Connecticut: Resident wins Appellate Court reversal, “The question that this raises is pertinent to consider: is justice unaffordable for many?”

New Canaan resident Michael Nowacki speaks at a Town Council meeting in March 2014. (Aaron Marsh photo)

New Canaan resident Michael Nowacki claims a trial court violated his U.S. Constitutional rights in two 2012 convictions of him it reached, and the Connecticut Appellate Court has now said it agrees.

In a decision published Tuesday, March 10, in the state’s law journal, the Appellate Court reversed one of Nowacki’s convictions and ordered a retrial for the other, finding in the latter that the trial court violated Nowacki’s rights to present his defense — which he did during the trial himself, without retaining legal counsel.

The Advertiser is now asking what no news outlet thus far to report on Nowacki’s successful appeal yet has. In the charge for which the Appellate Court ordered a new trial — where the appeal judges’ argument largely hinges on one witness not being called and Nowacki’s own attempted, related testimony being limited — what would that witness have said about a key legal point of this case?

Michael Nowacki “The story posted by the New Canaan Advertiser is generally factual and represents fair minded journalism which journeyed into “news analysis” which provided validation that the testimony of Susan Schultz would have been “probative” and “corroborating”. My thanks to Aaron Marsh and Greg Reilly for the comprehensive review of some landmark issues of due process and equal protection which have the potential to be substantive and precedent setting affirmations of that fundamental constitutional and civil rights can only be upheld if we challenge trial court decisions which compromised the integrity of those who framed the language in the Constitution of the United States.
However, this decision in no way compensates me for the cost of defending these liberties, which in this case rises to $100,000. The question that this raises is pertinent to consider: is justice unaffordable for many?”

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