Appeals

Attorney Schoenhorn has maintained a large appellate practice for over 35 years, and is admitted to several state and federal appellate courts.

Successful appeals handled by our office include constitutional challenges to municipal youth curfew ordinances, establishing the right to protest and resist police misconduct, overturning a law that prevented judges from setting bail during appeals, restricting police ability to disrupt familial ties as an investigative tactic, limiting police ability to seize firearms from innocent civilians, challenging prosecutors’ efforts to enforce probation conditions after probation ends, defining the constitutional right to probable cause hearings for defendants accused of serious offenses, establishing the right to obtain evidence favorable to the defense prior to probable cause hearings, establishing procedures for inquiries into jury racial bias, and successfully challenging warrants issued without probable cause. Attorney Schoenhorn has also written friend-of-the-court briefs for the Connecticut Criminal Defense Lawyers Association.

APPEALS WRITTEN AND/OR ARGUED BY JON L. SCHOENHORN

CITATION PARALLEL CITATION TITLE
790 F.2d 984 (USCA -2d Cir.) USA v. Melendez-Carrion
897 F.2d 97 (USCA -2d Cir.) USA v. 15 Black Ledge Dr.
954 F.2d 63 (USCA -2d Cir.) Spear v. West Hartford
999 F.2d 666 (USCA -2d Cir.) Bieluch v. Sullivan – Court Held that Commissioner of Public Safety violated the First Amendment rights of a state trooper by transferring him because he expressed a political opinion about his town’s finances.
991 F.2d 1039 (USCA -2d Cir.) West Hartford v. Operation Rescue – Action on behalf of OBGYN facility against antiabortion protesters who broke into clinic.
61 F.3d 131 (USCA -2d Cir.) USA v. Rivera
194 F.3d 381 (USCA -2d Cir.) USA v. Monaco
305 F.3d 130 (USCA -2d Cir.) Patel v. Searles – Court held that police detectives violated plaintiff’s constitutional rights to familial association by falsely telling his parents that he was a murder suspect.
353 F.3d 171 (USCA -2d Cir.) Ramos v. Town of Vernon – Nighttime youth curfew ordinance declared unconstitutional because it infringed on both juvenile’s and parent’s rights to equal protection.
459 F.3d 190 (USCA -2d Cir.) USA v. Vitale
496 F.3d 139 (USCA -2d Cir.) Walczyk v. Rio – Court found lack of probable cause to search home for firearms collection since adult son who was subject of investigation had moved out over seven years before.
527 F.3d 41 (USCA -2d Cir.) Doninger v. Niehoff – Questions regarding First Amendment rights of students to make insulting and critical comments about school superintendent from home computer.
297 Fed.Appx. 17 (USCA -2d Cir.) Cournoyer v. Coleman
642 F.3d 334 (USCA -2d Cir.) Doninger v. Niehoff
536 Fed.Appx. 62 (USCA -2d Cir.) Sanseverino v. Chrostowski – Civil Rights case: Court held that the use of false and unsubstantiated tip about drugs rendered search warrant invalid under Fourth Amendment.
770F.3d 224 (USCA -2d Cir.) Harris v. O’Hare – Civil Rights case: Warrantless entry into family’s fenced yard to follow up on a tip about hidden guns resulted in killing of a pet St. Bernard constituted a violation of the Fourth Amendment and directs judgment for plaintiffs.
645 Fed.Appx. 96 (USCA -2d Cir.) U.S. v. Johnson
468 F.3d 281 (USCA -5th Cir.) Urban Developers, LLC v. City of Jackson, MS
341 F.3d 627 (USCA -7th Cir.) Shaikh v. City of Chicago
464 A.2d 771 191 Conn. 309 Greenwood v. Greenwood
474 A.2d 760 192 Conn. 671 State v. Sanabria – Challenge to State Law: The court held the legislature exceeded its authority by delaying implementation legislation for an amendment creating the right to a probable cause hearing instead of a grand jury.
478 A.2d 581 193 Conn. 350 State v. Maldonado
495 A.2d 264 196 Conn. 647 Halpern v. Board of Educ
496 A.2d 948 197 Conn. 201 State v. Girolamo
503 A.2d 566 198 Conn. 348 State v. Brown
505 A.2d 690 199 Conn. 14 State v. Brown
512 A.2d 140 200 Conn. 323 State v. Mitchell
513 A.2d 669 201 Conn. 125 State v. Edwards
518 A.2d 639 201 Conn. 517 State v. Burak
520 A.2d 644 9 Conn.App. 608 James T., In re
522 A.2d 795 202 Conn. 629 State v. Bunkley
522 A.2d 843 10 Conn.App. 265 State v. Varricchio
533 A.2d 866 205 Conn. 386 State v. Hufford
538 A.2d 708 13 Conn.App. 578 State v. Peay
547 A.2d 6 209 Conn. 52 State v. Herring
548 A.2d 16 16 Conn.App. 601 State v. Hackett
554 A.2d 686 210 Conn. 78 State v. Herring
565 A.2d 542 20 Conn.App. 168 State v. Velez
577 A.2d 293 22 Conn.App. 303 State v. Jones
587 A.2d 149 217 Conn. 689 Hallas v. Town of Windsor
597 A.2d 830 26 Conn.App. 33 State v. Polanco
588 A.2d 648 24 Conn.App. 330 State v. Keith Jenkins
604 A.2d 822 27 Conn.App. 49 Adalberto S., In re – Criminal Law: Juvenile was found guilty of interfering with police because he struggled with officers during an arrest. Court held that trial court’s refusal to allow evidence of child’s injuries to raise the defense of justification because of a beating he received at the hands of the police deprived him of his right to present a defense.
613 A.2d 825 28 Conn.App. 581 State v. Tanzella
614 A.2d 1249 29 Conn.App. 262 State v. Larry Jenkins
627 A.2d 474 31 Conn.App. 797 State v. Jacobson
628 A.2d 973 226 Conn. 601 State v. Tanzella
637 A.2d 783 228 Conn. 574 Woronecki v. Trappe – Trial court’s mistaken finding on violation of Connecticut Unfair Trade Practices Act (CUTPA) required remand to consider award of attorney fees.
640 A.2d 1014 34 Conn.App. 201 Duncan v. Goldberg
649 A.2d 534 231 Conn. 308 Halpern v. Board of Educ.
654 A.2d 1241 37 Conn.App. 62 State v. Anonymous
659 A.2d 728 38 Conn.App. 85 State v. Youdin
674 A.2d 1359 41 Conn.App. 139 State v. Oliver
675 A.2d 866 237 Conn. 81 State v. Hill
676 A.2d 1374 237 Conn. 920 State v. Oliver
677 A.2d 464 41 Conn.App. 649 South Windsor v. S. Windsor Police Union, Local 1480
677 A.2d 917 237 Conn. 284 State v. Troupe (amicus)
680 A.2d 956 237 Conn. 501 State v. Anonymous
686 A.2d 530 44 Conn.App. 47 Rivera v. Allstate Ins. Co.
706 A.2d 1011 45 Conn. Supp. 171 Halpern v. Bristol Bd. of Ed.
690 A.2d 889 44 Conn.App. 548 State v. Bouier
698 A.2d 297 242 Conn. 143 State v. Dash
702 A.2d 895 47 Conn.App. 68 State v. Jason B.
703 A.2d 1144 243 Conn. 435 Halpern v. Bristol Bd. of Ed.
715 A.2d 1 245 Conn. 301 State v. Santiago
729 A.2d 760 248 Conn. 543 State v. Jason B.
737 A.2d 442 250 Conn. 722 State v. Malave (amicus)
738 A.2d 668 54 Conn.App. 714 State v. Casanova
740 A.2d 408 55 Conn.App. 488 Aetna v. Pizza Connection
740 A.2d 441 55 Conn.App. 660 State v. Scott
742 A.2d 359 251 Conn. 919 State v. Casanova – Criminal and Civil Rights: Court held that prohibition on cross-examination of officer and conduct when entering  home violated defendant’s right to cross-examination and right to present a defense.
742 A.2d 821 56 Conn.App. 347 Beizer v. Dept. of Labor – Employment Law: Court affirmed the Department of Labor’s finding that employer improperly discharged employee as retaliation because he assisted a fellow employee file for unemployment compensation benefits.
752 A.2d 1161 58 Conn.App. 320 Herrera v. Madrak
753 A.2d 415 58 Conn.App. 267 State v. Lipscomb
757 A.2d 36 59 Conn.App. 362 State v. Servello
758 A.2d 894 60 Conn.App. 264 State v. Saez
761 A.2d 705 254 Conn. 799 Ramos v. Town of Vernon
767 A.2d 1189 255 Conn. 581 State v. Casanova
771 A.2d 273 62 Conn.App. 571 Pizzo v. DMV
779 A.2d 702 256 Conn. 517 State v. Scott
779 A.2d 793 64 Conn.App. 93 State v. Brocuglio
779 A.2d 924 258 Conn. 425 State v. Welwood – Criminal Law: Court held that trial court had no jurisdiction to entertain the state’s motion for a criminal contempt proceeding that was based on alleged violation of conditions of probation that occurred after the expiration of probation.
796 A.2d 577 69 Conn. App. 630 State v. Palladino
797 A.2d 643 70 Conn. App. 297 State v. Czyzewski
800 A.2d 1243 71 Conn. App. 190 State v. Cruz
806 A.2d 1089 73 Conn. App. 17 State v. Rogelstad
811 A.2d 667 261 Conn. 492 State v. McCahill – The court held that statute which prohibits a trial court from releasing on bail any person who has been convicted of an offense involving the use, attempted use, or threatened use of physical force violated the constitutional separation of powers.
818 A.2d 868 76 Conn. App. 169 State v. Walczyk – Criminal Law: The court held that search warrant affidavit failed to establish probable cause that defendant committed the offense of threatening or that the firearms sought to be seized were connected with any criminal activity.
826 A.2d 145 264 Conn. 778 State v. Brocuglio
827 A.2d 671 265 Conn. 145 State v. DeLoreto
828 A.2d 1235 265 Conn. 437 State v. McCahill – Criminal Law: Court held that clerk’s misfiling of defendant’s motion for speedy trial did not constitute “good cause” for State’s failure to commence trial within thirty days of defendant’s motion for speedy trial, requires dismissal of charges.
829 A.2d 422 78 Conn. App. 760 Miller v. Guimaraes
840 A.2d 7 81 Conn. App. 320 State v. Spencer
846 A.2d 905 82 Conn. App. 728 Birch v. Williams
851 A.2d 1214 84 Conn. App. 48 State v. Bennett-Gibson
853 A.2d 115 83 Conn. App. 739 State v. Henderson
865 A.2d 470 87 Conn. App. 353 Gaudino v. East Hartford
866 A.2d 541 272 Conn. App. 674 In re: Dan Ross – Father unsuccessfully tried to stop his son, previously convicted of capital murder, from withdrawing his appeal so he could be executed.
866 A.2d 554 272 Conn. App. 676 In re: Dan Ross
871 A.2d 1005 273 Conn. 541 State v. Samuels (amicus)
881 A.2d 1039 91 Conn. App. 509 State v. Mulero
881 A.2d 209 275 Conn. 171 State v. Spencer
897 A.2d 115 95 Conn. App. 332 State v. Winot
908 A.2d 573 98 Conn. App. 111 State v. Fanning – Criminal Law:  The court held that that while defendant was not entitled to dismissal, the mere new arrest was not sufficient basis to terminate accelerated rehabilitation program on original charges.
912 A.2d 485 98 Conn. App. 762 State v. Sulewski
915 A.2d 891 99 Conn. App. 611 State v. Strich
929 A.2d 278 283 Conn. 280 State v. Davis (amicus)
935 A.2d 103 284 Conn. 459 Gallo v. Barile – Court held that statements made to police officers in connection with a criminal investigation are not absolutely privileged allowing a trial to proceed based on false statements.
944 A.2d 297 286 Conn. 427 State v. Johnson
949 A.2d 1156 287 Conn. 608 State v. Sanseverino
969 A.2d 710 291 Conn. 574 State v. Sanseverino
3 A.3d 806 298 Conn. 209 State v. Jenkins
4 A.3d 865 124 Conn.App. 294 State v. Jay
6 A.3d 1142 298 Conn. 824 AFSCME, Council 4, Local 1565 v. Department of Correction
988 A.2d 188 294 Conn. 753 State v. Winot
20 A.3d 52 129 Conn.App. 239 State v. Legrand
37 A.3d 173 133 Conn.App. 660 Peterson v. Sykes-Peterson
37 A.3d 713 304 Conn. 161 State v. Coleman
41 A.3d 1013 304 Conn. 679 Patino v. Birken Mfg. Co. – In a case of first impression, the court held that the employer failed to take reasonable steps to prevent an employee from being subjected to hostile work environment because of his sexual orientation.
46 A.3d 71 305 Conn. 330 State v. Golodner
58 A.3d 273 139 Conn.App. 794 Masse v. Perez
64 A.3d 359 142 Conn.App. 135 Creative Masonry and Chimney, LLC v. Johnson – Contract Law: Contractor brought action against homeowner alleging breach of contract, fraud, and violation of the Connecticut Unfair Trade Practices Act (CUTPA) stemming from homeowner’s refusal to pay for renovation work on chimney and fireplace. Court affirmed trial court’s  verdict in favor of the plaintiff on all counts.
101 A.3d 337 153 Conn.App. 358 State v. Peterson
84 A.3d 1265 148 Conn.App. 308 In re Shane M
84 A.3d 9 147 Conn.App. 523 State v. Daniel G.
88 A.3d 559 148 Conn.App. 837 Rousseau v. Perricone
110 A.3d 442 155 Conn.App. 322 State v. Giovanni P.
122 A.3d 1247 318 Conn. 569 In re Shane M.
125 A.3d 541 158 Conn.App. 509 Maynard v. Sena
131 A.3d 277 162 Conn.App. 364 State v. Osbourne
135 A.3d 686 320 Conn. 720 State v. Peterson
140 A.3d 979 165 Conn.App. 209 Rogan v. Rungee – Malicious Prosecution: In litigation between neighbors, female neighbor filed counterclaims against male neighbor for abuse of process, intentional infliction of emotional distress, and vexatious litigation. Court affirmed trial court judgement in favor of plaintiff and an award of damages.
163 A.3d 631 173 Conn.App. 178 Mangiafico v. Town of Farmington
163 A.3d 689 173 Conn.App. 158 Mangiafico v. Town of Farmington

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