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

 

AC42745 - State v. Albert D. (Risk of injury to child; sexual assault in fourth degree; sexual assault in first degree; attempt to commit sexual assault in first degree; claim that defendant was entitled to new trial on basis of alleged prosecutorial improprieties during state's rebuttal closing argument; "The defendant, Albert D., appeals from the judgments of conviction, rendered following a jury trial, of two counts of sexual assault in the first degree in violation of General Statutes § 53a-70 (a) (2), one count of attempt to commit sexual assault in the first degree in violation of General Statutes §§ 53a-49 (a) and 53a-70 (a) (2), three counts of sexual assault in the fourth degree in violation of General Statutes § 53a-73a (a) (1) (A), and six counts of risk of injury to a child in violation of General Statutes § 53-21 (a) (2). On appeal, the defendant claims that he is entitled to a new trial on the basis of alleged prosecutorial improprieties during the state's rebuttal closing argument. Specifically, the defendant contends that the prosecutor (1) incorrectly stated that the state's experts were not allowed to meet with the victims, and (2) improperly vouched for her own credibility and the credibility of one of the state's witnesses. The defendant further argues that the improprieties resulted in a denial of his due process right to a fair trial pursuant to the six factor test set forth in State v. Williams, 204 Conn. 523, 540, 529 A.2d 653 (1987). We conclude that the prosecutor's comments with regard to the purported inability of the state's experts to meet with the victims constituted an impropriety that, nevertheless, did not deprive the defendant of his due process right to a fair trial. We further conclude that the prosecutor's comments with respect to her own credibility and the credibility of one of the state's witnesses were not improper. Accordingly, we affirm the judgments of conviction.")

AC42405 - State v. Hargett (Murder; claim that trial court's exclusion of evidence deprived defendant of right to present defense; "The defendant, Nasir R. Hargett, appeals from the judgment of conviction, rendered after a jury trial, of one count of murder. In addition, the jury also found, pursuant to an interrogatory, that "the defendant employed the use of a firearm in the commission of a felony," and the court accordingly enhanced his sentence. On appeal, the defendant claims that the trial court (1) violated his sixth amendment right to present a defense by excluding from evidence (a) a statement purportedly made by a bystander and (b) an autopsy toxicology report, (2) violated his right to due process by declining to give a jury instruction on self-defense, (3) abused its discretion by admitting firearm related evidence, and (4) violated his right to a fair trial by failing to grant his motion for a new trial or to dismiss the charges. The defendant also claims that he was denied the right to a fair trial due to prosecutorial impropriety that occurred during final argument. We affirm the judgment of the trial court.")