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Corriveau v. Corriveau
State: Connecticut
Court: Court of Appeals
Docket No: AC30938
Case Date: 01/25/2011
Preview:****************************************************** The ``officially released'' date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ``officially released'' date appearing in the opinion. In no event will any such motions be accepted before the ``officially released'' date. All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ******************************************************

PETER F. CORRIVEAU v. ANDREA H. CORRIVEAU (AC 30938)
Gruendel, Alvord and Sullivan, Js. Argued October 15, 2010--officially released January 25, 2011

(Appeal from Superior Court, judicial district of New Haven at Meriden, J. Fischer, J.) John Serrano, for the appellant (defendant). Stephen D. Jacobs, for the appellee (plaintiff).

Opinion

SULLIVAN, J. The defendant, Andrea H. Corriveau, appeals from the judgment of the trial court dissolving her marriage to the defendant, Peter F. Corriveau. On appeal, she claims that the court improperly (1) failed to canvass her sua sponte concerning her competency to proceed with self-representation, (2) prematurely terminated her right to cross-examine and to present evidence, and (3) failed to provide guidance on the presentation of evidence at trial. We affirm the judgment of the trial court. The record contains the following facts. The parties were married on June 2, 1979. The plaintiff filed the complaint for dissolution on June 23, 2006, and the defendant filed a cross complaint on July 5, 2006. The matter proceeded to a two day trial on December 4 and 5, 2008, and, on March 9, 2009, the court found that the marriage had broken down irretrievably and rendered judgment of dissolution. The court ordered the parties' assets divided and the plaintiff to pay the defendant $275 per week in alimony, as well as to provide her with health insurance. This appeal followed. Additional facts will be set forth as necessary. I The defendant first claims that the court violated her constitutional right of access to the court by failing to inquire sua sponte into her competency in representing herself. Specifically, the defendant argues that the evidence that she suffered from multiple sclerosis, as well as the court's observations during trial that some of the defendant's statements were confusing, triggered an obligation of the court to canvass her, similar to the canvass required in a criminal case involving a selfrepresented party, regarding her competency and the voluntariness of her waiver of counsel. The defendant requests review of her unpreserved claim under State v. Golding, 213 Conn. 233, 239
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