State Files Opening Brief In Skakel Habeas Appeal
Posted: August 11, 2014 Filed under: Appellate Law | Tags: bishop, habeas, michael skakel, skakel 1 CommentLast week prosecutors filed their opening appellate brief in an effort to persuade the Connecticut Supreme Court to reverse a trial court’s judgment that Michael Skakel’s former attorney, Michael “Mickey” Sherman, did not provide a constitutionally adequate defense at Skakel’s murder trial. Not surprisingly, the gist of the state’s argument is that the trial judge improperly “second guessed” Sherman’s defense tactics.
According to the Supreme Court’s electronic docket, Skakel’s opposition brief is due on September 8, 2014, although I wouldn’t be surprised if his attorneys’ ask for an extension of time; the state’s opening brief is 247 pages long!
News12 Interview On Freedom Of Information
Posted: August 4, 2014 Filed under: General Law | Tags: chris vandehoef, freedom of information, news12, tom appleby Leave a commentLast Friday, News12 Connecticut’s Tom Appleby interviewed me and Chris VanDeHoef, president of the Connecticut Daily Newspaper Association, about recent developments on the freedom of information front in Connecticut.
Whoever said the camera adds 10 lbs. to a person was lying; in my case it adds at least 20. 🙂
Don’t Forget To Object To Unpreserved Arguments
Posted: July 16, 2014 Filed under: Uncategorized Leave a commentNotwithstanding significant recent developments in the law concerning appellate review of unpreserved arguments and issues, the general rule remains that a party cannot raise an issue on appeal unless she has preserved it in the trial court. That rule, however, is not self-executing; it can be waived. If a party raises an issue for the first time on appeal and the opposing party does not object, the Appellate Court can go right ahead and review the unpreserved issue on its merits.
Can A Judicial Decision Be Both Right And Wrong At The Same Time?
Posted: July 9, 2014 Filed under: Appellate Law | Tags: 1-210(b)(3), 1-215, foia, freedom of information, Gifford Leave a commentOn Monday the Connecticut Supreme Court released its unanimous decision in an important Freedom of Information Act (“FOIA”) case, Comm’r of Public Safety v. FOIC, which involved a 2008 request for arrest records by the New Haven Register. The media and open government advocates, myself included, have expressed considerable disappointment with the decision, which holds that the police (both local and state) need only disclose the barest minimum of information about an arrest. (Disclosure: I supervised several students from the Yale Law School Media Freedom and Information Access Clinic, which wrote a fantastic amicus brief in the case on behalf of a multitude of media and open government organizations.) Read the rest of this entry »
Hobby Lobby Flowcharts!
Posted: July 3, 2014 Filed under: Appellate Law | Tags: hobby lobby 1 CommentClick here for my first stab at trying to make the Supreme Court’s Hobby Lobby decision a little bit more understandable. I’ll be adding more information to the flowcharts in the coming days. Read the rest of this entry »
Two Points Make A Line (And Suggest A Troubling Trend)
Posted: July 1, 2014 Filed under: Appellate Law 2 CommentsOn June 3, the Connecticut Supreme Court officially released its decision in State v. Elson, one of less than a handful of cases in Connecticut history in which the Supreme Court reversed a trial judge after concluding that he had not committed an error of law or fact. (State v. Ubaldi and State v. Santiago are the only other cases of which I’m aware.) No trial judge likes to get reversed, but all trial judges understand that the potential for reversal comes with the job. However, for an appellate court to reverse a trial judge after concluding that he or she did not commit a legal error must really hurt.
Legal Health Break
Posted: June 13, 2014 Filed under: Legal Health Break Leave a commentThe son of Marion Ross (Richie Cunningham’s mom) is a great impressionist. I promise he will bring a big smile to your face. Enjoy!
That’s One Hell Of An Accusation Hubie
Posted: June 11, 2014 Filed under: General Law | Tags: dcf, hubie santos, joette katz 1 CommentHartford attorney Hubert “Hubie” Santos is one of the most respected criminal defense attorneys in the State of Connecticut. Rightly so. When he makes a representation in open court about a fact that he believes to be true, people listen. Judges listen. And the media reports what he says.
The Hartford Courant reports today that in a hearing before Superior Court Judge Julia Dewey on Monday, Attorney Santos accused Department of Children and Families Commissioner Joette Katz of intentionally interfering in a criminal prosecution by using her power to have a prosecutor removed from the case. Santos said:
Judicial Selection And Incumbent Judges
Posted: June 3, 2014 Filed under: General Law Leave a commentThe Hartford Courant has reported that Superior Court Judge Curtissa R. Cofield, who has received two serious disciplinary suspensions in recent years, is going through the Judicial Selection Commission (JSC) process for reappointment as a judge when her current eight-year term expires in June 2015.
The Plain Meaning Rule And The FOI Exemption For Homicide Photographs
Posted: May 25, 2014 Filed under: Appellate Law | Tags: 1-2z, 13-311, favish, homicide photographs, perkins, Sandy Hook 2 CommentsThis post is about how General Statutes section 1-2z, which codifies the “plain meaning rule” of statutory interpretation, can lead to judicial interpretations of statutes that are completely at odds with what everyone knows the legislature actually intended when passing a law. To illustrate my point, I examine legislation enacted in 2013 concerning homicide photographs.
Appealingly Brief! 