dahill d'onofrio stratford ct

Share. fire in rotherham today Defendant had moved for dismissal of a count in an indictment charging this offense on the ground that compelling registration violated his Fifth Amendment privilege against self-incrimination, and pleaded guilty after his motion was denied. 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. If that were true as a general proposition, it would indeed seem to follow a fortiori that a conditional plea reserving constitutional claims pursuant to a plea agreement should survive,7 since the appealable issues have been circumscribed and the Government is aware that the sentences recommended by it may not in fact have to be served. L 3/\"_i_mP{%wl)ewY[FSN'%Df[#('Z+i:YU|xYGV>&($W3!s;>\1.O^YI11$R1osQ"9$KE-0/ Dahill Donofrio in Stratford, CT - Phone, Address, Email & mo No votes were taken. Disclaimer: Reference to these media outlets or TV shows should not be construed to imply an endorsement or sponsorship of Spokeo or its products. 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. 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. Member of: Stamford Health Medical Group. This extra-record evidence reflected that Success, Inc., had commenced the prior action shortly after the defen You already receive all suggested Justia Opinion Summary Newsletters. The following facts and procedural history are relevant to the resolution of this matter. Webelizabeth baptist church pastor oliver. %PDF-1.4 The three-judge court explained the unusual course there taken on the basis that four of the seven Justices who had participated in the first flag salute case, Minersville School District v. Gobitis, 310 U.S. 586, 60 S. Ct. 1010, 84 L. Ed. 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. 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. 1975); United States v. Molina, 581 F.2d 56, 60 (2 Cir. See, e.g., United States v. Ury, 106 F.2d 28. Application of this formulation to the case in hand makes it clear that one of the asserted grounds of unconstitutionality, to wit, that 892(b) creates an unconstitutional presumption, would not have survived an unconditional plea of guilty, since the Government might have made a prima facie case without relying on that subsection.11 The appellants' unconstitutional presumption argument goes to the prosecution's method of proof and is thus governed by the holding in McMann v. Richardson, supra, 397 U.S. 759, 90 S. Ct. 1441, 25 L. Ed. WebThey and their codefendants Roberto Garcia and Dahill D'Onofrio now appeal pursuant to conditional pleas of guilty under plea agreements made with the prosecutor and approved by Chief Judge T.F. He graduated from the University of Notre Dame and received his law degree from West Virginia University College of Law. Francis Curcio's plea agreement recited that he would enter a guilty plea to Count Three of the indictment pursuant to North Carolina v. Alford, 400 U.S. 25, 91 S. Ct. 160, 27 L. Ed. Robert Cushman appeared on his own behalf. 5851, which made it a crime knowingly to possess a firearm that had not been registered with the Secretary of the Treasury as required by 26 U.S.C. L. Rev. Later it sentenced them, increasing the sentences of Francis and Gus Curcio from the six years recommended by the Government to nine and eight years respectively and of Garcia from one to two years, and decreasing the sentence of D'Onofrio from the four years recommended by the Government to three. 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. We are thus being asked to pass on a contention raising constitutional questions, governed by a Supreme Court decision that has been puzzling to commentators12 and to courts,13 which demand careful scrutiny of a trial record and instructions which do not exist. FN4. A "permissive presumption" thus is valid unless "under the facts of the case, there is no rational way the trier could make the connection permitted by the inference." The Bank argues that 4 Whip's nine special defenses are legally insufficient. 'Bd} MEs5F4 i/ Francis Curcio's Pinkerton claim likewise would not have survived an unconditional plea of guilty since there would be nothing to show that the Government could not have produced direct evidence that he had committed or aided or abetted in committing the substantive crimes sufficient to avoid any need to invoke Pinkerton. The challenge went unanswered. But it does relieve the statute of the objection that it punishes without warning an offense of which the accused was unaware. Furthermore, [t]he Superior Court is a court of general jurisdiction. These three cases, decided on the same day in opinions by Justice White, are often referred to as "the Brady trilogy". As said in Colautti v. Franklin, 439 U.S. 379, 390, 99 S. Ct. 675, 683, 58 L. Ed. Kakadelis v. DeFabritis, 191 Conn. 276, 282, 464 A.2d 57 (1983). 4Whip's fourth, fifth, seventh and eighth special defenses concern lack of standing and subject matter jurisdiction. 892(b) in order to establish a prima facie case " That representation would cover possibilities ranging from the Government's possession of evidence barely sufficient to trigger 892(b) up to cases where the only deficiency was the lack of direct evidence of the creditor's and the debtor's understanding. On two occasions defendants' attorneys were asked by the district court if they had "any substantial disagreement with the Government's description of the proof it could offer at trial." D'Onofrio Leather Designs Dahill Donofrio in CT - Address & Phone Number FN5. You can explore additional available newsletters here. Here is Dahill's phone number (203) 929-6629 (Southern New England Tel Co). FN2. 203-378-9125 | Dahill A Donofrio - Stratford, CT WebPersons with name DAHILL DONOFRIO DAHILL DONOFRIO - Principal. 684 F.2d at 1073. 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. 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. 688 (1936) and cases there cited. 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. They may have been associated with this organization before or after this year as well. Get free summaries of new Second Circuit US Court of Appeals opinions delivered to your inbox! 13 0 obj Gus Curcio came next with a plea to Count Two. Join to view profile Millennium group mgmt. endobj FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. No votes were taken. The United States represents that if the case were to proceed to trial it would be necessary to utilize both the provisions of 18 U.S.C. 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. The prosecutor represented that Alchimio would have testified that at the time the extensions of credit were made, he believed that physical harm would come to him if he failed to repay the loans, and that this belief was based on his awareness of Francis Curcio's reputation in the community. D'Onofrio's plea of guilty, also to Count Two, was taken on December 9. 975 Sereno Drive. IndyMac Bank, F.S.B. Dahill Donofrio v. Assessor, Town of Stratford; and Town of Stratford 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. 577, 581, 783 A.2d 88 (2001). 86, would be available. 4 Whip was served on January 20, 2009, and the defendant Connecticut Environmental, LLC, was served on January 21, 2009. MEMORANDUM OF DECISION ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT. Curcio cites no instance where a lower federal court has avowedly disregarded a controlling decision of the Supreme Court, and the only instance that occurs to us is the action of a three-judge court in the second flag salute case, Barnette v. West Virginia State Board of Education, 47 F. Supp. 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.". 367, 369 n.2, 955 A.2d 544, cert. It is not important for our purposes whether 892(b) is addressed solely to the court as the district judge thought, i.e., the court may not withdraw a case from the jury or set aside a guilty verdict when "it is shown that all of the following factors were present", or whether the court may or, at the Government's request, must charge the jury that it may consider the factors in deciding whether the prosecution has established an extortionate extension of credit as defined in 891(6). Most of the articles do not go beyond the proofs which the prosecutor proposed to offer at the trial and presumably presented to the grand jury, but some linked Francis Curcio to "the Genovese Crime Family headquartered in New York City." 2019-09-06. Taylor, Bean & Whitaker Mortgage Corp. v. Dahill A. Donofrio et Dahill and Samuel have resided together in a single family house in Stratford, CT. Dahill resides in Shelton, CT in a condominium with Deborah. In support of its motion, the Bank submits the following evidence: (1) an affidavit of John Cook, a title searcher; (2) an affidavit of Tonya Hopkins, an assistant secretary for American Home Mortgage Servicing, Inc., the Bank's loan servicer; (3) a copy of the subject note and mortgage;2 (4) copies of the mortgage assignments to Taylor and the Bank, respectively; (5) a copy of a default notice letter addressed to Donofrio; (6) an affidavit of David Borrino, an attorney for the Bank; and (7) copies of United States postal service shipment tracking documentation. 134, 137, 948 A.2d 1035 (2008). font size. These concerns were reiterated in United States v. Guerro, 694 F.2d 898, 903 (2 Cir. He received his medical degree from 4 Greystone, Shelton, CT is the last known address for Dahill. 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." Performance & security by Cloudflare. CV 08 5016789 (April 16, 2010, Hartmere, J.). 2d 110] (1972), is void for vagueness. Dahill Donofrio 2"(3IOmn?b5 Ryders Health Management is part of the Healthcare Services industry, and located in Connecticut, United States. 4205(b) (2) with the understanding that such recommendation would not bind the court; that the parties approved the right of the defendant to seek review of the issues summarized in an attached Exhibit A;6 and that: The parties approve the right of defendant to seek timely review in accordance with the Federal Rules of Appellate Procedure, of the issues summarized in the document attached as Exhibit A, as those issues are more fully set forth in defendant's pretrial motion papers, in the United States Court of Appeals for the Second Circuit. The hearing convened at 2:15 PM, with Hearing Officer, Kathleen K. Ross presiding. Counsel for appellants objects to our considering these, saying that his statement "reflected only a concession that the Government would attempt to offer such evidence--not an admission that the Government's version of the facts was accurate; that all of the proffered testimony would be relevant or admissible; or that appellants had in fact made the statements that the Government indicated that potential trial witnesses would attribute to them." Neither can the evidentiary deficiency be cured by our relying on the prosecutor's proffers at the taking of the pleas and appellants' acquiescence in them. L. Rev. 682 (Supp. 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. As the Court recognized, the doctrine that a scienter argument may save a statute which might otherwise have to be condemned for vagueness stems from the plurality opinion in Screws v. United States, 325 U.S. 91, 101-02, 65 S. Ct. 1031, 1035-36, 89 L. Ed. Web3 FREE public records found for Dahill Donofrio in Stratford, CT. FastPeopleSearch results include contact information such as addresses, phone numbers, and email Unsurprisingly, if a jury is instructed with respect to a "presumption", "the jury instructions will generally be controlling", 442 U.S. at 157-59 n. 16, 99 S. Ct. at 2224-26 n. 16. 2d 205 (1976); United States v. Corr, 543 F.2d 1042, 1050 (2 Cir. Attorney Alice M. Sexton appeared on behalf of the respondents. (c) In any prosecution under this section, if evidence has been introduced tending to show the existence of any of the circumstances described in subsection (b) (1) or (b) (2), and direct evidence of the actual belief of the debtor as to the creditor's collection practices is not available, then for the purpose of showing the understanding of the debtor and the creditor at the time the extension of credit was made, the court may in its discretion allow evidence to be introduced tending to show the reputation as to collection practices of the creditor in any community of which the debtor was a member at the time of the extension. Dahill 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. 892(a) authorizes the same penalties for conspiracy, to wit, a fine of not more than $10,000 or imprisonment of not more than 20 years or both, as for the substantive crime. He did not take an appeal. In general, substitution is permitted in cases of assignment. Joblin v. LaBow, 33 Conn.App. The Supreme Court decision cited by the Government, Haynes v. United States, 390 U.S. 85, 88 S. Ct. 722, 19 L. Ed. WebKnown Addresses for Dahill Donofrio PO Box 506 Stratford, CT 06615 135 Allyndale Dr Stratford, CT 06614 Advertisements Source Dun & Bradstreet Data last refreshed on This is a pastime in which we do not commonly engage, and a district court cannot create so unseemly a role for us. In addition to what has been recounted above, the prosecutor said that Acabbo would testify that at the time when the extensions of credit were made, he believed that the Curcios had reputations for the use of threats and violence in the collection of loans. Find more info on AllPeople about Dahill Donofrio and 732 Bishop Avenue, LLC, as well as people who work for similar businesses nearby, colleagues for other branches, and more people with a similar name. If a voir dire should reveal that the publicity had created a taint more extensive than we would suppose, remedies such as a continuance or transfer of the trial to one of the four other places in Connecticut where court may be held, Hartford, New Haven, New London and Waterbury, 28 U.S.C. Deborah Donofrio, Deborah J Esposito, and two other persons are connected to this place. When a complaint and supporting affidavits establish an undisputed prima facie case for a foreclosure action, a court must only determine whether [a] special defense is legally sufficient before granting summary judgment. LaSalle National Bank v. Shook, Superior Court, judicial district of New London, Docket No. 2d 368 (1970), and that the rule of Pinkerton v. United States is unconstitutional. However, since litigants ordinarily have a constitutional right to have issues of fact decided by a jury the moving party for summary judgment is held to a strict standard of demonstrating his entitlement to summary judgment. (Citation omitted; internal quotation marks omitted.) You can email the site owner to let them know you were blocked. endobj In support of this the Court cited United States v. United States Gypsum Co., 438 U.S. 422, 434-446, 98 S. Ct. 2864, 2871-2878, 57 L. Ed. 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. In other words, a plea of guilty may operate as a forfeiture of all defenses except those that, once raised, cannot be "cured". Counts may not reflect the number of records that will appear in search results. There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. 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 FJ Dahill Company Dahill Donofrio Copyright 2023, Thomson Reuters. By virtue of a quit claim deed dated and recorded on November 17, 2006, Donofrio transferred an interest in the subject property to 4 Whip. Brutnell, a FBI Special Agent acting in an undercover capacity would have testified that he asked D'Onofrio for a loan of $5000 to $10,000, that D'Onofrio said he had to get approval for the loan and sent Brutnell to see Gus Curcio who stated that he needed Francis' approval for a loan of that size, and that Francis later told agent Brutnell he was considering whether to make the loan. Dahill resides with Nona in Shelton, CT in a condominium. 1628 (1943). Under the cases which we have cited and are cited by them, this would normally suffice to avoid condemnation under the void-for-vagueness doctrine. Donofrio issued a promissory note to Taylor on November 7, 2006. Dahill Donofrio - Retired - Millennium group mgmt | LinkedIn Dahill - Home - Facebook Indeed, as pointed out in 1 Weinstein & Berger, Evidence under the United States Rules, p 303, at 303-25 (1982), the novelty of Allen, and the point on which the majority of five and the minority of four divided, was its holding that in determining whether a "permissive presumption" satisfied the rationality test "the proper evidence to scrutinize is not the general experience of the community or the validity of the legislative findings which support the presumption, but rather the evidence submitted in the particular case at issue." You can email the site owner to let them know you were blocked. Med Offices 1st Fl Dept #130. See also United States v. International Union, United Automobile, Aircraft and Agricultural Implement Workers, 352 U.S. 567, 590-92, 77 S. Ct. 529, 540-41, 1 L. Ed. The Court went on to say that it had held "irrelevant in analyzing a mandatory presumption, but not in analyzing a purely permissive one, that there is ample evidence in the record other than the presumption to support a conviction", 442 U.S. at 160, 99 S. Ct. at 2226. Dr. David L. Dahill, DO | Vallejo, CA | Family Medicine Doctor Questions Post Question There are no questions yet for this company. Assistant Attorney General Terrence M. O'Neill appeared on behalf of the respondents. FN5. 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.) ], Whether the Pinkerton doctrine, set forth in Pinkerton v. United States, 328 U.S. 640, 66 S. Ct. 1180, 90 L. Ed. New Haven v. God's Corner Church, Inc., 108 Conn.App. xVM6+@wrV%m*-!w$?8aU#~a@!O/r8^%G}[P ` In its objection to the motion for summary judgment, 4 Whip contends that the Hopkins affidavit is legally insufficient. All rights reserved. We have emphasized only recently the efficacy of the voir dire in cases (Abscam and Watergate) involving far more extensive publicity than occurred here. You can help Wikipedia by expanding it. The latter would have testified that he was aware of the reputations of Francis Curcio and D'Onofrio for violence and believed he would suffer broken bones in the event of a default. Family Medicine. We find no force in this argument, because we are here concerned with the definition of the offense, not with the propriety of the inferences which the Government may seek to have drawn in proving it. Leonard A Donofrio, 66. This is the third time in which appellants Francis and Gus Curcio have been before us in this case, see 680 F.2d 881 (1982); 694 F.2d 14 (1982). Dahill Donofrio - Previous Principal for Dad Assoc LLC United States of America, Appellee, v. Francis Curcio, Gus Curcio Dept. Donofrio Dr. D'Onofrio resides in Stamford with his wife, has six children (two sets of twins!) WebAbbott, Jackie IFS Stratford 203-455-3134 Jessica.Kremer@ct.gov Acosta-Lopez, Angel SD Waterbury 203-805-7466 mallory.valdez@ct.gov Albertie, Mary IFS Danbury 203-448-3506 Shannon.Cooke@ct.gov Renee D'onofrio Kremmer, Jessica Mark LaMadeleine McCarthy Dori 13 (picked up SD CM) Salvo, Roseann 11 Santilli, Margherita 9 Abbie The Allen majority criticized this court for having passed on the constitutionality of a "permissive presumption" statute, to wit, a New York statute providing that presence of a firearm in an automobile is presumptive evidence of its possession by all occupants, "on its face", 442 U.S. at 162-63, 99 S. Ct. at 2227-28. (emphasis supplied). 439 U.S. at 395, 99 S. Ct. at 685. Stratford Vallejo, CA 94589. The Indictment and the Proceedings in the District Court. hamilton police auxiliary 208.97.157.214 Id. Furthermore, [t]he Superior Court is a court of general jurisdiction. This case has been pending much too long, a year and a half since the indictment was filed, with three appeals to this court.

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