The mission of the Connecticut Judicial Branch is to serve the interests of justice and the public by resolving matters brought before it in a fair, timely, efficient and open manner.

Criminal Law Supreme and Appellate Court Opinions

by Booth, George

 

SC19183 - State v. Lester (Sexual assault first degree; sexual assault fourth degree; risk of injury to child; persistent serious sexual offender; "In this case, we are asked to decide whether the trial court improperly excluded evidence of the victim’s prior sexual assault allegation and the subsequent investigation when it was offered by the defendant, Edward Lester, to show the victim’s lack of credibility and an alternative source of the victim’s advanced sexual knowledge. The defendant was charged with two counts of sexual assault in the first degree in violation of General Statutes § 53a-70 (a) (2), three counts of sexual assault in the fourth degree in violation of General Statutes § 53a-73a (a) (1) (a), and one count of risk of injury to a child in violation of General Statutes § 53-21 (a) (2), based on allegations that on multiple occasions he sexually assaulted his girlfriend’s daughter, who was eight years old at the time of the alleged conduct. During the course of the trial, the trial court granted the state’s motion in limine to exclude evidence of the victim’s prior sexual conduct, including a prior allegation of sexual abuse made by the victim, when she was five years old, against her father’s then wife. The jury found the defendant guilty on all counts and the trial court thereafter rendered judgment in accordance with the verdict. See footnote 3 of this opinion. The defendant appeals to this court, claiming that the trial court improperly excluded evidence of the prior allegation and subsequent investigation. We dismiss the defendant’s appeal as moot because the defendant has not challenged all of the trial court’s bases for its evidentiary ruling.")

AC38567 - State v. Mark (Tampering with evidence; motion for judgment of acquittal; sufficiency of evidence; "The state appeals from the judgment of the trial court setting aside the jury's verdict finding the defendant, Michael Mark, guilty of one count of tampering with evidence in violation of General Statutes (Rev. to 2010) § 53a-155 (a). The state claims that the evidence was sufficient to support the jury's verdict of guilty. We agree with the state and reverse the judgment of the trial court. ")

AC38566 - State v. Mark (Murder; felony murder; robbery in first degree; conspiracy to commit robbery in degree; double jeopardy; third party culpability; "The defendant, Michael Mark, appeals from the judgment of conviction, rendered after a jury trial, of one count each of murder in violation of General Statutes § 53a-54a (a), 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 § 53a-134 (a) (3), and conspiracy to commit robbery in violation of General Statutes §§ 53a-48 (a) and 53a-134. On appeal, the defendant claims that the trial court (1) abused its discretion by excluding evidence that supported his third party culpability defense, and (2) violated his constitutional right against double jeopardy guaranteed by the fifth and fourteenth amendments to the United States constitution and article first, §§ 8 and 9, of the constitution of Connecticut. We affirm the judgment of the trial court.")

AC36541, AC36543 - State v. Brito (Possession of narcotics with intent to sell; possession of hallucinogenic substance; motion to suppress; "In this consolidated appeal, the defendant, Edwin Brito, appeals from the judgments of conviction rendered by the trial court following his conditional pleas of nolo contendere made pursuant to General Statutes § 54-94a. In one case, the defendant pleaded guilty to one count of possession of a hallucinogenic substance in violation of General Statutes § 21a-279 (b) and, in the other case, the defendant pleaded guilty to one count of possession of a narcotic substance with intent to sell in violation of General Statutes § 21a-277 (a). The defendant entered the pleas after the court denied his two motions to suppress certain evidence that the police discovered following two warrantless searches. These searches were incident to two unrelated traffic stops involving the defendant. As he did before the trial court, the defendant challenges the constitutionality of these searches. We affirm the judgments of the trial court.")

AC37394 - State v. Mitchell (Sale of narcotic substance; sale of narcotic substance within 1500 feet of public school; "The defendant, Yuwell Mitchell, appeals from the judgment of conviction, rendered following a jury trial, on the charges of sale of a narcotic substance in violation of General Statutes § 21a-278 (b) and sale of a narcotic substance within 1500 feet of a school in violation of General Statutes § 21a-278a (b). On appeal, the defendant claims that the trial court's jury instruction to continue deliberations after the jury reported that it was unable to reach a verdict violated his right to a fair trial by coercing the jurors to reach a unanimous verdict without providing a cautionary reminder of their duties as individual jurors not to agree to a verdict unless they personally agree to it under the court's instructions as applied to the evidence before them. We affirm the judgment of the trial court.")