The third term of the Connecticut Supreme Court’s 2016-2017 sitting begins today. Here are the cases that it will be hearing this week:
Monday, November 7th
The Court starts the November term with CCT Communications, Inc. v. Zone Telecom, Inc., SC 19574, a case which explores whether a contract’s termination clause for filing bankruptcy is effective when the bankruptcy case is filed but subsequently dismissed. The second case is Disciplinary Counsel v. Elder, SC 19698, where the Court will consider whether a lawyer was properly suspended for misrepresenting his identity on a telephone call ten years prior to the grievance complaint, in light of the Practice Book’s six year limitations period for attorney grievances.
Tuesday, November 8th
In State v. Bennett, SC 18862, the Court will hear a murder defendant’s claim that he was denied his constitutional right to present a defense because the trial court would not issue a material witness warrant for a witness who was in Puerto Rico at the time of trial, but who had told police that she had heard another man at the scene claim to have committed the stabbing. The second case is Burns v. Adler, SC 19560, SC 19561, where the Court will consider whether a home improvement contractor who fails to comply with the Home Improvement Act is entitled to payment for work performed where the homeowner invokes the failure to comply with the statute in “bad faith.”
Wednesday, November 9th
The day’s first case is State v. Lima, SC 19736, where the Court will determine whether a trial court accepting a guilty plea must canvass the defendant as to whether he has spoken with his lawyer about any immigration consequences stemming from the conviction. In the second case, State v. Lester, SC 19183, the defendant argues that a child sexual assault victim’s previous unproven allegation of improper touching was erroneously excluded from consideration by the jury under the rape shield law.
Thursday, November 10th
The first week closes with two more criminal cases. In State v. McClain, SC 19532, the Court will consider whether it can reverse a conviction under the plain error rule where a claim that the jury should have been instructed on the consciousness of guilt doctrine was not preserved at trial. The second case, State v. Baccala, SC 19717, presents the question of whether a breach of peace conviction for abusive language towards a grocery store employee violated the free speech protections of the state and federal constitutions.
AppellateInsights provides analysis and insight on appeals of interest to the business community. Check back after the oral arguments for posts further analyzing appeals that may affect Connecticut businesses.