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Criminal Law & Procedure

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.")


Criminal Law Supreme and Appellate Court Opinions

   by Booth, George

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=411

SC19786 - State v. Donald (Assault first degree; robbery first degree; conspiracy to commit robbery first degree; carrying pistol without permit; "The defendant, Ravon Donald, challenges the trial court's denial of his motion to suppress a signed, sworn statement he made to the police in which he confessed to committing a robbery and assault at a grocery store. The defendant claims that the trial court should have granted his motion to suppress his statement because the police initially questioned him concerning his knowledge of the robbery while he was in custody before they provided Miranda warnings and then, after the warnings, proceeded to more thoroughly question him, resulting in the challenged statement. We hold that regardless of whether the trial court's denial of the motion to suppress testimony regarding the initial questioning of the defendant was error, any such error was harmless. The trial court properly denied the motion to suppress the defendant's written statement because under the specific facts of the present case there was sufficient separation between the initial questioning and the subsequent interrogation to render the Miranda warnings effective and, therefore, we affirm the judgment of the trial court.")

AC37884 - State v. Petion (Assault in first degree; "The defendant, Divenson Petion, appeals from the judgment of conviction, rendered after a jury trial, of two counts of assault in the first degree in violation of General Statutes § 53a-59 (a) (1). On appeal, the defendant claims that (1) there was insufficient evidence to support a conviction for first degree assault as to one of the two victims because the state failed to demonstrate beyond a reasonable doubt that that victim had suffered a "serious physical injury," and (2) prosecutorial improprieties during closing argument violated his right to a fair trial. We affirm the judgment of the trial court.")


Criminal Law Supreme and Appellate Court Opinions

   by Roy, Christopher

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=400

SC19688 - State v. Lee ("The sole issue in this certified appeal is whether, in light of this court’s decision in State v. Wright, 320 Conn. 781, 135 A.3d 1 (2016), the proper remedy for the defendant’s conviction of two counts of conspiracy arising from the same unlawful agreement is vacatur. The defendant, David E. Lee, was convicted of, inter alia, conspiracy to make a false statement in the second degree in violation of General Statutes §§ 53a-157b (a) and 53a-48 (a), and conspiracy to fabricate physical evidence in violation of General Statutes §§ 53a-155 (a) (2) and 53a-48 (a), arising from a single unlawful agreement. The Appellate Court held that the defendant’s conviction of both conspiracy counts on the basis of a single unlawful agreement violated the constitutional prohibition against double jeopardy and, relying on this court’s decision in State v. Chicano, 216 Conn. 699, 724–25, 584 A.2d 425 (1990), cert. denied, 501 U.S. 1254, 111 S. Ct. 2898, 115 L. Ed. 2d 1062 (1991), remanded the case to the trial court with direction to merge the conspiracy to make a false statement in the second degree conviction into the conspiracy to fabricate physical evidence conviction, to vacate the sentence on the conviction of conspiracy to make a false statement in the second degree, and to resentence the defendant. State v. Lee, 138 Conn. App. 420, 450, 454, 52 A.3d 736 (2012). While the defendant’s petition for certification to appeal was pending before this court, we held in State v. Wright, supra, 828–30, that the proper remedy when a defendant is convicted of two counts of conspiracy arising from the same unlawful agreement in violation of double jeopardy is vacatur rather than merger. Both the defendant and the state now claim that pursuant to Wright, the defendant is entitled to have his conspiracy to make a false statement in the second degree conviction vacated. We agree.")

AC37724 - State v. Navarro ("The defendant, Francisco Navarro, appeals from the judgment of conviction, rendered after a jury trial, of attempt to commit burglary in the first degree in violation of General Statutes §§ 53a-49 and 53a-101 (a) (3), threatening in the second degree in violation of General Statutes § 53a-62, and interfering with a police officer in violation of General Statutes § 53a-167a. The defendant’s identical twin brother, Jose Navarro (Jose), was charged with, and convicted of, the same offenses as the defendant and, in addition, with assault on a police officer, after the joint trial at which they were jointly represented by defense counsel. On appeal, the defendant claims that (1) the court violated his sixth amendment right to conflict free representation by conducting an inadequate inquiry into whether a conflict of interest had arisen in the joint representation and (2) counsel rendered ineffective assistance by representing him during plea negotiations, trial, and sentencing while burdened by an actual conflict of interest. We affirm the judgment of the trial court.")

AC37725 - State v. Navarro ("The defendant, Jose Navarro, appeals from the judgment of conviction, rendered after a jury trial, of attempt to commit burglary in the first degree in violation of General Statutes §§ 53a-49 and 53a-101 (a) (3), threatening in the second degree in violation of General Statutes § 53a-62, interfering with a police officer in violation of General Statutes § 53a-167a, and assault on a police officer in violation of General Statutes § 167c (a) (5). The defendant’s identical twin brother, Francisco Navarro (Francisco), was charged with, and convicted of, the same offenses as the defendant, with the exception of the assault on a police officer offense, after the joint trial at which they were jointly represented by defense counsel. On appeal, the defendant claims that (1) the court violated his sixth amendment right to conflict free representation by denying counsel’s request to appoint a special public defender to represent him and (2) counsel rendered ineffective assistance by representing him at trial and sentencing while burdened by an actual conflict of interest. We affirm the judgment of the trial court.")

AC39377 - State v. Crenshaw ("The defendant, Darryl Crenshaw, appeals from the judgment of the trial court resentencing him to a total effective sentence of seventy-eight years imprisonment, on remand from the judgment of the Supreme Court, which had reversed, in part, his conviction of kidnapping in the second degree in violation of General Statutes § 53a-94 (a). On appeal, the defendant claims that the court improperly resentenced him under the aggregate package theory, violating his right to due process of law. Specifically, the defendant argues that because the trial court did not explicitly state on the record at the original sentencing that it was sentencing the defendant under the aggregate package theory, or words to that effect, it violated the defendant’s right to due process for the court to adopt the aggregate package theory during resentencing. We disagree, and, therefore, we affirm the judgment of the trial court.")

AC37810 - State v. Caballero ("The defendant, Elvin R. Caballero, appeals from the judgment of conviction, rendered after a jury trial, of one count of conspiracy to commit larceny in the third degree in violation of General Statutes §§ 53a-48 and 53a-124, one count of larceny in the third degree as an accessory in violation of General Statutes §§ 53a-8 and 53a-124, and nine counts of forgery in the first degree in violation of General Statutes § 53a-138 (a) (1). The defendant contends that the court abused its discretion in failing to grant his motion for a bill of particulars, which left him without adequate notice that he was facing conviction under subdivision (3) of § 53a-124 (a) as to the counts of conspiracy to commit larceny in the third degree and larceny in the third degree as an accessory, and thereby deprived him of his constitutional rights. 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=392

SC19375 - State v. Chyung (Murder; manslaughter first degree with firearm; "The primary issue that we must decide in this appeal is whether the trial court properly denied the defendant's motion for a judgment of acquittal and for a new trial after the jury rendered legally inconsistent guilty verdicts on charges of murder and of manslaughter in the first degree with a firearm. The state charged the defendant, Chihan Eric Chyung, with murder in violation of General Statutes § 53a-54a and manslaughter in the first degree with a firearm in violation of General Statutes § 53a-55a (a) in connection with the shooting death of his wife, Paige Chyung (victim). After a trial, the jury rendered verdicts of guilty on both charges. Thereafter, the defendant filed a motion for judgment of acquittal and for a new trial contending that the verdicts were legally inconsistent because, to convict the defendant of murder, the jury had to find that he had a specific intent to kill the victim, whereas, to convict him of manslaughter in the first degree, the jury was required to find that he acted recklessly. The trial court denied the motion on the ground that the defendant had waived the claim by failing to request a jury instruction that he could not be convicted of both charges. The trial court also concluded, however, that the verdict of guilty on the manslaughter charge must be vacated pursuant to case law holding that, when a defendant is convicted of both a greater offense and a lesser included offense, thereby violating constitutional double jeopardy principles, the proper remedy is to vacate the conviction on the lesser included offense. After vacating the guilty verdict of manslaughter in the first degree with a firearm, the trial court sentenced the defendant to forty years imprisonment on the murder charge. This appeal followed. We conclude that the trial court improperly determined that the defendant had waived the claim that the guilty verdicts on the charges of murder and manslaughter in the first degree with a firearm were legally inconsistent by failing to request a jury instruction on the issue. Rather, we conclude that legally inconsistent verdicts involve jury error that may be raised for the first time after the verdicts have been returned or on appeal. Because we conclude that the verdicts were legally inconsistent, and because there is no way for the trial court or this court to know which charge the jury found to be supported by the evidence, neither verdict can stand. Accordingly, we conclude that both guilty verdicts must be vacated and the case must be remanded to the trial court for a new trial.")

SC19492 - State v. Bush (Sale of narcotics by drug-dependent person; sale of narcotics within 1500 feet of school by drug dependent person; conspiracy to sell narcotics; racketeering; "This certified appeal presents two significant issues, namely: (1) whether a court, in determining if sufficient evidence of an enterprise exists to sustain a conviction of racketeering in violation of the Corrupt Organization and Racketeering Activity Act (CORA), General Statutes § 53-393 et seq., may consider the entire record, or is limited to the evidence concerning only those predicate "incidents of racketeering activity" found by the jury in the special verdict required by General Statutes § 53-396 (b); and (2) the degree to which a trial court has discretion to deny a motion for a continuance filed by a criminal defendant that seeks time to prepare for trial after that defendant had elected, pursuant to Faretta v. California, 422 U.S. 806, 95 S. Ct. 2525, 45 L. Ed. 2d 562 (1975), to discharge his attorney and proceed as a self-represented party. The state appeals, upon our grant of its petition for certification, from the judgment of the Appellate Court reversing the judgment of the trial court, rendered after a jury trial, convicting the defendant, Richard Bush, of six counts of the sale of narcotics by a person who is drug-dependent in violation of General Statutes § 21a-277 (a), six counts of sale of narcotics within 1500 feet of a school by a person who is drug-dependent in violation of General Statutes §§ 21a-277 and 21a-278a (b), one count of conspiracy to sell narcotics in violation of General Statutes §§ 53a-48 and 21a-278 (b), and one count of racketeering in violation of General Statutes § 53-395 (c). State v. Bush, 156 Conn. App. 256, 258–59, 112 A.3d 834 (2015). On appeal, the state claims that the Appellate Court improperly concluded that: (1) the defendant was entitled to a judgment of acquittal with respect to the racketeering conviction because the two predicate acts of racketeering, identified by the jury pursuant to § 53-396 (b), did not constitute sufficient evidence of an enterprise; and (2) a new trial was required for the remaining offenses because the denial of a continuance effectively deprived the defendant of his right of self-representation. With respect to the racketeering conviction, we conclude that the Appellate Court improperly circumscribed its sufficiency of the evidence analysis by limiting it to the two predicate acts, but nevertheless properly determined that there was insufficient evidence to support the racketeering conviction. With respect to the other convictions, we conclude that the Appellate Court improperly determined that the denial of a continuance effectively deprived the defendant of his right of self-representation. Accordingly, we affirm in part and reverse in part the judgment of the Appellate Court.")

AC37867 - State v. Morales (Intentional manslaughter in first degree with firearm; criminal possession of firearm; "The defendant, Angel Morales, appeals from the judgment of conviction, rendered after a jury trial, of intentional manslaughter in the first degree with a firearm in violation of General Statutes § 53a-55a (a) and criminal possession of a firearm in violation of General Statutes § 53a-217 (a) (1) (criminal possession). On appeal, the defendant claims that the trial court erred (1) by denying his motion to bifurcate the elements of criminal possession or to sever the murder charges brought against him from the criminal possession charge; (2) in instructing the jury on combat by agreement; and (3) in refusing to instruct the jury on the common-law defense of necessity. We affirm the judgment of the trial court.")

AC37285 - Turner v. State (Petition for new trial; "The petitioner, Corey Turner, appeals from the judgment of the trial court denying on statute of limitations grounds his petition for a new trial filed pursuant to General Statutes § 52-270. The petitioner concedes that he filed his petition outside of the three year limitations period set forth in General Statutes § 52-582. Instead, he claims that the trial court improperly failed to exercise its equitable power to toll the statute of limitations, thereby unfairly denying him access to a remedy. We conclude that the petitioner's failure to comply with § 52-582 deprived the court of jurisdiction to consider the petition. Because the court should have dismissed the untimely petition, rather than having denied it, we reverse the judgment of the trial court only as to the form of the judgment and remand with direction to dismiss the petition for new trial.")


Criminal Law Appellate Court Opinions

   by Booth, George

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=379

AC38326 - State v. Morel (Larceny in first degree; conspiracy to commit larceny in first degree; "The defendant, Tomas Morel, appeals from the judgment of conviction rendered by the trial court, following a jury trial, of two counts of larceny in the first degree in violation of General Statutes § 53a-122, and one count of conspiracy to commit larceny in the first degree in violation of General Statutes §§ 53a-48 and 53a-122. The defendant claims that (1) the evidence did not support the jury's finding with respect to two of the three crimes of which he was convicted and (2) the court improperly permitted the state to present uncharged misconduct evidence. We affirm the judgment of the trial court.")

AC38433 - State v. Linder (Assault in third degree; strangulation in second degree; self-defense; sufficiency of evidence; "The defendant, William Linder, appeals from the judgment of conviction, rendered after a jury trial, of assault in the third degree in violation of General Statutes § 53a-61 (a) (1) and strangulation in the second degree in violation of General Statutes § 53a-64bb (a). On appeal, the defendant claims that there was insufficient evidence for the jury to find beyond a reasonable doubt that (1) the defendant was guilty of assault in the third degree and strangulation in the second degree, and (2) the state disproved the defendant's self-defense claim. We affirm the judgment of the trial court.")

AC37630 - State v. Ovesen (Motion to correct illegal sentence; "The defendant, Ronnie Ovesen, appeals from the trial court's judgment granting his motion to correct an illegal sentence.The defendant had been convicted of one count of sexual assault in the first degree in violation of General Statutes (Rev. to 2008) § 53a-70 (a) (1) and one count of strangulation in the second degree in violation of General Statutes § 53a-64bb. On appeal, the defendant argues that, upon granting his motion and resentencing him, the court imposed an illegal sentence. We reverse the judgment of the trial court and remand the case with direction to reinstate the defendant's original sentence.")


Criminal Law Supreme Court Opinion

   by Booth, George

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=375

SC19735 - State v. Edwards (Home invasion; robbery first degree; assault of elderly person third degree; larceny second degree; "The defendant, Eugene Edwards, Jr., appeals from the judgment of the trial court convicting him of home invasion in violation of General Statutes § 53a-100aa (a) (2), robbery in the first degree in violation of General Statutes § 53a-134 (a) (2), larceny in the second degree in violation of General Statutes § 53a-123 (a) (3), and assault of an elderly person in the third degree in violation of General Statutes § 53a-61a (a) (1) arising out of an incident in Wethersfield. On appeal to this court, the defendant asserts that: (1) the trial court improperly denied his motion to suppress certain statements that he had made to police; (2) the trial court abused its discretion when it allowed a police officer to present nonexpert testimony regarding cell phone records and maps; and (3) the evidence was insufficient to support his convictions. We agree with the defendant that the trial court improperly allowed the police officer to present certain testimony regarding the cell phone records and maps, but find such error was harmless. We disagree with the defendant's other claims and, accordingly, 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=363

AC37613 - State v. Killiebrew (Arson; "The defendant, Issiah Killiebrew, appeals from the judgment of conviction, rendered after a jury trial, of one count of arson in the first degree in violation of General Statutes § 53a-111 (a) (1). The court further found the defendant guilty of violating his probation. On appeal, the defendant claims that the trial court erred (1) by not canvassing him concerning his right to counsel and right to self-representation after he clearly and unequivocally invoked his right to self-representation and (2) if his invocation of his right to self-representation was not clear and unequivocal, by not canvassing him concerning whether he wanted to invoke his right to self-representation. We affirm the judgment of the trial court.")

AC37649 - State v. Cervantes (Sexual assault in first degree; home invasion; custodial interrogation; "Following a conditional plea of nolo contendere, entered pursuant to General Statutes § 54-94a, the defendant, Marcelo Cervantes, appeals from the judgment of conviction of sexual assault in the first degree in violation of General Statutes § 53a-70 (a) (1) and home invasion in violation of General Statutes § 53a-100aa (a) (1). The defendant entered his conditional plea following the court's denial of his motion to suppress certain oral statements that he made to members of the Hamden Police Department. He made the statements during, what he claims to have been, a custodial interrogation inside of a police vehicle, without the benefit of having been advised of his constitutional rights under Miranda v. Arizona, 384 U.S. 436, 478–79, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966). The state argued, and the trial court agreed, that the challenged statements should not be suppressed because, although the defendant, concededly, was interrogated in the vehicle by the police before he made such statements, he was not in custody at that time for purposes of Miranda. On appeal, the defendant claims that the court erred in denying his motion to suppress. We affirm the judgment of the trial court.")

AC38309 - State v. Bonds (Felony murder; robbery in first degree; conspiracy to commit robbery in second degree; "The defendant, Darryl Bonds, appeals from the judgment of conviction, rendered after a jury trial, of one count of felony murder in violation of General Statutes § 53a-54c, one count of robbery in the first degree in violation of General Statutes § 53a-134 (a) (2), and one count of conspiracy to commit robbery in the second degree in violation of General Statutes §§ 53a-48 (a) and 53a-135. On appeal, the defendant claims that the trial court improperly (1) admitted two separate out-of-court statements under our hearsay exception for statements against penal interest, (2) admitted an out-of-court statement made by the defendant that was not properly authenticated, and (3) denied the defendant's request to instruct the jury on an affirmative defense to felony murder. We affirm the judgment of the trial court.")


Law by Subject: Pardons and Paroles

   by Roy, Christopher

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=362

Our Law by Subject web pages bring together links to statutes, rules, regulations, research reports, and other online materials. Our Law about Pardons and Paroles page has been updated to include a recent Office of Legislative Research report (Inmate Sentence Reduction Methods), Department of Correction Administrative Directives, and recent regulations.


Criminal Law Supreme and Appellate Court Opinions

   by Booth, George

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=352

SC19759 - State v. Milner (Criminal trespass; interfering with officer; disorderly conduct; motion for disqualification of judicial authority pursuant to rule of practice (§ 1-23); "Following an incident at Saint Francis Hospital and Medical Center in Hartford, the defendant, Mack Milner, was convicted of one count of interfering with an officer in violation of General Statutes § 53a-167a (a), one count of criminal trespass in the first degree in violation of General Statutes § 53a-107 (a) (1), and two counts of disorderly conduct in violation of General Statutes § 53a-182 (a) (2) and (3). The issue before this court is whether the judge who presided over the criminal trial abused his discretion in denying the defendant's oral motion for disqualification following the judge's disclosure that he previously had been employed by the hospital. We conclude that the limited facts in the record provide no basis to conclude that the trial court abused its discretion.")

AC38788 - State v. Martinez (Felony murder; robbery in first degree, conspiracy to commit robbery in first degree; tampering with evidence; "The defendant, Johnny Martinez, appeals from the judgment of conviction rendered by the trial court, following a jury trial, of felony murder in violation of General Statutes § 53a-54c, robbery in the first degree in violation of General Statutes § 53a-134 (a) (1), robbery in the first degree in violation of General Statutes § 53a-134 (a) (3), conspiracy to commit robbery in the first degree in violation of General Statutes §§ 53a-48 (a) and 53a-134 (a), and tampering with evidence in violation of General Statutes (Rev. to 2010) § 53a-155 (a) (1). The defendant claims that the court (1) violated his right to present a defense by prohibiting him from presenting evidence concerning an altercation that took place in the hours prior to the events at issue, (2) violated his right to cross-examination by limiting the scope of his cross-examination of a state's witness, (3) improperly instructed the jury with respect to accessorial liability in the course of its instructions concerning the murder count, (4) improperly failed to comply with the jury's request to have certain testimony played back, and (5) improperly denied his request to suppress a written statement that he provided to the police. We dismiss the appeal with respect to the third claim, and with respect to the remainder of the appeal, we affirm the judgment of the trial court.")

AC36834 - State v. Day (Assault of elderly person in first degree; attempt to commit robbery in first degree; criminal possession of firearm; "The defendant, Robert Day, appeals from the judgment of conviction that was rendered against him after a bifurcated trial in the judicial district of Waterbury upon the verdict of a jury finding him guilty of assault of an elderly person in the first degree in violation of General Statutes § 53a-59a (a) (1), and attempt to commit robbery in the first degree in violation of General Statutes §§ 53a-49 (a) (2) and 53a-134 (a) (2), and the separate decision of the trial court finding him guilty of criminal possession of a firearm in violation of General Statutes § 53a-217 (a) (1). The defendant's principal claims on appeal concern the state’s use against him in that trial of eyewitness identification testimony from the two victims of the charged offenses, both of whom identified him as the perpetrator.

The defendant first claims that the court violated his state and federal constitutional rights not to be deprived of his liberty without due process of law by denying his pretrial motions to suppress the victims' out-of-court and in-court identifications of him as the perpetrator of the charged offenses. He argues that the challenged identifications should have been suppressed as the unreliable products of unnecessarily suggestive pretrial identification procedures which were used by the state to obtain and reinforce those identifications. Although we agree with the defendant that the procedures by which the state obtained and later bolstered the victims' confidence in their challenged identifications were unnecessarily suggestive, we conclude that such identifications were not rendered so unreliable by those suggestive procedures as to make them constitutionally inadmissible at trial. We therefore conclude that the court did not err by denying the defendant's pretrial motions to suppress such identifications.

The defendant also claims, however, that even if the challenged identifications were properly admitted against him at trial, the court committed two other errors that materially affected the jury's ability to make a proper assessment of the reliability of such identifications when conducting its deliberations. First, he claims that the court erred by precluding expert testimony from Dr. Steven Penrod, a qualified expert witness on the subject of eyewitness identification, as to certain aspects of the photographic identification procedures that were used to obtain the victims' identifications of the defendant in this case that are well known by scientific researchers to decrease the reliability of eyewitness identifications resulting from their use. Second, he claims that the court erred by failing to instruct the jury, in accordance with his timely request to charge, that it could properly consider those reliability factors and several others about which Penrod did testify before the jury as scientifically valid bases for questioning the reliability of the victims' identification testimony in this case. Although we agree with the defendant that the court erred in precluding his expert from testifying as to the tendency of certain aspects of the identification procedures used in this case to produce unreliable eyewitness identifications, we cannot conclude that the limited preclusion of such testimony substantially affected the jury's verdict. We reject the defendant's claim that the court erred by failing to instruct the jury on the subject of eyewitness identifications in accordance with his request to charge. Accordingly, 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=343

AC38758 - State v. Snowden (Murder; criminal possession of pistol or revolver; reviewability of claim; joinder; "The defendant, Maurice Snowden, appeals from the judgment of conviction, rendered after a jury trial, of murder in violation of General Statutes § 53a-54a and criminal possession of a pistol or revolver in violation of General Statutes (Rev. to 2011) § 53a-217c (a) (1) (criminal possession). On appeal, the defendant claims that (1) the trial court erred in permitting joinder of one information charging murder with a second information charging a separate instance of criminal possession; and (2) this court should adopt a "clear failure of judicial obligation" standard for conducting a harmless error analysis under the facts of this case. 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=338

SC19532 - State v. McClean (Murder; assault first degree; carrying pistol without permit; "The principal issue in this certified appeal is whether an implied waiver of a claim of instructional error pursuant to State v. Kitchens, 299 Conn. 447, 482–83, 10 A.3d 942 (2011), precludes review of that claim under the plain error doctrine. The defendant, Tajah McClain, appeals, upon our grant of his petition for certification, from the judgment of the Appellate Court affirming the judgment of conviction, rendered after a jury trial, of, inter alia, murder with a firearm in violation of General Statutes §§ 53a-54a and 53-202k. See State v. McClain, 154 Conn. App. 281, 283, 105 A.3d 924 (2014). On appeal, the defendant contends that the Appellate Court improperly determined that a Kitchens waiver precluded plain error review of his claim of instructional error because the implied acquiescence of counsel cannot waive an error of such magnitude. Further, the defendant claims that the trial court's failure to instruct the jury on consciousness of guilt resulted in manifest injustice necessitating reversal under the plain error doctrine. Although we agree with the defendant that a Kitchens waiver does not necessarily foreclose plain error review of that same claim, we conclude that the trial court's decision not to instruct the jury on consciousness of guilt in the present case was not plain error. Accordingly, 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=332

SC19511 - State v. Davis (Carrying pistol without permit; unlawful possession of weapon in vehicle; "In this certified appeal, the state appeals from the judgment of the Appellate Court, which reversed in part the judgment of the trial court convicting the defendant, John William Davis, Jr., of, inter alia, carrying a pistol without a permit in violation of General Statutes § 29-35 (a) and unlawful possession of a weapon in a vehicle in violation of General Statutes (Rev. to 2011) § 29-38 (a). State v. Davis, 156 Conn. App. 175, 195, 111 A.3d 567 (2015). The state contends that the Appellate Court improperly concluded that the evidence presented at trial was insufficient to support the defendant's conviction of those offenses because the state failed to offer direct evidence to prove that the defendant lacked a temporary state pistol permit issued by a town in the first instance. Id., 180–81. We agree and, accordingly, reverse in part the judgment of the Appellate Court.")

AC37913 - State v. Berthiaume (Burglary first degree; "The defendant, Toby Arthur Berthiaume, appeals from the judgment of conviction, rendered after a jury trial, of burglary in the first degree in violation of General Statutes § 53a-101 (a) (2). On appeal, the defendant claims (1) there was insufficient evidence to convict him of burglary in the first degree, and (2) even if there were sufficient evidence to sustain his conviction, the trial court committed plain error by failing to exclude evidence of an eyewitness identification of the defendant. Unpersuaded by either claim, we affirm the judgment of the trial court.")

AC38397 - State v. Ames (Murder; "The defendant, Mary J. Ames, appeals from the judgment of conviction, rendered after a trial before a three judge court, of murder in violation of General Statutes § 53a-54a. On appeal, the defendant claims that the court improperly (1) concluded that she failed to prove her affirmative defense of extreme emotional disturbance by a fair preponderance of the evidence, (2) concluded that the state had disproven her self-defense claim beyond a reasonable doubt, (3) concluded that the state had established that she possessed the specific intent to cause the victim's death beyond a reasonable doubt, and (4) interrupted and questioned counsel during the parties' closing arguments in violation of her right to the assistance of counsel. We affirm the judgment of the court.")

AC39616 - State v. Carlos P. (Sexual assault in first degree; attempt to commit sexual assault in first degree; risk of injury to child; sexual assault in fourth degree; double jeopardy; "The defendant, Carlos P., appeals from the judgment of conviction, rendered after a trial to the jury, of one count of sexual assault in the first degree in violation of General Statutes § 53a-70 (a) (2), one count of attempted sexual assault in the first degree in violation of General Statutes §§ 53a-49 and 53a-70 (a) (2), risk of injury to a child in violation of General Statutes § 53-21 (a) (2), and one count of sexual assault in the fourth degree in violation of General Statutes § 53a-73a (a) (1) (A). On appeal, the defendant claims that (1) his convictions of sexual assault in the first degree and attempt to commit sexual assault in the first degree violate the constitutional prohibition against double jeopardy, (2) his convictions of sexual assault in the first degree and sexual assault in the fourth degree violate the constitutional prohibition against double jeopardy, (3) the court erred by rejecting his Batson challenge, and (4) the court abused its discretion by failing to disclose all of the psychiatric and medical records of the state's key witness. We reverse, in part, and affirm, in part, the judgment of the trial court.")


Criminal Law Supreme Court Opinions

   by Booth, George

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=329

SC18862 - State v. Bennett (Murder; "The defendant, Erick Bennett, directly appeals to this court following his conviction of murder in violation of General Statutes (Rev. to 2009) § 53a-54a. The defendant claims that there were numerous defects in his trial, the principal of which was that the trial court violated his constitutional right to present a defense by improperly refusing either to issue a summons to secure the attendance of a material witness in support of a theory of third-party culpability, or to allow the defendant to introduce that witness' statement to the police in lieu of her live testimony. We conclude that defense counsel's failure to locate the out-of-state witness with any reasonable degree of certainty precludes relief regarding the issuance of a summons for the witness and that none of the defendant's remaining claims warrant reversal of the trial court's judgment of conviction.")

SC19559 - State v. Marrero-Alejandro (Murder; "After examining the entire record on appeal and considering the briefs and oral arguments of the parties, we have determined that the appeal in this case should be dismissed on the ground that certification was improvidently granted.

The appeal is dismissed.")


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