The Connecticut Supreme Court has released its argument calendar for its second term of the 2016-2017 sitting. Here’s a look at the first week:
Tuesday, October 11th
The Court starts the October term with a family appeal and a habeas appeal. In Gabriel v. Gabriel, SC 19571, the Court granted certification to review the Appellate Court’s decision as to whether the trial court’s modification of unallocated alimony and child support was proper after there was a change in the primary custodial parent. In Kaddah v. Commissioner of Correction, SC 19512, the Supreme Court will consider whether a prisoner has a right to the effective assistance of counsel in a second habeas proceeding, challenging the quality of the representation at the first habeas proceeding.
Wednesday, October 12th
The Court will hear three cases, one in the area of creditor/debtor rights and the other two in criminal law. In The Cadle Company v. Fletcher, SC 19583, the Court will consider a question certified to it by the Second Circuit as to whether, under Connecticut law, income that is leftover after a garnishment by one creditor is subject to a fraudulent transfer claim by another creditor if the residual amount is deposited by the debtor into a third party’s bank account. State v. Holley, SC 19662, is a Fourth Amendment case challenging the adequacy of a search warrant to justify the seizure of a firearm from the defendant’s residence. In State v. Bush, SC 19492, the Court will hear the State’s appeal from the Appellate Court’s decision reversing the defendant’s racketeering conviction for insufficient evidence and finding that the trial court’s denial of a continuance request by the pro se defendant violated the Sixth Amendment.
Thursday, October 13th
The Court will hear cases in employment law and tax law. The issue in Tomick v. United Parcel Service, SC 19505, is whether punitive damages can be awarded in an employment discrimination action under Connecticut General Statutes § 46a-104 (Murtha Cullina represents UPS and filed this brief in this appeal). Allen v. Commissioner of Revenue, SC 19567, raises the issue of whether it is constitutional for Connecticut to tax a nonresident’s income for exercising qualified stock options while living out of state, when the options were initially granted when the taxpayer was working in Connecticut.
Friday, October 14th
The first week of the October term comes to a close with a property case and an energy case. In Lackman v. Hunt Mcanulty, SC 19668, the Court will address whether real property held in trust could be devised pursuant to a will under General Statutes § 47-20. In Connecticut Energy Marketers Association v. Department of Energy and Environmental Protection, SC 19620, the Court will consider whether environmental impact evaluations are required for a statewide natural gas expansion project.
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