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Criminal Law & Procedure

Criminal Law Appellate Court Opinions

   by Booth, George

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=623

AC38588 - State v. Walton (Robbery first degree; larceny second degree; assault on elderly person third degree; prosecutorial impropriety; "The defendant, Antoine Walton, appeals from the judgment of conviction, rendered after a jury trial, of robbery in the first degree in violation of General Statutes § 53a-134 (a) (4), larceny in the second degree in violation of General Statutes § 53a-123 (a) (3), and assault on an elderly person in the third degree in violation of General Statutes § 53a-61a (a). On appeal, the defendant claims for the first time that the prosecutor engaged in impropriety and misstated the law during rebuttal closing argument when he argued to the jury that, had the investigating detectives wanted to fabricate evidence, they would have done so in a manner that was more favorable to the state's case. The prosecutor made these remarks in response to the defendant's suggestion during his closing argument that certain detectives had conformed witness statements concerning the height, footwear and other identifying characteristics of the defendant to make them consistent. We conclude that because binding precedent arising out of similar facts controls, in light of it, the defendant has failed to show that the prosecutor's remarks were improper. We agree with the state that the prosecutor did not misstate the law, because he did not make a statement of the law, at all, and we accordingly affirm the judgment of the trial court.")

AC38612 - State v. Soto (Criminal possession of pistol; risk of injury to child; reviewability of claim; "The defendant, Luis Xavier Soto, appeals from the judgment of conviction rendered after a jury trial of one count of criminal possession of a pistol in violation of General Statutes § 53a-217c (a) (1) and one count of risk of injury to a child in violation of General Statutes § 53-21 (a) (1). The defendant's sole claim on appeal is that this court should remand the case for a new trial because the jury's verdict was against the weight of the evidence. We decline to review the defendant's claim because it is unpreserved and not entitled to review under State v. Golding, 213 Conn. 233, 239–40, 567 A.2d 823 (1989). Accordingly, we affirm the judgment of the trial court.")


Criminal Law Supreme and Appellate Court Opinions

   by Booth, George

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=609

SC19608 - State v. Skipwith (Writ of error; certification from Appellate Court; claim that trial court improperly dismissed plaintiff in error's motion to correct illegal sentence based on violation of her rights under victim's rights amendment in state constitution; "The question that we must answer in this certified appeal is whether a crime victim who has been deprived of her state constitutional rights to object to a plea agreement between the state and the defendant and to make a statement at the sentencing hearing is entitled to have the defendant’s sentence vacated so that she may attend a new sentencing hearing and give a statement. The defendant, Justin Skipwith, was charged with, inter alia, manslaughter in the second degree with a motor vehicle after the vehicle that he was driving struck and killed Brianna Washington, the daughter of the plaintiff in error, Tabatha Cornell. Although the plaintiff in error notified the defendant in error, the state's attorney for the judicial district of Waterbury (state), that she was invoking her rights as a victim of the crime pursuant to article first, § 8, of the Connecticut constitution, as amended by articles seventeen and twenty-nine of the amendments, she was not afforded an opportunity to object to the plea agreement between the defendant and the state or to make a statement at the defendant’s sentencing hearing. Thereafter, the plaintiff in error filed a motion to vacate the sentence, which the trial court dismissed for lack of subject matter jurisdiction. The plaintiff in error then filed a writ of error claiming that the trial court improperly dismissed her motion to vacate the defendant’s sentence, naming the state as the defendant in error. See State v. Skipwith, 159 Conn. App. 502, 503, 123 A.3d 104 (2015). The Appellate Court determined that the trial court had properly concluded that it lacked jurisdiction to entertain the motion to vacate and dismissed the writ of error. Id., 512. We then granted the plaintiff in error’s petition for certification to appeal. We affirm the judgment of the Appellate Court on the alternative ground that the writ of error must be dismissed on the merits because it seeks a form of relief that is barred by the victim’s rights amendment. Accordingly, we need not reach the question of whether the Appellate Court properly found that the trial court lacked jurisdiction to entertain the plaintiff in error’s motion to vacate the defendant’s sentence.")

AC38348 - State v. Raynor (Assault first degree as accessory; conspiracy to commit assault first degree; "The defendant, James Raynor, appeals from the judgment of conviction rendered against him following a jury trial on charges of accessory to assault in the first degree in violation of General Statutes §§ 53a-59 (a) (5) and 53a-8, and conspiracy to commit assault in the first degree in violation of General Statutes §§ 53a-48 and 53a-59 (a) (5). On appeal, the defendant claims that (1) there was insufficient evidence to sustain his conviction as an accessory to assault in the first degree; (2) there was insufficient evidence to sustain his conviction of conspiracy to commit assault in the first degree; (3) the trial court abused its discretion in admitting uncharged misconduct evidence as evidence of the defendant's motive and intent to commit the crimes charged against him in this case; and (4) the court improperly denied the defendant's Batson challenge to the state's exercise of a peremptory challenge during jury selection. We affirm the judgment of the trial court.")

AC38771 - State v. McGee (Robbery second degree; conspiracy to commit robbery second degree; sexual assault fourth degree; breach of peace second degree; "On appeal, the defendant claims that the court improperly rejected his claim that the imposition of separate sentences upon him on two counts of robbery in the second degree, each prosecuted in connection with the robbery of a single victim, but under a different subdivision of the second degree The defendant, Frank McGee, appeals following the trial court's dismissal of his motion to correct an illegal sentence. robbery statute, General Statutes (Rev. to 2007) § 53a-135 (a), violated his constitutional right against double jeopardy. We are not persuaded.")

AC39466 - State v. Bozelko (Motion to correct illegal sentence; "This case returns to this court following our reversal of the trial court's ruling that it lacked subject matter jurisdiction over the defendant's motion to correct an illegal sentence, and the resulting remand to the trial court, Arnold, J., for further proceedings on the merits of the defendant's motion. State v. Bozelko, 154 Conn. App. 750, 766, 108 A.3d 262 (2015). The defendant claimed that the sentencing court, Cronan, J., sentenced her in an illegal manner by relying on misleading or inaccurate information set forth in her presentence investigation report (PSI). Id., 763–64. On remand, Judge Arnold denied the defendant's claim, finding that the defendant had failed to present any evidence showing that the sentencing court had relied on misleading or inaccurate information in imposing her sentence. On appeal, the defendant challenges that determination. We affirm the judgment of the trial court.")


Criminal Law Appellate Court Opinion

   by Booth, George

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=585

AC39796 - State v. Torres (Murder; carrying pistol without permit; "The defendant, Quavon Torres, appeals from the judgment of conviction, rendered after a jury trial, of murder pursuant to General Statutes § 53a-54a and carrying a pistol without a permit pursuant to General Statutes § 29-35 (a). He claims on appeal that an eyewitness' first time in-court identification of him as the shooter should have been excluded pursuant to our Supreme Court's decision in State v. Dickson, 322 Conn. 410, 141 A.3d 810 (2016), cert. denied, ___ U.S. ___ (June 19, 2017) (No. 16-866). We agree and reverse the judgment of the trial court.")


Criminal Law Supreme Court Opinion

   by Booth, George

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=582

SC19645 - State v. Acosta (Sexual assault first degree; risk of injury to child; certification from Appellate Court; "The primary question presented in this appeal is whether evidence of uncharged sexual misconduct that occurred twelve years before a charged offense is too remote to be admissible pursuant to the factors set forth in State v. DeJesus, 288 Conn. 418, 476, 953 A.2d 45 (2008). The defendant, Roberto Acosta, appeals from the judgment of the Appellate Court affirming his judgment of conviction, following a jury trial, of sexual assault in the first degree in violation of General Statutes § 53a-70 (a) (2), and two counts of risk of injury to a child in violation of General Statutes § 53-21 (a) (1) and (2). State v. Acosta, 162 Conn. App. 774, 775, 129 A.3d 808 (2016). The defendant, relying on DeJesus, argues that evidence of twelve year old uncharged sexual misconduct is too remote and insufficiently similar to the charged offenses, that the trial court therefore abused its discretion in admitting it, and that the Appellate Court improperly concluded otherwise. The state counters that the uncharged conduct is not too remote under DeJesus, particularly in light of the similarities between the conduct and the victims. We agree with the state that the trial court acted within its discretion in admitting the evidence and affirm the judgment of the Appellate Court.")


Criminal Law Appellate Court Opinion

   by Booth, George

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=566

AC39180 - State v. Franklin (Murder; attempt to commit robbery in first degree; conspiracy to commit robbery in first degree; criminal possession of firearm; "The defendant, Zachery Franklin, appeals from the judgment of conviction, following a jury trial, of murder, in violation of General Statutes § 53a-54a, attempt to commit robbery in the first degree in violation of General Statutes §§ 53a-49 (a) (2) and 53a-134 (a) (2), conspiracy to commit robbery in the first degree in violation of General Statutes §§ 53a-8 (a) and 53a-134 (a) (2), and criminal possession of a firearm in violation of General Statutes § 53a-217 (a) (1). On appeal, the defendant claims that (1) the evidence was insufficient to sustain his conviction of murder and criminal possession of a firearm, (2) the court abused its discretion by admitting certain uncharged misconduct evidence and (3) his right to a fair trial was violated as a result of prosecutorial impropriety. We disagree, and, accordingly, affirm the judgment of conviction.")


Criminal Law Supreme Court Opinion

   by Booth, George

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=561

SC19510 - State v. Houghtaling (Possession of marijuana with intent to sell; possession of more than four ounces of marijuana; motion to suppress; conditional plea of nolo contendere; certification from Appellate Court; "The primary issue in this certified appeal is whether the defendant, Richard Houghtaling, presented evidence sufficient to establish his subjective expectation of privacy in a residence he had leased to a third party. After the police found numerous marijuana plants during a search at the residence, the officers located and stopped the defendant and later arrested him. After his arrest, the defendant admitted he was aware of, and had provided some unspecified assistance with, the grow operation. The state later charged the defendant with certain drug related offenses. The defendant moved to suppress evidence gathered during the search and his subsequent statements to the police as the fruits of a warrantless and illegal search of the property, which he owned but had leased to a third party, Thomas Phravixay. He also claimed that the police had illegally stopped and arrested him. The trial court denied the defendant's motion, and he subsequently entered a conditional plea of nolo contendere. The Appellate Court affirmed the defendant's conviction; see State v. Houghtaling, 155 Conn. App. 794, 830, 111 A.3d 931 (2015); and we granted certification to appeal. State v. Houghtaling, 317 Conn. 919, 919–20, 118 A.3d 62 (2015). Because we agree with the Appellate Court that the defendant lacked standing to challenge the search, and that his detention and subsequent arrest were lawful, we affirm the judgment of the Appellate Court.")


Criminal Law Supreme and Appellate Court Opinions

   by Booth, George

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=551

SC19851 - State v. Schovanec (Identity theft third degree; illegal use of credit card; credit card theft; larceny sixth degree; "The defendant, Frank Schovanec, appeals from the judgment of conviction, rendered following a jury trial, of identity theft in the third degree in violation of General Statutes § 53a-129d, credit card theft in violation of General Statutes § 53a-128c (a), illegal use of a credit card in violation of General Statutes § 53a-128d (2), and larceny in the sixth degree in violation of General Statutes § 53a-125b. On appeal, the defendant claims that the trial court incorrectly (1) precluded him from arguing third-party culpability and denied his corresponding request for a jury instruction, and (2) sentenced the defendant on the charges of identity theft, illegal use of a credit card, and the lesser included offense of larceny in the sixth degree because these convictions violated the prohibition against double jeopardy contained within the fifth amendment to the United States Constitution. We disagree and, accordingly, affirm the judgment of the trial court.")

AC37925 - State v. Sampson (Interfering with officer; "The defendant, Tyran Sampson, appeals from the judgment of conviction, rendered after a jury trial, of interfering with an officer in violation of General Statutes § 53a-167a. The defendant claims that the trial court violated (1) his right to confrontation by excluding certain impeachment evidence as to a state's witness and (2) his right to present a defense by prohibiting the introduction of certain testimony. We disagree and affirm the judgment of the trial court.")

AC36606 - State v. O’Donnell (Bribery of witness; tampering with witness; "The defendant, Gerald O'Donnell, appeals from the judgment of conviction, rendered after a jury trial, of bribery of a witness in violation of General Statutes § 53a-149 and tampering with a witness in violation of General Statutes § 53a-151. On appeal, the defendant claims that (1) the evidence was insufficient to support his conviction, (2) the trial court erred in refusing to set aside the guilty verdict as being against the weight of the evidence, (3) the court erred in instructing the jury on the elements of tampering with a witness, (4) the court erred in denying the defendant's request for a witness to testify, in a proffer, outside the presence of the jury, and (5) the court erred in granting the state's motion to quash the defendant's subpoena requesting information and materials related to the witness protection program. We affirm the judgment of the trial court.")

AC39271 - State v. Carter (Motion to correct illegal sentence; "The defendant, Anthony Carter, appeals from the judgment of the trial court, dismissing in its entirety his motion to correct an illegal sentence. Having thoroughly reviewed the defendant's claims on appeal, we conclude that they are wholly without merit. We agree with the state, however, that the trial court should have denied rather than dismissed the defendant's claim that the sentencing court, under the circumstances of this case, was not authorized by statute to impose consecutive sentences with respect to the defendant's convictions. The court properly dismissed the remainder of the defendant's claims.")

AC37995, AC37997 - State v. Young (Assault in first degree; carrying pistol without permit; sufficiency of evidence; supplemental jury instruction; "In this consolidated appeal, the defendant, Patrick Young, appeals from the judgment of conviction, rendered after a jury trial, of assault in the first degree in violation of General Statutes § 53a-59 (a) (1) and carrying a pistol without a permit in violation of General Statutes § 29-35, and the judgment revoking his probation. The defendant claims that (1) there was insufficient evidence to support his conviction for assault in the first degree, (2) the trial court abused its discretion by admitting into evidence the names of his prior felony convictions, and (3) the court abused its discretion by giving a supplemental charge to the jury in which it named the defendant's prior convictions. We disagree and affirm the judgments of the trial court.")


Criminal Law Supreme Court Opinion

   by Zigadto, Janet

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=546

SC19717 - State v. Baccala ("The defendant, Nina C. Baccala, was convicted of breach of the peace in the second degree in violation of General Statutes § 53a-181 (a) (5) solely on the basis of the words that she used to denigrate the manager of a supermarket in the course of a customer service dispute. Fundamentally, we are called upon to determine whether the defendant's speech is protected under the first amendment to the United States constitution or, rather, constitutes criminal conduct that a civilized and orderly society may punish through incarceration.

The distinction has profound consequences in our constitutional republic. 'If there is a bedrock principle underlying the [f]irst [a]mendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable.' Texas v. Johnson, 491 U.S. 397, 414, 109 S. Ct. 2533, 105 L. Ed. 2d 342 (1989).

Only certain types of narrowly defined speech are not afforded the full protections of the first amendment, including 'fighting words,' i.e., those words that 'have a direct tendency to cause acts of violence by the person to whom, individually, the remark is addressed.' (Internal quotation marks omitted.) Chaplinsky v. New Hampshire, 315 U.S. 568, 573, 62 S. Ct. 766, 86 L. Ed. 1031 (1942). The broad language of Connecticut’s breach of the peace statute . . . has been limited accordingly. See State v. Indrisano, 228 Conn. 795, 812, 640 A.2d 986 (1994). Because the words spoken by the defendant were not likely to provoke a violent response under the circumstances in which they were uttered, they cannot be proscribed consistent with the first amendment. Accordingly, we reverse the judgment of the trial court.")


Criminal Law Appellate Court Opinions

   by Zigadto, Janet

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=545

AC38115 - State v. Holley ("The defendant, Ever Lee Holley, appeals from the judgment of conviction, rendered after a jury trial, of possession of a narcotic substance with intent to sell by a person who is not drug-dependent in violation of General Statutes § 21a-278 (b). On appeal, the defendant claims that the trial court improperly (1) instructed the jury on reasonable doubt and (2) denied his motion to suppress evidence. We reject both of these claims and, therefore, affirm the judgment of the trial court.")

AC39427 - State v. Gansel ("The defendant, Heather Gansel, appeals from the judgment of conviction, following a trial to the court, of larceny in the first degree by embezzlement in an amount more than $20,000 in violation of General Statutes §§ 53a-119 (1), 53a-121 (b), and 53a-122 (a) (2). The defendant claims that the court abused its discretion by admitting into evidence certain inculpatory e-mails because they were not properly authenticated. Because we conclude that an evidentiary error, if any, was harmless, we affirm the judgment of the trial court.")

AC38446 - State v. Reddick ("The defendant, Jermaine E. Reddick, appeals from the judgment of conviction, rendered against him after a jury trial in the judicial district of New Haven, on charges of assault in the first degree in violation of General Statutes § 53a-59 (a) (5), criminal possession of a firearm in violation of General Statutes § 53a-217 (a) (1), and assault in the third degree in violation of General Statutes § 53a-61 (a) (1). On appeal, the defendant claims that his conviction should be reversed on grounds that the prosecutor, in his closing argument to the jury, violated his right to a fair trial by (1) improperly commenting on the defendant's failure to inform police officers at the time of his arrest that he had shot the victim in self-defense; (2) offering his personal opinion as to the credibility of a state's witness; and (3) appealing to the emotions of the jurors by injecting extraneous issues into the trial and commenting on the defendant's prior felony conviction. We affirm the judgment of the trial court.")


Criminal Law Supreme Court Opinions

   by Roy, Christopher

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=537

SC19641 - State v. Jerzy G. ("In State v. Aquino, 279 Conn. 293, 298, 901 A.2d 1194 (2006), this court concluded that a deported defendant’s challenge to the denial of his motion to withdraw his guilty plea was moot because, in the absence of evidence that the attendant conviction was the sole barrier to the deportee’s ability to reenter the United States or to obtain naturalization, the court could not afford the deportee practical relief. In the present case, the Appellate Court concluded that, under Aquino, the appeal of the defendant, Jerzy G., from the trial court’s order terminating his participation in an accelerated rehabilitation program and ordering his rearrest on the pending criminal charge was rendered moot by his deportation because the reason for his deportation was unrelated to that program or that charge. State v. Jerzy G., 162 Conn. App. 156, 161, 164, 130 A.3d 303 (2015). We conclude that Aquino, properly construed, does not control the present case because the record establishes the reason for the defendant’s deportation and there is a reasonable possibility that the trial court’s orders would result in prejudicial collateral consequences. Accordingly, the Appellate Court improperly dismissed the defendant’s appeal as moot.")


Judicial Branch Now Publishing Headnotes for its Supreme & Appellate Court Opinions

   by Booth, George

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=534

The Judicial Branch has announced that it is now publishing a syllabus (headnote) at the top of each Supreme and Appellate Court opinion:

The Judicial Branch is now posting online headnotes for both Supreme and Appellate Court opinions. These headnotes, which accompany individual Supreme and Appellate Court decisions, include a short summary of the ruling and the procedural history of a case. The Reporter of Judicial Decisions prepares the headnotes, which are not part of the opinion. As such, the opinion alone should be relied upon for the reasoning behind the decision [Emphasis added].

Subscribe to a case law category (or categories) of your choice through our Email Digest or RSS delivery services to receive the latest cases from the Supreme or Appellate Courts delivered directly to your inbox.


Criminal Law Appellate Court Opinion

   by Booth, George

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=526

AC38206 - State v. Purcell (Risk of injury to child; "The defendant, Robert John Purcell, appeals from the judgment of the trial court, rendered after a jury trial, of conviction of one count of risk of injury to a child in violation of General Statutes § 53-21 (a) (1) and of two counts of risk of injury to a child in violation of General Statutes § 53-21 (a) (2). The jury found the defendant not guilty of one count of sexual assault in the first degree in violation of General Statutes § 53a-70 (a) (1), two counts of sexual assault in the second degree in violation of General Statutes § 53a-71 (a) (1), and one count of risk of injury to a child in violation of § 53-21 (a) (2). On appeal, the defendant raises various claims pertaining to testimony by the victim's mother that the victim had been diagnosed with post-traumatic stress disorder (PTSD testimony) and the trial court's denial of his motion to suppress statements that he made to the police during a custodial interrogation. With respect to the PTSD testimony, the defendant claims that allowing the victim's mother to testimony about his medical conditions constituted a harmful evidentiary error, which was based on the PTSD testimony. With respect to his motion to suppress, the defendant claims that the interrogating detectives violated Edwards v. Arizona, 451 U.S. 477, 101 S. Ct. 1880, 68 L. Ed. 2d 378 (1981), by continuing to question him after he clearly and unambiguously invoked his right to counsel. Alternatively, the defendant argues that, even if his invocations were ambiguous or equivocal, and therefore ineffective under Edwards, article first, § 8, of the Connecticut constitution required the interrogating detectives to clarify his statements before questioning him further. We reject the defendant's claims and, accordingly, affirm the judgment of the trial court.")


Criminal Law Supreme Court Opinion

   by Booth, George

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=518

SC19790 - State v. Seeley (Forgery second degree; supervisory authority over administration of justice; "The principal issue in this appeal is whether, in a trial to the court, the state presented sufficient evidence in its case-in-chief to support the conviction of the defendant, James Seeley, of forgery in the second degree in violation of General Statutes § 53a-139 (a) (1) in connection with a document created to facilitate the purchase of a vehicle on behalf of a corporation. In challenging the sufficiency of the evidence presented, the defendant claims that we should exercise our supervisory authority over the administration of justice to abandon the waiver rule in the context of court trials, and review the trial court's denial of his motion for judgment of acquittal following the state's case-in-chief, despite the fact that he elected to introduce evidence of his own. We need not reach the defendant's claim regarding the waiver rule because we conclude that there was sufficient evidence in the state's case-in-chief to support the defendant's conviction. Accordingly, we affirm the judgment of the trial court.")


Criminal Law Appellate Court Opinions

   by Mazur, Catherine

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=509

AC38473 - State v. Joseph ("The defendant, Jose Ronald Joseph, appeals from the judgment of conviction, rendered after a jury trial, of two counts of sexual assault in the first degree in violation of General Statutes § 53a-70 (a) (2) and two counts of risk of injury to a child in violation of § 53-21 (a) (2). On appeal, the defendant claims that the trial court (1) violated his statutory right under General Statutes § 54-82m to a speedy trial, (2) violated his sixth amendment right to a speedy trial, (3) violated his right to procedural due process by not holding hearings on his motions for a speedy trial, and (4) committed plain error in providing a constancy of accusation instruction to the jury. We affirm the judgment of the trial court.")

AC163346 - State v. Patel ("In this criminal matter, the petitioner, American News and Information Services, Inc., seeks relief, pursuant to Practice Book § 77-1 and General Statutes § 51-164x (c), from an order of the trial court that, although allowing the petitioner to view certain documents that were marked as exhibits in the underlying murder trial prosecuted by the respondent, the state of Connecticut, against the defendant, Hiram M. Patel, prevented the petitioner from obtaining copies of those exhibits....

"On the basis of our review of the record, we agree with the petitioner that the court improperly limited the disclosure of judicial documents without adhering to the procedural safeguards required under our rules of practice. Accordingly, we vacate that portion of the court's order preventing the petitioner from obtaining copies of trial exhibits and direct the court to follow the procedures set forth in Practice Book § 42-49A prior to rendering any new order limiting disclosure of exhibits.")

AC37632 - State v. Smith ("The defendant, Stacy Smith, appeals from the judgment of conviction, rendered after a jury trial, of sexual assault in the second degree in violation of General Statutes § 53a-71 (a) (1) (count one), risk of injury to a child in violation of General Statutes § 53-21 (a) (2) (count two), sexual assault in the second degree in violation of § 53a-71 (a) (1) (count three), risk of injury to a child in violation of § 53-21 (a) (2) (count four), sexual assault in the fourth degree in violation of General Statutes § 53-73a (a) (1) (count five), risk of injury to a child in violation of § 53-21 (a) (2) (count six), and risk of injury to a child in violation of § 53-21 (a) (1) (count seven). On appeal, the defendant claims that (1) his conviction violated his right to due process under the constitution of Connecticut because the police lost potentially exculpatory evidence, in the form of a text message, in violation of State v. Morales, 232 Conn. 707, 720, 657 A.2d 585 (1995), and (2) his conviction for both sexual assault in the second degree (counts one and three) and risk of injury to a child (counts two and four) constituted a violation of his constitutional right against double jeopardy. We disagree and, accordingly, affirm the judgment of the trial court.")

AC38583 - Johnson v. Preleski ("The petitioner, Anthony Johnson, appeals from the judgment of the trial court dismissing his petition for a new trial brought against the respondent, Brian Preleski, the state’s attorney for the judicial district of New Britain. The petitioner claims that, in concluding that the petitioner’s action was time barred under General Statutes § 52-282, the court improperly rejected his argument that General Statutes § 52-593a saved his cause of action. We affirm the judgment of the trial court.")


Criminal Law Appellate Court Opinions

   by Booth, George

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=492

AC38087 - State v. Lewis (Carrying pistol without permit; criminal possession of pistol or revolver; motion to suppress evidence; unlawful search and seizure; "The defendant, Demetrice Lewis, appeals from the judgment of conviction after the court's denial of his motion to suppress evidence in which he sought to suppress the introduction of a pistol found on his person by a police officer. Following the denial of his motion, the defendant entered conditional pleas of nolo contendere to the offenses of carrying a pistol without a permit and criminal possession of a pistol. Subsequently, the court rendered a judgment of conviction and sentenced the defendant to ten years of incarceration, execution suspended after one year, followed by a three year conditional discharge. On appeal, the defendant claims that the court erroneously denied his motion to suppress the pistol because it was obtained from him in violation of his constitutional rights against unlawful search and seizure. We affirm the judgment of the trial court.")

AC38475 - State v. Andino (Assault in first degree; criminal possession of firearm; "The defendant, Victor Andino, appeals from the judgment of conviction, rendered following a jury trial, of assault in the first degree in violation of General Statutes § 53a-59 (a) (1) and criminal possession of a firearm in violation of General Statutes § 53a-217 (a) (1). Additionally, following a plea of nolo contendere, the trial court found the defendant guilty of being a persistent serious felony offender under General Statutes § 53a-40 (c). The defendant claims (1) that the court improperly denied his motion to suppress an inculpatory oral statement that he provided to the police and (2) that the evidence did not support his conviction of criminal possession of a firearm. We affirm the judgment of the trial court.")

AC39309 - State v. Ellis (Motion to correct illegal sentence; "The defendant, Ricky Ellis, appeals from the judgment of the trial court, claiming that the court improperly dismissed his motion to correct an illegal sentence. We affirm the judgment of the trial court.")


Criminal Law Supreme Court Opinion

   by Booth, George

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=488

SC19536 - State v. Kallberg (Larceny third degree as accessory; conspiracy to commit larceny third degree; motion to dismiss; certification to appeal; "The defendant, Craig Kallberg, was convicted of larceny in the third degree as an accessory in violation of General Statutes §§ 53a-8 and 53a-124 (a) (2) and conspiracy to commit larceny in the third degree in violation of General Statutes §§ 53a-48 and 53a-124 (a) (2) after he unsuccessfully moved to dismiss those charges on the basis of the state's prior entry of a nolle prosequi on the same charges. The issue in this certified appeal is whether the Appellate Court properly reversed the judgment of conviction on the ground that the entry of a nolle on those charges and nolles on charges in three other cases was part of an agreement between the state and the defendant, contemplating a global disposition supported by consideration, which barred his prosecution in the present proceeding. The state contends that the Appellate Court improperly concluded that the trial court's finding that the parties intended to enter into an agreement relating to only one of the cases was clearly erroneous, or to the extent that the agreement was ambiguous, it should have been construed in the defendant's favor. State v. Kallberg, 157 Conn. App. 720, 729–30, 118 A.3d 84 (2015). We conclude that the agreement was ambiguous as to the parties' intent, and therefore must be construed in the defendant's favor as a global disposition. Accordingly, we affirm the Appellate Court's judgment."


Criminal Law Supreme and Appellate Court Opinions

   by Mazur, Catherine

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=476

SC19712 - State v. Reyes ("The defendant, Angelo Reyes, appeals from the judgments of conviction, following a jury trial, of two counts of arson in the second degree in violation of General Statutes § 53a-112 (a) (2), two counts of conspiracy to commit criminal mischief in the first degree in violation of General Statutes §§ 53a-115 (a) (1) and 53a-48 (a), and one count of conspiracy to commit burglary in the first degree in violation of General Statutes §§ 53a-101 (a) (1) and 53a-48 (a). The defendant claims that the trial court improperly (1) instructed the jury on reasonable doubt, (2) failed to bar the assistant state's attorney (prosecutor), during voir dire, from informing certain prospective jurors that reasonable doubt is something less than 100 percent certainty, and (3) limited the defendant's right to cross-examine key state witnesses. We conclude that the defendant implicitly waived his unpreserved claim of instructional impropriety under State v. Kitchens, 299 Conn. 447, 10 A.3d 942 (2011), and we reject the defendant's other claims. Accordingly, we affirm the judgments of the trial court.")

AC38027 - State v. Heath ("The state appeals and the defendant, Jamar Heath, cross appeals from the judgment of the trial court granting in part the defendant's motion to correct an illegal sentence. In its appeal, the state, in reliance on State v. Victor O., 320 Conn. 239, 128 A.3d 940 (2016) (Victor O. II), and State v. Jason B., 320 Conn. 259, 128 A.3d 937 (2016), claims that the trial court incorrectly concluded that General Statutes (Rev. to 2007) § 53a-70 (b) (3) required the court to sentence the defendant to a period of special parole for his conviction of sexual assault in the first degree. In his cross appeal, the defendant claims that the court improperly resentenced him to a total effective sentence that exceeds his original sentence. We agree with the state and, accordingly, reverse the judgment of the trial court.")

AC38025 - State v. Ruiz ("The state appeals from the judgment of the trial court granting in part the defendant's motion to correct an illegal sentence. In reliance on State v. Victor O., 320 Conn. 239, 128 A.3d 940 (2016) (Victor O. II), and State v. Jason B., 320 Conn. 259, 128 A.3d 937 (2016), the state claims that the trial court improperly held that the defendant's original sentence was illegal because it did not include a period of special parole. The defendant, Jesus Ruiz, cross appeals from the judgment of the trial court. The defendant claims that the court resentenced him to a total effective sentence that improperly exceeds his original sentence. We conclude that the defendant's original sentence was not illegal for lack of a period of special parole. Accordingly, we reverse the judgment of the trial court.")



Criminal Law Supreme and Appellate Court Opinions

   by Booth, George

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=460

SC19526 - State v. Swebilius (Possession of child pornography first degree; plea of nolo contendere; certification from Appellate Court; "In State v. Crawford, 202 Conn. 443, 521 A.2d 1034 (1987), this court held that a criminal statute of limitations will be tolled by the issuance of an arrest warrant within the statutory limitation period, as long as the warrant is executed "without unreasonable delay." Id., 451. The defendant, Jon Swebilius, was charged with possession of child pornography in the first degree in violation of General Statutes (Rev. to 2007) § 53a-196d (a) and was arrested thirty-two days after the issuance of a warrant for his arrest and thirteen days after the expiration of the applicable five year statute of limitations for that offense. The defendant moved to dismiss the charge on the ground that the prosecution was barred by the statute of limitations because, he claimed, the delay in the execution of the warrant was unreasonable. The trial court denied the motion, and the defendant appealed to the Appellate Court, which affirmed the judgment of the trial court, concluding that the delay was reasonable as a matter of law under Crawford and its progeny. State v. Swebilius, 158 Conn. App. 418, 423–28, 119 A.3d 601 (2015). We granted the defendant's petition for certification to appeal, limited to the following question: "Did the Appellate Court properly affirm the trial court's decision denying the defendant's motion to dismiss pursuant to . . . Crawford . . . ?" (Citation omitted.) State v. Swebilius, 318 Conn. 907, 122 A.3d 635 (2015). We conclude that the Appellate Court incorrectly determined that a thirty-two day delay in the execution of an arrest warrant, where the warrant was executed after the expiration of the limitation period, is reasonable as a matter of law such that the state was under no obligation to present evidence demonstrating that the delay was not objectively unreasonable and, therefore, excusable. Accordingly, we reverse the judgment of the Appellate Court with direction to remand the case to the trial court for a hearing on whether the delay in the execution of the warrant was reasonable under the circumstances.")

AC37808 - State v. Joseph R. B. (Risk of injury to child; "The defendant, Joseph R. B., appeals from the judgment of conviction, rendered after a jury trial, of one count of risk of injury to a child in violation of General Statutes (Rev. to 2011) § 53-21 (a) (1). The defendant claims that (1) the evidence adduced at trial was insufficient to support his conviction and (2) certain comments made by the prosecutor violated his fifth amendment right to remain silent. We affirm the judgment of the trial court.")


Criminal Law Supreme and Appellate Court Opinions

   by Booth, George

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=437

SC19736 - State v. Lima (Conspiracy to commit larceny third degree; motion to vacate guilty plea on ground that trial court failed to comply with requirements of statute (§ 54-1j [a]) concerning trial court's acceptance of guilty pleas; "The defendant, Evandro P. Lima, appeals from the judgment of the trial court, which denied his motion to vacate his guilty plea to one count of conspiracy to commit larceny in the third degree in violation of General Statutes §§ 53a-124 and 53a-48. The defendant claims that the trial court abused its discretion in denying that motion because, under General Statutes § 54-1j (a), the court was required but failed to ask the defendant whether he had spoken with counsel about the possible immigration consequences of pleading guilty before accepting the plea offer. We disagree with the defendant that the trial court improperly failed to inquire of the defendant whether he had consulted with counsel about the possible immigration consequences of his guilty plea because the defendant expressly acknowledged that he understood those consequences, which is all that was required for purposes of § 54-1j (a). We therefore affirm the judgment of the trial court.")

AC38381 - State v. Henderson (Robbery in first degree; attempt to escape from custody; "The defendant, Mitchell Henderson, appeals from the judgment of the trial court denying his motion to correct an illegal sentence. The defendant was sentenced to a total effective term of forty-five years imprisonment, suspended after thirty-five years, with five years probation, following his conviction of robbery in the first degree, as enhanced for being a persistent dangerous felony offender, pursuant to General Statutes (Rev. to 1991) § 53a-40 (a), and attempt to escape from custody, as enhanced for being a persistent serious felony offender, pursuant to § 53a-40 (b). On appeal, the defendant claims that the court improperly denied his motion to correct an illegal sentence because his classification as a persistent dangerous felony offender and a persistent serious felony offender, and his subsequent enhanced sentence violated the multiple punishment prohibition of the double jeopardy clause. Alternatively, he claims that punishment under both persistent offender provisions runs contrary to the legislature's intent. We affirm the judgment of the court.")

AC38248 - State v. Guaman (Assault first degree; "The defendant, Manuel A. Guaman, appeals from the judgment of conviction of assault in the first degree in violation of General Statutes § 53a-59 (a) (3), rendered following the trial court's denial of his motion to withdraw his Alford plea. On appeal, the defendant claims that the court erred when it denied his motion to withdraw his plea because his counsel at the time of his plea provided ineffective assistance when: (1) he failed to advise him of the immigration consequences of his guilty plea; and (2) he failed to advise him fully of his available options related to his plea because he was laboring under an undisclosed conflict of interest. We affirm the judgment of the trial court.")

AC36557 - State v. Jones (Violation of probation; mootness; "The defendant, Laquan Jones, appeals from the judgment of the trial court finding that he violated his probation by carrying a pistol without a permit during his probationary period. On appeal, the defendant claims that the court improperly revoked his probation because there was insufficient evidence to establish a violation during his probationary period. We conclude that this claim is moot because the defendant subsequently pleaded guilty to the conduct that served as the basis for the violation of probation, and, thus, we dismiss the appeal.")

AC37782 - State v. Chankar (Arson in first degree; criminal mischief in first degree; "The defendant, Marwan Chankar, appeals from the judgment of conviction, rendered after a jury trial, of arson in the first degree in violation of General Statutes § 53a-111 (a) (2) and criminal mischief in the first degree in violation of General Statutes § 53a-115 (a) (1). The jury found the defendant not guilty of attempt to commit murder in violation of General Statutes §§ 53a-49 (a) (2) and 53a-54a. On appeal, the defendant claims that (1) his fifth amendment and fourteenth amendment privilege against self-incrimination was violated when police officers conducted a custodial interrogation of him without advising him of his Miranda rights; (2) there was insufficient evidence presented at trial to support his conviction of arson in the first degree; and (3) the prosecutor violated his right to a fair trial by committing certain improprieties during closing argument. We affirm the judgment of the trial court.")

AC37118 - State v. Henry D. (Attempt to commit sexual assault first degree; risk of injury to child; "The defendant, Henry D., appeals from the judgment of conviction, rendered after a jury trial, of one count of attempt to commit sexual assault in the first degree in violation of General Statutes §§ 53a-49 (a) (2) and 53a-70 (a) (2) and one count of risk of injury to a child in violation of General Statutes § 53-21 (a) (2). The defendant claims that (1) the trial court abused its discretion in admitting into evidence the victim's recorded forensic interview as a prior consistent statement, and (2) the prosecutor committed an impropriety when he used a puzzle analogy in his rebuttal closing argument. We affirm the judgment of the trial court.")


Criminal Law Appellate Court Opinions

   by Booth, George

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=426

AC38215 - State v. Toro (Assault in first degree; breach of peace in first degree; "The defendant, Jose A. Toro, appeals from the judgment of conviction, rendered after a jury trial, of attempt to commit assault in the first degree in violation of General Statutes §§ 53a-59 (a) (1) and 53a-49 (a) (1), and breach of the peace in the second degree in violation of General Statutes § 53a-181 (a) (1). The defendant claims that the court abused its discretion by admitting evidence of his uncharged misconduct. The defendant, however, has not included an analysis in his main appellate brief pertaining to how this allegedly improper ruling was harmful. Consequently, we conclude that the defendant’s claim is inadequately briefed and, therefore, unreviewable. Accordingly, we affirm the judgment of the trial court.")

AC37923 - State v. Williams (Unlawful restraint in first degree; "The defendant, Charles Williams, appeals from the judgment of conviction, rendered after a jury trial, of one count of unlawful restraint in the first degree in violation of General Statutes § 53a-95. The jury found the defendant not guilty of two counts of sexual assault in the first degree in violation of General Statutes § 53a-70 (a) (1). Following the jury verdict, the defendant pleaded guilty to being a persistent serious offender in violation of General Statutes § 53a-40 (c). On appeal, the defendant claims that (1) there was insufficient evidence presented at trial to support his conviction of unlawful restraint in the first degree; (2) the trial court abused its discretion by denying his motion to reconsider his oral motion for recusal; and (3) the prosecutor violated his right to a fair trial by committed certain improprieties during closing argument. We affirm the judgment of the trial court.")

AC38366 - State v. Sinclair (Possession of narcotics with intent to sell by person who is not drug-dependent; "The defendant, Casey Sinclair, appeals from the judgment of conviction, rendered after a jury trial, of one count of possession of narcotics with intent to sell by a person who is not drug-dependent in violation of General Statutes § 21a-278 (b). The defendant claims that (1) the trial court abused its discretion by admitting into evidence testimonial hearsay in violation of his constitutional right to confrontation, (2) the prosecutor committed multiple acts of impropriety, and (3) the court abused its discretion in admitting into evidence inadmissible "guilt by association" evidence. We affirm the judgment of the trial court.")

AC38129 - State v. Perez (Motion for return of seized property; plea agreement; "The issue before us in the present appeal is whether, following the dismissal of all charges against the defendant, Julian Perez, the trial court properly denied his motion requesting the return of a revolver that the police had seized at the time of his arrest. The defendant appeals from the judgment of the court denying his second motion for the return of seized property. He claims on appeal that the court committed plain error by finding that defense counsel had agreed to forfeit the revolver as part of negotiations with the state that resulted in the dismissal of the charges.The state argues that the record simply is inadequate for review of the defendant's claim or, in the alternative, that the defendant has failed to establish that the court's decision was plain error. On the basis of the record presented, we cannot conclude that the trial court improperly denied the defendant's motion, and, accordingly, we affirm the judgment of the court.")

AC37380 - State v. McClean (Motion to correct illegal sentence; reconsideration of prior decision in light of Supreme Court decision; "Upon reconsideration, we are constrained by Delgado to conclude that the trial court properly dismissed the defendant's motion to correct an illegal sentence and that its judgment should be affirmed. See State v. Delgado, supra, 323 Conn. 801.

The trial court's dismissal of the defendant's motion to correct an illegal sentence is affirmed.")

AC37430 - State v. Williams-Bey (Motion to correct illegal sentence; reconsideration of prior decision in light of Supreme Court decision; "Upon reconsideration, we are constrained by Delgado to conclude that the trial court properly dismissed the defendant's motion to correct an illegal sentence and that its judgment should be affirmed. See State v. Delgado, supra, 323 Conn. 801.

The trial court's dismissal of the defendant's motion to correct an illegal sentence is affirmed.")


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