Summary
This is Justice Zarella’s concurrence in part and dissent in part in In re Yasiel R., a Connecticut Supreme Court case involving termination of parental rights. The opinion addresses whether the court should use its supervisory authority to require trial courts to canvass parents who elect to forgo a contested trial and criticizes retroactively applying such a rule to reverse a judgment absent independent legal grounds.
Questions Presented
- Whether the Supreme Court of Connecticut should use its supervisory authority to reverse a judgment in the absence of an independent constitutional, statutory, or procedural ground for reversal.
- Whether a new procedural rule announced under the court's supervisory authority should be applied retroactively to reverse a judgment based on conduct that occurred before the rule was announced.
- Whether trial courts in parental-rights termination proceedings must canvass a parent who elects to forgo a contested trial.
Disposition
other
Cases Cited (16)
- State v. Connor, 292 Conn. 483, 505-506, 973 A.2d 627 (2009)(followed in prior practice)
- Kervick v. Silver Hill Hospital, 309 Conn. 688, 710, 72 A.3d 1044 (2013)(followed)
- State v. Edwards, 314 Conn. 465, 498-499, 102 A.3d 52 (2014)(followed)
- State v. Carrion, 313 Conn. 823, 850, 100 A.3d 361 (2014)(followed)
- State v. Elson, 311 Conn. 726, 768-770 n.30, 91 A.3d 862 (2014)(followed)
- State v. Medrano, 308 Conn. 604, 631, 65 A.3d 503 (2013)(followed)
- State v. Ouellette, 295 Conn. 173, 191-192, 989 A.2d 1048 (2010)(followed)
- State v. Griffin, 253 Conn. 195, 209-210, 749 A.2d 1192 (2000)(followed)
- State v. Coleman, 242 Conn. 523, 534-535, 700 A.2d 14 (1997)(followed)
- State v. Elson, 311 Conn. 726, 764, 784-785, 91 A.3d 862 (2014)(criticized)
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