay of trial).

11
Lebron v. Commissioner of Correctiongreen
conn · 2005 · cited in 1 Connecticut opinions naming this issue, 2017–2017
1 sentence

2017The court concluded that "[w]hen an otherwise qualified § 2254 petitioner can demonstrate that his current sentence was enhanced on the basis of a prior conviction that was obtained where there was a failure to appoint counsel in violation of the Sixth Amendment, the current sentence cannot stand and habeas relief is appropriate." (Emphasis added.) Id., at 404 , 121 S.Ct. 1567 ; see also Lebron v. Commissioner of Correction , supra, 274 Conn. at 517, 876 A.2d 1178 (recognizing the Gideon exception as articulated in Lackawanna ).

11
State v. Skakelgreen
conn · 2006 · cited in 1 Connecticut opinions naming this issue, 2010–2010
2 sentences

2010See State v. Skakel, 276 Conn. 633, 680-81 , 888 A.2d 985 (The court noted the presumption that “procedural or remedial statutes are intended to apply retroactively absent a clear expression of legislative intent to the contrary ....

2010See State v. Skakel, 276 Conn. 633, 680-81 , 888 A.2d 985 (The court noted the presumption that “procedural or remedial statutes are intended to apply retroactively absent a clear expression of legislative intent to the contrary ....

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Connecticut. Read the followed side critically anyway.

Also cited on this issue (20)

CaseCitedYears
State v. Varszegi green
conn · 1996
2 sentences

2025For example, in State v. Varszegi, 236 Conn. 266 , 673 A.2d 90 (1996), this court noted that the defense of necessity in the context of prison escapes required some external, natural force: ‘‘In 1 Hale P.C. 611 (1736), it was written that if a prison caught fire and a prisoner departed to save his life, the necessity to save his life excuseth the felony.’’ (Internal quotation marks omitted.) State v. Varszegi, supra, 282 .

2025For example, in State v. Varszegi, 236 Conn. 266 , 673 A.2d 90 (1996), this court noted that the defense of necessity in the context of prison escapes required some external, natural force: ‘‘In 1 Hale P.C. 611 (1736), it was written that if a prison caught fire and a prisoner departed to save his life, the necessity to save his life excuseth the felony.’’ (Internal quotation marks omitted.) State v. Varszegi, supra, 282 .

12025–2025
Papa v. New Haven Federation of Teachers green
conn · 1982
2 sentences

2017This court noted that the claim was "reviewable ... because it goes to the defendants' fundamental right to a fair trial." Id., at 740 , 444 A.2d 196 .

2017This court noted that the claim was "reviewable ... because it goes to the defendants' fundamental right to a fair trial." Id., at 740 , 444 A.2d 196 .

12017–2017
Brockway v. State green
alaskactapp · 2001
1 sentence

2017Id.

12017–2017
Lackawanna County District Attorney v. Coss green
scotus · 2001
1 sentence

2017The court concluded that "[w]hen an otherwise qualified § 2254 petitioner can demonstrate that his current sentence was enhanced on the basis of a prior conviction that was obtained where there was a failure to appoint counsel in violation of the Sixth Amendment, the current sentence cannot stand and habeas relief is appropriate." (Emphasis added.) Id., at 404 , 121 S.Ct. 1567 ; see also Lebron v. Commissioner of Correction , supra, 274 Conn. at 517, 876 A.2d 1178 (recognizing the Gideon exception as articulated in Lackawanna ).

12017–2017
Custis v. United States green
scotus · 1994
1 sentence

2016Id., 496–97.

12016–2016
KLM Industries, Inc. v. Berkery green
conn · 2001
1 sentence

2011The court noted the standard applicable to terminations under § 17-112 (j) (3) (E): “The critical issue is whether the parent has gained the ability to care for the particular needs of the child at issue.” (Internal quotation marks omitted.) In re Mariah S., 61 Conn. App. 248, 261 , 763 A.2d 71 (2000), cert, denied, 255 Conn. 934 , 767 A.2d 104 (2001).

12011–2011
In re Mariah S. green
conn · 2001
1 sentence

2011The court noted the standard applicable to terminations under § 17-112 (j) (3) (E): “The critical issue is whether the parent has gained the ability to care for the particular needs of the child at issue.” (Internal quotation marks omitted.) In re Mariah S., 61 Conn. App. 248, 261 , 763 A.2d 71 (2000), cert, denied, 255 Conn. 934 , 767 A.2d 104 (2001).

12011–2011
In re Mariah S. green
connappct · 2000
2 sentences

2011The court noted the standard applicable to terminations under § 17-112 (j) (3) (E): “The critical issue is whether the parent has gained the ability to care for the particular needs of the child at issue.” (Internal quotation marks omitted.) In re Mariah S., 61 Conn. App. 248, 261 , 763 A.2d 71 (2000), cert, denied, 255 Conn. 934 , 767 A.2d 104 (2001).

2011The court noted the standard applicable to terminations under § 17-112 (j) (3) (E): “The critical issue is whether the parent has gained the ability to care for the particular needs of the child at issue.” (Internal quotation marks omitted.) In re Mariah S., 61 Conn. App. 248, 261 , 763 A.2d 71 (2000), cert, denied, 255 Conn. 934 , 767 A.2d 104 (2001).

12011–2011
In Re Melody L. green
conn · 2009
2 sentences

2011Before the court may terminate parental rights, it must find “by clear and convincing evidence, that the level of rehabilitation [that the parent has] achieved, if any, falls short of that which would reasonably encourage a belief that at some further date she can assume a responsible position in her child’s life.” (Internal quotation marks omitted.) In re Melody L., 290 Conn. 131, 149 , 962 A.2d 81 (2009).

2011Before the court may terminate parental rights, it must find “by clear and convincing evidence, that the level of rehabilitation [that the parent has] achieved, if any, falls short of that which would reasonably encourage a belief that at some further date she can assume a responsible position in her child’s life.” (Internal quotation marks omitted.) In re Melody L., 290 Conn. 131, 149 , 962 A.2d 81 (2009).

12011–2011
Morris v. Costa green
conn · 1978
2 sentences

2011In addition, it alleged that the damage to their wall reduced the value of their property and diminished their quiet enjoyment of it. 5 General Statutes § 52-577 provides that “[n]o action founded upon a tort shall be brought but within three years from the date of the act or omission complained of.” 6 The court noted that the doctrine of equable estoppel “ ‘rests on the misleading conduct of one party to the prejudice of the other’,” quoting Morris v. Costa, 174 Conn. 592, 599 , 392 A.2d 468 (1978).

2011In addition, it alleged that the damage to their wall reduced the value of their property and diminished their quiet enjoyment of it. 5 General Statutes § 52-577 provides that “[n]o action founded upon a tort shall be brought but within three years from the date of the act or omission complained of.” 6 The court noted that the doctrine of equable estoppel “ ‘rests on the misleading conduct of one party to the prejudice of the other’,” quoting Morris v. Costa, 174 Conn. 592, 599 , 392 A.2d 468 (1978).

12011–2011
State v. Gionfriddo green
conn · 1966
2 sentences

2009The defendant refers to State v. Gionfriddo, 154 Conn. 90 , 221 A.2d 851 (1966), in support of his claim that the court abused its discretion in denying his *833 motion for a mistrial.

2009The defendant refers to State v. Gionfriddo, 154 Conn. 90 , 221 A.2d 851 (1966), in support of his claim that the court abused its discretion in denying his *833 motion for a mistrial.

12009–2009
Mathews v. Livingston green
conn · 1912
2 sentences

2008The tenant has the exclusive possession of his rooms, while the lodger has merely the use without the actual or exclusive possession, which remain in the lessor.” Mathews v. Livingston, 86 Conn. 263, 267 , 85 A. 529 (1912). 9 We are aware that the insurer, in recovering from the defendant the amount it paid to Deveau, will retain the premium paid by her for the insurance coverage although it will not have sustained a monetary loss arising from the insurance coverage.

2008The tenant has the exclusive possession of his rooms, while the lodger has merely the use without the actual or exclusive possession, which remain in the lessor.” Mathews v. Livingston, 86 Conn. 263, 267 , 85 A. 529 (1912). 9 We are aware that the insurer, in recovering from the defendant the amount it paid to Deveau, will retain the premium paid by her for the insurance coverage although it will not have sustained a monetary loss arising from the insurance coverage.

12008–2008
Wasko v. Manella green
conn · 2004
1 sentence

2008In DiLullo v. Joseph, supra, 259 Conn. 848 , the plaintiffs were the insured property owners and their insurer, Public Service Mutual Insurance Company. 6 The court did not explicitly find that the defendant was a social houseguest but impliedly found that he was a social guest by stating: “A guest, as distinguished from a boarder, is bound for no stipulated time.” The court noted that the analysis utilized in Wasko v. Manella, supra, 269 Conn. 527 , determined that “a social houseguest who negligently caused a fire was liable to the insurer which paid the claim for the insured loss.” The cour

12008–2008
Shepard v. United States green
scotus · 2005
2 sentences

2006Instead, the court noted that the inquiry must be confined to reference to judicial records "of the convicting court approaching the certainty of the record of conviction in a [state that defines burglary in the same manner as the act]." Id., at 23 , 125 S.Ct. 1254 .

2006Instead, the court noted that the inquiry must be confined to reference to judicial records "of the convicting court approaching the certainty of the record of conviction in a [state that defines burglary in the same manner as the act]." Id., at 23 , 125 S.Ct. 1254 .

12006–2006
Karp v. Speizer green
arizctapp · 1982
1 sentence

2003Id., 601 .

12003–2003
State v. Brown green
conn · 1995
2 sentences

1999The court acknowledged that under State v. Brown, 235 Conn. 502, 525-26 , 668 A.2d 1288 (1995) (en banc), some type of inquiry into the defendant’s allegations was required, but it was unwilling to subpoena Williams or Brantle at that stage of the inquiry.

1999The court acknowledged that under State v. Brown, 235 Conn. 502, 525-26 , 668 A.2d 1288 (1995) (en banc), some type of inquiry into the defendant’s allegations was required, but it was unwilling to subpoena Williams or Brantle at that stage of the inquiry.

11999–1999
State v. Orhan green
connappct · 1999
2 sentences

1999As we noted in State v. Orhan, 52 Conn. App. 231, 243 , 726 A.2d 629 (1999), “[t]he controlling language from Troupe does not limit the identifying information that may be provided.

1999As we noted in State v. Orhan, 52 Conn. App. 231, 243 , 726 A.2d 629 (1999), “[t]he controlling language from Troupe does not limit the identifying information that may be provided.

11999–1999
Mullen v. Horton green
connappct · 1997
2 sentences

1998In a factually unrelated case, Mullen v. Horton , 46 Conn. App. 759 , 772 , 700 A.2d 1377 (1997), an appellate court was faced with deciding whether it should adopt the doctrine of "apparent authority." The court noted that this doctrine had been adopted in other jurisdictions, but "because we are bound by Connecticut precedent . . . we conclude that the doctrine of apparent authority is inapplicable to this case." Here, absent controlling authority to the contrary, the court rejects, as applicable to the present case, the plaintiff's "public trust" arguments.

1998In a factually unrelated case, Mullen v. Horton , 46 Conn. App. 759 , 772 , 700 A.2d 1377 (1997), an appellate court was faced with deciding whether it should adopt the doctrine of "apparent authority." The court noted that this doctrine had been adopted in other jurisdictions, but "because we are bound by Connecticut precedent . . . we conclude that the doctrine of apparent authority is inapplicable to this case." Here, absent controlling authority to the contrary, the court rejects, as applicable to the present case, the plaintiff's "public trust" arguments.

11998–1998
cluster 478954 green
ca4 · 1986
1 sentence

1996In Leasing Service Corp. v. Crane, 804 F.2d 828 , 833 (CA 4, 1986) the court noted that the clause was on the reverse side of a two page fine print contract.

11996–1996
Quinn Associates, Inc. v. Borkowski neutral
connsuperct · 1988
1 sentence

1993"If the parties submitted to the arbitrator the question of whether the claimant should be compensated a specific sum, then, by awarding a different sum, the arbitrator exceeds his power." Id. at 21 .

11993–1993

Statutes the citing opinions construe

CT § Conn. Gen. Stat. § 51-199 (3) CT § Conn. Gen. Stat. § 53a-54a (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

IL 165 (1935–2026) CA 132 (1944–2026) TX 114 (1973–2026) LA 74 (1965–2022) OH 62 (1945–2026) FL 61 (1961–2019) PA 60 (1936–2025) WA 48 (1942–2026) NJ 45 (1962–2026) KS 40 (1961–2021) MO 37 (1959–2017) TN 35 (1983–2025) IN 35 (1982–2017) MD 32 (1979–2023) MI 31 (1977–2024) NY 30 (1962–2023) OR 29 (1967–2025) IA 28 (1965–2023) MS 27 (1990–2022) AZ 25 (1976–2024) AL 23 (1940–2026) WI 22 (1966–2026) VA 22 (1989–2026) OK 19 (1980–2019) CT 18 (1993–2025) MN 16 (1959–2014) DC 13 (1977–2005) NC 13 (1986–2021) CO 12 (1982–2020) NE 12 (1988–2026) NM 11 (1961–2012) WY 11 (1956–2011) UT 10 (1983–2025) GA 10 (1973–2014) ID 10 (1982–2022) WV 10 (1994–2021) KY 10 (1983–2023) HI 8 (1999–2016) AR 8 (1987–2017) MA 8 (1967–2026) SC 8 (1985–2026) MT 7 (1994–2013) DE 7 (1923–2024) SD 7 (1988–2026) RI 6 (1985–2023) AK 6 (1971–2006) ND 6 (1974–2025) VT 4 (1981–2024) NV 3 (1979–1993) NH 3 (1976–2016) ME 2 (1973–2006)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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