[Part A, Motion for Defendants Gus Curcio and Francis Curcio to Dismiss the Indictment, dated July 14, 1982. Dahill Donofrio v. Assessor, Town of Stratford; and Town of Stratford An evidentiary hearing of the Freedom of Information Commission in the following matter was held on March 4, 2014 in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. Performance & security by Cloudflare. Sultan Realty The Court added, 439 U.S. at 391, 99 S. Ct. at 683: This appears to be especially true where the uncertainty induced by the statute threatens to inhibit the exercise of constitutionally protected rights. The prosecutor said that the Government's evidence on this count would revolve around Acabbo's borrowings from Vagnini whom Acabbo knew to be a loanshark working for Francis Curcio. The prosecutor and experienced defense counsel, whose brief cites Allen six times, should have known from a reading of that opinion that we could not properly pass on the abstract question with respect to 892(b) here tendered. Share Francis Curcio's plea was taken first. 688, 695, 751 A.2d 394 (2000). [J]udgment is not completed until damages have been assessed. Tureck v. George, 44 Conn.App. All rights reserved. The court has already addressed the issues of standing and subject matter jurisdiction and need not revisit its prior analysis. FN4. 6 0 obj 4 records for "Dahill Donofrio" in "Fairfield County". Nevertheless, the plaintiff has attached a properly authenticated affidavit to its reply memorandum, curing the alleged deficiencies in the original Hopkins affidavit.6. WebD.A.D. As the Court there observed, 328 U.S. at 647-48, 66 S. Ct. at 1184: A different case would arise if the substantive offense committed by one of the conspirators was not in fact done in furtherance of the conspiracy, did not fall within the scope of the unlawful project, or was merely a part of the ramifications of the plan which could not be reasonably foreseen as a necessary or natural consequence of the unlawful agreement. At a trial the Government could well have decided to drop the substantive counts against Francis; additional fines were all it could gain from convictions under them, as distinguished from the one under the conspiracy count which it had to prove in any event. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. New Haven v. God's Corner Church, Inc., 108 Conn.App. Accordingly, and for the foregoing reasons, the Bank's motion for summary judgment as to liability only is granted. 989] (1954), or is so indefinite that "it encourages arbitrary and erratic arrests and convictions," Papachristou v. Jacksonville, 405 U.S. 156, 162 [92 S. Ct. 839, 843, 31 L. Ed. However, in light of the contemplation of the plea agreement that no jury would ever be impaneled, the question reserved must be read to be that the pretrial publicity was so serious that none of these measures could repair the damage and that dismissal of the indictment was required. denied, 240 Conn. 914, 691 A.2d 1080 (1997). 4 Whip asserts that, by extension, this court lacks subject matter jurisdiction over the matter. Bowman, Westport, Conn., for appellant Dahill D'Onofrio. Get free summaries of new Second Circuit US Court of Appeals opinions delivered to your inbox! L. Rev. Furthermore, [t]he Superior Court is a court of general jurisdiction. But the possibility of such violence would not have been the understanding of the creditor and the debtor at the time the loan was made, as 891(6) requires. (203) 378-.css-1y2reja{color:transparent;position:relative;z-index:12;text-shadow:0.1rem 0.1rem 0.6rem #089FE4;}HOUE. Bradshaw Smith v. James Redeker, Commissioner, State of Connecticut, Department of Transportation; State of Connecticut Department of Transportation; Kevin Maloney, Chairman, State of Connecticut, Connecticut Public Transportation Commission; and State of Connecticut, Connecticut Public Transportation Commission. The court will consider the Hopkins affidavit attached to the Bank's reply memorandum in place of the original Hopkins affidavit attached to the motion for summary judgment in resolving this matter. Dahill departed this 2 bed / 3 bath condo in 2005. Their name are Joanna D'Onofrio, Richard J Donofrio, and five others. Hardiman and Cray would have testified to a loan from D'Onofrio at 4% interest per week; Francis Curcio discussed the loan with Cray and when Hardiman left town before repaying the debt, Gus Curcio told Cray that he was "hunting for" Hardiman. KUWIrpQI)M}D.0#n)fj6E 1269 font size. On two occasions defendants' attorneys were asked by the district court if they had "any substantial disagreement with the Government's description of the proof it could offer at trial." Rather, the thrust of 4 Whip's objection concerns the subject matter jurisdiction of the court. The district court, on December 9, 1982, entered an order approving the defendants' reservation for appeal to this court of the issues described in Exhibit A to their respective plea agreements. 1214, 1226 (1977). 134, 137, 948 A.2d 1035 (2008). The Court has dealt with the question in six later cases: Brady v. United States, 397 U.S. 742, 90 S. Ct. 1463, 25 L. Ed. 1975); United States v. Molina, 581 F.2d 56, 60 (2 Cir. The complainant failed to appear. 564, 577-85 (1980). They have also lived in Its rationality would be much clearer in a case replete with evidence of defendants' use or threats of violence to effect collection than in one where there was no such evidence and the prosecution relied solely on evidence of the creditor's reputation. The complainant failed to appear. 2d 222] (1972).15. By virtue of a quit claim deed dated and recorded on November 17, 2006, Donofrio transferred an interest in the subject property to 4 Whip. Therefore, the fourth, fifth, seventh and eighth special defenses fail to preclude summary judgment. Lower courts should not lend their aid to efforts to present the Court with additional problems. We likewise do not see how a full trial could bring appellants' claim regarding pretrial publicity, in part allegedly the result of prosecutorial misconduct, into sharper focus. Thus, 4 Whip was made a party to this action due to its status as a subsequent interest holder. This evidence was to be used to show that Francis Curcio "was in overall charge of the extortion conspiracy and that he had to personally authorize loans of the size over a few thousand dollars". 4Whip's fourth, fifth, seventh and eighth special defenses concern lack of standing and subject matter jurisdiction. All parties and witnesses must appear in person for their contested case hearings and Commission meetings. The plea agreements were not signed by the United States Attorney for the District of Connecticut but Mr. Keefer represented to the district court that he had orally approved them, The reference was doubtless to the holding in that case that, when the prosecution has substantial evidence of guilt, "An individual accused of crime may voluntarily, knowingly, and understandingly consent to the imposition of a prison sentence even if he is unwilling or unable to admit his participation in the acts constituting the crime." You can email the site owner to let them know you were blocked. Chief Judge Daly denied the motions to dismiss in an opinion filed on September 23, 1982. 2"(3IOmn?b5 Sometimes Dahill goes by various nicknames including 1980). Franklin Credit Management Corp. v. Nicholas, 73 Conn.App. denied, 229 Conn. 912, 642 A.2d 1207 (1994).4 The Bank was substituted as the party plaintiff in the present matter. 400 U.S. at 37, 91 S. Ct. at 167, Whether 18 U.S.C. 2d 368 (1970), and that the rule of Pinkerton v. United States is unconstitutional. This website is using a security service to protect itself from online attacks. 1982). It is desirable at this point to analyze the former claim in somewhat more detail. Specifically, the Bank argues that it has established a prima facie case for mortgage foreclosure and that 4 Whip's special defenses are legally insufficient. (Emphasis in original). The fact that no other court has exclusive jurisdiction in any matter is sufficient to give the Superior Court jurisdiction of that matter [T]he general rule of jurisdiction is that nothing shall be intended to be out of the jurisdiction of a Superior Court but that which specially appears to be so [N]o court is to be ousted of its jurisdiction by implication. (Internal quotation marks omitted.) Unlike the frequent case where the maximum punishment under the general conspiracy section, 18 U.S.C. Stratford, Connecticut. WebFor over 20 years, Dahill has provided superior document management hardware and software solutions 8200 W Interstate 10, Ste 400, San Antonio, TX 78230 Specifically, 4 Whip argues that the Bank lacks standing to bring the present action because Taylor was not assigned the subject mortgage at the time the action was originally commenced. Uncover details about birth, marriage, and divorce. On March 30, 2009, the original plaintiff, Taylor, Bean and Whitaker Mortgage Corp. (Taylor), filed an amended single-count complaint, alleging the following facts. In addition to what has been recounted above, the prosecutor said that Acabbo would testify that at the time when the extensions of credit were made, he believed that the Curcios had reputations for the use of threats and violence in the collection of loans. This need to know the evidence in passing on the constitutionality of a "permissive presumption" is not satisfied by the Government's representation in the plea agreements that "it would be necessary to utilize the provisions of 18 U.S.C. Accordingly, the ninth special defense also fails. Share. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. See also Amsterdam, The Void for Vagueness Doctrine in the Supreme Court, 109 U. Pa. L. Rev. [Part C, Motion of Defendants Gus Curcio and Francis Curcio to Dismiss the Indictment, dated July 14, 1982. The substitute plaintiff, the Bank of New York, as Trustee for TBW Mortgage-Backed Trust 2007-1 Mortgage Pass-Through Certificates, Series 2007-1 (the Bank), now moves for summary judgment as to liability against the defendant 4 Whip, LLC (4 Whip). The Bank filed a reply memorandum on September 23, 2010, and the matter was heard at the short calendar on November 1, 2010. Webdefendant and her estranged husband, Dahill Donofrio. The mortgage was subsequently assigned from MERS to Taylor on January 15, 2009. WebDahill Donofrio 's birthday is 04/28/1954 and is 68 years old. Please try again. This is the third time in which appellants Francis and Gus Curcio have been before us in this case, see 680 F.2d 881 (1982); 694 F.2d 14 (1982). Defendant had moved for dismissal of a count in an indictment charging this offense on the ground that compelling registration violated his Fifth Amendment privilege against self-incrimination, and pleaded guilty after his motion was denied. Leonard A Donofrio, 66. Presumably because his plea was to the conspiracy count, the prosecutor made no further proffer of evidence. and three grandchildren. WebLived In Canton CT, West Hartford CT, Farmington CT, Wethersfield CT. Related To Elizabeth Donofrio, Leonard Donofrio, Susan Donofrio, John Donofrio. No votes were taken. WebThere are 6 other people named Dahill Donofrio on AllPeople. As the party moving for summary judgment, the [movant] is required to support its motion with supporting documentation, including affidavits. Heyman Associates No. (c) In any prosecution under this section, if evidence has been introduced tending to show the existence of any of the circumstances described in subsection (b) (1) or (b) (2), and direct evidence of the actual belief of the debtor as to the creditor's collection practices is not available, then for the purpose of showing the understanding of the debtor and the creditor at the time the extension of credit was made, the court may in its discretion allow evidence to be introduced tending to show the reputation as to collection practices of the creditor in any community of which the debtor was a member at the time of the extension. 1978). The prosecutor also described evidence with respect to a loan transaction, again involving 3% weekly interest, between Alchimio and Vagnini, who was acting on behalf of Francis Curcio. Indeed, as pointed out in 1 Weinstein & Berger, Evidence under the United States Rules, p 303, at 303-25 (1982), the novelty of Allen, and the point on which the majority of five and the minority of four divided, was its holding that in determining whether a "permissive presumption" satisfied the rationality test "the proper evidence to scrutinize is not the general experience of the community or the validity of the legislative findings which support the presumption, but rather the evidence submitted in the particular case at issue." In addition, defendant Francis Curcio moved to dismiss substantive counts Three through Seven on the ground that the holding in Pinkerton v. United States, 328 U.S. 640, 66 S. Ct. 1180, 90 L. Ed. Moreover, the Bank has established that it is the holder of the subject note and mortgage through its evidentiary submissions. 250 Temple St, New Haven, CT, 06511. Dan "Danny" Dahill (September 28, 1919 April 15, 2013) was an American lawyer and legislator. The well established rule is that a summary judgment rendered upon the issue of liability only, without deciding damages, is not a final judgment from which an appeal lies. Balf Co. v. Spera Construction Co., 222 Conn. 211, 212, 608 A.2d 682 (1992). Dahill has lived with Santa in a single family house in Stratford, CT. Search for birth, death, marriage, divorce, US Census, and military records. 22-23), to vacate the convictions and permit withdrawal of the guilty pleas. 4Whip has brought forth no evidence with which to support its special defenses or raise a genuine issue of material fact in this matter. In support of this the Court cited United States v. United States Gypsum Co., 438 U.S. 422, 434-446, 98 S. Ct. 2864, 2871-2878, 57 L. Ed. Taylor, Bean & Whitaker Mortgage Corp. v. Dahill A. Donofrio et al. Unsurprisingly, if a jury is instructed with respect to a "presumption", "the jury instructions will generally be controlling", 442 U.S. at 157-59 n. 16, 99 S. Ct. at 2224-26 n. 16. 892(a) authorizes the same penalties for conspiracy, to wit, a fine of not more than $10,000 or imprisonment of not more than 20 years or both, as for the substantive crime. Some of the features on CT.gov will not function properly with out javascript enabled. 1489 (1946), on which the prosecutor represented he would be obliged to rely, should be overruled. 189, 194, 916 A.2d 130 (2006), citing Bank of America, FSB v. Hanlon, 65 Conn.App. The pleas of the two Curcios and Garcia were taken at a hearing on December 6, 1982; D'Onofrio's at a hearing on December 9. WebAngelo is on the list of graduates from high school. 1308, 1310 (1978). Web29 Hospital Plaza Suite 502 Stamford, CT 06902. Webelizabeth baptist church pastor oliver. Member of: Stamford Health Medical Group. It has jurisdiction of all matters expressly committed to it and of all other matters cognizable by any law court of which the exclusive jurisdiction is not given to some other court. NOTICE: The special meeting scheduled in the following matter for March 7, 2014 at 9:30 AM, was postponed. 1397, 90th Cong., 2d Sess., reprinted in 1968 U.S.Code Cong. A unit of Global Imaging Systems, the office products FN6. Having decided that the questions of void-for-vagueness and prejudicial publicity were properly reserved but that the questions of the constitutionality of 892(b) and Pinkerton were not, we must decide whether we should answer the two former or simply remand with instructions, which defendants have properly requested (Reply Brief, pp. Building. There are 4 court records for "Dahill Donofrio" in "Fairfield County". 367 (1952). 2d 195 (1975) (per curiam) (double jeopardy). 2d 110] (1972), is void for vagueness. Since we have held that appellants' claims with respect to the constitutionality of 892(b) and Francis Curcio's claim with respect to the constitutionality of the Pinkerton doctrine were improperly reserved by them and have declined to answer these claims, we accede to their requests that we vacate their convictions on conditional pleas of guilty and remand to the district court with instructions to permit the pleas to be withdrawn. FN6. Gus Curcio told Cray that he had to collect the interest, no matter what he had to do to get it. 577, 581, 783 A.2d 88 (2001). CV 99 0549266 (July 13, 2000, Martin, J. V. 1946), "no refinement or clarification of issues which we can reasonably anticipate would bring into better focus the question of whether the contested section is written so vaguely and indefinitely that one whose conduct it affected could only guess what it meant." 173.236.152.142 IndyMac Bank, F.S.B. 'Bd} MEs5F4 i/ 1979) (Wisdom, J.) L. Rev. In other words, a plea of guilty may operate as a forfeiture of all defenses except those that, once raised, cannot be "cured". Leonard J. FN5. 4 Whip offers no specific factual assertions or evidence in support of its first three defenses. 2016 CT.gov | Connecticut's Official State Website. WebCheck Mr. Louis E D Onofrio's office address in Stratford, CT and make an appointment. 1-707-651-1025. 4Whip has raised nine special defenses. 830, 838, 812 A.2d 51 (2002), cert. 1375 (1940), had publicly expressed their disapproval with it, and the Court in a subsequent decision had distinguished Gobitis instead of relying on it. You can email the site owner to let them know you were blocked. Sign up for our free summaries and get the latest delivered directly to you. WebDan "Danny" Dahill (September 28, 1919 April 15, 2013) was an American lawyer and legislator.. Born in Glen Jean, West Virginia, Dahill served in the United States Marine YvXP+U$Y$iqAn2e^M?iB,'_:8*5]C0uQn7msIa1m Robert Cushman appeared on his own behalf. See also United States v. International Union, United Automobile, Aircraft and Agricultural Implement Workers, 352 U.S. 567, 590-92, 77 S. Ct. 529, 540-41, 1 L. Ed. The reason for the sparse discussion of the survival of the constitutional claim is clear. There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. 2 talking about this. 892(b) and the Pinkerton doctrine, Pinkerton v. United States, 328 U.S. 640, 66 S. Ct. 1180, 90 L. Ed. 1265, 1285-86 (1978). Dahill Donofrio filed a voluntary petition for relief under Chapter 11 of the United States Bankruptcy Code. Instead the Court held that " [a]s long as it is clear that the presumption is not the sole and sufficient basis for a finding of guilt", it need meet only a "more likely than not" rather than a "beyond a reasonable doubt" standard, and, after analyzing the precise facts and jury instructions in Allen, concluded that the New York statute passed the test as there applied. There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. The court will consider the Hopkins affidavit attached to the Bank's reply memorandum in place of the original Hopkins affidavit attached to the motion for summary judgment in resolving this matter. denied, 425 U.S. 960, 96 S. Ct. 1742, 48 L. Ed. Practice Book 9-16 provides: If, pending the action, the plaintiff assigns the cause of action, the assignee, upon written motion, may either be joined as a co-plaintiff or be substituted as a sole plaintiff, as the judicial authority may order; provided that it shall in no manner prejudice the defense of the action as it stood before such change of parties.. 13 0 obj <> denied, 289 Conn. 956, 961 A.2d 420 (2008). The first, second and third special defenses generally allege that the Bank failed to comply with the terms of the note and mortgage deed. Not only does 892(b) specifically declare that "this subsection is nonexclusive", but the legislative history recognizes that "it may be unnecessary for the prosecution to make use of sections 892(b) and 892(c)". NOTICE: The special meeting scheduled in the following matter for March 5, 2014 at 9:30 AM was cancelled. Find census, military, and other historical records.*. Questions Post Question There are no questions yet for this company. It will be time enough for the Court to reconsider Pinkerton, if it desires to do so, in a case where it has a full record and application of the rule would make some substantial difference. 321, 361-66 (1980); Nessen, Rationality, Presumptions, and Judicial Comment: A Response to Professor Allen, 94 Harv. 2d 563 (1957); United States v. Raines, 362 U.S. 17, 21, 80 S. Ct. 519, 522, 4 L. Ed. Greenwich Silver Shield Association v. Director, Human Resources Department, Town of Greenwich; Human Resources Department, Town of Greenwich; and Town of Greenwich, Robert Cushman v. Chief, Police Department, Town of Montville; and Police Department, Town of Montville, Dahill Donofrio v. Assessor, Town of Stratford; and Town of Stratford, Kareem Hedge v. Chief, Police Department, City of Bridgeport; and Police Department, City of Bridgeport, Edward Peruta v. Reuben Bradford, Commissioner, State of Connecticut, Department of Emergency Services and Public Protection; and State of Connecticut, Department of Emergency Services and Public Protection, Edward Peruta v. Reuben Bradford, Commissioner, State of Connecticut, Department of Emergency Services and Public Protection, Division of State Police; Paul Mounts, Supervisor, State of Connecticut, Department of Emergency Services and Public Protection, Division of State Police; and State of Connecticut, Department of Emergency Services and Public Protection, Division of State Police, Edward Peruta v. Reuben Bradford, Commissioner, State of Connecticut, Department of Emergency Services and Public Protection, Division of State Police; and State of Connecticut, Department of Emergency Services and Public Protection, Division of State Police, Paul Baer v. William Witkowski, Chairman, Board of Education, Thompson Public Schools; and Board of Education, Thompson Public Schools, Bradshaw Smith v. James Readeker, Commissioner, State of Connecticut, Department of Transportation; State of Connecticut Department of Transportation; Kevin Maloney, Chairman, State of Connecticut, Connecticut Public Transportation Commission; and State of Connecticut, Connecticut Public Transportation Commission, Anne Stevenson v. Chief Public Defender, State of Connecticut, Office of the Public Defender, Division of Public Defender Services; and State of Connecticut, Office of the Public Defender, Division of Public Defender Services.