Skip to main content

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