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

 

AC41403 - State v. Chester J. (Sexual assault in second degree; sexual assault in third degree; sexual assault in fourth degree; risk of injury to child; "The defendant, Chester J., appeals from the judgment of conviction, rendered against him following a jury trial, of one count each of sexual assault in the second degree in violation of General Statutes § 53a-71 (a) (1), sexual assault in the second degree in violation of § 53a-71 (a) (4), sexual assault in the third degree in violation of General Statutes § 53a-72a (a) (2), sexual assault in the fourth degree in violation of General Statutes § 53a-73a (a) (1) (A), and risk of injury to a child in violation of General Statutes § 53-21 (a) (2). On appeal, the defendant claims that (1) the trial court improperly denied his challenge to the jury panel on the grounds that (A) the panel did not reflect a fair cross section of the community in violation of the sixth amendment to the United States constitution and (B) the process by which the panel was summoned violated his right to equal protection under the fourteenth amendment to the United States constitution, (2) pursuant to our supervisory authority, this court should require the collection and/or maintenance of a jury panel's demographic data, and (3) the trial court erred in barring the defense from inquiring about certain Probate Court matters related to the victim's bias or motive in asserting the underlying allegations against the defendant.

While the defendant's appeal was pending, our Supreme Court issued its decision in State v. Moore, 334 Conn. 275, 278, 221 A.3d 40 (2019). On the basis of that decision, this court ordered the parties to file simultaneous supplemental briefs addressing the impact of Moore on this appeal. After the parties submitted their supplemental briefs, this court heard oral argument. We affirm the judgment of the trial court.")

AC43351 - State v. Siler (Possession of narcotics with intent to sell; criminal possession of firearm; "The defendant, George Siler, appeals from the judgment of conviction rendered following a conditional plea of nolo contendere to two counts of criminal possession of a firearm in violation of General Statutes § 53a-217 (a), and to violating the state dependency producing drug laws; see General Statutes § 21a-277 (a); for possession of narcotics with intent to sell. On appeal, the defendant claims that the trial court improperly denied his motion to suppress certain evidence seized from his residence. We affirm the judgment of the trial court.")

AC43622 - State v. Oscar H. (Murder; attempt to commit murder; assault in first degree; risk of injury to child; "The defendant, Oscar H., appeals from the judgment of conviction, rendered following a jury trial, of murder in violation of General Statutes § 53a-54a (a), attempt to commit murder in violation of General Statutes §§ 53a-49 and 53a-54a (a), assault in the first degree in violation of General Statutes § 53a-59 (a) (1), and risk of injury to a child in violation of General Statutes § 53-21 (a) (1). The defendant claims that (1) the trial court improperly determined that the surviving assault victim, B, was unavailable to testify at trial and, on the basis of that determination, admitted B's prior deposition testimony into evidence in violation of our rules of evidence and his constitutional rights to confrontation and due process, and (2) his conviction of both attempted murder and assault in the first degree violated the constitutional prohibition against double jeopardy because each crime was predicated on the same act and against the same victim, B. We disagree with both claims and, accordingly, affirm the judgment of the court.")