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 Appellate Court Opinions

by Booth, George


AC42006 - State v. Dyous (Petition to extend psychiatric commitment of acquittee to jurisdiction of Psychiatric Security Review Board; "The defendant, Anthony Dyous (acquittee), appeals from the judgment of the trial court granting the state's petition to extend his commitment to the jurisdiction of the Psychiatric Security Review Board (board) for a period of four years. On appeal, the acquittee claims that the court improperly found that, at the time of the state's petition, he was mentally ill and dangerous to himself or others. We disagree and, accordingly, affirm the judgment of the trial court.")

AC36742, AC37544 - State v. Robert H. (Risk of injury to child; corpus delicti or corroboration rule; "This risk of injury case returns to this court on remand from our Supreme Court; see State v. Robert H., 333 Conn. 172, 175, 214 A.3d 343 (2019) (Robert II); directing this court to consider fully the merits of the "corpus delicti claim" raised by the defendant, Robert H., in his direct appeal. See State v. Robert H., 168 Conn. App. 419, 422–23, 146 A.3d 995 (2016) (Robert I), rev'd, 333 Conn. 172, 214 A.3d 343 (2019). Our Supreme Court further directed this court to review the defendant's corpus delicti claim pursuant to its decision in State v. Leniart, 333 Conn. 88, 97, 215 A.3d 1104 (2019). We have considered the defendant's corpus delicti claim as directed and conclude that the judgments of conviction should be affirmed.")

AC42264 - State v. Magaraci (Assault in first degree; claim that state presented insufficient evidence to disprove defendant's theory of self-defense; credibility of witnesses; "The defendant, Anthony Magaraci, appeals from the judgment of conviction, rendered following a jury trial, of two counts of assault in the first degree in violation of General Statutes § 53a-59 (a) (1). The defendant claims that (1) the state adduced insufficient evidence to support his conviction because it had failed to disprove beyond a reasonable doubt that he acted in self-defense, and (2) the court improperly instructed the jury on self-defense. We conclude that the evidence sufficed to permit the jury, as the arbiters of the credibility of witnesses, reasonably to conclude that the defendant was the original aggressor and that he had stabbed the victims even though he could have safely retreated. We also conclude that the defendant waived any claim of instructional error. We, therefore, affirm the judgment of the trial court.")