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


AC43344 - State v. Parker (Probation; "The defendant, Joshua Parker, appeals from the judgment of the trial court revoking his probation pursuant to General Statutes § 53a-32 and sentencing him to thirty months of incarceration. On appeal, the defendant claims that (1) the court improperly revoked his probation for failure to pay restitution without first making a finding that such failure to pay was wilful, as constitutionally required pursuant to Bearden v. Georgia, 461 U.S. 660, 103 S. Ct. 2064, 76 L. Ed. 2d 221 (1983), and (2) the state introduced insufficient evidence to prove that the defendant wilfully refused to pay restitution. We agree that the court did not make the constitutionally requisite finding that the defendant's failure to pay restitution was wilful and, accordingly, we reverse the judgment of the trial court and remand the case for a new probation revocation hearing.")

AC41168, AC41644 - State v. Knox (Criminal possession of firearm; tampering with physical evidence; motion for judgment of acquittal; right to counsel; "This case involves two separate appeals. First, in the appeal in Docket No. AC 41168, the state appeals from the decision of the trial court granting the motion for judgment of acquittal filed by the defendant, Rickie Lamont Knox, with respect to the charge of tampering with physical evidence in violation of General Statutes § 53a-155. The state contends that sufficient evidence existed to support this conviction. Second, in the appeal in Docket No. AC 41644, the defendant appeals from the judgment of conviction, rendered after a jury trial, of criminal possession of a firearm in violation of General Statutes § 53a-217. The defendant contends that his postarrest statements to the police had been obtained following a violation of the prophylactic rule created by our Supreme Court in State v. Purcell, 331 Conn. 318, 203 A.3d 542 (2019), and, therefore, should have been excluded from evidence. The defendant also argues that the court abused its discretion and violated his constitutional rights by admitting into evidence certain inculpatory portions of his police interview while excluding related contextual portions. We affirm the judgment of the trial court.")