The Supreme Court held its first conference since returning from the summer break on Tuesday, September 13th to consider petitions for certification filed by parties seeking to appeal from decisions of the Appellate Court. In order to appeal from an Appellate Court decision, three or more justices of the Supreme Court most vote to grant a party’s petition for certification. From our review, it appears that there were three petitions granted during last week’s conference. Here are the Appellate Court decisions that will now be reviewed by the Supreme Court:

Harnage v. Lightner, 163 Conn. App. 337 (2016) (dismissal of prisoner lawsuit for lack of personal jurisdiction based on failure to serve state employees in individual capacity).

State v. Tierinni, 165 Conn. App. 839 (2016) (holding defendant waived claim that he had constitutional right to be present for arguments on evidentiary objections).

Nuzzi v. Nuzzi, 164 Conn. App. 751 (2016) (reviewing post-dissolution motion to modify unallocated alimony and child support).

These cases will soon appear on the Supreme Court’s docket. We will update with additional cert grants as we become aware of them.

Today, the Connecticut Attorney General filed an application for certification to file a public interest appeal in Connecticut Coalition for Justice in Education Funding, Inc. v. Rell, HHD-CV-14-5037565-S, the high-profile school funding lawsuit pending in Hartford Superior Court. The State is seeking permission to pursue an appeal under Connecticut General Statutes Section 52-265a which permits immediate appellate review of decisions rendered before the completion of a case under special circumstances.

Last week, Judge Thomas Moukawsher issued a 90-page post-trial decision declaring that Connecticut’s education funding policy is “irrational.” Rather than enter a final judgment, the court scheduled further proceedings to be held after the State has submitted to the court proposed reforms and after the plaintiffs have commented on those proposals. The judge gave the State until March 6, 2017 to submit its proposal addressing education related concerns such as the relationship between state and local government in education, a formula for statewide funding, standards for hiring, evaluating, and paying teachers, and funding and defining special education. In the last words of its decision, the court “retain[ed] jurisdiction” over the case until those issues had been addressed.

Continue Reading CCJEF v. Rell: Connecticut’s School Funding Case Headed to Supreme Court