110 Conn. App. 653

STATE OF CONNECTICUT v. TODD DELLACAMERA

(AC 29115)

Flynn, C. J., and McLachlan and Beach, Js.

Argued June 11

officially released September 30, 2008

MarkR. Soboslai, with whom was Ross M. Kaufman, for the plaintiff in error.

*654 Harry Weller, senior assistant state’s attorney, for the defendant in error.

Opinion

PER CURIAM.

The plaintiff in error, Todd Dellacamera, brought a writ of error challenging the constitutionality of General Statutes § 46b-38c.1 He claims in *655essence that the extension of a criminal protective order to prevent contact with his daughter violated his constitutionally protected rights to family integrity and due process. The state, the defendant in error, moved to dismiss the writ of error for lack of subject matter jurisdiction.2 We ordered supplemental briefs and oral argument on the issue of whether review of a family violence protection order issued pursuant to § 46b-38c can be brought by way of a writ of error when a plaintiff in error can, and did, seek expedited appellate review by way of a petition for review pursuant to General Statutes § 54-63g.3 We conclude that the writ of error is improper and, accordingly, dismiss the writ.

The record reveals the following relevant facts and procedural history. In May, 2007, following an alleged altercation with his wife at their home, the plaintiff in error was arrested and charged with disorderly conduct *656in violation of General Statutes § 53a-182, interfering with an emergency call in violation of General Statutes § 53a-183b and unlawful restraint in the second degree in violation of General Statutes § 53a-96. He subsequently was arraigned and released on bond. As a condition of release, the court, Reynolds, J., on May 7, 2007, issued a family violence protective order pursuant to § 46b-38c. The protective order prohibited the plaintiff in error from having any contact with his wife and was extended to include his minor daughter. The protective order was modified twice, first by the court, Beilis, J., on May 16, 2007, to allow the plaintiff in error to have limited telephone contact with his daughter, and later by the court, Hon. Jack C. Grogins, judge trial referee, on June 19, 2007, to permit the plaintiff in error to participate in therapy sessions with his daughter.

A dissolution action was commenced on May 17, 2007. In July, 2007, the court, Hon. Howard T. Owens, Jr., judge trial referee, conducted evidentiary hearings on a motion for pendente lite orders of joint custody and for a parenting plan. The court was aware of the protective order issued in connection with the criminal proceedings but nonetheless granted the plaintiff in error some visitation privileges with his daughter. Judge Owens stated on the record that he did not believe that his orders conflicted with the terms of the criminal protective order as modified.

After Judge Owens’ orders were issued, the state filed in the criminal case a “motion for determination of priority of orders.” On July 12,2007, following a hearing, Judge Grogins ruled that the criminal protective order took precedence over and overruled the civil order to the extent that the two orders were inconsistent.

The plaintiff in error subsequently filed in this court a petition for review of Judge Grogins’ ruling, pursuant to § 54-63g. On October 24, 2007, a panel of this court *657granted review of that petition but denied the relief requested, thereby allowing Judge Grogins’ ruling to stand. The plaintiff in error also brought a writ of error to the Supreme Court, which writ challenged Judge Grogins’ ruling that the protective order took precedence over the family court order. The matter was transferred to this court by the Supreme Court pursuant to Practice Book § 65-1. On February 15, 2008, the state filed a motion to dismiss the plaintiff in error’s writ of error for lack of subject matter jurisdiction. On April 29, 2008, we ordered the parties to file simultaneous supplemental briefs addressing the issue of whether review of a family violence protection order issued pursuant to § 46b-38c can be brought by way of a writ of error when a plaintiff in error can, and did, seek expedited appellate review by way of a petition for review pursuant to § 54-63g.

A writ of error is not available where the claimed error “might have been reviewed by process of appeal . . . .” Practice Book § 72-1 (b) (1). An interlocutory order concerning release may be reviewed by a petition for review pursuant to § 54-63g. State v. Ayala, 222 Conn. 331, 338-40, 610 A.2d 1162 (1992). For persons aggrieved by orders concerning release in criminal cases, the General Assembly has provided the exclusive remedy of the petition for review. The existence of the legislatively created remedy precludes the use of a writ of error to review an order concerning release.

The writ of error is dismissed.

State v. Dellacamera
110 Conn. App. 653

Case Details

Name
State v. Dellacamera
Decision Date
Sep 30, 2008
Citations

110 Conn. App. 653

Jurisdiction
Connecticut

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