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,establishing the right to sue employers for hostile work environments based upon sexual orientation, limiting warrantless police entry into the side and rear yards of homes, precluding the use of firearm laws for possessing airsoft pellet guns. 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 |
268 A.3d 67 |
341 Conn. 793 |
State v. Lopez (in case of first impression, court rules that airsoft pellet guns are not firearms) |
2021 U.S. App. LEXIS 31489 |
(USCA – 2d Cir.) |
United States v. Westley (Ward) |
822 Fed. Appx. 30 |
(USCA – 2d Cir.) |
United States v. Quiroz-Martinez |
204 A.3d 1138 |
331 Conn. 404 |
Mangiafico v. Town of Farmington (In case of first impression, court held that property owner has right to sue for civil rights violations without first going through a municipality's administrative process) |
196 A.3d 366 |
184 Conn. App. 786 |
Rocco v. Shaikh |
190 A.3d 42 |
182 Conn. App. 237 |
State v. Hearl |
163 A.3d 689 |
173 Conn. App. 158 |
Mangiafico v. Town of Farmington |
163 A.3d 631 |
173 Conn. App. 178 |
Mangiafico v. Town of Farmington |
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. |
135 A.3d 686 |
320 Conn. 720 |
State v. Peterson |
131 A.3d 277 |
162 Conn. App. 364 |
State v. Osbourne |
645 Fed. Appx. 96 |
(USCA -2d Cir.) |
U.S. v. Johnson |
125 A.3d 541 |
158 Conn. App. 509 |
Maynard v. Sena |
122 A.3d 1247 |
318 Conn. 569 |
In re Shane M. |
110 A.3d 442 |
155 Conn. App. 322 |
State v. Giovanni P. |
101 A.3d 337 |
320 Conn. 720 |
State v. Peterson |
101 A.3d 337 |
153 Conn. App. 358 |
State v. Peterson |
88 A.3d 559 |
148 Conn. App. 837 |
Rousseau v. Perricone |
84 A.3d 1265 |
148 Conn. App. 308 |
In re Shane M |
84 A.3d 9 |
147 Conn. App. 523 |
State v. Daniel G. |
770 F.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. |
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. |
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. |
58 A.3d 273 |
139 Conn. App. 794 |
Masse v. Perez |
46 A.3d 71 |
305 Conn. 330 |
State v. Golodner |
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. |
37 A.3d 713 |
304 Conn. 161 |
State v. Coleman |
37 A.3d 173 |
133 Conn. App. 660 |
Peterson v. Sykes-Peterson |
20 A.3d 52 |
129 Conn. App. 239 |
State v. Legrand |
642 F.3d 334 |
(USCA -2d Cir.) |
Doninger v. Niehoff |
6 A.3d 1142 |
298 Conn. 824 |
AFSCME, Council 4, Local 1565 v. Department of Correction (amicus) |
4 A.3d 865 |
124 Conn. App. 294 |
State v. Jay |
3 A.3d 806 |
298 Conn. 209 |
State v. Jenkins |
988 A.2d 188 |
294 Conn. 753 |
State v. Winot |
969 A.2d 710 |
291 Conn. 574 |
State v. Sanseverino |
949 A.2d 1156 |
287 Conn. 608 |
State v. Sanseverino |
944 A.2d 297 |
286 Conn. 427 |
State v. Johnson |
297 Fed. Appx. 17 |
(USCA -2d Cir.) |
Cournoyer v. Coleman |
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. |
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. |
929 A.2d 278 |
283 Conn. 280 |
State v. Davis (amicus) |
915 A.2d 891 |
99 Conn. App. 611 |
State v. Strich |
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. |
912 A.2d 485 |
98 Conn. App. 762 |
State v. Sulewski |
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. |
897 A.2d 115 |
95 Conn. App. 332 |
State v. Winot |
468 F.3d 281 |
(USCA -5th Cir.) |
Urban Developers, LLC v. City of Jackson, MS |
459 F.3d 190 |
(USCA -2d Cir.) |
USA v. Vitale |
881 A.2d 1039 |
91 Conn. App. 509 |
State v. Mulero |
871 A.2d 1005 |
273 Conn. 541 |
State v. Samuels (amicus) |
866 A.2d 554 |
272 Conn. App. 676 |
In re: Dan Ross |
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. |
865 A.2d 470 |
87 Conn. App. 353 |
Gaudino v. East Hartford |
853 A.2d 115 |
83 Conn. App. 739 |
State v. Henderson |
851 A.2d 1214 |
84 Conn. App. 48 |
State v. Bennett-Gibson |
846 A.2d 905 |
82 Conn. App. 728 |
Birch v. Williams |
840 A.2d 7 |
81 Conn. App. 320 |
State v. Spencer |
829 A.2d 422 |
78 Conn. App. 760 |
Miller v. Guimaraes |
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. |
827 A.2d 671 |
265 Conn. 145 |
State v. DeLoreto |
826 A.2d 145 |
264 Conn. 778 |
State v. Brocuglio |
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. |
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. |
341 F.3d 627 |
(USCA -7th Cir.) |
Shaikh v. City of Chicago |
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. |
806 A.2d 1089 |
73 Conn. App. 17 |
State v. Rogelstad |
800 A.2d 1243 |
71 Conn. App. 190 |
State v. Cruz |
797 A.2d 643 |
70 Conn. App. 297 |
State v. Czyzewski |
796 A.2d 577 |
69 Conn. App. 630 |
State v. Palladino |
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. |
780 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. |
779 A.2d 793 |
64 Conn. App. 93 |
State v. Brocuglio |
779 A.2d 702 |
256 Conn. 517 |
State v. Scott |
771 A.2d 273 |
62 Conn. App. 571 |
Pizzo v. DMV |
767 A.2d 1189 |
255 Conn. 581 |
State v. Casanova |
761 A.2d 705 |
254 Conn. 799 |
Ramos v. Town of Vernon |
758 A.2d 894 |
60 Conn. App. 264 |
State v. Saez |
757 A.2d 36 |
59 Conn. App. 362 |
State v. Servello |
753 A.2d 415 |
58 Conn. App. 267 |
State v. Lipscomb |
752 A.2d 1161 |
58 Conn. App. 320 |
Herrera v. Madrak |
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. |
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. |
740 A.2d 441 |
55 Conn. App. 660 |
State v. Scott |
740 A.2d 408 |
55 Conn. App. 488 |
Aetna v. Pizza Connection |
738 A.2d 668 |
54 Conn. App. 714 |
State v. Casanova |
737 A.2d 442 |
250 Conn. 722 |
State v. Malave (amicus) |
729 A.2d 760 |
248 Conn. 543 |
State v. Jason B. |
194 F.3d 381 |
(USCA -2d Cir.) |
USA v. Monaco |
715 A.2d 1 |
245 Conn. 301 |
State v. Santiago |
706 A.2d 1011 |
45 Conn. Supp. 171 |
Halpern v. Bristol Bd. of Ed. |
703 A.2d 1144 |
243 Conn. 435 |
Halpern v. Bristol Bd. of Ed. |
702 A.2d 895 |
47 Conn. App. 68 |
State v. Jason B. |
698 A.2d 297 |
242 Conn. 143 |
State v. Dash |
690 A.2d 889 |
44 Conn. App. 548 |
State v. Bouier |
686 A.2d 530 |
44 Conn. App. 47 |
Rivera v. Allstate Ins. Co. |
680 A.2d 956 |
237 Conn. 501 |
State v. Anonymous |
677 A.2d 917 |
237 Conn. 284 |
State v. Troupe (amicus) |
677 A.2d 464 |
41 Conn. App. 649 |
South Windsor v. S. Windsor Police Union, Local 1480 |
676 A.2d 1374 |
237 Conn. 920 |
State v. Oliver |
675 A.2d 866 |
237 Conn. 81 |
State v. Hill |
674 A.2d 1359 |
41 Conn. App. 139 |
State v. Oliver |
659 A.2d 728 |
38 Conn. App. 85 |
State v. Youdin |
654 A.2d 1241 |
37 Conn. App. 62 |
State v. Anonymous |
61 F.3d 131 |
(USCA -2d Cir.) |
USA v. Rivera |
649 A.2d 534 |
231 Conn. 308 |
Halpern v. Board of Educ. |
640 A.2d 1014 |
34 Conn. App. 201 |
Duncan v. Goldberg |
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. |
628 A.2d 973 |
226 Conn. 601 |
State v. Tanzella |
627 A.2d 474 |
31 Conn. App. 797 |
State v. Jacobson |
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. |
614 A.2d 1249 |
29 Conn. App. 262 |
State v. Larry Jenkins |
613 A.2d 825 |
28 Conn. App. 581 |
State v. Tanzella |
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. |
954 F.2d 63 |
(USCA -2d Cir.) |
Spear v. West Hartford |
597 A.2d 830 |
26 Conn. App. 33 |
State v. Polanco |
588 A.2d 648 |
24 Conn. App. 330 |
State v. Keith Jenkins |
587 A.2d 149 |
217 Conn. 689 |
Hallas v. Town of Windsor |
577 A.2d 293 |
22 Conn. App. 303 |
State v. Jones |
897 F.2d 97 |
(USCA -2d Cir.) |
USA v. 15 Black Ledge Dr. |
565 A.2d 542 |
20 Conn. App. 168 |
State v. Velez |
554 A.2d 686 |
210 Conn. 78 |
State v. Herring |
548 A.2d 16 |
16 Conn. App. 601 |
State v. Hackett |
547 A.2d 6 |
209 Conn. 52 |
State v. Herring |
538 A.2d 708 |
13 Conn. App. 578 |
State v. Peay |
533 A.2d 866 |
205 Conn. 386 |
State v. Hufford |
522 A.2d 843 |
10 Conn. App. 265 |
State v. Varricchio |
522 A.2d 795 |
202 Conn. 629 |
State v. Bunkley |
520 A.2d 644 |
9 Conn. App. 608 |
James T., In re |
518 A.2d 639 |
201 Conn. 517 |
State v. Burak |
513 A.2d 669 |
201 Conn. 125 |
State v. Edwards |
512 A.2d 140 |
200 Conn. 323 |
State v. Mitchell |
505 A.2d 690 |
199 Conn. 14 |
State v. Brown |
503 A.2d 566 |
198 Conn. 348 |
State v. Brown |
790 F.2d 984 |
(USCA -2d Cir.) |
USA v. Melendez-Carrion |
496 A.2d 948 |
197 Conn. 201 |
State v. Girolamo |
495 A.2d 264 |
196 Conn. 647 |
Halpern v. Board of Educ |
478 A.2d 581 |
193 Conn. 350 |
State v. Maldonado |
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. |
464 A.2d 771 |
191 Conn. 309 |
Greenwood v. Greenwood |