Taylor was, thus, the holder of the note, endorsed in blank, at the time the present foreclosure action was commenced, by service of process on Donofrio, on January 19, 2010.3 The authenticated copy of the assignment submitted by the Bank in support of its motion for summary judgment establishes that MERS assigned the mortgage to Taylor on January 15, 2009 and that the assignment was recorded on the Stratford land records on February 9, 2009. 4 Whip was served on January 20, 2009, and the defendant Connecticut Environmental, LLC, was served on January 21, 2009. The Supreme Court decision cited by the Government, Haynes v. United States, 390 U.S. 85, 88 S. Ct. 722, 19 L. Ed. 1980). Stay up-to-date with how the law affects your life. The Bank argues that 4 Whip's nine special defenses are legally insufficient. 22-23), to vacate the convictions and permit withdrawal of the guilty pleas. 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. Dr. D'Onofrio resides in Stamford with his wife, has six children (two sets of twins!) 892(a) is void for vagueness; (2) that 892(b), along with the definition of an extortionate extension of credit in 891(6), creates an unconstitutional statutory presumption;3 and (3) that prejudicial pretrial publicity required dismissal. 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. Click to reveal of Justice, Washington, D.C., for appellee U.S. Before FEINBERG, Chief Judge, FRIENDLY and WINTER, Circuit Judges. He served in the West Virginia House of Delegates (from 195761) and in the State Senate (from 196164). See also United States v. DeStafano, 429 F.2d 344, 347 (2 Cir. Attorney Alice M. Sexton appeared on behalf of the respondents. The Bank filed a reply memorandum on September 23, 2010, and the matter was heard at the short calendar on November 1, 2010. The present foreclosure action was filed with the court on January 26, 2009. Previously cities included Bridgeport CT and Shelton CT. On March 30, 2009, the original plaintiff, Taylor, Bean and Whitaker Mortgage Corp. (Taylor), filed an amended single-count complaint, alleging the following facts. Reply Brief, p. 3. Dan "Danny" Dahill (September 28, 1919 April 15, 2013) was an American lawyer and legislator. Ulster County Court v. Allen, 442 U.S. 140, 157, 99 S. Ct. 2213, 2225, 60 L. Ed. 2d 923, they were held to have done so. q&.ao@*\u\kpwcOvn!s?P]q QZ$#:1\!3(c =X"uoOVnq>v\,2v)8u-2ygy5-'g*N4l]ZEiFIb&JF-aO>-dz=|Mf3?$Y%H!^omT |Zlz-['bs[YAR"_v>wKTMTJT whu Q$/@$;&A}nYiu! cg ESG*Kn@:a.@.QK%m=8G#n.F+%#HC$I.!N()R`H'VNmT?H1xiZ20vS)P}A#Pfoy*Ynl'8M; M Seven persons linked to this address. It is true that insofar as the claim at bar relates to the effect of adverse publicity on a trial jury as distinguished from a grand jury, the voir dire might have resulted in exclusion of members of the panel who had been tainted by the publicity or, if the taint was sufficiently general, in the transfer of the trial from Bridgeport, where the publicity had been centered, to one of the several other places fixed for holding court in the District of Connecticut or, on defendants' motion, F.R.Cr.P. The attorneys all responded "No", and one of them said "It is our contention, your Honor, that the Government could offer proof to that effect.". (4) Upon the making of the extension of credit, the total of the extensions of credit by the creditor to the debtor then outstanding, including any unpaid interest or similar charges, exceeded $100. font size. View property details and household demographic information related to income, investments, and interests. Defendants should be required promptly to plead guilty or not guilty and, if the latter, to proceed to an early trial. Thereafter, Donofrio defaulted on his payments and Taylor elected to accelerate and foreclose the mortgage. hamilton police auxiliary Once the question of subject matter jurisdiction has been raised cognizance of it must be taken and the matter passed upon before [the court] can move one further step in the cause; as any movement is necessarily the exercise of jurisdiction. (Internal quotation marks omitted.) William C. Bryson, Atty. 3771 and 3772 on April 28, 1983; in the absence of congressional action, it will become effective on August 1, 1983, A fifth defendant, Edward Vagnini, pleaded guilty to the conspiracy count of the indictment and was sentenced to two years imprisonment. WebAngelo is on the list of graduates from high school. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. Count Two charged the Curcios, D'Onofrio and Vagnini with an extortionate extension of credit to John Acabbo; Count Three charged Francis Curcio and Vagnini with such an extension of credit to Richard Alchimio; Count Four charged the Curcios and D'Onofrio with such an extension of credit to Ronald Benedetto; Count Five charged them with such an extension of credit to Norman Ellsworth; Count Six charged them with such an extension to Darryl Hardiman; and Count Seven charged them with such an extension to Donald Brutnell. Uncover Dahill's photos, videos, and more , Personal details for Dahill may include . Professor Tribe has written, American Constitutional Law 718-19 (1978), that outside the area of First Amendment concerns, the Supreme Court will not ordinarily invalidate a statute because some marginal offenses may remain within the scope of a statute's language. }7l-dxq|&)M pNA#_gpjH(s8yI&+u-mb'=j@|)27 R`+"S:?fH'YLVDLAMB>ldThB\8#JH)A4w.Q;$?IfN,U&4{%n6"[|eq$`/. Share NOTICE: The special meeting scheduled in the following matter for March 7, 2014 at 9:30 AM, was postponed. The Freedom of Information Commission will hold special meetings during the week of March 3, 2014 through March 7, 2014 at the specific dates and times listed below. 134, 137, 948 A.2d 1035 (2008). At one time when Benedetto fell behind in his "vigorish" payments, D'Onofrio told him that if these were not regularly made, Benedetto "could have a lot of broken bones." [Parts D, E, G, Motion of Defendants Gus Curcio and Francis Curcio to Dismiss the Indictment, dated July 14, 1982 and supplemental motions to dismiss, dated July 19, 26, 28 and September 21, 1982. It seems that JavaScript is not working in your browser. But the possibility of such violence would not have been the understanding of the creditor and the debtor at the time the loan was made, as 891(6) requires. Wilson v. New Haven, 213 Conn. 277, 279, 567 A.2d 829 (1989). The fact that no other court has exclusive jurisdiction in any matter is sufficient to give the Superior Court jurisdiction of that matter [T]he general rule of jurisdiction is that nothing shall be intended to be out of the jurisdiction of a Superior Court but that which specially appears to be so [N]o court is to be ousted of its jurisdiction by implication. (Internal quotation marks omitted.) 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. Appellants' other constitutional claim with respect to the statute, namely, that it is void for vagueness would seem to stand differently, at least if the claim is read to be, as we think it must, that the statute is so vague as to require nullification even at the instance of a defendant who knew that his actions were within its intended purpose. 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. 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. X/4b4HiRR)z_HcJ4(ac9)4+w{`U}d`B9dA`m&8~*bL-iMac8WBmb|_ smed|4K5\D}+(?*ZOy5E`R64/n*`-%(P),Eh.A'j *]M=o5\/5s 892(a). Nevertheless, the plaintiff has attached a properly authenticated affidavit to its reply memorandum, curing the alleged deficiencies in the original Hopkins affidavit.6. 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. ], Whether the publicity, the charge to the Grand Jury and other conduct of the Government described in the record below require the dismissal of the indictment. Click to reveal No votes were taken. There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. ;]:!SX+puA]nm=-J2ZpOPb4U|{J{n;pwXmjX`#vj ktXn85~#h6FSG!L*cnwCDT regular v. Khan, Superior Court, judicial district of Fairfield, Docket No. WebDahill Donofrio is a 1972 graduate of Bunnell High School in Stratford, Connecticut. 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 x}ZKw6Wxd! 4q'qO'$fGRIs_ !$~R_>/OwgseGrY9t>}V?Tjuun~|wPKl_emc>|R~Y;8zW^uyRo4U-}ixo[o5__ g%ErH-v+oR~/Zu=6}SU? Not only does 892(b) specifically declare that "this subsection is nonexclusive", but the legislative history recognizes that "it may be unnecessary for the prosecution to make use of sections 892(b) and 892(c)". FN6. WebLived In Canton CT, West Hartford CT, Farmington CT, Wethersfield CT. Related To Elizabeth Donofrio, Leonard Donofrio, Susan Donofrio, John Donofrio. An evidentiary hearing of the Freedom of Information Commission in the following matter was held on March 4, 2014 in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. 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. The mortgage was subsequently assigned from MERS to Taylor on January 15, 2009. Co. of Pennsylvania, 231 Conn. 756, 796, 653 A.2d 122 (1995). The fact that no other court has exclusive jurisdiction in any matter is sufficient to give the Superior Court jurisdiction of that matter [T]he general rule of jurisdiction is that nothing shall be intended to be out of the jurisdiction of a Superior Court but that which specially appears to be so [N]o court is to be ousted of its jurisdiction by implication. (Internal quotation marks omitted.) The Burns court, speaking through Chief Judge Feinberg, elaborated on our concerns, previously voiced in United States v. Lace, 669 F.2d 46 (2 Cir. CV 99 0549266 (July 13, 2000, Martin, J. 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. Donofrio issued a promissory note to Taylor on November 7, 2006. About Me; Credentials; About Me. ("We skate on thin ice" with respect to statutory presumptions in criminal cases, ice that "was thinned" by the Allen decision. Bradshaw Smith v. James Redeker, Commissioner, State of Connecticut, Department of Transportation; State of Connecticut Department of Transportation; Kevin Maloney, Chairman, State of Connecticut, Connecticut Public Transportation Commission; and State of Connecticut, Connecticut Public Transportation Commission. A valuable commentary distills the following as the guiding principle of these decisions:10 [A] defendant who has been convicted on a plea of guilty may challenge his conviction on any constitutional ground that, if asserted before trial, would forever preclude the state from obtaining a valid conviction against him, regardless of how much the state might endeavor to correct the defect. WebDahill A Donofrio (born 1954) is listed at 1869 Main Street Stratford, Ct 06615 and is affiliated with the Democratic Party. Much space is devoted to arguments concerning the degree of the Government's responsibility for the publicity, with the Government responding that most of the material could have been found in public sources, such as Judge Zampano's statements sentencing Francis Curcio for a similar crime in 1977, a memorandum of Judge Burns revoking his probation in 1980, and an answer filed by the Government on September 15, 1981, in an unrelated case. Ellsworth would have testified that Cray had brought him to Gus Curcio and D'Onofrio for a loan, which was made at 4% interest per week (208% per year), and that he believed that Curcio and D'Onofrio would cause him physical harm if he failed to repay. 250 Temple St, New Haven, CT, 06511. Questions Post Question There are no questions yet for this company. Whatever relevance all this might have to exercise of the court's supervisory power, compare Rideau v. Louisiana, 373 U.S. 723, 726, 83 S. Ct. 1417, 1419, 10 L. Ed. Please try again. Spokeo's database, while extensive, does not contain all U.S. warrant, arrest, court, or other related records. We reach a different conclusion, however, with respect to the propriety of the reservation of the claims that 892(b) works a shifting of the burden of proof in violation of In re Winship, 397 U.S. 358, 90 S. Ct. 1068, 25 L. Ed. The young family then moved back to the Woodmont compound and made 16 Villa Rosa Terrace their home. 1214, 1226 (1977). 93, 787 A.2d 32 (2001). Each meeting will be held in the Freedom of Information Hearing Room, First Floor, 18-20 Trinity Street, Hartford, Connecticut, for the purpose of conducting a hearing concerning the contested case designated by the corresponding docket number listed below. 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. On November 7, 2006, the defendant Dahill Donofrio issued a promissory note in the amount of $620,000, payable to Taylor, and secured the note by mortgaging 2016 CT.gov | Connecticut's Official State Website. In general, substitution is permitted in cases of assignment. Joblin v. LaBow, 33 Conn.App. 1982), and the cases cited therein, any or all of the issues raised on appeal were improperly reserved under the conditional guilty plea." Professor Saltzburg, disagreeing with much of Professor Westen's analysis, would nevertheless accept his formulation of the decisions if it were reworded to read: A defendant who has been convicted on a plea of guilty and who has complied with pre-plea procedural rules regarding notice of constitutional claims may challenge his conviction on any constitutional ground that, if asserted before trial, would forever preclude the state from obtaining a valid conviction against him on the charge to which he pleaded, regardless of how much the state might endeavor to correct the defect. 1489. The assignment was recorded on the Stratford land records on February 9, 2009. (B) the creditor had a reputation for the use of extortionate means to collect extensions of credit to punish the nonrepayment thereof. 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. FN1. L. Rev. 2d 923 (1968), did hold, although only by unexplicated statement in a footnote,8 that a plea of guilty did not foreclose an attack on the constitutionality of a provision in the National Firearms Act, 26 U.S.C. 2d 663 (1963), even publicity partly engendered by the Government would not warrant the extreme remedy of dismissal of an indictment before a voir dire. Includes Address (5) Phone (4) See Results. In strict theory any extension of credit "could" result in the use of violence or other criminal means to compel repayment; even a churchwarden who had made a non-interest bearing loan for wholly beneficent motives might be provoked into a violent response if the debtor showed no disposition to repay. Edward Peruta appeared on his own behalf. Dahill resides with Nona in Shelton, CT in a condominium. Web3 FREE public records found for Dahill Donofrio in Stratford, CT. FastPeopleSearch results include contact information such as addresses, phone numbers, and email Assistant Attorney General Terrence M. O'Neill appeared on behalf of the respondents. 849wqh ofqK\IHe'yH,NvDfHvZaa!kINp!'LNzY='Hs$rDfCY?y"lm>}Z\! At a trial the Government could well have decided to drop the substantive counts against Francis; additional fines were all it could gain from convictions under them, as distinguished from the one under the conspiracy count which it had to prove in any event. 4 Whip was served on January 20, 2009, and the defendant Connecticut Environmental, LLC, was served on January 21, 2009..FN3. Attached to the Bank's reply are authenticated copies of the exhibits referred to in the second Hopkins affidavit. [Part C, Motion of Defendants Gus Curcio and Francis Curcio to Dismiss the Indictment, dated July 14, 1982. New Haven v. God's Corner Church, Inc., 108 Conn.App. Hardiman and Cray would have testified to a loan from D'Onofrio at 4% interest per week; Francis Curcio discussed the loan with Cray and when Hardiman left town before repaying the debt, Gus Curcio told Cray that he was "hunting for" Hardiman. 2d 195 (1975) (per curiam) (double jeopardy). 1375 (1940), had publicly expressed their disapproval with it, and the Court in a subsequent decision had distinguished Gobitis instead of relying on it. Your IP: The challenge went unanswered. Instead the Court held that " [a]s long as it is clear that the presumption is not the sole and sufficient basis for a finding of guilt", it need meet only a "more likely than not" rather than a "beyond a reasonable doubt" standard, and, after analyzing the precise facts and jury instructions in Allen, concluded that the New York statute passed the test as there applied. 564, 577-85 (1980). Later, on December 3, 1982, he denied motions of the Curcios for reconsideration of his ruling with respect to pretrial publicity. Stratford, Connecticut, United States. 5841. fire in rotherham today We need not decide, however, whether the void-for-vagueness and prejudicial publicity claims would have survived an unconditional plea of guilty, since we see no reason why either of these claims, at least if standing alone, was not a proper subject for reservation. Some of the features on CT.gov will not function properly with out javascript enabled. Results for this person or the person you are looking for are not guaranteed to appear in search results. [Part A, Motion for Defendants Gus Curcio and Francis Curcio to Dismiss the Indictment, dated July 14, 1982. Fax: 203-961-8488. 1970) (sustaining 18 U.S.C. Webelizabeth baptist church pastor oliver. Deborah Donofrio, Deborah J Esposito, and two other persons are connected to this place. 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. He did not take an appeal. Gus Curcio came next with a plea to Count Two. As said in Colautti v. Franklin, 439 U.S. 379, 390, 99 S. Ct. 675, 683, 58 L. Ed. FN2. The prosecutor said that the Government's evidence on this count would revolve around Acabbo's borrowings from Vagnini whom Acabbo knew to be a loanshark working for Francis Curcio.
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