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 Supreme and Appellate Court Opinions

by Booth, George


SC19678 - State v. Urbanowski (Assault second degree; breach of peace second degree; strangulation second degree; threatening second degree; certification from Appellate Court; "After examining the entire record on appeal and considering the briefs and oral arguments of the parties before this court, we have determined that the judgment of the Appellate Court should be affirmed. We do not consider whether the Appellate Court properly concluded that the trial court had abused its discretion in admitting the uncharged misconduct evidence because we agree that any such error would be harmless for the reasons given by the Appellate Court. Because the Appellate Court's well reasoned opinion fully addresses the certified question, it would serve no purpose for us to repeat the discussion contained therein. We therefore adopt the Appellate Court's opinion as the proper statement of the issue of harmlessness and the applicable law concerning that issue. See, e.g., Recall Total Information Management, Inc. v. Federal Ins. Co., 317 Conn. 46, 51, 115 A.3d 458 (2015)

The judgment of the Appellate Court is affirmed.")

AC39878 - State v. Eddie N. C. (Risk of injury to child; sexual assault in first degree; "The defendant, Eddie N. C., appeals from the judgment of conviction, rendered after a jury trial, of three counts of sexual assault in the first degree in violation of General Statutes § 53a-70 (a) (2); three counts of risk of injury to a child in violation of General Statutes § 53-21 (a) (2); and one count of risk of injury to a child in violation of General Statutes § 53-21 (a) (1). The defendant claims that the trial court improperly admitted (1) prior misconduct testimony, (2) statements made by the victim, A, to her mother, treating physicians, and a social worker under the medical diagnosis and treatment exception to the hearsay rule, and (3) opinion evidence regarding the ultimate issue of whether A had been sexually assaulted, which the defendant claims constitutes plain error. We disagree and, accordingly, affirm the judgment of the trial court.")

AC36250 - State v. Bialowas (Manslaughter in second degree; evasion of responsibility in operation of motor vehicle in violation of statute ([Rev. to 2009] § 14-224 [a]); "The defendant was convicted of manslaughter in the second degree in violation of General Statutes § 53a-56 and evasion of responsibility in the operation of a motor vehicle in violation of General Statutes (Rev. to 2009) § 14-224 (a). He was sentenced to twenty years of imprisonment, execution suspended after fifteen years, followed by five years of probation. He appealed, claiming that the trial court committed plain error by failing to instruct the jury that a defendant's reasonable fear of harm from the victim would be a defense to the charge of failing to stop and render assistance under § 14-224 (a). This court affirmed the defendant's conviction, holding that he had waived his challenge to the evasion of responsibility jury instruction under State v. Kitchens, 299 Conn. 447, 10 A.3d 942 (2016). See State v. Bialowas, 160 Conn. App. 417, 125 A.3d 642 (2015), remanded, 325 Conn. 917, 163 A.3d 1204 (2017). The defendant filed a petition for certification to the Supreme Court, arguing that this court improperly failed to conduct a plain error review of his claim of error with respect to the evasion of responsibility instruction. While the petition was pending, our Supreme Court released its decision in State v. McClain, 324 Conn. 802, 812, 155 A.3d 209 (2017), holding that a Kitchens waiver does not preclude appellate relief under the plain error doctrine. Thus, the Supreme Court granted the defendant's petition and remanded the matter to this court. State v. Bialowas, 325 Conn. 917, 163 A.3d 1204 (2017). In light of McClain, we review the defendant's claim pursuant to the plain error doctrine and, accordingly, affirm the judgment of the trial court.")