Supreme Court of Connecticut, 1999

In re James L.

Supreme Court of Connecticut · Decided December 13, 1999 · Berdon

252 Conn. 907; 743 A.2d 618; 1999 Conn. LEXIS 451

Cases that cite this one

11 later published cases cite this decision.

In re Walker C. (Conn. App. Ct. 2020)
Johnson v. Raffy's Café I, LLC (Conn. App. Ct. 2017)
In re Kyara H. (Conn. App. Ct. 2014)
Bennett v. Chenault (Conn. App. Ct. 2013)
Elliott v. Larson (Conn. App. Ct. 2004)
Terracino v. Fairway Asset Management, Inc. (Conn. App. Ct. 2003)
Hayes v. Yale-New Haven, No. Cv 96 0393656 S (Jun. 26, 2002) (Connecticut Superior Court 2002)
Wendt v. Wendt, No. Fa99 0172598 S (Mar. 1, 2001) (Connecticut Superior Court 2001)
State v. Silva (Conn. App. Ct. 2001)
In re Cheyenne A. (Conn. App. Ct. 2000)
Davis v. Fracasso (Conn. App. Ct. 2000)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Dissenting Opinion

BERDON, J.,

dissenting. I would grant certification to appeal on the following issues: Whether the trial court in considering the termination of the parental rights of the natural father and mother impermissibly considered the termination of prior pregnancies by abortion implicating the mother’s right under Roe v. Wade, 410 U.S. 113, 93 S. Ct. 705, 35 L. Ed. 2d 147 (1973). See Doe v. Maher, 40 Conn. Sup. 394, 515 A.2d 134 (1986). The Appellate Court refused to review this issue because “[n]owhere in the transcript of any proceeding or in any pleading [did it] find any indication, even remotely,” that the issue was raised. In re James L., 55 Conn. App. 336, 349, 738 A.2d 749 (1999). That is absolutely correct. The simple reason is that it was raised by the trial court in its final memorandum of decision.

I would also grant certification on whether we should abandon the “waiver rule.” See id., 340; see also Dindo v. Grand Union Co., 331 F.2d 138, 141 (2d Cir. 1968); State v. Rutan, 194 Conn. 438, 440, 479 A.2d 1209 (1984).

Accordingly, I dissent.

Debra Cohen and Jennifer E. Davis, in support of the petition. Susan T. Pearlman, assistant attorney general and Eugene P. Falco, in opposition. Decided December 13, 1999

SULLIVAN, J., did not participate in the consideration or decision of this petition.

Opinion of the Court

The respondent parents petition for certification for appeal from the Appellate Court, 55 Conn. App. 336 (AC 17869/18155), is denied.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.