Posts tagged with "Wilton"

Appellate Court Finds Sufficient Evidence to Convict, Declines Review of Other Claims Due to Inadequate Briefing

In a recent criminal law matter, the Appellate Court of Connecticut was not persuaded by a defendant’s claims of insufficient evidence to establish DUI and would not review his claim of prosecutorial impropriety because his appellate brief was inadequate.

This case arose from an incident that occurred at 7pm in Wilton on December 19, 2007. A citizen saw the defendant driving very slowly, hitting the right curb repeatedly, and nearly colliding with three cars in the opposite lane. This citizen and others boxed in the defendant after he came to a stop in the wrong lane. Police soon arrived and observed the smell of alcohol, the defendant’s slurred speech, and what appeared to be a red wine stain on his shirt. They administered the standard field sobriety tests, but the defendant failed one and then refused to perform the other two. He was arrested and brought to police headquarters, where he refused to submit to a breath test. The defendant admitted to consuming multiple drinks in his vehicle starting one hour before he was stopped.

The defendant was charged with operating a motor vehicle while under the influence (OMVUI) of alcohol in violation of Connecticut General Statutes (CGS) § 14-227a(a)(1). During closing arguments, the prosecutor stated, “What bigger piece of circumstantial evidence would there be if the defendant was under the influence other than his refusal to take the test?” The defendant was subsequently convicted, though he appealed on multiple grounds. He argued that the evidence was insufficient to prove OMVUI. He further claimed that prosecutorial impropriety deprived him of a fair trial, because the prosecutor’s statement constituted compulsory self-incrimination.

To convict a defendant of OMVUI, the State must prove, beyond a reasonable doubt, that he operated a motor vehicle on a public highway while under the influence of alcohol or drugs. When a reviewing court adjudicates a sufficiency of the evidence claim, it construes the evidence so as to favor sustaining the verdict. It then determines whether, based on the facts and attendant inferences, a reasonable jury would have found that “the cumulative effect of the evidence established guilt beyond a reasonable doubt.” A jury may consider, pursuant to CGS § 14-227a(e), any inference regarding a defendant’s refusal to submit to a chemical alcohol test. In this case, the Appellate Court found ample evidence that the defendant committed OMVUI, based on his appearance and behavior, the field sobriety tests, and his refusal to submit to a breath test. Therefore, the Court rejected this claim.

Courts are under no duty to review claims that are inadequately briefed. As the Appellate Court discussed in a previous case, “Where a claim is asserted in the statement of issues but thereafter receives only cursory attention in the brief without substantive discussion or citation of authorities, it is deemed to be abandoned.” In this case, the Appellate Court declined to review the defendant’s claim of prosecutorial impropriety because his brief was not adequate. He did not provide “any analysis, or cite any legal authority, to explain how his fifth amendment privilege against compulsory self-incrimination is implicated by the prosecutor’s statement in the present case.” After reviewing one additional claim on review, the Appellate Court affirmed the judgment.

When faced with a charge of operating a motor vehicle while intoxicated (a.k.a. driving under the influence) or license suspension, an individual is best served by consulting with an experienced criminal law practitioner. Should you have any questions regarding criminal defense, please do not hesitate to contact Attorney Joseph C. Maya in the firm’s Westport office in Fairfield County at 203-221-3100 or at JMaya@Mayalaw.com.

Written by Lindsay E. Raber, Esq.

$50,000 Car Accident Settlement for Woman Struck During Police Chase

The state of Connecticut has agreed to a $50,000 car accident settlement with a North Haven woman whose van was hit by a car being chased by a police officer six years ago.

Michelle Reed claimed in her personal injury lawsuit that the accident caused post-traumatic stress disorder which requires her to rely on the comfort of a service dog 24/7 to deal with her pain. Reed did not sustain any physical injuries from the accident.

The strange case began when Connecticut Trooper William Urgo pulled over Ricky Lyons for speeding in July 2000 and developed what he described in testimony as a “gut instinct” that the woman in the car with Lyons was being held against her will. This feeling proved wrong as the passenger, Colleen Shea, was in the vehicle based on her own will. In fact, Shea owned the car.

Nervous by Urgo’s suspicions, Lyons suddenly sped off from the officer. A chase ensued for the next 4.5 miles with speeds reaching 90 mph. Immediately after Urgo’s supervisor called off the chase when Lyons drove down a North Haven ramp, the suspect slammed into Reed’s van at a stoplight. In addition to the state and Reed’s personal injury lawyer coming to terms on a settlement, Lyons and Shea agreed to pay $7,000 and $500 respectively to Reed.

By Mary Ann Pekara, totalinjury.com

At Maya Murphy, P.C., our experienced team of personal injury attorneys is dedicated to achieving the best results for individuals and their families and loved ones whose daily lives have been disrupted by injury.  Our personal injury attorneys assist clients in New York, Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Westport, and throughout Fairfield County. If you have any questions relating to a personal injury claim or would like to schedule a free consultation, please contact our Westport office by phone at (203) 221-3100 or via e-mail at JMaya@Mayalaw.com 

The Best Divorce Lawyers CT: Divorce Attorneys Fairfield County, Connecticut

Maya Murphy’s Matrimonial Law Group consists of a dedicated team of lawyers committed to representing its clients through the most complex divorce proceedings. As a significant portion of our Matrimonial Law Group’s client base consists of high net worth individuals, we have experience dealing with the valuation and division of a variety of assets including businesses, residential and commercial real estate, high-end personal property, trusts, various retirement vehicles, as well as stocks, bonds and other securities. Our matrimonial lawyers also counsel the Firm’s clients through the formation and execution of pre-marital agreements, and often collaborate with our Trusts & Estates Group regarding issues involving trusts, testamentary instruments and estate planning. With attorneys licensed to practice in Connecticut and New York, we routinely handle cases originating in Fairfield County, Westchester County and New York City.

Our Matrimonial Law Group represents clients in dissolution and separation proceedings, custody and child support cases, as well as post-judgment custody and support modifications. Our matrimonial lawyers handle each and every case professionally and diligently. Though we aggressively litigate our more acrimonious cases when required, we always take into account the individual and unique needs, position and desires of each client, and recognize the importance of negotiating settlements when appropriate. Our matrimonial lawyers are well versed in the mediation process as well, and are often retained in a neutral capacity, providing our clients with an alternative to the traditional adversarial divorce model.

Maya Murphy’s Matrimonial Law Group is dedicated to providing its clients with high quality representation, including a thorough knowledge of the law, unsurpassed attention to detail, unwavering client support and constant preparedness. We understand that our clients are often in the worst situations they will ever personally encounter, and seek, at every turn, to alleviate their fears while protecting and advancing their interests in a court of law.

Our firm provides representation in all trial and appellate courts for matters relating to dissolution of marriage including: legal separation, property division, alimony, child custody, child support, and visitation rights. Our firm is experienced in dealing with the legal, financial, emotional and psychological issues arising in family and matrimonial relationships. Our attorneys have extensive experience representing individuals in matters involving all types of divorce and family law issues.

Maya Murphy’s offices are located in Westport, Connecticut and serves clients in locations including Stamford, Hartford, New Haven, Danbury, Waterbury, Bridgeport, Greenwich, Norwalk, Milford, Stratford, Fairfield County, Hartford County, New Haven County, Litchfield County, Middlesex County, Tolland County, Windham County, and New London County.

To discuss a case please contact Joseph C. Maya or H. Daniel Murphy at (203) 221-3100 in Connecticut or (212) 682-5700 in New York. Mr. Maya can be reached via e-mail at JMaya@Mayalaw.com and Mr. Murphy can be reached via e-mail at HDMurphy@Mayalaw.com.

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Our family law firm in Westport Connecticut serves clients with divorce, matrimonial, and family law issues from all over the state including the towns of: Bethel, Bridgeport, Brookfield, Danbury, Darien, Easton, Fairfield, Greenwich, Monroe, New Canaan, New Fairfield, Newton, Norwalk, Redding, Ridgefield, Shelton, Sherman, Stamford, Stratford, Trumbull, Weston, Westport, and Wilton. We have the best divorce attorneys and family attorneys in CT on staff that can help with your Connecticut divorce or New York divorce today.

If you have any questions or would like to speak to a divorce law attorney about a divorce or familial matter, please don’t hesitate to call our office at (203) 221-3100. We offer free divorce consultation as well as free consultation on all other familial matters. Divorce in CT and divorce in NYC is difficult, but education is power. Call our family law office in CT today.

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