On May 3, 2010, this court, Hartmere, J., granted a motion substituting the Bank as the party plaintiff and, on July 6, 2010, the Bank filed the present motion for summary judgment. 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. 688, 695, 751 A.2d 394 (2000). Appellants also argue that some of the requirements for the prima facie case set forth in 892(b) are unconstitutionally vague and that this taints 892(a). WebDahill Donofrio was associated with Sultan Realty Management in 2014. 1877 (1947), an appeal from the dismissal of an indictment under the Criminal Appeals Act as it then stood, 18 U.S.C. WebAngelo is on the list of graduates from high school. Here is Dahill's phone number (203) 929-6629 (Southern New England Tel Co). Under the majority's analysis, the rationality of 892(b), whether it be called an inference or a permissive presumption, would vary with the facts. Furthermore, [t]he Superior Court is a court of general jurisdiction. 2d 596 (1979): It is settled that, as a matter of due process, a criminal statute that "fails to give a person of ordinary intelligence fair notice that his contemplated conduct is forbidden by the statute," United States v. Harriss, 347 U.S. 612, 617 [74 S. Ct. 808, 811, 98 L. Ed. ], It has been argued that there is a constitutional right to plead conditionally guilty, at least in states in which defendants have the option to plead unconditionally guilty. Curcio cites no instance where a lower federal court has avowedly disregarded a controlling decision of the Supreme Court, and the only instance that occurs to us is the action of a three-judge court in the second flag salute case, Barnette v. West Virginia State Board of Education, 47 F. Supp. The agreement also contained detailed provisions as to what should happen, both with respect to the remaining counts of the indictment and with respect to prosecutions for violation of other criminal laws, on various contingencies relating to the action of this court on appeal (not, however, including the contingency that we might hold that some or all of the issues listed in Exhibit A were improperly reserved) and of the Supreme Court on petitions for certiorari. Attorney Alice M. Sexton appeared on behalf of the respondents. Your IP: The proceedings were digitally recorded. Therefore, the fourth, fifth, seventh and eighth special defenses fail to preclude summary judgment. FN5. WebAbbott, Jackie IFS Stratford 203-455-3134 Jessica.Kremer@ct.gov Acosta-Lopez, Angel SD Waterbury 203-805-7466 mallory.valdez@ct.gov Albertie, Mary IFS Danbury 203-448-3506 Shannon.Cooke@ct.gov Renee D'onofrio Kremmer, Jessica Mark LaMadeleine McCarthy Dori 13 (picked up SD CM) Salvo, Roseann 11 Santilli, Margherita 9 Abbie All rights reserved. Angelo Joseph D'onofrio (age 95) is listed at 487 Commanche Lane A Stratford, Ct 06614 and is affiliated with the Republican Party. denied, 425 U.S. 960, 96 S. Ct. 1742, 48 L. Ed. The most powerful argument made in favor of our deciding the reserved questions was the Government's contention, advanced at oral argument, that constitutional claims survive even an unconditional guilty plea. 1489 (1946), which the Government would use in counts three through seven to establish defendant Francis Curcio's guilt violates defendant Francis Curcio's rights so as to require dismissal of counts three through seven against him. Note, Conditional Guilty Pleas, 93 Harv. The present owner and occupier of the subject property is 4 Whip,1 and the unpaid balance under the subject note is $610,479.26. Med Offices 1st Fl Dept #130. Neither can the evidentiary deficiency be cured by our relying on the prosecutor's proffers at the taking of the pleas and appellants' acquiescence in them. As the Court recognized, the doctrine that a scienter argument may save a statute which might otherwise have to be condemned for vagueness stems from the plurality opinion in Screws v. United States, 325 U.S. 91, 101-02, 65 S. Ct. 1031, 1035-36, 89 L. Ed. YvXP+U$Y$iqAn2e^M?iB,'_:8*5]C0uQn7msIa1m Assistant Attorney General Terrence M. O'Neill appeared on behalf of the respondents. Counts may not reflect the number of records that will appear in search results. Instagram is a free photo sharing app which allows users to take a photo, apply a digital filter to it, and then share it on multiple social networking services. WebFor over 20 years, Dahill has provided superior document management hardware and software solutions 8200 W Interstate 10, Ste 400, San Antonio, TX 78230 Additionally, the defendant Connecticut Environmental Control, LLC, is a party to this action by virtue of a contractor's lien recorded on the Stratford land records on May 31, 2007..FN1. 1978). 849wqh ofqK\IHe'yH,NvDfHvZaa!kINp!'LNzY='Hs$rDfCY?y"lm>}Z\! 4 Whip has not raised a genuine issue of material fact with regard to its special defenses concerning the court's subject matter jurisdiction over the present action. In order to obtain a conviction under the substantive Count Three, to which Francis Curcio pleaded, by virtue of the Pinkerton rule, the Government would be obliged to tender evidence that would support a conviction under the conspiracy Count One, to which he was permitted not to plead. Attached to the Bank's reply are authenticated copies of the exhibits referred to in the second Hopkins affidavit. 2d 854 (1978); Papachristou v. Jacksonville, supra, 405 U.S. at 163, 92 S. Ct. at 843; and Boyce Motor Lines v. United States, 342 U.S. 337, 342, 72 S. Ct. 329, 331, 96 L. Ed. View property details and household demographic information related to income, investments, and interests. However, the legal principle is not so broad as the Government suggests. FN3. Find more info on AllPeople about Dahill Donofrio and 732 Bishop Avenue, LLC, as well as people who work for Alternatively, the Bank attacks each special defense on an individual basis, arguing that 4 Whip's special defenses fail to preclude summary judgment. Appellants' argument with respect to pretrial publicity revolves mainly around a mass of news articles, almost entirely in Bridgeport, Conn., papers, allegedly emanating from the Crime Task Force and the United States attorney, which describe the investigation of the Curcios and others by them and by a grand jury, and the testimony of an expert that as a result they could not receive a fair trial. Join to view profile Millennium group mgmt. 367, 369 n.2, 955 A.2d 544, cert. & Ad.News at 1962, 2027, See, e.g., 1 Weinstein & Berger, supra, p 303, at 303-23 ("an analysis which serves to confuse as much as to clarify the issues in this case"), 303-35 ("a troubling decision because the instructions given by the trial judge could well be read--as the dissenters argued--to have created a mandatory presumption, under the Court's own definition"); Allen, Structuring Jury Decisionmaking in Criminal Cases, 94 Harv. Viewing the available evidence in a light most favorable to 4 Whip, the Bank has established a prima facie case of mortgage foreclosure and 4 Whip's special defenses are insufficient to withstand the entry of summary judgment. 1979) (Wisdom, J.) Donofrio issued a promissory note to Taylor on November 7, 2006. Webdefendant and her estranged husband, Dahill Donofrio. at the time the extension of credit was made. No votes were taken. 371 (fine of not more than $10,000 or imprisonment of not more than five years or both) is less than for the substantive crime, 18 U.S.C. The Bank argues that 4 Whip's nine special defenses are legally insufficient. Cloudflare Ray ID: 7c0c6578fc39205d Locate on map. Also known as Leonard J D'Onofrio, Leonard Onfrio, Leonard Donotrio, Lenny D Onofrio. WebDahill Donofrio is a 1972 graduate of Bunnell High School in Stratford, Connecticut. Fax: 203-961-8488. Francis Curcio's plea was taken first. Click to reveal 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. 1308, 1310 (1978). This, as was the claim of prosecutorial misconduct before the grand jury in United States v. Thibadeau, supra, 671 F.2d at 80, is "an issue of constitutional dimension on which an adequate record has been developed". Get free summaries of new Second Circuit US Court of Appeals opinions delivered to your inbox! In particular, the Bank argues that all of 4 Whip's special defenses must fail for lack of factual allegations. 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. The proceedings were digitally recorded. Franklin Credit Management Corp. v. Nicholas, 73 Conn.App. The sixth special defense alleges a lack of personal jurisdiction and is again unsupported by any factual allegations. Web3 FREE public records found for Dahill Donofrio in Stratford, CT. FastPeopleSearch results include contact information such as addresses, phone numbers, and email Rather, the thrust of 4 Whip's objection concerns the subject matter jurisdiction of the court. WebView Dahill Donofrios profile on LinkedIn, the worlds largest professional community. Based on the foregoing factors, the present foreclosure action is properly before the court.5 Issues of standing resolved, the court next turns to the Bank's argument that it is entitled to summary judgment as to liability. The Supreme Court decision cited by the Government, Haynes v. United States, 390 U.S. 85, 88 S. Ct. 722, 19 L. Ed. Dr. D'Onofrio resides in Stamford with his wife, has six children (two sets of twins!) Bowman, Westport, Conn., for appellant Dahill D'Onofrio. 891 and 892(b) are constitutional. 892. The hearing convened at 11:06 AM, with Hearing Officer, Tracie C. Brown presiding. 439 U.S. at 395, 99 S. Ct. at 685. Donofrio, 4 Whip and the defendant Connecticut Environmental, LLC, have all appeared in this matter and were properly served with process. An evidentiary hearing of the Freedom of Information Commission in the following matter was held on March 6, 2014 in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. Conf.Rep. 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." Thus, 4 Whip was made a party to this action due to its status as a subsequent interest holder. You can help Wikipedia by expanding it. ASSOCIATES, LLC in Stratford, CT | Company Info & Reviews Company Information Sponsored Links Company Contacts DONOFRIO DAHILL Member 135 Allendale Dr Stratford, CT 06614 Reviews Write Review There are no reviews yet for this company. 6 0 obj We have emphasized only recently the efficacy of the voir dire in cases (Abscam and Watergate) involving far more extensive publicity than occurred here. Sometimes Dahill goes by various nicknames including 4Whip's fourth, fifth, seventh and eighth special defenses concern lack of standing and subject matter jurisdiction. 688, 695, 751 A.2d 394 (2000). A unit of Global Imaging Systems, the office products As said in Menna v. New York, supra, 423 U.S. at 62-63 n. 2, 96 S. Ct. at 242 n. 2, "a counseled plea of guilty is an admission of factual guilt so reliable that, where voluntary and intelligent, it quite validly removed the issue of factual guilt from the case." 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. In other words, a plea of guilty may operate as a forfeiture of all defenses except those that, once raised, cannot be "cured". [J]udgment is not completed until damages have been assessed. Tureck v. George, 44 Conn.App. 2d 563 (1957); United States v. Raines, 362 U.S. 17, 21, 80 S. Ct. 519, 522, 4 L. Ed. Before the argument of the appeal the court advised counsel by letter that they "should be prepared to address at oral argument the question whether, in view of United States v. Burns, 684 F.2d 1066 (2 Cir. The hearing convened at 2:15 PM, with Hearing Officer, Kathleen K. Ross presiding. The second Hopkins affidavit assert[s] that the affiant [is] employed by the servicing agent for the substitute plaintiff, a relationship strong enough to establish a foundation for the affiant's claims that she [is] familiar with the books and records regarding the defendant's indebtedness. Bank of America, FSB v. Franco, 57 Conn.App. 1 v. Ins. 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. Hours of Operation 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. Hand made exotic belts and bags. On March 30, 2009, the original plaintiff, Taylor, Bean and Whitaker Mortgage Corp. (Taylor), filed an amended single-count complaint, alleging the following facts. 1375 (1940), had publicly expressed their disapproval with it, and the Court in a subsequent decision had distinguished Gobitis instead of relying on it. The indictment, returned on January 13, 1982, contained seven counts. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 134, 137, 948 A.2d 1035 (2008). 410, 416, 885 A.2d 768 (2005). You're all set! 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. Professor Westen, repelling Professor Saltzburg's attack, nevertheless seems to accept the amendments, Forfeiture by Guilty Plea--A Reply, 76 Mich. L. Rev. If it did not follow that course, it could have chosen not to defend convictions on the substantive crimes on appeal rather than provide Francis Curcio with a vehicle for challenging Pinkerton in the Supreme Court. L 3/\"_i_mP{%wl)ewY[FSN'%Df[#('Z+i:YU|xYGV>&($W3!s;>\1.O^YI11$R1osQ"9$KE-0/ The Debtor's case was assigned case 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. No votes were taken. The presence or absence of records for any individual is not a guarantee of any kind. 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." denied, 289 Conn. 956, 961 A.2d 420 (2008). FN4. You can email the site owner to let them know you were blocked. The second Hopkins affidavit assert[s] that the affiant [is] employed by the servicing agent for the substitute plaintiff, a relationship strong enough to establish a foundation for the affiant's claims that she [is] familiar with the books and records regarding the defendant's indebtedness. Bank of America, FSB v. Franco, 57 Conn.App. 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. 4 Whip was served on January 20, 2009, and the defendant Connecticut Environmental, LLC, was served on January 21, 2009. 1297 (1956) (F.R.Civ.P. Dept. Specifically, 4 Whip alleges: (1) failure to comply with the provisions of the note and deed; (2) failure to comply with mandatory conditions precedent to the acceleration of the loan and commencement of suit; (3) failure to provide the requisite notice pursuant to the terms of the note and deed; (4) lack of standing; (5) lack of subject matter jurisdiction; (6) lack of personal jurisdiction; (7) lack of subject matter jurisdiction in that no properly constituted entity owns and holds the [n]ote and/or [m]ortgage in question; and/or that any purported assignment or transfer thereof is ineffective and unenforceable; (8) lack of subject matter jurisdiction in that there is presently no proper party [p]laintiff before the [c]ourt, or if so, said party is not the legal owner of the [n]ote and [m]ortgage; and (9) defectiveness, unenforceability and/or prematurity of the Bank's action as a result of the foregoing special defenses. 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." (3) At the time the extension of credit was made, the debtor reasonably believed that either, (A) one or more extensions of credit by the creditor had been collected or attempted to be collected by extortionate means, or the nonrepayment thereof had been punished by extortionate means; or. 2d 777 (1979). https://en.wikipedia.org/w/index.php?title=Danny_Dahill&oldid=1128358493, Democratic Party members of the West Virginia House of Delegates, People from Fayette County, West Virginia, Democratic Party West Virginia state senators, West Virginia University College of Law alumni, Short description is different from Wikidata, Creative Commons Attribution-ShareAlike License 3.0, This page was last edited on 19 December 2022, at 18:49. 2d 195 (1975) (per curiam) (double jeopardy). The action you just performed triggered the security solution. 134, 137, 948 A.2d 1035 (2008). r walsh certificate of approval for inspections call inspector: bob walsh 203-946-6125. KUWIrpQI)M}D.0#n)fj6E denied, 262 Conn. 937, 815 A.2d 163 (2003). Unlike the frequent case where the maximum punishment under the general conspiracy section, 18 U.S.C. The hearing convened at 2:22 PM, with Hearing Officer, Lisa F. Siegel presiding. Please access this link or contact the Commission for further information. NOTICE: The special meeting scheduled in the following matter for March 7, 2014 at 9:30 AM, was postponed. May v. Coffey, 291 Conn. 106, 113, 967 A.2d 495 (2009). Sign up for our free summaries and get the latest delivered directly to you. As such, the first, second and third special defenses fail to raise issues of fact so as to preclude summary judgment as to liability. 4 Whip was served on January 20, 2009, and the defendant Connecticut Environmental, LLC, was served on January 21, 2009. The mortgage was subsequently assigned from MERS to Taylor on January 15, 2009. 13 0 obj 173.236.152.142 FN2. Edward Peruta appeared on his own behalf. No. Without careful supervision of the number and variety of issues preserved for appeal, the use of conditional guilty pleas is likely to result in appellate presentation of issues that cannot be adequately reviewed without a full trial record. He served in the West Virginia House of Delegates (from 195761) and in the State Senate (from 196164). Later, on December 3, 1982, he denied motions of the Curcios for reconsideration of his ruling with respect to pretrial publicity. 2 talking about this. Case Summary. ") 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 The other counts charged substantive offenses in violation of 18 U.S.C. Linda D'Onofrio has been working as a Corporate Clinical Director at Ryders Health Management for 1 year. endobj The district judge abused his discretion in accepting a plea permitting such a question to be put to us.14 Compare Sears, Roebuck & Co. v. Mackey, 351 U.S. 427, 437, 76 S. Ct. 895, 900, 100 L. Ed. Appellants contend that not all of the material could have come from these sources. 154, 157, 687 A.2d 1309, cert. Gilroy Daly of the District Court for Connecticut, from judgments of conviction entered on their guilty pleas. William C. Bryson, Atty. 4 Whip objected thereto on September 13, 2010. As said in United States v. Petrillo, 332 U.S. 1, 6, 67 S. Ct. 1538, 1541, 91 L. Ed. The Bank states in its memorandum in support of its motion for summary judgment that original or certified copies of these documents will be produced at the hearing on the motion for summary judgment.. Va. 1942), where indeed the effort proved successful, see 319 U.S. 624, 63 S. Ct. 1178, 87 L. Ed. Furthermore, the Bank has established that it satisfied the preconditions of the mortgage and note, that Donofrio, the defaulting mortgagor, was noticed of his default, that Donofrio and 4 Whip were both served with process, and that the Bank is the present holder of the note and mortgage. 54(b)); Cold Metal Process Co. v. United Engineering & Foundry Co., 351 U.S. 445, 452-53, 76 S. Ct. 904, 908-909, 100 L. Ed. Appellants' counsel addressed the issue in their reply brief and the matter was discussed extensively at oral argument, with the Government joining appellants in urging us to decide the issues reserved in the plea agreements. KQ6#Su n]sTE[*&QE7Xb`@SzYH0H$4aI kV"0~@9$lIh"(R]1cP%,.Muk k! Q R7qIFyP: )W TF>45&[o6vf Count One charged all defendants with a conspiracy2 wherein Francis Curcio would extend credit and direct the other defendants to extend credit with the understanding that delay in repayment or failure to make repayment could result in the use of violence or other criminal means to cause harm to the person, reputation and property of the debtors and others, and would demand weekly interest payments known as "vigorish" or "vig" payments which would extend the term of the loans, with the understanding of the defendants and the debtors that delay in repayment or failure to repay would have the described consequences, in violation of 18 U.S.C. For similar reasons it was an abuse of discretion to permit Francis Curcio to plead guilty to the substantive offense charged in Count Three of the indictment but to reserve the question whether the holding of Pinkerton v. United States, 328 U.S. 640, 645, 648, 66 S. Ct. 1180, 1183, 1184, 90 L. Ed. (footnotes omitted). NOTICE: The special meeting scheduled in the following matter for March 6, 2014 at 9:30 AM, was postponed. FN1. NOTICE: The special meeting scheduled in the following matter for March 5, 2014 at 9:30 AM was cancelled. As noted, the first through eighth special defenses do not raise factual issues sufficient to withstand entry of summary judgment as to liability in the Bank's favor. 682 (Supp. 2d 205 (1976); United States v. Corr, 543 F.2d 1042, 1050 (2 Cir. The Bank filed a reply memorandum on September 23, 2010, and the matter was heard at the short calendar on November 1, 2010. 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. (Emphasis in original). %PDF-1.4 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.. Accordingly, the ninth special defense also fails. stream Later it sentenced them, increasing the sentences of Francis and Gus Curcio from the six years recommended by the Government to nine and eight years respectively and of Garcia from one to two years, and decreasing the sentence of D'Onofrio from the four years recommended by the Government to three. 688 (1936) and cases there cited. endobj Francis Curcio's Pinkerton claim likewise would not have survived an unconditional plea of guilty since there would be nothing to show that the Government could not have produced direct evidence that he had committed or aided or abetted in committing the substantive crimes sufficient to avoid any need to invoke Pinkerton. 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. WebDahill A Donofrio Jr Dahill A Donofrio Jr, Age 69 aka Donofrio Dahill, Dahill D Onofrio Current Address: LZDM Greystone, Shelton, CT Past Addresses: Bridgeport CT, Shelton Chief Judge Daly denied the motions to dismiss in an opinion filed on September 23, 1982. U.S. Public Defender, New Haven, Conn., for appellant Roberto Garcia. Angelo is a resident of 487 Commanche Lanes, Stratford, CT 06614. Even if a special defense is a valid defense to a foreclosure action, and even if such a defense is sufficiently pled, the defendant still must produce sufficient evidence to support the defense in order to survive summary judgment. (Internal quotation marks omitted.)

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