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 LUURTSEMA v. COMMISSIONER OF CORRECTION (SC 18383)
Rogers, C. J., and Katz, Palmer, McLachlan, Eveleigh and Vertefeuille, Js. Argued September 21, 2010--officially released January 5, 2011*

Adele V. Patterson, senior assistant public defender,

with whom was Jennifer L. Bourn, assistant public defender, for the appellant (petitioner). Jo Anne Sulik, senior assistant state's attorney, with whom, on the brief, were Gail P. Hardy, state's attorney, and Dennis J. O'Connor, senior assistant state's attorney, for the appellee (respondent). Jamie L. Mills, Sarah LeClair, Susanna Cowen and Margaret Garvin filed a brief for the National Crime Victim Law Institute et al. as amici curiae.

Opinion

ROGERS, C. J. The primary issue in this matter is whether this court's decisions in State v. Salamon, 287 Conn. 509, 949 A.2d 1092 (2008), and State v. Sanseverino, 287 Conn. 608, 949 A.2d 1156 (2008), overruled in part by State v. DeJesus, 288 Conn. 418, 437, 953 A.2d 45, superseded in part after reconsideration by State v. Sanseverino, 291 Conn. 574, 969 A.2d 710 (2009),1 apply retroactively to collateral attacks on final judgments. In those cases, we concluded that General Statutes

Download Luurtsema v. Commissioner of Correction.pdf

Connecticut Law