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16 Connecticut opinions name it 3 courts 1981–2025 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.
| Case | Followed | Cited |
|---|---|---|
State v. Fryegreen2 sentences2021See State v. Frye, 224 Conn. 253, 262 , 617 A.2d 1382 (1992) (right to counsel is so basic that its violation mandates rever- sal even if no particular prejudice is shown and even if there is overwhelming evidence of guilt) . . . .’’ (Internal quotation marks omitted.) Newland v. Com- missioner of Correction, 322 Conn. 664 , 699–700, 142 A.3d 1095 (2016) (McDonald, J., dissenting). ‘‘[C]ourts have rarely applied Cronic, emphasizing that only [non- representation], not poor representation, triggers a pre- sumption of prejudice.’’ (Internal quotation marks omit- ted.) Hutton v. Commissioner of C 2021See State v. Frye, 224 Conn. 253, 262 , 617 A.2d 1382 (1992) (right to counsel is so basic that its violation mandates rever- sal even if no particular prejudice is shown and even if there is overwhelming evidence of guilt) . . . .’’ (Internal quotation marks omitted.) Newland v. Com- missioner of Correction, 322 Conn. 664 , 699–700, 142 A.3d 1095 (2016) (McDonald, J., dissenting). ‘‘[C]ourts have rarely applied Cronic, emphasizing that only [non- representation], not poor representation, triggers a pre- sumption of prejudice.’’ (Internal quotation marks omit- ted.) Hutton v. Commissioner of C | 3 | 3 |
Miriam Sakol v. Commissioner of Internal Revenuegreen2 sentences1984“While it is intellectually impossible to articulate accurately the doctrinal underpinning of the Supreme Court’s recent decisions in the irrebuttable presumption area, ‘congressional judgments in the form of “irrebuttable presumptions” in the economic area will *369 be upheld where there is a rational relationship between the criteria set forth in the statutory mandate and a legitimate congressional purpose. ’ (Emphasis added.) Sakol v. Commissioner of Internal Revenue, 574 F.2d 694, 698 (2d Cir. 1978). 1981While it is intellectually impossible to articulate accurately the doctrinal underpinning of the Supreme Court’s recent decisions in the irrebuttable presumption area, 4 “congressional judgments in the form of ‘irrebuttable presumptions’ in the economic area will be upheld where there is a rational relationship between the criteria set forth in the statutory mandate and a legitimate congressional purpose. ” (Emphasis added.) Sakol v. Commissioner of Internal Revenue, 574 F.2d 694, 698 (2d Cir. 1978). | 2 | 3 |
Newland v. Commissioner of Correctiongreen2 sentences2021See State v. Frye, 224 Conn. 253, 262 , 617 A.2d 1382 (1992) (right to counsel is so basic that its violation mandates rever- sal even if no particular prejudice is shown and even if there is overwhelming evidence of guilt) . . . .’’ (Internal quotation marks omitted.) Newland v. Com- missioner of Correction, 322 Conn. 664 , 699–700, 142 A.3d 1095 (2016) (McDonald, J., dissenting). ‘‘[C]ourts have rarely applied Cronic, emphasizing that only [non- representation], not poor representation, triggers a pre- sumption of prejudice.’’ (Internal quotation marks omit- ted.) Hutton v. Commissioner of C 2021See State v. Frye, 224 Conn. 253, 262 , 617 A.2d 1382 (1992) (right to counsel is so basic that its violation mandates rever- sal even if no particular prejudice is shown and even if there is overwhelming evidence of guilt) . . . .’’ (Internal quotation marks omitted.) Newland v. Com- missioner of Correction, 322 Conn. 664 , 699–700, 142 A.3d 1095 (2016) (McDonald, J., dissenting). ‘‘[C]ourts have rarely applied Cronic, emphasizing that only [non- representation], not poor representation, triggers a pre- sumption of prejudice.’’ (Internal quotation marks omit- ted.) Hutton v. Commissioner of C | 2 | 2 |
Weinberger v. Salfigreen2 sentences1995SeeMichael H. v. Gerald D., supra, 491 U.S. 120 -22, 127; id., 132 (O’Connor, J., concurring); id., 133 (Stevens, J., concurring); id., 136 (Brennan, J., dissenting); id., 158, 160-61 (White, J., dissenting); see also Weinberger v. Salfi, 422 U.S. 749, 772-73, 777 , 95 S. Ct. 2457 , 45 L. 1995SeeMichael H. v. Gerald D., supra, 491 U.S. 120 -22, 127; id., 132 (O’Connor, J., concurring); id., 133 (Stevens, J., concurring); id., 136 (Brennan, J., dissenting); id., 158, 160-61 (White, J., dissenting); see also Weinberger v. Salfi, 422 U.S. 749, 772-73, 777 , 95 S. Ct. 2457 , 45 L. | 1 | 4 |
United States v. Cronicgreen2 sentences2019In Cronic , the court reasoned that such situations indicate that "there has been a denial of [s]ixth [a]mendment rights that makes the adversary process itself presumptively unreliable." United States v. Cronic , supra, at 659 , 104 S.Ct. 2039 . 1985See United States v. Cronic, 466 U.S. 648 , 104 S. Ct. 2039 , 80 L. | 1 | 2 |
State v. Lopezgreen2 sentences2025The petitioner in the present case has not raised a claim under Cronic. 0, 0 CONNECTICUT LAW JOURNAL Page 15 0 Conn. App. 1 ,0 17 Walker v. Commissioner of Correction Cf. State v. Brawley, 321 Conn. 583 , 588–89, 137 A.3d 757 (2016) (state must prove beyond reasonable doubt that shackling error did not contribute to verdict when court ordered defendant to wear shackles that were in view of jury); State v. Tweedy, 219 Conn. 489, 508 , 594 A.2d 906 (1991) (in absence of evidence that jury was aware defendant was shackled, it was clear beyond reasonable doubt that presumption of innocence was not 2025The petitioner in the present case has not raised a claim under Cronic. 0, 0 CONNECTICUT LAW JOURNAL Page 15 0 Conn. App. 1 ,0 17 Walker v. Commissioner of Correction Cf. State v. Brawley, 321 Conn. 583 , 588–89, 137 A.3d 757 (2016) (state must prove beyond reasonable doubt that shackling error did not contribute to verdict when court ordered defendant to wear shackles that were in view of jury); State v. Tweedy, 219 Conn. 489, 508 , 594 A.2d 906 (1991) (in absence of evidence that jury was aware defendant was shackled, it was clear beyond reasonable doubt that presumption of innocence was not | 1 | 1 |
Oudheusden v. Oudheusdengreen1 sentence2021See State v. Frye, 224 Conn. 253, 262 , 617 A.2d 1382 (1992) (right to counsel is so basic that its violation mandates rever- sal even if no particular prejudice is shown and even if there is overwhelming evidence of guilt) . . . .’’ (Internal quotation marks omitted.) Newland v. Com- missioner of Correction, 322 Conn. 664 , 699–700, 142 A.3d 1095 (2016) (McDonald, J., dissenting). ‘‘[C]ourts have rarely applied Cronic, emphasizing that only [non- representation], not poor representation, triggers a pre- sumption of prejudice.’’ (Internal quotation marks omit- ted.) Hutton v. Commissioner of C | 1 | 1 |
Fletcher v. Liebermangreen1 sentence2021See State v. Frye, 224 Conn. 253, 262 , 617 A.2d 1382 (1992) (right to counsel is so basic that its violation mandates rever- sal even if no particular prejudice is shown and even if there is overwhelming evidence of guilt) . . . .’’ (Internal quotation marks omitted.) Newland v. Com- missioner of Correction, 322 Conn. 664 , 699–700, 142 A.3d 1095 (2016) (McDonald, J., dissenting). ‘‘[C]ourts have rarely applied Cronic, emphasizing that only [non- representation], not poor representation, triggers a pre- sumption of prejudice.’’ (Internal quotation marks omit- ted.) Hutton v. Commissioner of C | 1 | 1 |
Hutton v. Commissioner of Correctiongreen2 sentences2021See State v. Frye, 224 Conn. 253, 262 , 617 A.2d 1382 (1992) (right to counsel is so basic that its violation mandates rever- sal even if no particular prejudice is shown and even if there is overwhelming evidence of guilt) . . . .’’ (Internal quotation marks omitted.) Newland v. Com- missioner of Correction, 322 Conn. 664 , 699–700, 142 A.3d 1095 (2016) (McDonald, J., dissenting). ‘‘[C]ourts have rarely applied Cronic, emphasizing that only [non- representation], not poor representation, triggers a pre- sumption of prejudice.’’ (Internal quotation marks omit- ted.) Hutton v. Commissioner of C 2021See State v. Frye, 224 Conn. 253, 262 , 617 A.2d 1382 (1992) (right to counsel is so basic that its violation mandates rever- sal even if no particular prejudice is shown and even if there is overwhelming evidence of guilt) . . . .’’ (Internal quotation marks omitted.) Newland v. Com- missioner of Correction, 322 Conn. 664 , 699–700, 142 A.3d 1095 (2016) (McDonald, J., dissenting). ‘‘[C]ourts have rarely applied Cronic, emphasizing that only [non- representation], not poor representation, triggers a pre- sumption of prejudice.’’ (Internal quotation marks omit- ted.) Hutton v. Commissioner of C | 1 | 1 |
Mierzejewski v. Brownellgreen2 sentences2021See State v. Frye, 224 Conn. 253, 262 , 617 A.2d 1382 (1992) (right to counsel is so basic that its violation mandates rever- sal even if no particular prejudice is shown and even if there is overwhelming evidence of guilt) . . . .’’ (Internal quotation marks omitted.) Newland v. Com- missioner of Correction, 322 Conn. 664 , 699–700, 142 A.3d 1095 (2016) (McDonald, J., dissenting). ‘‘[C]ourts have rarely applied Cronic, emphasizing that only [non- representation], not poor representation, triggers a pre- sumption of prejudice.’’ (Internal quotation marks omit- ted.) Hutton v. Commissioner of C 2021See State v. Frye, 224 Conn. 253, 262 , 617 A.2d 1382 (1992) (right to counsel is so basic that its violation mandates rever- sal even if no particular prejudice is shown and even if there is overwhelming evidence of guilt) . . . .’’ (Internal quotation marks omitted.) Newland v. Com- missioner of Correction, 322 Conn. 664 , 699–700, 142 A.3d 1095 (2016) (McDonald, J., dissenting). ‘‘[C]ourts have rarely applied Cronic, emphasizing that only [non- representation], not poor representation, triggers a pre- sumption of prejudice.’’ (Internal quotation marks omit- ted.) Hutton v. Commissioner of C | 1 | 1 |
Leon v. Commissioner of Correctiongreen2 sentences2021See State v. Frye, 224 Conn. 253, 262 , 617 A.2d 1382 (1992) (right to counsel is so basic that its violation mandates rever- sal even if no particular prejudice is shown and even if there is overwhelming evidence of guilt) . . . .’’ (Internal quotation marks omitted.) Newland v. Com- missioner of Correction, 322 Conn. 664 , 699–700, 142 A.3d 1095 (2016) (McDonald, J., dissenting). ‘‘[C]ourts have rarely applied Cronic, emphasizing that only [non- representation], not poor representation, triggers a pre- sumption of prejudice.’’ (Internal quotation marks omit- ted.) Hutton v. Commissioner of C 2021See State v. Frye, 224 Conn. 253, 262 , 617 A.2d 1382 (1992) (right to counsel is so basic that its violation mandates rever- sal even if no particular prejudice is shown and even if there is overwhelming evidence of guilt) . . . .’’ (Internal quotation marks omitted.) Newland v. Com- missioner of Correction, 322 Conn. 664 , 699–700, 142 A.3d 1095 (2016) (McDonald, J., dissenting). ‘‘[C]ourts have rarely applied Cronic, emphasizing that only [non- representation], not poor representation, triggers a pre- sumption of prejudice.’’ (Internal quotation marks omit- ted.) Hutton v. Commissioner of C | 1 | 1 |
Watson v. Watsongreen2 sentences2001“A fundamental principle in dissolution actions is that a trial court may exercise broad discretion in awarding alimony and dividing property as long as it considers all relevant statutory criteria.” (Internal quotation marks omitted.) O’Neill v. O’Neill, 13 Conn. App. 300, 306 , 536 A.2d 978 , cert. denied, 207 Conn. 806 , 540 A.2d 374 (1988); see Watson v. Watson, 20 Conn. App. 551, 555 , 568 A.2d 1044 (1990). 2001“A fundamental principle in dissolution actions is that a trial court may exercise broad discretion in awarding alimony and dividing property as long as it considers all relevant statutory criteria.” (Internal quotation marks omitted.) O’Neill v. O’Neill, 13 Conn. App. 300, 306 , 536 A.2d 978 , cert. denied, 207 Conn. 806 , 540 A.2d 374 (1988); see Watson v. Watson, 20 Conn. App. 551, 555 , 568 A.2d 1044 (1990). | 1 | 1 |
McNeil v. Wisconsingreen2 sentences1997In short, Minnick “establishes an irrebuttable presumption that a criminal suspect, after invoking his Miranda right to counsel, can never validly waive that right during any police-initiated encounter, even after the suspect has been provided multiple Miranda warnings and has actually consulted his attorney.” (Emphasis in original.) Id., 156 (Scalia, J., dissenting); see McNeil v. Wisconsin, 501 U.S. 171, 176-77 , 111 S. Ct. 2204 , 115 L. 1997In short, Minnick “establishes an irrebuttable presumption that a criminal suspect, after invoking his Miranda right to counsel, can never validly waive that right during any police-initiated encounter, even after the suspect has been provided multiple Miranda warnings and has actually consulted his attorney.” (Emphasis in original.) Id., 156 (Scalia, J., dissenting); see McNeil v. Wisconsin, 501 U.S. 171, 176-77 , 111 S. Ct. 2204 , 115 L. | 1 | 1 |
Bergeron v. Macklergreen1 sentence1995Bergeron v. Mackler, supra, at 399, ". . . there is an irrebuttable presumption that the former client revealed facts requiring the attorney's disqualification." Prisco v. Westgate Entertainment, Inc., 799 F. Sup. 256 , 269 (D. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Connecticut. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Menzies v. Fisher
green
2 sentences1984“In Menzies v. Fisher, 165 Conn. 338 , 334 A.2d 452 (1973), the Supreme Court reviewed the legislative history of § 31-297 (b) and found that the act ‘sought to correct some of the glaring inequities and inadequacies of the Workmen’s Compensation Act. 1984“In Menzies v. Fisher, 165 Conn. 338 , 334 A.2d 452 (1973), the Supreme Court reviewed the legislative history of § 31-297 (b) and found that the act ‘sought to correct some of the glaring inequities and inadequacies of the Workmen’s Compensation Act. | 3 | 1981–1984 |
Edwards v. Commissioner of Correction
neutral
2 sentences2025This is an irrebuttable presumption.’’ (Citation omitted; internal quotation marks omit- ted.) Edwards v. Commissioner of Correction, 183 Conn. App. 838 , 843–44, 194 A.3d 329 (2018). 2025This is an irrebuttable presumption.’’ (Citation omitted; internal quotation marks omit- ted.) Edwards v. Commissioner of Correction, 183 Conn. App. 838 , 843–44, 194 A.3d 329 (2018). | 2 | 2019–2025 |
State v. Tweedy
green
2 sentences2025The petitioner in the present case has not raised a claim under Cronic. 0, 0 CONNECTICUT LAW JOURNAL Page 15 0 Conn. App. 1 ,0 17 Walker v. Commissioner of Correction Cf. State v. Brawley, 321 Conn. 583 , 588–89, 137 A.3d 757 (2016) (state must prove beyond reasonable doubt that shackling error did not contribute to verdict when court ordered defendant to wear shackles that were in view of jury); State v. Tweedy, 219 Conn. 489, 508 , 594 A.2d 906 (1991) (in absence of evidence that jury was aware defendant was shackled, it was clear beyond reasonable doubt that presumption of innocence was not 2025The petitioner in the present case has not raised a claim under Cronic. 0, 0 CONNECTICUT LAW JOURNAL Page 15 0 Conn. App. 1 ,0 17 Walker v. Commissioner of Correction Cf. State v. Brawley, 321 Conn. 583 , 588–89, 137 A.3d 757 (2016) (state must prove beyond reasonable doubt that shackling error did not contribute to verdict when court ordered defendant to wear shackles that were in view of jury); State v. Tweedy, 219 Conn. 489, 508 , 594 A.2d 906 (1991) (in absence of evidence that jury was aware defendant was shackled, it was clear beyond reasonable doubt that presumption of innocence was not | 1 | 2025–2025 |
Nulman v. Weill
green
1 sentence2001“A fundamental principle in dissolution actions is that a trial court may exercise broad discretion in awarding alimony and dividing property as long as it considers all relevant statutory criteria.” (Internal quotation marks omitted.) O’Neill v. O’Neill, 13 Conn. App. 300, 306 , 536 A.2d 978 , cert. denied, 207 Conn. 806 , 540 A.2d 374 (1988); see Watson v. Watson, 20 Conn. App. 551, 555 , 568 A.2d 1044 (1990). | 1 | 2001–2001 |
In re Shavoughn K.
green
1 sentence2001“A fundamental principle in dissolution actions is that a trial court may exercise broad discretion in awarding alimony and dividing property as long as it considers all relevant statutory criteria.” (Internal quotation marks omitted.) O’Neill v. O’Neill, 13 Conn. App. 300, 306 , 536 A.2d 978 , cert. denied, 207 Conn. 806 , 540 A.2d 374 (1988); see Watson v. Watson, 20 Conn. App. 551, 555 , 568 A.2d 1044 (1990). | 1 | 2001–2001 |
Valentine v. Pollak
green
2 sentences2001“A presumption of law 12 must be based upon facts of universal experience and be controlled by inexorable logic.” (Internal quotation marks omitted.) Ducharme v. Putnam, 161 Conn. 135, 140 , 285 A.2d 318 (1971), citing Valentine v. Pollak, 95 Conn. 556, 561 , 111 A. 869 (1920). 2001“A presumption of law 12 must be based upon facts of universal experience and be controlled by inexorable logic.” (Internal quotation marks omitted.) Ducharme v. Putnam, 161 Conn. 135, 140 , 285 A.2d 318 (1971), citing Valentine v. Pollak, 95 Conn. 556, 561 , 111 A. 869 (1920). | 1 | 2001–2001 |
O'Neill v. O'Neill
green
2 sentences2001“A fundamental principle in dissolution actions is that a trial court may exercise broad discretion in awarding alimony and dividing property as long as it considers all relevant statutory criteria.” (Internal quotation marks omitted.) O’Neill v. O’Neill, 13 Conn. App. 300, 306 , 536 A.2d 978 , cert. denied, 207 Conn. 806 , 540 A.2d 374 (1988); see Watson v. Watson, 20 Conn. App. 551, 555 , 568 A.2d 1044 (1990). 2001“A fundamental principle in dissolution actions is that a trial court may exercise broad discretion in awarding alimony and dividing property as long as it considers all relevant statutory criteria.” (Internal quotation marks omitted.) O’Neill v. O’Neill, 13 Conn. App. 300, 306 , 536 A.2d 978 , cert. denied, 207 Conn. 806 , 540 A.2d 374 (1988); see Watson v. Watson, 20 Conn. App. 551, 555 , 568 A.2d 1044 (1990). | 1 | 2001–2001 |
Ducharme v. City of Putnam
green
2 sentences2001“A presumption of law 12 must be based upon facts of universal experience and be controlled by inexorable logic.” (Internal quotation marks omitted.) Ducharme v. Putnam, 161 Conn. 135, 140 , 285 A.2d 318 (1971), citing Valentine v. Pollak, 95 Conn. 556, 561 , 111 A. 869 (1920). 2001“A presumption of law 12 must be based upon facts of universal experience and be controlled by inexorable logic.” (Internal quotation marks omitted.) Ducharme v. Putnam, 161 Conn. 135, 140 , 285 A.2d 318 (1971), citing Valentine v. Pollak, 95 Conn. 556, 561 , 111 A. 869 (1920). | 1 | 2001–2001 |
Michael H. v. Gerald D.
green
2 sentences1995Although the United States Supreme Court also has held that an irrebuttable presumption of legitimacy does not offend the United States constitution; Michael H. v. Gerald D., 491 U.S. 110, 130 , 109 S. Ct. 2333 , 105 L. 1995Although the United States Supreme Court also has held that an irrebuttable presumption of legitimacy does not offend the United States constitution; Michael H. v. Gerald D., 491 U.S. 110, 130 , 109 S. Ct. 2333 , 105 L. | 1 | 1995–1995 |
Bell Stanton, Inc. v. Laughlin
green
1 sentence1994"It may, however, be contradicted and the facts shown to be otherwise. (citation omitted) Accordingly, the question for determination is whether in fact service was made at the defendant's usual place of abode." Id. at 360 . | 1 | 1994–1994 |
Nolan v. Borkowski
green
1 sentence1991"In ruling on a motion for summary judgment, the court's function is not to decide issues of material fact, but rather to determine whether any such issues exist." Nolan v. Borkowski, 206 Conn. 495 , 500 (1988). | 1 | 1991–1991 |
Wyckoff Trucking, Inc. v. Marsh Bros. Trucking Service, Inc.
green
1 sentence1991On April 20, 1991, the Ohio Supreme Court decided Wyckoff v. Marsh Brothers Trucking, 58 Ohio St.3d 261 , holding that under Interstate Commerce Commission (I.C.C.) CT Page 5752 regulations there is an irrebuttable presumption of an employment relationship between a lessee trucking company and the driver of a vehicle which displays the I.C.C. placard 1 of the lessee trucking company. | 1 | 1991–1991 |
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.