Advance Release Opinions – Appellate Court – August 3

Reviews of Connecticut Appellate Court decisions about defamation, foreclosure, and professional malpractice (legal). Yes, I’m far behind but plan to catch up by mid-October.

Defamation

Crismale v. Walston – Walston called DEEP to report that he had seen Crismale poaching his clams. DEEP officers responded, did their own investigation, and arrested Crismale. After the arrest, Walston told a newspaper reporter that he had “nailed” Crismale. Crismale was acquitted and sued Walston for defamation based on Walston’s statements to DEEP and the reporter, and for malicious prosecution. Trial court granted Walston summary judgment on his special defenses of privilege and opinion, and probable cause. Appellate Court affirmed, finding (1) Walston’s statements to DEEP enjoyed a qualified privilege, there being no evidence of malice to abrogate it; (2) though Crismale was correct that Walston’s statement to the reporter was one of fact, not opinion, the statement was true – Walston had nailed Crismale by reporting what he had seen to DEEP, which led to Crismale’s arrest – and thus not defamatory; and (3) there was no malicious prosecution because Walston demonstrated that he acted with probable cause and without malice in reporting to DEEP. Judge Lavine concurred, but wrote separately to express his disagreement that Walston’s statement to the reporter could not be anything other than a statement of fact.

Foreclosure

Goodwin Estate Association, Inc. v. Starke – In this action to foreclose a lien for unpaid condominium common charges, trial court denied Starke’s motion to open the judgment and his motion to dismiss for the Association’s failure to notify him of its standard foreclosure policy. Appellate Court affirmed, (1) declining to review as inadequately briefed Starke’s claim that trial court improperly considered equitable principles in deciding his motion to dismiss as opposed to his motion to open; and (2) finding that denial of motion to dismiss was proper since Starke had admitted to receiving the standard foreclosure policy.

Professional Malpractice (Legal)

Taylor v. Wallace – Taylor pleaded guilty to murder, got 25 years, and then brought at least 12 habeas petitions. Wallace was appointed to represent Taylor in one of the habeas proceedings. Taylor sued Wallace for legal malpractice and for using Taylor as “an unwitting and unwilling participant” in fraud against the state. Trial court dismissed the action. Appellate Court affirmed. As to legal malpractice, Appellate Court applied US Supreme Court precedent and concluded that “if success in a tort action would necessarily imply the invalidity of a conviction, the action is to be dismissed unless the underlying conviction has been invalidated.” Since Wallace could be guilty of legal malpractice only if Taylor was invalidly incarcerated, and Taylor remained validly incarcerated because his conviction had not been overturned, the action had to be dismissed as unripe, an aspect of subject matter jurisdiction. As to being a participant in a fraud against the state, Taylor lacked standing because he had no injury – any harm he suffered was wholly derivative of harm to the state.