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 Townsend, Karen

 

AC46008 - State v. Giannone (Sale of an assault weapon in violation of General Statutes § 53-202b (a) (1); possession of a silencer in violation of General Statutes § 53a-211; possession of a large capacity magazine in violation of General Statutes § 53-202w (c); “On appeal, the defendant claims that the court improperly denied his motion to dismiss the charges against him and his motion to suppress evidence seized by the police because the statutes under which he was convicted violate his right to bear arms under the second amendment to the United States constitution. In light of the United States Supreme Court’s recent decision in New York State Rifle & Pistol Assn., Inc. v. Bruen, 597 U.S. 1, 142 S. Ct. 2111, 213 L. Ed. 2d 387 (2022), which was issued after the trial court denied the defendant’s motions but prior to his sentencing, we conclude that the judgments of the trial court must be reversed and the cases remanded for an evidentiary hearing on the defendant’s motions. In addition, we provide guidance to the trial court regarding how it should analyze the claims raised in the defendant’s motions under Bruen.”)

AC46501 - State v. Shane K. (Assault in the third degree; two counts of criminal violation of a protective; motion to dismiss or transfer for improper venue; “On appeal, the defendant claims that the trial court improperly (1) denied his motion to dismiss or, in the alternative, to transfer the case for improper venue, asserting that the court incorrectly (a) concluded that the state constitution does not require a criminal defendant to be tried in the judicial district where the charged offense occurred and (b) applied General Statutes § 51-352c (a) and (b), and (2) failed to instruct the jury on venue. We affirm the judgment of the trial court.”)