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

 

AC43352 - State v. Cusson (Cruelty to persons; disorderly conduct; competency; "The defendant, Mark Cusson, appeals from the judgment of conviction, rendered after a jury trial, of three counts of cruelty to persons in violation of General Statutes § 53-20 (a) (1), and five counts of disorderly conduct in violation of General Statutes § 53a-182 (a) (2). On appeal, the defendant claims that (1) the trial court violated his sixth amendment right to present a defense by failing to take adequate procedural measures before ruling that the victim was incompetent to testify, (2) the trial court violated his due process right to offer witness testimony by failing to sanction the prosecution for intimidating potential defense witnesses from testifying at trial, and (3) the state engaged in prosecutorial impropriety by alerting the trial court as to potential fifth amendment concerns with a defense witness' expected testimony during a pretrial hearing, effectively precluding the witness from testifying and denying the defendant his due process right to a fair trial. We affirm the judgment of the trial court.")

AC43302 - State v. Prudhomme (Assault in first degree; cruelty to persons; tampering with physical evidence; "The defendant, Kristopher Joseph Prudhomme, appeals from the judgment of conviction, rendered after a jury trial, of charges of assault in the first degree in violation of General Statutes § 53a-59 (a) (3), cruelty to persons in violation of General Statutes § 53-20 (a) (1), and tampering with evidence in violation of General Statutes § 53a-155. On appeal, the defendant claims that the trial court improperly (1) failed to instruct the jury that it properly could consider evidence of inadequacies in the police investigation that led to his arrest and prosecution as a basis for discrediting the state's evidence against him and entertaining reasonable doubt as to his guilt, (2) admitted into evidence, over his objection, a police disciplinary report containing hearsay statements from nontestifying police officers that tended to undermine his theory of defense, and (3) denied his motion for a new trial pursuant to his claim that the jury's verdict was against the manifest weight of the evidence. We agree with the defendant's first claim of error, and accordingly, on that basis, reverse the judgment of conviction of all charges and remand this case for a new trial thereon. We also agree with the defendant's second claim of error, which we have reviewed because it is likely to arise again at retrial. We do not reach the defendant's third claim of error because it is unnecessary for the ultimate disposition of this appeal.")

AC42674 - State v. Jones (Possession of narcotics with intent to sell; criminal possession of pistol; carrying pistol without permit; ''The defendant, Theodore Jones, appeals from the judgment of conviction, rendered after a jury trial, of possession of narcotics with intent to sell in violation of General Statutes § 21a-278 (b), criminal possession of a pistol in violation of General Statutes § 53a-217c (a) (1), and carrying a pistol without a permit in violation of General Statutes § 29-35. On appeal, the defendant claims that (1) there was insufficient evidence to support his conviction of criminal possession of a pistol (handgun or firearm), (2) there was insufficient evidence to support his conviction of carrying a pistol without a permit, (3) the court committed plain error with respect to its jury instructions concerning criminal possession of a pistol, and (4) the court erred by allowing impermissible opinion testimony regarding his intent to sell narcotics. We affirm the judgment of the trial court.")