In re Jah'za G.

60 A.3d 392, 141 Conn. App. 15, 2013 WL 515417, 2013 Conn. App. LEXIS 82
CourtConnecticut Appellate Court
DecidedFebruary 7, 2013
DocketAC 34817
StatusPublished
Cited by18 cases

This text of 60 A.3d 392 (In re Jah'za G.) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Jah'za G., 60 A.3d 392, 141 Conn. App. 15, 2013 WL 515417, 2013 Conn. App. LEXIS 82 (Colo. Ct. App. 2013).

Opinion

Opinion

BEACH, J.

The respondent mother,1 Latasza H., appeals from the judgment of the trial court terminating her parental rights with respect to her minor child, J. On appeal, the respondent claims that (1) the court erred in granting certain motions filed by the petitioner, the commissioner of children and families (commissioner), relating to judicial notice and collateral estop-pel, (2) the court made clearly erroneous factual [18]*18findings, (3) she received ineffective assistance of trial counsel and (4) the court erred in denying her motion to open the judgment. We affirm the judgment of the trial court.

The record reveals the following relevant facts and procedural history. The termination of the respondent’s parental rights with respect to J stems from incidents involving J’s older sibling, R. In May, 2009, before J was bom, the respondent took R, who was then three and one half months old, to a hospital emergency room, where it was determined that R had fractures of the left tibia and left femur. A board certified pediatric emergency physician, who had examined R, determined that the respective fractures could not have been self-inflicted but likely were caused at two different times by someone who twisted R’s left leg and shook R. The commissioner invoked a ninety-six hour hold on R. See General Statutes § 17a-110g. In a written statement given to the police in June, 2009, the respondent stated that she shook R because she was frustrated that R’s father had left her alone to care for R, and that on a separate occasion, during the course of an argument with the father, as the respondent went “to stomp out of’ the room, she “banged into the doorway” with the arm in which she was holding R. With respect to these incidents, the respondent, in October, 2009, entered a guilty plea under the Alford doctrine2 to assault in the second degree and risk of injury to a child. The respondent was sentenced to five years incarceration, execution suspended, and three years probation. In [19]*19December, 2009, R was adjudicated neglected and committed to the custody of the commissioner.

On the day in March, 2010, that J was bom, the commissioner invoked a ninety-six hour administrative hold on J on the theory of predictive neglect based on the nonaccidental injuries that had been sustained by R. Three days later, the commissioner obtained an order of temporary custody of J and filed a neglect petition. Specific steps were ordered for the respondent, which included engaging in counseling; the respondent signed the form outlining the steps. The commissioner filed an amended petition for termination of the respondent’s parental rights with respect to J, pursuant to General Statutes § 17a-112 (j) (3) (B) (i) and (E). Following the respondent’s plea of nolo contendere, J was adjudicated neglected and committed to the custody of the commissioner on December 6, 2010. Final specific steps were issued by the court, Baldwin, J., to the respondent; the steps included engaging in counseling with the identified goals of developing stronger parenting skills, addressing anger issues and child safety.

On September 20, 2011, the court, Epstein, J., terminated the respondent’s parental rights with respect to R (sibling decision). On June 13, 2012, the court, Eschuk, J., terminated the respondent’s parental rights with respect to J. This appeal, which concerns the court’s termination of the respondent’s rights with respect to J, followed. Additional facts will be set forth as necessary.

I

The respondent first claims that the court erred in granting the commissioner’s motion to take judicial notice of the sibling decision and in granting the commissioner’s motion in limine.3 We disagree.

[20]*20As to the first motion in question, on November 21, 2011, the commissioner filed a motion requesting the court to take judicial notice of the entire court file in the sibling case. The court granted the commissioner’s motion. As to the second motion, on November 21, 2011, the commissioner filed a motion in limine seeking to have the court bar evidence contesting the following factual findings from the sibling decision: R suffered multiple nonaccidental injuries; the respondent inflicted those injuries; and the respondent had failed, in the child protection context, to accept responsibility for those injuries. The court granted the motion as to the finding that the respondent inflicted nonaccidental injuries on R.4

In its June 13, 2012 decision, the court stated that it was taking “judicial notice of the following findings made by Judge Epstein [in the September 20, 2011 decision]: 1. That [R] suffered serious physical injuries . . . 2. That [R’s] injuries were caused by the acts of the respondent ... 3. That (as of May 11, 2011) [the respondent] has not been able to focus on the threshold issue [of assuring] the safety of [R] necessary for effective treatment and permitting reunification. [The [21]*21respondent] has not addressed what happened to [R] and why.” (Internal quotation marks omitted.)

A

Preservation

At a pretrial hearing on January 18, 2012, the court heard argument on the commissioner’s motion to take judicial notice and motion in limine. The respondent argued that the court should not grant either motion on the ground of relevancy because the sibling decision involved a different child, R. The respondent, however, did not object on the grounds now raised on appeal.5 On appeal, she raises multiple arguments regarding why the court improperly granted the motion to take judicial notice and motion in limine, none of which pertain to relevancy. “[W]e have consistently declined to review claims based on a ground different from that raised in the trial court.” (Internal quotation marks omitted.) In re Soncheray H., 42 Conn. App. 664, 666, 680 A.2d 1363, cert. denied, 239 Conn. 940, 684 A.2d 712 (1996). “[T]o permit a party to raise a different ground on appeal than [that] raised during trial amounts to trial by ambuscade, unfair to both the trial court and . . . the opposing party. . . . Inasmuch as the defendant raises a claim on appeal different from the one that he raised at trial, he is not entitled to review of his claim.” (Internal quotation marks omitted.) Spears v. Elder, 124 Conn. App. 280, 293-94, 5 A.3d 500, cert. denied, 299 Conn. 913, 10 A.3d 528 (2010).

The respondent, alternatively, seeks review for both claims under the plain error doctrine. Practice Book [22]*22§ 60-5. When reviewing a claim under the plain error doctrine, “[f]irst, we must determine whether the trial court in fact committed an error and, if it did, whether that error was indeed plain in the sense that it is patent [or] readily discemable on the face of a factually adequate record, [and] also . . . obvious in the sense of not debatable. . . . [T]his inquiry entails a relatively high standard, under which it is not enough for the [party seeking plain error review] simply to demonstrate that [her] position is correct. Rather, the party seeking plain error review must demonstrate that the claimed impropriety was so clear, obvious and indisputable as to warrant the extraordinary remedy of reversal. ...

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Cite This Page — Counsel Stack

Bluebook (online)
60 A.3d 392, 141 Conn. App. 15, 2013 WL 515417, 2013 Conn. App. LEXIS 82, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jahza-g-connappct-2013.