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

 

AC42430 - State v. Bouvier (Operating motor vehicle while under influence of intoxicating liquor; reckless driving; "The defendant, Michael Bryant Bouvier, appeals from the judgment of conviction, rendered following a jury trial, of operating a motor vehicle while under the influence of alcohol in violation of General Statutes § 14-227a (a) (1) and reckless driving in violation of General Statutes § 14-222. He also appeals from the judgment of conviction, following a trial to the court on a part B information, of being a third time offender in violation of § 14-227a (g) (3). The defendant claims that the trial court improperly (1) denied his motion to suppress statements he made to the police during a post arrest interview because he allegedly had failed to voluntarily, knowingly, and intelligently waive his Miranda rights prior to responding to questioning, (2) denied his motion in limine that sought to preclude the testimony of the arresting state troopers as a sanction for one of the troopers having turned off his body microphone during the motor vehicle stop, and (3) sustained the state’s objection to questions regarding a finding made by a Department of Motor Vehicles hearing officer that no probable cause existed to arrest him. We affirm the judgment of the court.")

AC43812 - State v. Butler (Risk of injury to child; breach of peace in second degree; statutory (§ 54-56l) supervised diversionary program for persons with psychiatric disabilities; subject matter jurisdiction; "This appeal requires us to determine, as a matter of first impression, whether a criminal court has the power to open a judgment of dismissal rendered by the court after concluding that a defendant satisfactorily has completed a statutorily authorized diversionary program. Specifically, the defendant, Carlton Butler, appeals from the judgment of the trial court granting the state’s motion to open a judgment of dismissal that the court rendered following a determination that he satisfactorily had completed a two year, supervised diversionary program for persons with psychiatric disabilities in accordance with General Statutes § 54-56l. The defendant claims that the trial court lacked the power to open the judgment of dismissal once renderedand that, by doing so, it violated important liberty and finality of judgment interests. The state responds that the trial court possessed both subject matter jurisdiction and the authority to open the judgment of dismissal because the state filed its motion to open the judgment 'within four months [of rendering the judgment of dismissal] and the dismissal was predicated on a material misrepresentation made to the court.' We agree with the defendant that the court lacked the power to grant the state’s motion to open the judgment. Accordingly, we reverse the judgment of the trial court.")