Bernard Mulka v. Department of Corrections

May 12, 2014

OUTCOME: Obtained compassionate release of dying prisoner.

Robinson+Cole lawyers James A. Wade and Dominic Spinelli secured the release from prison of a 51-year-old man dying of cancer. Bernard Mulka was convicted in 2003 and 2004 for his involvement in two ... bank robberies. He was sentenced to 20 years in prison, with execution suspended after 12 years in the Judicial District of Hartford. He also received a consecutive 5-year sentence in the Judicial District of Tolland. In 2013, while an inmate at the Osborn Correctional Institution, Mr. Mulka was informed that his cancer, for which he had received treatment a decade earlier, had returned and that his prognosis was poor. Robinson+Cole assisted Mr. Mulka with his application for medical and/or compassionate parole, a statutory provision in Connecticut that offers early release to inmates who are terminally ill and who do not pose a threat to society. Over approximately eight months, Mr. Wade and Mr. Spinelli argued Mr. Mulka's case. This included initially submitting an application for medical and/or compassionate parole with the Connecticut Board of Pardons and Paroles (Board), who denied Mr. Mulka's application on January 16, 2014. Thereafter, Mr. Wade and Mr. Spinelli sought modification of Mr. Mulka's sentence to time served in the original sentencing courts in Hartford and Tolland, which was also unsuccessful. Finally, they brought a habeas corpus action in the Connecticut Superior Court, alleging violations of his constitutional rights and seeking compassionate and/or medical parole. After one day of trial, the Board agreed to hold a second hearing on Mr. Mulka's application, at which time the Board granted him compassionate parole. He was released on May 12, 2014, after spending 10 years in prison. Unfortunately, Mr. Mulka passed away on May 26, 2014, spending the final two weeks of his life at his father's house with his family by his side.

Fairchild Heights Residents Association, Inc. v. Fairchild Heights, Inc.

Sep 08, 2013

OUTCOME: Obtained reversal of Connecticut Appellate Court's decision dismissing client's case, and obtained a new trial as a result.

Represented an association of mobile home residents that brought action against owner-operator of mobile home park, asserting per se negligence and Connecticut Unfair Trade Practices Act (CUTPA) claims ... and seeking declaratory and injunctive relief, punitive damages, attorney fees, and costs. After bench trial, the Superior Court, Judicial District of Waterbury, 2009 WL 4846263, Cremins, J., entered judgment in favor of owner-operator. Association appealed. The Appellate Court, 131 Conn.App. 567, 27 A.3d 467, Lavine, J., reversed and remanded with direction to dismiss action for lack of subject-matter jurisdiction. On certification, the Supreme Court, Zarella, J., held, in part, that the association was not required to exhaust administrative remedies before asserting CUTPA claim; that association had standing to pursue CUTPA claim on behalf of its members; and that association was entitled to new trial on CUTPA claim.

State of Connecticut v. Juma Lahai

N/A

OUTCOME: