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 Court Slip Opinion

by Townsend, Karen

 

SC20632 - State v. King (Waiver of jury trial; three judge panel; The defendant now appeals, arguing that (1) there was insufficient evidence to support the judgment of conviction, (2) the failure of the trial court, Russo, J., to explain that the three judge panel did not have to reach a unanimous decision rendered her jury trial waiver involuntary and, thus, unconstitutional, and (3) three judge panels should be prohibited from deliberating until the close of evidence and the submission of the case to the panel, which, the defendant claims, improperly occurred in the present case. Although we conclude that sufficient evidence supported the majority’s guilty verdict, we invoke our supervisory authority over the administration of justice and hold that trial courts must canvass defendants who choose to be tried before a three judge panel, rather than before a jury, to ensure that they understand that, although a jury of their peers must be unanimous in reaching a guilty verdict, a three judge panel can properly arrive at a guilty verdict after a decision by a majority vote. The failure of the canvassing court in the present case to explain that critical difference to the defendant requires that we reverse her conviction and remand the case for a new trial. Finally, because the issue may arise at a retrial, we also hold that a three judge panel is not constitutionally prohibited from beginning its deliberations prior to the close of evidence and the submission of the case to the panel because, although judges are not immune from the frailties of human nature, they are held to a higher standard and serve a different role as compared with jurors.)