11/4/2009
State v. Grant - SC18177 (Attempt to commit robbery in the first degree in violation of §§ 53a-134 (a) (4) and 53a-49 (a); carrying dangerous weapon in violation of § 53-206; commission of class A, B or C felony with firearm, namely a BB gun, in violation of § 53-202k and sufficient evidence to support jury's finding of violation; mandatory five year term, "In support of his claim, the defendant contends that only a weapon that discharges a shot by gunpowder constitutes a firearm under General Statutes § 53a-3 (19)".) 10/30/2009
Below is a list of criminal law Appellate Court opinions issued in October 2009:
AC29404 - State v. Adams ("The defendant claims that the court improperly failed to return property that was seized from him in criminal docket number CR-05-0284632-S, a case in which a nolle prosequi was entered pursuant to a plea agreement involving a total of six cases against the defendant.") Dissent 10/28/2009
State v. Moore - SC17992 ("The state appeals, following our grant of certification, from the judgment of the Appellate Court reversing the conviction of the defendant....The state claims that the Appellate Court improperly concluded that the defendant’s sixth amendment right of confrontation under the United States constitution was violated when the trial court denied his motion to strike certain testimony that the state elicited during its redirect examination of James Brooks, a participant in the robbery and a prosecution witness who invoked his fifth amendment privilege against self incrimination before the assistant state’s attorney (prosecutor) completed his redirect examination, thus depriving the defense of the opportunity to question Brooks on recross-examination.")
10/26/2009State v. Fernando A. - SC18045, SC18103 ("In this public interest appeal, we consider the nature of the hearing that a defendant must receive prior to the issuance of a criminal protective order in a family violence case (criminal protective order) pursuant to General Statutes § 54-63c (b).")
10/1/2009
Below is a list of criminal law Appellate Court opinions issued in September 2009:
AC28785 - State v. Banks ("On appeal, the defendant claims that the trial court (1) violated his sixth amendment right to confront witnesses by precluding him from admitting evidence showing motive, bias or interest of a state’s witness, (2) improperly dismissed a juror during trial and (3) improperly permitted a state’s witness to testify as both a fact witness and an expert witness.")
AC29684 - State v. Colon ("In this appeal, the defendant... claims that the evidence was insufficient to support his conviction of interfering with an officer in violation of General Statutes § 53a-167a (a), threatening in the second degree in violation of General Statutes § 53a-62 (a) (1) and breach of the peace in the second degree in violation of General Statutes § 53a-181 (a) (1).")
AC29139 - State v. Jordan ("The defendant... appeals from the judgment of conviction, following a jury trial, of manslaughter in the first degree with a firearm in violation of General Statutes § 53a-55a (a) and carrying a pistol or revolver without a permit in violation of General Statutes § 29-35 (a). On appeal, the defendant claims that (1) the state’s improper comments during closing argument to the jury deprived him of a fair trial and (2) the trial court improperly precluded him from presenting evidence regarding the victim.") Concurrence
AC29096 - State v. Pettigrew ("On appeal, the defendant claims that (1) the evidence adduced at his probation violation hearing was insufficient to support the court’s finding that he violated the terms of his probation and (2) the court abused its discretion when it revoked his probation and sentenced him to four years of imprisonment.")
AC29287 - State v. Muhammad ("The defendant, Najee Muhammad, also known as Lester A. Edwards, appeals from the judgment of the trial court revoking his probation pursuant to General Statutes § 53a-32. The defendant claims that (1) the court based its revocation on a clearly erroneous finding of fact, (2) the court improperly failed to make any findings of fact or conclusions of law as to whether he had acted in self-defense during the incident underlying the violation of probation charge and (3) the court improperly failed to permit him to review and to present medical records supporting his claim of self-defense.")
AC28946 - State v. Makee R. ("On appeal, the defendant claims that he was denied a fair trial before a neutral judge in violation of the fifth, sixth and fourteenth amendments to the United States constitution. Specifically, he argues that the court’s jury instructions improperly invaded the province of the fact finder, bolstered the credibility of the victim, diluted the state’s burden of proof and prejudiced his case.")
AC29833 - State v. Larsen ("The defendant... appeals from the judgments of conviction, rendered after a trial to the court, of two counts of criminal violation of a protective order under General Statutes § 53a-223 and one count of criminal violation of a restraining order under General Statutes § 53a 223b. On appeal, the defendant claims that the evidence was insufficient to support her convictions because the state failed to prove beyond a reasonable doubt that she had the requisite intent to violate the orders.")
AC29505 - State v. Therrien ("The defendant... appeals from the judgment of conviction, rendered after a jury trial, of harassment in the second degree in violation of General Statutes § 53a-183 (a) (3) and threatening in the second degree in violation of General Statutes § 53a-62 (a) (2). The defendant claims that (1) the trial court improperly denied his motion to dismiss filed pursuant to Franks v. Delaware, 438 U.S. 154, 98 S. Ct. 2674, 57 L. Ed. 2d 667 (1978), (2) the court improperly admitted evidence from the sentencing proceedings of his codefendants and (3) the prosecutor committed improprieties that deprived him of his due process right to a fair trial.")
AC29763 - State v. Bereis ("The defendant... appeals from the judgment of conviction, rendered following a jury trial, of operating a motor vehicle while under the influence of intoxicating liquor or drugs in violation of General Statutes § 14-227a.1 On appeal, the defendant argues that (1) the evidence was insufficient to support her conviction and (2) the trial court improperly admitted into evidence two police reports.")
AC29623 - State v. Hanson ("On appeal, the defendant claims that by denying his motions to withdraw his guilty pleas, the court abused its discretion because his pleas were made unknowingly and involuntarily. In support of that claim, the defendant argues that (1) the court’s plea canvass was defective because it did not substantially comply with Practice Book §§ 39-194 and 39-20,5 (2) his attorney rendered ineffective assistance at the hearing on his motion to withdraw the pleas by not allowing the defendant to testify and, subsequently, that the court should have conducted, sua sponte, an evidentiary inquiry at that hearing, and (3) the existence of several other pretrial constitutional violations rendered the pleas involuntary.") Concurrence
AC30509 - State v. Henry ("The defendant... appeals from the judgment of the trial court denying his motion to correct an illegal sentence. On appeal, the defendant claims that the court improperly failed to credit him for 411 days of presentence confinement that he was supposed to receive pursuant to a plea agreement he entered on June 15, 2005.")
AC29638 - State v. McElveen ("On appeal, the defendant claims that (1) the state adduced insufficient evidence to support a finding that he was a persistent larceny offender, (2) the part B information charging him with being a persistent larceny offender was defective, thereby depriving him of his constitutional right to due process under the state and federal constitutions, and (3) the trial court improperly instructed the jury on the basis of a defective information.")
AC26896 - State v. Winter ("On appeal, the defendant claims that the court improperly denied (1) his motion to dismiss the charge of criminal violation of a protective order and (2) his motion for a judgment of acquittal.") 9/14/2009
State of Connecticut v. Rupar SC18269 (Writ of error challenging a decision of the review division; Sexual assault; risk of injury; "...[W]hether convicted persons have a liberty interest under the fourteenth amendment to the United States constitution in receiving prison sentences that are proportional to the prison sentences of similarly situated offenders.") 9/8/2009
State v. Hampton - SC17715 (Attempt to commit murder in violation of §§ 53a-49(a), 53a-8 and 53a-54a; conspiracy to commit murder in violation of §§ 53a-48 (a) and 53a-54a; kidnapping first degree in violation of §§ 53a-8 and 53a-92 (a) (2) (A); conspiracy to commit kidnapping first degree in violation of §§ 53a-48 and 53a-92 (a) (2) (A); assault first degree in violation of §§ 53a-8 and 53a-59 (a) (5); conspiracy to commit assault first degree in violation of §§ 53a-48 (a) and 53a-59 (a) (5); sexual assault first degree in violation of §§ 53a-8 and 53a-70 (a) (1); conspiracy to commit sexual assault first degree in violation of §§ 53a-48 (a) and 53a-70 (a) (1); criminal possession of firearm in violation of § 53a-217(a) (1); motion to suppress; Miranda rights; claim that jury was not properly instructed.) 9/3/2009
State v. Flanagan - SC17990 ("On appeal, the defendant claims: (1) that the Appellate Court improperly concluded that he had not clearly and unequivocally invoked his right to self-representation under the sixth amendment to the United States constitution; and (2) in response to an alternate ground for affirmance proffered by the state, that the trial court improperly applied an ‘‘exceptional circumstances’’ test in ruling on the timeliness of his request to represent himself.") 8/31/2009
Below is a list of criminal law Appellate Court opinions issued in August 2009:
AC29138 - State v. Madison ("On appeal, the defendant claims that the court improperly denied his motion to suppress ‘‘rocks’’ of crack cocaine found by a police officer in the vehicle the defendant was driving.")
AC28679 - State v. Joseph ("On appeal, the defendant claims that (1) the evidence was insufficient to sustain his conviction of unlawful restraint in the first degree; (2) the court improperly failed to instruct the jury on reckless endangerment in the second degree, which he claims is a lesser offense included within unlawful restraint in the first degree; (3) the court improperly instructed the jury on the statutory definition of intent; and (4) the court improperly joined in one trial the charges against him, which arose from two unrelated incidents.")
AC30419 - State v. King ("On appeal, the defendant claims that (1) the evidence was not sufficient to sustain his conviction of conspiracy to commit murder and (2) the court improperly instructed the jury on issues of credibility.")
AC29540 - State v. Delgado ("The defendant... appearing pro se, appeals following the denial of his motion to correct an illegal sentence. Specifically, the defendant claims that the trial court improperly (1) found that his sentence for possession of a weapon in a motor vehicle in violation of General Statutes § 29- 38 was legal with regard to the manner in which the weapon was used and (2) found that his sentence was within the parameters of § 29-38 with regard to the size of the weapon used.")
AC29794 - State v. Campbell ("On appeal, the defendant claims that the trial court abused its discretion by improperly rejecting his request to instruct the jury that it might find that his college dormitory was his residence or place of abode. The defendant also claims that the court wrongfully usurped the jury’s fact-finding function by deciding that the common hallway in the college dormitory was not part of the defendant’s residence or place of abode")
AC29858 - State v. Flemming ("On appeal, the defendant claims that the court improperly (1) determined that he had effectively waived his right to the assistance of counsel for the purposes of the violation of probation hearing and (2) failed to make an adequate investigation into whether he was indigent and therefore qualified for representation by the public defender’s office.")
AC29709 - State v. Hayward ("On appeal, the defendant argues that (1) the evidence was insufficient to sustain his conviction and (2) the prosecutor engaged in impropriety during closing argument.")
AC29860 - State v. Bivrell ("On appeal, the defendant claims that (1) the evidence was insufficient to support her conviction on either of the charges, (2) the court improperly diluted the state’s burden of proof by repeatedly telling the jury not to be swayed by sympathy and (3) the court improperly denied the state’s request to charge on the lesser included offense of assault in the third degree in violation of General Statutes § 53a-61.")
AC29839 - State v. Marsala ("On appeal, the defendant claims that (1) there was insufficient evidence for the jury to find him guilty of criminal trespass in the first degree because the state failed to meet its burden of proof in regard to an element of the crime charged and (2) the court improperly instructed the jury on the definition of owner and authorized person under § 53a-107 (a) (1).")
AC30420 - State v. Eason ("The defendant... appeals from the judgment of conviction, rendered after a jury trial, of murder in violation of General Statutes § 53a- 54a. On appeal, the defendant claims that the trial court improperly (1) assumed the role of advocate on behalf of the state and (2) failed to consider, sua sponte, whether certain photographs admitted into evidence should have been cropped to excise allegedly prejudicial images contained therein, as a matter of due process.")
AC28795 - State v. Heriberto M. ("On appeal, the defendant claims that the court improperly (1) admitted the testimony of a clinical social worker containing hearsay statements under the medical treatment exception, (2) admitted constancy of accusation testimony and (3) provided an expert testimony charge in its instructions to the jury.")
AC29360 - State v. James N. ("The defendant... appeals from the judgment of conviction, rendered after a jury trial, of sexual assault in the first degree in violation of General Statutes § 53a-70 (a) (2) and two counts of risk of injury to a child in violation of General Statutes § 53-21 (a) (2). On appeal, the defendant claims that the court failed to grant sufficient relief after determining that jury misconduct had occurred.")
AC29673 - State v. Koslik ("The defendant... appeals from the denial of his motion to correct an illegal sentence. On appeal, he claims that his sentence is illegal because the term of probation exceeds the permissible statutory maximum for violations of General Statutes § 20-427 (b) (3) and (5).") Concurrence
AC29143 - State v. Gainey ("On appeal, the defendant claims that (1) the trial court improperly responded to a jury question regarding nonexclusive possession and (2) the evidence adduced at trial was insufficient to prove that he constructively possessed the heroin found hidden in a car")
AC29422 - State v. Gaskin ("On appeal, the defendant claims that the trial court improperly (1) limited his cross examination of the victim, (2) failed to disclose all relevant material following an in camera review, (3) admitted the victim’s statement into evidence in violation of the Whelan2 rule and (4) granted the state’s motion to limit the defendant’s closing argument.")
AC29043 - State v. Palkimas ("On appeal, the defendant claims that the court lacked subject matter jurisdiction to accept his plea of nolo contendere because, pursuant to General Statutes § 46b-38c (g), the charge of criminal violation of a protective order was dismissed once he successfully completed the classroom component of the family violence education program (program).")
AC29480 - State v. Carbone ("On appeal, the defendant claims that (1) the trial court improperly allowed the state to amend the information at the close of the state’s evidence and (2) he was denied his due process right to a fair trial due to prosecutorial impropriety.")
AC29075 - State v. Holloway ("On appeal, the defendant claims that (1) the trial court improperly denied his Batson challenge, (2) the court improperly denied his motion for a mistrial, which was based on his claim of judicial bias and (3) he was deprived of his right to due process as a result of prosecutorial impropriety.") 8/24/2009
State v. Foster — SC17780 (Murder; Kidnapping; "On appeal, the defendant claims that the trial court (1) improperly allowed the state to introduce hearsay evidence in violation of the Connecticut Code of Evidence and his right to confrontation under the sixth and fourteenth amendments to the United States constitution, (2) inadequately addressed an instance of juror misconduct in violation of his right to a trial by an impartial jury under the sixth and fourteenth amendments to the United States constitution, and article first, § 8, of the constitution of Connecticut, and (3) diluted the state’s burden of proof by improperly instructing the jury on his alibi defense.")
State v. Cutler — SC18060 ("The defendant...appeals from the judgment of conviction, rendered after a jury trial, of unlawful restraint in the first degree in violation of General Statutes § 53a-95. The defendant claims on appeal that the trial court improperly: (1) admitted certain prior misconduct evidence after concluding that its probative value outweighed its prejudicial effect; (2) declined to instruct the jury to apply a preponderance of the evidence standard to determine whether the prior misconduct occurred; and (3) marshaled the evidence in its jury instruction by referencing only the state’s prior misconduct evidence and not the defendant’s countervailing evidence.") 8/19/2009
State v. Willie Cox SC18211 (Attempt to commit assault of peace officer - attendant, substantial step;...[D]efendant contends that, because the trial court instructed the jury only on the attendant circumstances section of the criminal attempt statute, § 53a-49 (a) (1), and not on the substantial step section, § 53a-49 (a) (2), and because of the state’s conduct throughout trial, culminating with its failure to take exception to the trial court’s jury instruction, the state implicitly waived any right to a charge under the substantial step section. In addition, the defendant contends that the evidence offered by the state was insufficient to satisfy the attendant circumstances section of the attempt statute, the only section on which the trial court instructed the jury, and his conviction therefore should be reversed.") 8/12/2009
State v. Morelli - SC18047 (Operating motor vehicle while under influence of intoxicating liquor in violation of § 14-227a; certified appeal; proof beyond reasonable doubt; claim of insufficient evidence; "whether the trial court properly rejected the defendant’s claim that a concussion reasonably had led to his failure of the field sobriety tests.")
8/7/2009
State v. Bruno - SC18251, 18252 ("The defendant... was convicted, after a jury trial, of possession of a narcotic substance with intent to sell by a person who is not drug dependent, in violation of General Statutes § 21a- 278 (b), sale of a narcotic substance by a person who is not drug dependent, in violation of § 21a-278 (b), possession of a narcotic substance with intent to sell within 1500 feet of a school in violation of General Statutes § 21a-278a (b), and conspiracy to sell a narcotic substance by a person who is not drug-dependent, in violation of General Statutes §§ 21a-278 (b) and 53a-48. Thereafter, following a trial to the court on part B of the two part information, in which the state charged the defendant with being a ‘‘[p]ersistent [d]rug [o]ffender’’ in violation of § 21a-278, the court found that the state had failed to meet its burden of proving that the defendant was guilty of that charge. Specifically, the court found, sua sponte, that the state improperly had charged the defendant with being a persistent felony offender under General Statutes § 53a-40 rather than charging him with being a subsequent drug offender under § 21a-278 (b), and that § 53a-40 does not apply to drug offenses. After the trial court rendered judgment in accordance with the jury verdict on the first part of the information, the defendant appealed on the ground that the evidence was insufficient to support his conviction. The state appealed from that part of the judgment dismissing part B of the information, claiming that the trial court improperly had concluded that the state had charged the defendant under § 53a-40 and not under § 21a 278 (b).") 8/5/2009State v. Long - SC18245 ("On appeal, the defendant claims that the remarks of the assistant state’s attorney (prosecutor) to the jury in his closing and rebuttal arguments were improper and deprived him of his constitutional right to a fair trial.") 7/31/2009
Below is a list of criminal law Appellate Court opinions issued in July 2009:
AC28642 - State v. Jones ("He claims that (1) the trial court improperly denied his motion to suppress evidence obtained by a search warrant because the warrant was based solely on suspicion and conjecture rather than probable cause, (2) the prosecutor committed impropriety during closing arguments to the jury and (3) the defendant was denied his right under the confrontation clause of the federal and state constitutions to cross-examine the victim effectively.")
AC28735 - State v. Licari ("The defendant claims: (1) the trial court abused its discretion when it admitted evidence of uncharged misconduct for the purpose of establishing a common scheme, intent and absence of accident or to corroborate other evidence; (2) the court abused its discretion in admitting the written statement of the defendant’s former wife as substantive evidence under the rule of State v. Whelan, 200 Conn. 743, 753, 513 A.2d 86, cert. denied, 479 U.S. 994, 107 S. Ct. 597, 93 L. Ed. 2d 598 (1986), where the purported written statement was not sufficiently reliable for admission under the rule; (3) the defendant’s conviction of both larceny and insurance fraud violated the double jeopardy clause of the federal constitution; and (4) the defendant was deprived of a fair trial by the prosecutor’s pretrial conduct.")
AC27986 - State v. Paige ("On appeal, the defendant claims that (1) the evidence was insufficient to support the jury’s verdict on ‘‘many of the charges’’ against her and (2) the trial court improperly directed the jury to find that the state had proven an element of the crime of perjury, as charged in count two. After a thorough review of the record...")
AC28878 - State v. Collazo ("On appeal, the defendant claims that the trial court improperly (1) failed to order an evaluation of his competency to stand trial and to conduct an independent inquiry as to the need for such evaluation, (2) instructed the jury that it could find him guilty as either a principal or an accessory and (3) denied his Batson challenge.")
AC29501 - State v. Garcia ("On appeal, the defendant claims that the trial court improperly (1) allowed Michael Walker, an orthopedic surgeon, to testify as to an assault victim’s statement regarding the cause of his injury, which was testimonial in nature, and violated the defendant’s right to confront the victim and (2) denied a Batson challenge.")
AC28877 - State v. Virgo ("The defendant... appeals from the judgment of conviction, following a jury trial, of conspiracy to commit assault in the first degree in violation of General Statutes §§ 53a-59 (a) (1) and 53a- 48, and assault in the first degree as an accessory in violation of General Statutes §§ 53a-59 (a) (1) and 53a- 8.1 The defendant claims that (1) the trial court improperly joined two cases for trial and (2) the evidence does not support a finding of guilt as to either crime of which he stands convicted.")
AC29581 - State v. Olson ("The defendant... appeals from the judgment of the trial court denying his motion to correct an illegal sentence. The defendant claims that the court improperly concluded that his sentence had not been imposed in an illegal manner because the court did not order that a presentence investigation report (report) be prepared prior to sentencing.")
AC29957 - State v. Maurice M. ("On appeal, the defendant claims that § 53-21 (a) (1) is unconstitutionally vague as applied to his conduct and that the court (1) applied the incorrect standard for his alleged violation of § 53-21 (a), (2) based its finding that he violated his probation on insufficient evidence and (3) abused its discretion by revoking his probation.") Dissent
AC29244 - State v. Barnes ("The defendant... appeals from the judgment of the trial court finding him in violation of probation pursuant to General Statutes § 53a-32. On appeal, the defendant claims that the court violated his constitutional right to due process by failing to state specifically the basis of its conclusion that his probationary status should be revoked.")
AC27916 - State v. Calabrese ("This case arises from an altercation between the defendant, Edan F. Calabrese, and his mother, Maureen Calabrese. The defendant appeals from the judgment of conviction, rendered after a jury found him guilty of assault of an elderly person in the third degree in violation of General Statutes § 53a-61a (a) (1), burglary in the second degree in violation of General Statutes (Rev. to 2005) § 53a-102 (a) (1) and interfering with an officer in violation of General Statutes § 53a-167a (a). On appeal, the defendant claims that (1) there was insufficient evidence to support a conviction on any of the counts charged, (2) the court improperly excluded from evidence messages left on his answering machine by the victim and (3) the state engaged in prosecutorial impropriety.") Concurrence and Dissent
AC28007 - State v. Elson ("The defendant claims that (1) with regard to his assault conviction, the court improperly permitted the jury to find that his hands were dangerous instruments, (2) the court improperly admitted certain evidence, (3) the court, in its jury charge, improperly commented on his interest in the outcome of the case, improperly commented on the state’s interest in protecting innocent persons from being convicted of crimes and delivered an instruction on reasonable doubt that diluted the state’s burden of proof, (4) the evidence did not support the jury’s verdict with regard to the assault charge and (5) the court considered improper factors at the time of sentencing.") Concurrence, and Concurrence and Dissent 7/22/2009
State v Singleton (SC17795)
(Manslaughter in the first degree; self-defense; initial agressor exception; “We therefore conclude that, in light of the defendant’s concession that stabbing a person with a knife constitutes the use of deadly physical force, and the jury’s findings that the defendant intended to cause the victim serious physical injury and that he caused the victim’s
death by stabbing him with the knife, which were made before the jury reached the defendant’s claim of self-defense, the court’s instructions as to whether the defendant was justified in using deadly physical force were not improper.”
7/20/2009
State v. Ebron SC17914 (Intentional manslaughter first degree with a firearm; whether trial court (1) precluded defendant from questioning potential jurors about their ability and willingness to follow instructions concerning the law of self-defense; (2) failed to give a jailhouse informant credibility instruction with respect to one of the State's key witnesses (3) instructed the jury about the retreat doctrine; (4) failed to instruct the jury sua sponte, on the doctrine of defense of premises.) 7/8/2009State v. Ovechka - SC17895 (“The dispositive issue in this certified appeal is whether there was sufficient evidence for a jury to find that a person assaulted with pepper spray had suffered ‘‘ ‘[s]erious physical injur[ies],’ ’’ as defined by General Statutes § 53a-3 (4), that would permit the inference that the spray was a ‘‘ ‘[d]angerous instrument,’ ’’ as defined by General Statutes § 53a-3 (7). The state appeals, upon our grant of its petition for certification, from the judgment of the Appellate Court reversing the trial court’s judgment convicting the defendant... of assault in the second degree in violation of General Statutes § 53a-60 (a) (2). State v. Ovechka, 99 Conn. App. 679, 680–81, 915 A.2d
926 (2007).”)
State v. Arroyo - SC18031 (“....Thereafter, this court granted the defendant’s petition for certification to appeal limited to the following issues: (1) ‘‘Did the Appellate Court properly determine that the special credibility instruction mandated in State v. Patterson, 276 Conn. 452, 886 A.2d 777 (2005), was not applicable?’’; and (2) ‘‘Did the Appellate Court properly determine that the verdicts were not legally inconsistent?’’ State v. Arroyo, 284 Conn. 938, 937 A.2d 694 (2007).")
State v. Ramirez - SC18159 (“The defendant appealed from the judgment to the Appellate Court, which affirmed the judgment of conviction. State v. Ramirez, 107 Conn. App. 51, 66, 943 A.2d 1138 (2008). Thereafter, this court granted the defendant’s petition for certification to appeal, limited to the following issue: ‘‘Did the Appellate Court properly determine that a verdict of guilty of assault in the second degree is not inconsistent with a verdict of not guilty of carrying a dangerous weapon?’’ State v. Ramirez, 287 Conn. 915, 950 A.2d 1290 (2008).”) 7/6/2009
State v. Connor - SC18099, SC18101 (“On appeal, the defendant, who represented himself both at the trial of his criminal case and at the hearing in his probation violation case, claims that the trial court improperly found that he was competent to waive his right to counsel in both of those cases.”) 6/30/2009
Below is a list of criminal law Appellate Court opinions issued in June 2009:
AC29027 - State v. Luther ("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 and carrying a pistol or revolver without a permit in violation of General Statutes § 29-35 (a). On appeal, the defendant claims that (1) his federal and state constitutional rights to a fair trial were violated when a state’s witness testified in violation of the trial court’s ruling that granted the defendant’s motion in limine to preclude certain testimony, (2) his federal and state constitutional rights to a fair trial were violated due to prosecutorial impropriety, and (3) the court improperly instructed the jury regarding consciousness of guilt.")
AC29905 - State v. Graves ("On appeal, the defendant claims that the trial court improperly denied his pretrial motion to suppress evidence of a brown paper bag containing marijuana because it improperly (1) determined that a police officer was in ‘‘hot pursuit’’ of the defendant and therefore did not need a warrant to conduct a search, (2) concluded that the officer, a municipal police officer from Rhode Island, was permitted to conduct police activities in Connecticut and (3) failed to hold that the officer’s search of an open field, which revealed the bag, was illegal because of the officer’s out-of-state status and because no exigent circumstances were present..")
AC29769 - State v. Alexander ("This appeal concerns the contours of the protections provided by the fourth amendment to the federal constitution. The defendant... appeals from the judgment of conviction, rendered after a conditional plea of nolo contendere pursuant to General Statutes § 54-94a, of possession of more than one kilogram of marijuana with intent to sell by a person who is not drug-dependent in violation of General Statutes § 21a-278 (b), interfering with an officer in violation of General Statutes § 53a-167a (a), forgery in the second degree in violation of General Statutes § 53a-139 (a) (3) and possession of marijuana with intent to sell within 1500 feet of a school in violation of General Statutes § 21a-278a (b). On appeal, the defendant claims that the trial court improperly denied his motion to suppress certain evidence after concluding improperly that he had failed to sustain his burden of establishing a subjective expectation of privacy in a common hallway in the apartment building in which he lived.")
AC28755 - State v. Richard W. ("On appeal, the defendant claims that (1) there was insufficient evidence to establish that he was guilty beyond a reasonable doubt of attempt to commit sexual assault in the first degree, (2) he was prejudiced by prosecutorial impropriety, (3) his right to due process was violated by expert witness testimony as to the ultimate issue and (4) the state violated his state and federal constitutional rights by failing to disclose exculpatory information as required by Brady v. Maryland, 373 U.S. 83, 83 S. Ct. 1194, 10 L. Ed. 2d 215 (1963).")
AC27807 - State v. Martin M. ("On appeal, the defendant first claims that the kidnapping statute is unconstitutionally vague as applied to him. He also claims that the trial court (1) improperly failed to disclose fully all relevant material for cross-examination following an in camera review of certain confidential records, (2) allowed hearsay testimony of a nurse practitioner under the medical testimony exception to the hearsay rule and (3) improperly considered the recidivism rate of sexual predators in sentencing the defendant in violation of his constitutional rights.")
AC28925 - State v. Fernandes ("The sole issue on appeal is whether the transfer of the defendant’s case from the docket for juvenile matters to the regular criminal docket of the Superior Court followed the requirements of the juvenile transfer statute and due process.")
AC28855 - State v. Schiller ("The defendant... appeals from the judgment of conviction, rendered after a jury trial, of twelve counts of identity theft in violation of General Statutes (Rev. to 2003) § 53a-129a and five counts of identity theft in the third degree in violation of General Statutes § 53a-129d. On appeal, the defendant claims that (1) the evidence was insufficient to support his conviction and (2) the state’s improper comments during closing argument to the jury deprived him of a fair trial.")
AC28974 - State v. Sligh ("On appeal, the defendant claims that there was insufficient evidence to sustain the finding of a violation of probation.") Concurrence
AC28535 - State v. Chimenti ("On appeal, the defendant claims that (1) the state pre- sented insufficient evidence to prove his guilt beyond a reasonable doubt and (2) his fifth amendment right against double jeopardy was violated when he was acquitted of assault in the first degree in violation of
General Statutes § 53a-59 (a) (1) and subsequently con- victed of the lesser included offense of reckless assault in the second degree. We affirm the judgment of the trial court.")
AC28483 - State v. Franklin ("The defendant... appeals fromthe judgment of conviction, rendered after a jury trial, of assault in the first degree as an accessory in violation of General Statutes §§ 53a-59 (a) (5) and 53a-8. On appeal, the defendant claims that the evidence was insufficient to support his conviction. We affirm the judgment of the trial court.")
AC28209 - State v. Saez ("On appeal, the defendant claims that the evidence adduced at trial was insufficient to support his conviction of larceny in the sixth degree. We affirm the judgment of the trial court.")
AC25786 - State v. Kamel ("On appeal, the defendant claims that the trial court (1) violated his constitutional right to counsel when it failed to conduct an inquiry into his allegation that he was indigent, (2) improperly denied his motion to suppress evidence obtained during the search of a bag that belonged to him and (3) failed to conduct a preliminary on the record inquiry after learning that the jury was exposed during its deliberations to brass knuckles, which were marked for identification but not admitted into evidence as an exhibit.")
AC29352 - State v. Palangio ("He claims on appeal that (1) the evidence was insufficient to convict him of conspiracy to commit robbery in the first degree, (2) the evidence was insufficient to convict him of robbery in the first degree as an accessory, (3) the charge to the jury on robbery in the first degree deprived him of his due process right to a fair trial and (4) the trial court improperly admitted into evidence written statements of an accomplice.")
AC28819 - State v. Coccomo ("The defendant... appeals from the judgment of conviction, rendered after a jury trial, of three counts of manslaughter in the second degree with a motor vehicle in violation of General Statutes § 53a-56b (a), three counts of misconduct with a motor vehicle in violation of General Statutes § 53a- 57 and one count of operating a motor vehicle while under the influence of intoxicating liquor or drugs in violation of General Statutes § 14-227a (a) (2). On appeal, the defendant claims that (1) the trial court improperly admitted evidence of her blood alcohol content, (2) there was insufficient evidence to sustain her conviction and (3) the court improperly admitted consciousness of guilt evidence.") Concurrence
AC30422 - State v. Martinez ("The sole issue in this appeal is whether the trial court abused its discretion in denying Enrique Martinez, the defendant, a continuance to secure the services of counsel of his choice in violation of his rights under the sixth amendment to the federal constitution.")
AC29003 - State v. Thomas W. ("On appeal, the defendant claims that (1) § 53-21 (a) (1) is void for vagueness, (2) there was insufficient evidence to convict him of the four counts of which he was convicted and (3) the court made improper remarks to the jury, placing the burden of proof on him.")
AC28070 - State v. Varela ("The defendant... appeals from the judgment of conviction, rendered after a trial by jury, of accessory to larceny in the first degree in violation of General Statutes §§ 53a-8 and 53a-122 (a) (2), conspiracy to commit larceny in the first degree in violation of General Statutes §§ 53a-48 and 53a-122 (a) (2) and accessory to burglary in the third degree in violation of General Statutes §§ 53a-8 and 53a-103. On appeal, the defendant claims that the evidence was insufficient to sustain her conviction on each of the
charges because the state could not prove her involvement in the crimes.")
AC29362 - State v. Oliphant ("The defendant... appeals from the judgment of the trial court revoking his probation and committing him to the custody of the commissioner of correction for six and one-half years. The defendant claims that the court improperly (1) restricted his cross-examination of the complaining witness, (2) refused to apply the exclusionary rule, (3) concluded that the evidence was sufficient to determine that he had violated his probation and (4) revoked his probation.")
AC28992 - State v. Boyd ("On appeal, the defendant claims that (1) the trial court improperly failed to instruct the jury on the doctrine of nonexclusive possession with regard to the firearm and (2) the evidence was insufficient to sustain his conviction.") 6/29/2009State v. Tabone - SC18119 ("On appeal, the defendant claims that his total effective sentence after remand is illegal because: (1) the substitution of a ten year term of probation for the ten year period of special parole that originally was imposed unconstitutionally enlarged the sentence in violation of his due process rights under the federal and state constitutions; (2) the sentence was predicated on a personal agreement between the trial court and the state’s attorney in violation of General Statutes (Rev. to 1999) § 53a-32 (b) (4) and the separation of powers doctrine; and (3) the sentence violates the double jeopardy clause of the fifth amendment to the United States constitution and the Connecticut constitution.")
6/19/2009
State v. Coward - SC17706 (Manslaughter first degree in violation of § 53a-55 (a) (3); conspiracy to commit robbery; lesser included offense charge; "On appeal, the defendant claims that: (1) we should vacate his conviction for manslaughter in the first degree because reckless manslaughter predicated on criminal liability under the doctrine set forth in Pinkerton v. United States, 328 U.S. 640, (1946), is not a cognizable crime under Connecticut law; (2) the trial court improperly instructed the jury on the concept of consciousness of guilt; and (3) the trial court improperly instructed the jury on the applicable reasonable doubt standard.")
State v. Angel T. - SC18121 (Sexual assault first degree in violation of § 53a-70 (a) (2); Two counts of risk of injury to child in violation of § 53-21 (1) and (2); "On appeal, the state claims that the Appellate Court improperly concluded that the prosecutor had committed impropriety that deprived the defendant of his right to a fair trial by introducing evidence of, and arguing during summations about, the fact that the defendant, while being represented by an attorney, had failed to meet with the police during their investigation of the victim’s allegations.") 6/15/2009State v. Gilberto L - SC18213 (One count of risk of injury to a child in violation of § 53-21 (a) (1), and one count of risk of injury to a child in violation of § 53-21 (a) (2); "The defendant claims, inter alia, that the judgment should be reversed and a new trial ordered because the trial court violated his right under the sixth and fourteenth amendments to the United States constitution and Practice Book §§ 44-74 and 44-85 to be present at trial.") 6/1/2009
Below is a list of criminal law Appellate Court opinions issued in May 2009:
AC28273 - State v. Gibson ("On appeal, the defendant claims that (1) there was insufficient evidence to support his conviction of failure to appear in the first degree and (2) the court incorrectly found that he violated his probation. The defendant additionally claims that impropriety by the prosecutor violated his constitutional right to a fair trial. We agree with the defendant’s allegation of prosecutorial impropriety and, accordingly, reverse the conviction on the count of failure to appear in the first degree and remand the matter for a new trial.") Dissent.
AC30421 - State v. Llera ("The sole issue in this appeal is whether the trial court abused its discretion when it permitted a police officer to testify that at the time of the defendant’s arrest, the defendant had in his possession a .40 caliber Glock handgun, and, if so, whether the testimony was harmful.")
AC28373 - State v. Crespo ("The defendant claims that the court improperly (1) excluded evidence related to the prior sexual history of the victim, (2) permitted the state to present evidence concerning the behavior of sexual assault victims generally and (3) failed, following an in camera review of the victim’s medical records, to disclose fully to the defendant material information from such records.")
AC28498 - State v. Wright ("On appeal, the defendant claims that the trial court improperly refused to disclose information contained in the victim’s Juvenile Court file after its in camera inspection of the file and, therefore, denied him his right to confront and to cross-examine witnesses under the sixth amendment to the United States constitution2 and his due process right to obtain exculpatory evidence under the fourteenth amendment to the United States constitution. The defendant requests that this court review the victim’s Juvenile Court file to determine whether the trial court properly concluded that it did not contain exculpatory information and, if we disagree with the court’s conclusion, that we remand the case for a new trial and issue an order releasing the file to him.") Concurrence.
AC28596 - State v. Saunders ("On appeal, the defendant claims that (1) the state adduced insufficient evidence to sustain his conviction, (2) the trial court improperly allowed the state to comment on missing witnesses during final argument and (3) the state engaged in prosecutorial impropriety during final argument and, therefore, deprived him of his due process right to a fair trial.")
AC28448 - State v. Ryder ("We return to the case of the large reptile discovered by police in a Greenwich home. In an earlier decision by this court, State v. Ryder, 111 Conn. App. 271, 958 A.2d 797 (2008), we noted our inability to determine whether this court has subject matter jurisdiction over the present appeal and remanded the case for further fact-finding on that question. Now that the case has returned to us from the trial court, we conclude that we do have subject matter jurisdiction. Thus, the only remaining issue requiring our attention is whether the court properly denied the motions of the defendant, Gary Ryder, to suppress the evidence obtained as a result of the warrantless search of his home and to dismiss the case.")
AC29420 - State v. Bereis ("The defendant... appeals from the judgment of conviction, rendered after a jury trial, of evasion of responsibility in the operation of a motor vehicle in violation of General Statutes § 14- 224 (b) and failure to appear in the second degree in violation of General Statutes § 53a-173. On appeal, the defendant claims that the trial court improperly denied her motion for a judgment of acquittal because the evidence was insufficient to support her conviction.")
AC29892 - State v. Jefferson ("On appeal, the defendant claims that the trial court improperly failed to give an instruction to the jury on intentional manslaughter in the first degree with a firearm in violation of General Statutes §§ 53a-55a and 53a-55 (a) (1), as a lesser offense included within the crime of murder.")
AC29158 - State v. Coleman ("The defendant, Rory Coleman, appeals from the judgment of conviction, rendered after a jury trial, of possession of narcotics with intent to sell by a person who is not drug-dependent in violation of General Statutes § 21a-278 (b), possession of narcotics in violation of General Statutes § 21a-279 (a) and possession of narcotics within 1500 feet of a school in violation of General Statutes § 21a-279 (d). On appeal, the defendant claims that (1) the evidence was insufficient to sustain his conviction and (2) the court improperly instructed the jury.")
AC29029 - State v. Andrews ("The defendant... appeals from the judgment of conviction, rendered after a jury trial, of the crimes of attempt to commit assault in the first degree in violation of General Statutes §§ 53a-49 (a) (2) and 53a-59 (a) (1) and attempt to commit assault of a peace officer in violation of General Statutes §§ 53a- 49 (a) (2) and 53a-167c (a) (1).1 On appeal, the defendant claims that the evidence was insufficient to support his conviction of either of those charges.")
AC28718 - State v. Baptiste ("On appeal, the defendant claims that (1) the trial court inadequately instructed the jury on the essential elements of §§ 53a- 167a and 53a-167c and, consequently, the instruction relieved the state of its burden of proving beyond a reasonable doubt every element set forth in the statutes, and (2) the court improperly permitted the state to question him about his fourteen prior arrests for interfering with a police officer and engaging police officers in pursuit.") Dissent. 5/26/2009
Fernandez v. Commissioner of Correction - SC18247 (Habeas corpus; "[W]hether the habeas court properly found that the actions of the petitioner’s trial counsel, William T. Gerace, in obtaining the trial court’s permission to withdraw from representing the petitioner at his criminal trial, did not amount to ineffective assistance of counsel.")
State v. Cecil J. - SC17890 (Sexual assault; risk of injury;
sixth amendment; rape shield statute §54-86f; Whether Appellate Court properly determined that the trial court’s exclusion of evidence of the victim’s prior sexual conduct was proper because the defendant’s offer of proof lacked the specificity necessary to establish that the evidencewas relevant.)
5/18/2009
State v. Michael H. - SC18195 (Sexual assault fourth degree in violation of § 53a-73a (a) (1) (A); risk of injury to a child in violation of § 53-21 (a) (2); "On appeal, the defendant claims that: (1) the trial court improperly deprived him of his right to a fair trial when it denied his pretrial motion for a 'taint hearing' to assess the reliability and admissibility of the testimony of the victim; and (2) there was insufficient evidence to convict him of both counts.")
State v. Popeleski - SC18250 (Operating motor vehicle while under influence of intoxicating liquor or drugs in violation of § 14-227a (a) (1); reckless driving in violation of § 14-222 (a); evading responsibility in operation of motor vehicle in violation of § 14-224 (b); "The defendant claims that the trial court improperly: (1) excused a juror who had had a dispute with a judicial marshal; and (2) admitted evidence regarding the horizontal gaze nystagmus3 test that had been administered to the defendant prior to his arrest.")
State v. Dupas - SC17954 (Felony murder in violation of § 53a-54c; conspiracy to commit kidnapping in first degree in violations of §§ 53a-48 and 53a-92 (a) (2); conspiracy to commit sexual assault in first degree in violation of §§ 53a-48 and 53a-70 (a) (1) and (3); claim that trial court abused discretion by denying defendant's motion for modification of sentence after defendant testified against codefendant pursuant to agreement with state.)
State v. Bryant - SC18147 (Possession of narcotics in violation of § 21a-279; "In his certified appeal to this court, the defendant claims that the Appellate Court improperly upheld the decision of the trial court to admit into evidence testimony about police investigations into narcotics activity at a nearby house, to which the defendant had fled, and then subsequently failed to give an adequate curative and limiting instruction to the jury.")
State v. Browne - SC18065 (Possession of marijuana; whether seizure of marijuana was lawful under plain view doctrine; validity of warrant that mistakenly authorized search for and seizure of cocaine and crack cocaine instead of marijuana; scrivener's error; severance doctrine; conditional plea of nolo contendere; motion to suppress.)
State v. Melendez - SC18052 (Two counts of sale of narcotics by person who is not drug-dependent in violation of § 21a-278; Two counts of sale of narcotics within 1500 feet of licensed child day care center in violation of § 21a-278; claim that trial court improperly denied defendant's motion to compel state to renew plea offer that defendant previously had rejected; claim that trial court improperly permitted state to introduce into evidence digital video disc (DVD) containing video clips of alleged drug transactions; claim of prosecutorial impropriety.) 5/14/2009State v. Orr - SC18172 ("The defendant claims on appeal that the trial court improperly: (1) concluded that the dangerous client exception to the social worker-client confidentiality rule established in General Statutes § 52-146q (c) (2) extends to in-court testimony, and thus improperly ordered the social worker who had previously treated the defendant to testify; and (2) admitted uncharged misconduct evidence, including the testimony of four witnesses for the state.")
5/11/2009
State v. Sanseverino - SC17786, SC17787 ("This case comes to us on the state’s motion for reconsideration en banc. In State v. Sanseverino, 287 Conn. 608, 949 A.2d 1156 (2008),1 this court concluded, inter alia, that the defendant, Paolino Sanseverino, was entitled to reversal of his first degree kidnapping conviction in light of our decision in State v. Salamon, 287 Conn. 509, 949 A.2d 1092 (2008).... Following the release of our opinion in Sanseverino, the state filed a motion for reconsideration en banc, which we granted. In its motion, the state first contends that this court improperly barred the state from seeking to retry the defendant for kidnapping in the first degree by ordering that a judgment of acquittal be rendered on that charge. Second, the state contends that, if it elects not to retry the defendant for kidnapping, it nevertheless is entitled to a judgment of conviction of unlawful restraint in the second degree under General Statutes § 53a-96 as a lesser included offense of kidnapping in the first degree. As this court recently has acknowledged....")
5/1/2009
State v. Richardson (SC18145) (Motion to dismiss; subject matter jurisdiction; waiver of appearance; missing witness nolle; "[W]hether the trial court had jurisdiction to consider a motion to dismiss filed after the state entered a nolle prosequi without objection." 4/30/2009
Below is a list of criminal law Appellate Court opinions issued in April 2009:
AC27703 - State v. Stuart ("On appeal, the defendant claims that (1) the submission to the jury of certain exhibits that were not entered into evidence violated his right to an impartial jury and warranted a mistrial, (2) the conviction on more than one count of possession of a vehicle with an altered VIN with respect to a single vehicle violated his right against double jeopardy, (3) the statute prohibiting possession of a vehicle with an altered VIN, General Statutes § 14-149, is void for vagueness and (4) there was insufficient evidence to support the convictions of possession of a vehicle with an altered VIN, larceny in the first degree, conspiracy to possess a vehicle with an altered VIN and of conspiracy to commit larceny in the first degree.")
AC28834 - State v. R.K.C. ("The defendant now appeals to this court on four grounds: (1) A’s testimony as to her accusations involving the defendant was impermissible uncharged misconduct and, therefore, not admissible; (2) the court improperly admitted Vitulano’s opinion testimony; (3) the court should have instructed the jury that the victim had a motive in testifying against him; and (4) the court’s limiting instructions as to the constancy of accusation testimony were improper.")
AC28294 - State v. Collazo ("The defendant...appeals from the judgment of conviction, rendered after a jury trial, of possession of a sawed-off shotgun in violation of General Statutes § 53a-211 and criminal possession of a firearm in violation of General Statutes § 53a-217. The defendant also appeals from the judgment of the trial court revoking his probation pursuant to General Statutes § 53a-32. On appeal, the defendant claims that (1) the court improperly (a) failed to order an evaluation of his competency to stand trial and to conduct an independent inquiry as to the need for such an evaluation and (b) failed to give a requested jury instruction on nonexclusive possession, and (2) he was denied a fair trial due to prejudicial prosecutorial impropriety.")
AC28232 - State v. Stephen G. ("The defendant claims that (1) his conviction must be reversed because the record contains no waiver of his right to a jury trial and (2) the evidence was insufficient to establish sexual assault in the third degree.")
AC29141 - State v. Brown ("He claims that (1) the evidence was insufficient to sustain a conviction as to either crime and (2) the court abused its discretion in denying his motion to suppress evidence of his pretrial identification.")
AC29647 - State v. Pereira ("The defendant...appeals from the judgment of conviction rendered after the trial court denied his motions for a judgment of acquittal and a new trial. The defendant claims on appeal that the court improperly admitted evidence of his prior uncharged misconduct.")
AC28791 - State v. Lewis ("On appeal, the defendant claims that (1) the trial court improperly instructed the jury by failing to define the specific intent element on all charges1 and (2) there was insufficient evidence to support his conviction of the charges of possession of narcotics with intent to sell within 1500 feet of a school and possession of drug paraphernalia with intent to use within 1500 feet of a school.") Dissent
AC26569 - State v. Na'im B. ("When this case first came before us, we reversed the judgment of conviction of one count of risk of injury to a child on the ground that the evidence was insufficient to support the verdict of guilty. Upon certification, our Supreme Court concluded that there was sufficient evidence to support the verdict, reversed this court’s judgment and remanded the case to us for consideration of the remaining claims of the defendant,
Na’im B.
The defendant’s remaining claims are that the trial court (1) failed to disclose all relevant material following its in camera review of a file from the department of children and families (department), (2) improperly precluded testimony of a department investigator and (3) improperly precluded evidence of an earlier referral to the department of the victim’s mother.")
AC28567 - State v. Richards ("The defendant...appeals from the judgment of conviction following his conditional plea of nolo contendere1 to possession of a weapon in a motor vehicle in violation of General Statutes § 29-38. The plea followed the trial court’s denial of the defendant’s motion to suppress evidence that the police seized from an automobile that the defendant was driving prior to an investigatory detention by the police of the automobile and its occupants. The defendant argues that the court’s denial of the motion to suppress was improper because the investigatory detention was not constitutionally permissible and the evidence seized from the automobile was the fruit of this police activity.") Dissent
AC28587 - State v. Dixon ("Before sentencing the defendant, the court denied his oral motion to redact the presentence investigation report (report). The defendant claims that with respect to the section of the report devoted to his current personal history, (1) the entire section should be suppressed as materially false and unreliable, or, in the alternative, (2) it should be redacted in large part so as to remove certain references to unreliable innuendo.") Concurrence
AC29896 - State v. Burgos-Torres ("On appeal, the defendant claims that the trial court abused its discretion (1) in admitting the testimony of Michael A. Munoz, one of the state’s witnesses, because the state called him to the witness stand for the primary purposes of impeaching his earlier testimony and bolstering his credibility and in allowing Munoz to testify regarding his inconsistent September 12, 2005 testimony at the defendant’s probable cause hearing and (2) by denying the jury’s request to review inconsistent statements after instructing the jury on the law regarding inconsistent statements. The defendant also challenges his conviction on the ground that the prosecutor engaged in impropriety throughout the trial.")
AC28223 - State v. Towns ("On appeal, the defendant claims that (1) the evidence was insufficient to support his conviction of attempt to commit larceny in the second degree and assault of an elderly person in the third degree and (2) the trial court improperly instructed the jury on attempt to commit escape from custody.")
AC28068 - State v. Marshall ("On appeal, the defendant claims that the court improperly (1) admitted evidence of his prior uncharged misconduct, (2) permitted the state to elicit evidence regarding the possession by the police of a search warrant for the defendant’s person and (3) denied defense counsel’s motion to withdraw.")
AC29620 - State v. Heyliger ("The issue in this appeal is whether, at the time she entered her plea, the defendant was apprised adequately of the nature of the criminal charges against her consistent with the federal constitutional requirement that a guilty plea, to be valid, must be made knowingly and voluntarily.")
AC29170 - State v. Benjamin ("The defendant claims that insofar as it is based on the court’s finding that he assaulted an elderly person, the judgment revoking his probation should be set aside because (1) the evidence did not support the court’s finding and (2) the court, in making such finding, relied on evidence that it should have suppressed.")
4/20/2009
State v. Gelormino - SC18144 ("On appeal from the judgment of conviction, the defendant claims that the trial court improperly declined to consider a sentence of less than five years under General Statutes §21a-283a, which permits a court to depart from the statutorily prescribed mandatory minimum sentence for certain drug related offenses if the defendant previously had not invoked the provisions of §21a-283a. ")
State v. Das - SC18215 ("The defendant, Sanjeeb Das, appeals from the trial court's dismissal of his motion to vacate the judgment of conviction and to withdraw his plea of nolo contendere in connection with the charges of sexual assault in the fourth degree; see General Statutes (Rev. to 2005) §53a-73a; and criminal trespass in the first degree; see General Statutes §53a-107; and the court's denial of his petition for a writ of error coram nobis.") 4/3/2009
State v. Marquez - SC17663 [Felony Murder; Robbery] (“On appeal, the defendant claims that the trial court’s denial of his motion to suppress two eyewitness identifications violated his right to due process of law under both the fourteenth amendment to the United States constitution and article first, § 8, of the Connecticut constitution.”)
3/31/2009
Below is a list of criminal law Appellate Court opinions issued in March 2009:
AC28921 - State v. Donald M. ("On appeal, the defendant claims that the trial court improperly admitted into evidence (1) constancy of accusation testimony and (2) portions of an interview of the victim under the medical treatment exception to the hearsay rule.")
AC27959 - State v. Rosario ("On appeal, the defendant claims that (1) the state adduced insufficient evidence to sustain his conviction of robbery and conspiracy to commit robbery, (2) the court improperly permitted the state to introduce into evidence two inculpatory statements he made to the police in violation of Doyle v. Ohio, 426 U.S. 610, 96 S. Ct. 2240, 49 L. Ed. 2d 91 (1976), (3) the court improperly admitted into evidence an irrelevant photographic array by which the victim identified the defendant’s coconspirator and (4) the court’s canvass of the defendant was insufficient to establish that he waived his right to be tried by a finder of fact who was unaware of the part B information.")
AC28268 - State v. McClelland ("On appeal, the defendant claims that the trial court improperly (1) admitted evidence of his prior misconduct, (2) denied his motion to strike testimony concerning his prior misconduct and (3) found that he was not entitled to an in camera review of records from the department of children and families....")
AC28038 - State v. Jones ("On appeal, the defendant claims that the trial court improperly denied his motion to suppress certain evidence after concluding that (1) the police had not subjected him to a seizure or, in the alternative, that the police had a reasonable and articulable suspicion justifying the seizure, and (2) he did not have standing to challenge the legality of the evidence seized from his hotel room.")
AC28189 - State v. McCarroll ("The pro se defendant, Douglas R. McCarroll, appeals from the judgments of the Superior Court affirming the decision of the family support magistrate denying his motions to open and to set aside certain paternity judgments. The court concluded that the claims contained therein were barred by the doctrine of res judicata.")
AC28849 - State v. Natal ("The defendant, Angel Natal, appeals from the judgment of the trial court revoking his probation and committing him to the custody of the commissioner of correction for two years. The defendant claims that the court improperly (1) admitted testimony regarding the results of his urine tests and (2) considered testimony regarding his participation in inpatient substance abuse programs during the dispositional stage of the probation proceeding.")
AC29283 - State v. Velez ("On appeal, the defendant claims that (1) the trial court (a) inadequately answered the jury’s question concerning the element of intent, (b) improperly instructed the jury with respect to intoxication and (c) improperly permitted the state to crossexamine him with regard to his prior convictions and (2) the prosecutor engaged in prosecutorial impropriety.") Concurrence and Dissent.
AC25517 - State v. Silva ("This appeal is before us on remand from the Supreme Court. In State v. Silva, 285 Conn. 447, 461, 939 A.2d 581 (2008), the Supreme Court reversed our decision in State v. Silva, 93 Conn. App. 349, 889 A.2d 834 (2006), with direction to consider the remaining claim of the defendant, Madalena Silva, on appeal. The remaining claim is that the trial court improperly instructed the jury as to consciousness of guilt.") Dissent. 3/23/2009
State v. Madigosky - SC18263 ("The defendant contends that the trial court: (1) improperly instructed the jury not to consider the affirmative defenses of mental disease or defect and extreme emotional disturbance unless it first determined that the defendant had committed murder; (2) improperly admitted into evidence a statement given by the defendant's mother to the police; and (3) exhibited improper conduct toward defense counsel.")
State v. Cyr - SC17975 ("This matter is the latest in a line of cases raising the question of what acts constitute operation of a motor vehicle for purposes of Connecticut's statutory prohibition against operating a motor vehicle while intoxicated.") 3/19/2009
State v. Alvaro F. (SC18254) (Sexual assault 4th degree; risk of injury; double jeopardy "[T]he defendant claims that his conviction of, and punishment for, both crimes violated his federal and state constitutional rights against double jeopardy, because the crimes of risk of injury to a child and sexual assault in the fourth degree constitute the same offense.") 3/18/2009
State v. Millan (SC18214) (Assault in the first degree; conspiracy to commit assault in the first degree;"The defendant claims on appeal that: (1) there was insufficient evidence to support the conspiracy conviction under § 53a-59 (a) (1); and (2) the admission of uncharged prior misconduct evidence was harmful error.") 3/13/2009
State v. Burnell - SC18139 (Operating motor vehicle while under influence of intoxicating liquor; constitutional protection against double jeopardy; claim that administrative suspension of driver's license by commissioner of motor vehicles (§ 14-227b) following defendant's arrest for operating motor vehicle while under influence of intoxicating liquor constituted conviction for purposes of constitutional prohibition against double jeopardy that barred defendant's subsequent prosecution on criminal charge.) 3/11/2009
State v. Ray - SC17905 (Possession of narcotics; sale of narcotics by a person who is not drug-dependent in violation of § 21a-278 (b); sale of narcotics within 1500 feet of a school in violation of § 21a-278a; possession of drug paraphernalia in violation of §§ 21a-267 and 21a-240 (20); claim that requirement that defendant prove drug dependency by preponderance of evidence was unconstitutional.) 3/2/2009
Below is a list of criminal law Appellate Court opinions issued in February 2009:
AC28872 - State v. Misenti ("On appeal, the defendant claims that the revocation of his probation was sought improperly in retaliation for his having filed motions to withdraw his guilty pleas and to modify his probation and that the evidence presented at his revocation hearing was insufficient to support the court’s finding.")
AC29099 - State v. Moore ("On appeal, the defendant claims that (1) a search of his apartment by his probation officer violated his rights under the fourth amendment to the United States constitution, (2) the evidence was insufficient for the court to conclude that the defendant had violated his probation and (3) the court abused its discretion in revoking the defendant’s probation.")
AC28280 - State v. Smith ("On appeal, the defendant claims that the trial court improperly admitted into evidence the prior sworn testimony of a witness from the defendant’s previous trial.")
AC29894 - State v. Moye ("On appeal, the defendant claims that (1) the evidence was insufficient to support his conviction and (2) the trial court improperly refused to charge the jury as he requested.")
AC28170 - State v. Thornton ("The constitution of Connecticut is unique among state constitutions in providing an inviolate right in criminal cases to question each venireperson outside the presence of other members of the venire panel. See Conn. Const., art. I, § 8;1 Conn. Const., art. I, § 19;2 State v. Robinson, 237 Conn. 238, 247 n.9, 676 A.2d 384 (1996)....The issue in this appeal is whether, under the specific facts of this case involving an allegation of male on male sexual assault and in light of the particular questions asked, the court denied the defendant his constitutional right to question potential jurors regarding their feelings about homosexuality.")
AC29144, AC 29145 - State v. Barnes ("In appealing from the judgments, the defendant claims that (1) there was insufficient evidence to support his conviction of the charges in connection with the May incident, (2) the court improperly joined the two informations for trial and (3) the court improperly instructed the jury on consciousness of guilt.")
AC28908 - State v. Nina M. ("The defendant claims on appeal that the court’s order of no contact with the victim while the defendant was incarcerated was illegal because it was not part of the plea agreement. The defendant argues that her due process rights were violated when the court issued the no contact order after she had pleaded guilty and relinquished her constitutional right to a trial. At oral argument, the defendant stated that she seeks only to have the order of no contact set aside and otherwise does not seek to set aside the sentence imposed by the court.")
AC29039 - State v. Ocasio ("On appeal, the defendant claims that the court improperly denied the motion to suppress the evidence obtained following the investigative or Terry stop of his motor vehicle because the police officers did not possess a reasonable and articulable suspicion of criminal activity to justify the stop. See Terry v. Ohio, 392 U.S. 1, 21–22, 88 S. Ct. 1868, 20 L. Ed. 2d 889 (1968).")
AC27951 - State v. Sells ("On appeal, the defendant claims that the trial court improperly (1) allowed an expert medical witness to testify that the injuries suffered by the victim were ‘‘serious,’’ (2) denied his motion to suppress evidence taken from his motor vehicle, which was seized without a warrant and without his consent, and (3) denied his Batson challenge.")
AC29002 - State v. Riggsbee ("On appeal, the defendant claims that (1) the court improperly failed to consider, sua sponte, consent as a defense to criminal violation of a protective order and (2) the evidence was insufficient to disprove beyond a reasonable doubt that he acted in self-defense in regard to the charge of assault in the third degree.")
AC29893 - State v. Bell ("On appeal, the defendant claims that the trial court improperly (1) admitted hearsay testimony, (2) admitted evidence of an Amber Alert and (3) instructed the jury regarding consciousness of guilt.") 2/26/2009
Bryant vs. Commissioner of Correction - SC17896 (Manslaughter; habeas corpus; ineffective assistance of counsel; "Whether trial counsel for the petitioner, Bernale Bryant, rendered ineffective assistance by failing to present four independent witnesses whose testimony, the petitioner claims, would have supported a third party culpability defense and substantially impeached the evidence presented against the petitioner.")
2/17/2009
State v. Bonner - SC17628 ("The defendant claims that the trial court improperly (1) denied his motion to dismiss for lack of a speedy trial, (2) denied him his constitutional right to be present at all critical stages of the prosecution because he was not present at various discussions regarding potential conflicts of interest involving the office of the public defender, and (3) admitted the murder weapon and testimony relating to its chain of possession over the defendant's objections on grounds of relevance, prejudice and hearsay.") 2/6/2009
State v. Beavers - SC17778 (Arson murder; attempted murder; arson in first degree; "The principal issue in this appeal is whether, in an arson murder trial, testimony by the defendant’s former wife about his prior uncharged misconduct, including his burning of their house trailer for insurance money, his statement to her that he previously had committed arson for hire, and his threat to burn down their home, was admissible under § 4-5 (b) of the Connecticut Code of Evidence.") 2/2/2009
State v. Robinson - SC18115 ("The sole issue in this certified appeal is whether probable cause existed to arrest the defendant...for criminal trespass in the third degree in violation of § 53a-109 (a) (1), when the opening in the concrete wall in the front of the premises at issue did not have a gate, and there was no sign prohibiting entry posted on the premises.") 1/30/2009
Below is a list of criminal law Appellate Court opinions issued in January 2009:
AC27602 - State v. Brown ("On appeal, the defendant claims that the trial court improperly violated his sixth amendment right of confrontation by allowing testimonial hearsay statements to be admitted. We conclude that the defendant’s sixth amendment rights were violated and, accordingly,...")
AC28536 - State v. Wells ("The defendant, Ryshon Wells, appeals from the judgment of the trial court revoking his probation pursuant to General Statutes § 53a-32. The defendant claims that the court (1) improperly found that he violated conditions of his probation and (2) abused its discretion in revoking his probation and ordering him to serve the unexecuted portion of his original sentence.")
AC28566 - State v. Fontaine ("The state, with permission of the trial court, appeals from the judgment of the trial court following the granting of the motion of the defendant, Richard Fontaine, to dismiss the charges of operating a motor vehicle while under the influence of intoxicating liquor or drugs under General Statutes § 14-227a and operating a motor vehicle while his license was suspended under General Statutes § 14-215. The state claims that the court improperly granted the defendant’s motion to dismiss because a moped falls within the definition of ‘‘motor vehicle’’ for the purposes of being charged with the crime of operating a motor vehicle while under the influence of intoxicating liquor or drugs and with operating a motor vehicle while his license was suspended, and, as such, there was sufficient cause to bring the defendant to trial.")
AC28174 - State v. Rose ("On appeal, the defendant claims that the trial court improperly (1) denied his motion for a judgment of acquittal because the evidence was insufficient to support his conviction and (2) compelled him to wear prison garb during trial.") Dissent.
AC28476 - State v. Faison ("He claims that the trial court improperly denied his motions (1) seeking immunity for a certain witness and (2) to introduce testimonial evidence from a defense investigator.")
AC28923 - State v. Shuck ("On appeal, the defendant claims that the court violated his constitutional right to due process by failing to give him full access to his probation file. He also claims prosecutorial impropriety, alleging that the prosecutor did not inform the court of a prior order of the court that conducted pretrial proceedings concerning the availability of the probation file.")
AC27000 - State v. Vilchel ("The defendant raises claims related to the assault charges; he claims that the trial court deprived him of his due process right to a fair trial by (1) failing to instruct the jury to consider whether his conduct was justified in light of illegal conduct by the police, (2) failing to instruct the jury concerning the defense of renunciation and (3) referring to the police as victims during its charge.")
AC26554 - State v. Winer ("The defendant...appeals from the judgment of conviction, rendered after a jury trial, of failing to comply with the sex offender registration requirements of General Statutes § 54-251 (a). The remaining claims before us are whether (1) there was sufficient evidence to support the defendant’s conviction and (2) the court properly instructed the jury. We affirm the judgment of the trial court..")
AC28290 - State v. Manware ("The state, with permission of the trial court, appeals from the judgment dismissing the information filed against the defendant, Lawrence J. Manware. The dispositive issue in this appeal is whether the court improperly granted the defendant’s motion to dismiss without holding an evidentiary hearing to resolve disputed issues of fact.")
State v. Jose G. - SC17973 ("The sole issue in this certified appeal is whether the Appellate Court improperly declined to review the defendant’s claim that the trial court improperly had admitted into evidence certain testimony regarding prior incidents of uncharged sexual abuse that the defendant allegedly had perpetrated against the victim.") 1/26/2009State v. Myers - SC17925 (“The state appeals from the judgment of the Appellate Court, which vacated the defendant’s sentence on the ground that the trial court committed plain error when it sentenced the defendant as a repeat offender under General Statutes § 21a-277 (a) without first obtaining a plea from the defendant and, if necessary, conducting a trial on the issue as Practice Book § 42-22 requires. The state claims that it was not plain error for the trial court to forgo a ‘‘part B’’ trial under the factual and procedural circumstances of this case.”) 1/23/2009
State v. Wallace - SC17759 (“On appeal, the defendant claims that the trial court improperly: (1) denied his motion to suppress a tape-recorded statement that he made to police after waiving his Miranda rights; and (2) failed to recharge the jury on the application of the reasonable doubt standard to the defendant’s claim of self-defense after the jury sent the trial court a note asking to be reinstructed on the definition of reasonable doubt.”) 1/20/2009
State v. Carrasquillo - SC17568 ("On appeal, the defendant claims that (1) because he was only fifteen years old when he committed the murder, the statutory scheme subjecting him to a twenty-five year mandatory minimum sentence violates the cruel and unusual punishments clause of the eighth amendment to the United States constitution, and (2) his right to a fair trial was violated when the state’s attorney, during closing argument, improperly attributed a motive to the defendant that was unsupported by the evidence.") 1/8/2009
Small v. State - SC17950 (Petition for new trial; motion for review; certification improvidently granted (1) "Does this court have jurisdiction to consider a petition for certfication from the denial of relief on a motion for review? ...and (2) Is the Appellate Court's ruling consistent with our decision in State v. Casiano, 282 Conn. 614, 922 A.2d 1065?") 1/5/2009
Carpenter v. Commissioner of Correction - SC18197 (Habeas corpus; manslaughter; ineffective assistance of counsel "...[W]hether the habeas court properly rejected petitioner's claim that he had been deprived of effective assistance of counsel in Carpenter I because his appellate counsel had failed to challenge the basis of the court's remand order and thereby protect the petitioner's right to a jury finding on recklessness, an essential element of manslaughter in the first degree under §53a-55 (a)(3).") 1/1/2009
Below is a list of criminal law Appellate Court opinions issued in December 2008:
AC29001 - State v. Re ("On appeal, the defendant claims that his constitutional right not to be placed in double jeopardy was violated as a result of his conviction and sentencing on all four charges. We affirm in part and reverse in part ....")
AC28626 - State v. Stephens ("On appeal, the defendant claims that the trial court improperly denied his motion for a judgment of acquittal because the state failed to introduce sufficient evidence to establish beyond a reasonable doubt that he was the individual who caused the victim’s injuries.")
AC28889 - State v. Cyrus ("In this case, the state sought to justify a Terry stop by alleging an automobile operator’s violation of General Statutes § 14-99f (c), which prohibits the attachment of objects to a car so as ‘‘to interfere with the operator’s unobstructed view of the highway or to distract the attention of the operator.’’ The state appeals from the judgment of the trial court dismissing the charges against the defendant because, in the court’s view, the state did not establish that he had violated the statute.")
AC28652 - State v. Easton ("The defendant, Curtis Easton, appeals from the judgment of the trial court, rendered following a hearing, revoking his probation pursuant to General Statutes § 53a-32 and imposing the remainder of his sentence. On appeal, the defendant claims that the chronology of his proceedings violated his due process rights because he was denied his sixth amendment right to present a defense by having to invoke his fifth amendment right against self-incrimination.")
AC27547 - State v. Spikes ("On appeal, the defendant claims that (1) the evidence presented at trial was insufficient to support the convictions of larceny in the second degree, burglary in the third degree, burglary in the second degree and attempt to commit burglary in the second degree, (2) the trial court instructed the jury improperly on the definition of ‘‘value,’’ (3) General Statutes § 53a-121, which defines the word ‘‘value’’ for purposes of Connecticut’s larceny offenses, is unconstitutionally vague, (4) the court improperly granted the state’s motion to consolidate multiple claims against him and (5) his right to a fair trial was violated because the prosecutor improperly attempted to shift the burden of proof to the defendant.")
AC28876 - State v. Torres ("The defendant... appeals from the judgment of conviction, rendered after a jury trial, of larceny in the third degree in violation of General Statutes § 53a-124 (a) (2) and forgery in the third degree in violation of General Statutes § 53a-140.1 The defendant claims that the evidence was insufficient to sustain a conviction as to either of these crimes.")
AC27755 - State v. Akande ("On appeal, the defendant argues that (1) the third count of the information charging him with forgery in the second degree was defective and failed to charge him with a crime, (2) the court improperly instructed the jury by failing to include in its charge the definition of ‘‘issuing or possessing’’ a forged document and (3) the court improperly admitted into evidence an audiotape containing a message from his brother.")
AC28554 - State v. Wilson ("On appeal, the defendant has raised three claims: (1) the trial court improperly denied his motion to suppress the evidence seized during a search of his vehicle; (2) certain comments made by the prosecutor in closing argument constituted prosecutorial impropriety; and (3) the court’s jury instructions regarding reasonable doubt were constitutionally infirm.")
AC28741 - Holliday v. State ("On appeal, the petitioner claims that the court abused its discretion in denying the petition for certification to appeal and improperly determined that his petition for a new trial was time barred because it was filed outside the three year statute of limitations.1 Specifically, he claims that the court improperly found that he had failed to present evidence that the statute of limitations should be tolled because the state department of veterans’ affairs had fraudulently concealed evidence..")
AC28424 - State v. Mungroo ("On appeal, the defendant claims that the trial court improperly (1) denied her motion for a judgment of acquittal in which she claimed that there was insufficient evidence that she had failed to disclose a material fact in her claim for workers’ compensation benefits, (2) denied her motion for a mistrial founded on testimony that she had invoked her right to counsel and (3) instructed the jury.")
AC28258 - State v. Osimanti ("On appeal, the defendant claims that the trial court (1) denied him his constitutional and statutory rights to present relevant self-defense evidence, (2) improperly instructed the jury on self-defense, (3) failed to inquire adequately into alleged juror bias and (4) improperly instructed the jury on reasonable doubt.")
AC29064 - State v. Bryant ("The defendant claims that the trial court improperly failed to grant his motions for a judgment of acquittal because there was insufficient evidence to support the jury’s findings.")
AC29000 - State v. Collins ("On appeal, the defendant claims that the trial court improperly admitted evidence of his involvement in a shooting that took place several months prior to the events that led to the current prosecution. We conclude that the danger of unfair prejudice resulting from the admission of that evidence far outweighed its probative value. Accordingly, we....")
AC29517 - State v. Felix ("The defendant was sentenced to a total effective term of forty years imprisonment. On appeal, the defendant claims that his right to a fair trial was violated due to prosecutorial improprieties.")
AC28296 - State v. Cotto ("The defendant...appeals from the judgment dismissing his petition for a writ of error coram nobis or audita querela. The defendant claims impropriety in the court’s holding that it lacked jurisdiction to hear his petition.")
AC28965 - State v. Siminausky ("On appeal, the defendant claims that he did not enter knowing, intelligent and voluntary guilty pleas because his decision to plead guilty pursuant to a plea agreement was influenced by promises made by his attorneys outside of that agreement.")
AC29196 - State v. Bouteiller ("On appeal, the defendant claims that the court improperly (1) denied his motion to suppress the pretrial identification made by the victim because it violated his due process rights, (2) based its finding that he violated his probation on insufficient evidence and (3) abused its discretion by revoking his probation.") 12/29/2008
State v. Gould - SC18108 ("The defendant appeals from the judgment of conviction of § 21a-278 (b), claiming that: (1) this court’s previous cases construing § 21a-278 (b) and General Statutes § 21a-2694 to require the defendant to prove by a preponderance of the evidence that he was drug-dependent were wrongly decided; and (2) if those cases were decided correctly, the requirement that the defendant prove his drug dependency under §§ 21a-278 (b) and 21a-269 violates his due process right to have every element of the offense proved beyond a reasonable doubt. The defendant also challenges his conviction on all of the charges on the ground that the prosecutor engaged in impropriety during closing arguments.")
State v. Ray - SC17905 ("Sale of narcotics by person who is not drug-dependent; possession of narcotics; sale of narcotics within 1500 feet of school; possession of drug paraphernalia; claim that trial court improperly determined that defendant was not drug-dependent at time of offenses; challenge to previous case law construing applicable drug dependency statutes (§§ 21a-278 [b] and 21a-269) to require defendant to prove drug dependency by preponderance of evidence; claim that §§ 21a-278 (b) and 21a-269 unconstitutionally placed burden of proof on defendant; claim that trial court's conclusion that defendant was not drug-dependent at time of offenses was improper; whether trial court applied improper evidentiary standard in concluding that defendant was required to produce direct evidence of drug dependency and that evidence of lengthy history of drug dependency was not probative.")
12/22/2008
State v. Bowman-SC17699 ("Murder in violation of § 53a-54a; arson in violation of § 53a-112 (a) (1) (B); tampering with physical evidence in violation of § 53a-155 (a) (1); reviewability of unpreserved claim on appeal under State v. Golding (213 Conn. 233); definition of "extreme" in affirmative defense of extreme emotional disturbance, discussed; whether admission of allegedly gruesome photographs of murder victim violated defendant's due process right to fair trial.") 12/17/2008
State v. Jones - SC18143 ("The defendant claims that reversal is required because the trial court improperly (1) permitted the jury to consider the charge of first degree reckless assault under count two of the information after it had found him not guilty of the lesser included offense of assault in the third degree in violation of General Statutes § 53a-61 (a) (3) (third degree negligent assault) under count one of the information, (2) failed to instruct the jury on assault in the third degree in violation of § 53a-61 (a) (2) (third degree reckless assault) as a lesser included offense of first degree reckless assault under count two of the information, (3) failed to instruct the jury on assault in the second degree in violation of General Statutes § 53a-60 (a) (1) (second degree intentional assault without a dangerous instrument) and assault in the third degree in violation of § 53a-61 (a) (1) (third degree intentional assault) as lesser included offenses of assault in the first degree in violation of § 53a-59 (a) (1) (first degree intentional assault with a dangerous instrument) under count one of the information, and (4) instructed the jury on self-defense.") 12/10/2008
State v. Singer - SC17727 (Violation of probation; certification from Appellate Court; whether Appellate Court properly determined that defendant's appeal challenging finding of violation of probation was not moot; decision of Appellate Court summarily affirmed.) 12/1/2008
Rowe v. Superior Court SC17718 (Criminal contempt; writ of error; single continuous act of contempt; whether trial court improperly found defendant had committed a second, separate act of contempt in his repeated refusals to provide testimony as a witness in a criminal trial.)
Below is a list of criminal law Appellate Court opinions issued in November 2008:
- AC29215 - State v. Jagat (“The defendant...appeals from the judgment of conviction, rendered after a trial to the court, of two counts of sexual assault in the fourth degree in violation of General Statutes § 53a- 73a (a)(2)....The defendant makes two challenges to the sufficiency of the evidence adduced at trial. The defendant claims that there was insufficient evidence of his intent and that there was insufficient evidence of sexual contact....”)
- AC28271 - State v. Khuth ("On appeal, the defendant claims that the trial court improperly (1) denied his motion to suppress his statement, (2) failed to alleviate the jury’s apparent confusion over the meaning of the word ‘‘aided’’ as used in § 53a-59 and (3) denied his motion for judgment of acquittal which he based on his claim that the state failed to prove that he was aided by two or more persons when committing the assault on one of the two victims....We conclude....")
- AC29231 - State v. Aziegbemi ("On appeal, the defendant claims that (1) the evidence was insufficient to sustain his conviction of attempt to commit risk of injury to a child under the ‘‘situation’’ prong of § 53-21 (a) (1), and (2) § 53-21 (a)(1) is unconstitutionally vague as applied in this case.")
- AC28448 - State v. Ryder ("This case arises out of the discovery of a large reptile in the defendant’s home by the Greenwich police during a warrantless search of the premises...[the defendant] appeals from the judgment of conviction....")
- AC28496 - State v. Walters ("The principal issue to be decided in this case is whether, to obtain a conviction under General Statutes § 14-227a (a) (1), the behavioral portion of the statute prohibiting the operation of a motor vehicle while under the influence of intoxicating liquor or drugs, the state must prove that a defendant driver, after being properly stopped for a motor vehicle infraction, actually had difficulty driving the motor vehicle because of the intoxicating liquor or drugs.")
- AC28433 - State v. Arcia ("The defendant...appeals from the judgment of conviction, rendered after a jury trial, of sexual assault in the second degree in violation of General Statutes § 53a-71 (a) (1) and risk of injury to a child in violation of General Statutes § 53-21 (a) (2). He alleges evidentiary error and instructional impropriety.")
- AC28580 - State v. Jason B. ("On appeal, the defendant claims that (1) the evidence was insufficient to sustain his conviction and (2) the court's failure to grant his motion for a new trial was a violation of his due process rights.")
- AC29018 - State v. Wright ("The defendant claims that the trial court improperly instructed the jury regarding a theory of criminal liability for which no evidence had been introduced at trial.")
- AC27836 - State v. Fleming ("On appeal, the defendant claims that the trial court improperly (1) denied his motion for a judgment of acquittal because the evidence was insufficient to support his conviction and (2) instructed the jury on the crime of attempt to commit assault in the first degree.")
- AC28622 - State v. Mauro ("On appeal, the defendant challenges the validity of the waiver of his right to a jury trial.")
- AC29080 - State v. Daly ("The dispositive issue in this appeal is whether a trial court has jurisdiction to consider an objection to the entry of a nolle prosequi filed seven weeks after the nolle was entered in the defendant’s presence.")
- AC29052 - State v. Peay ("The pro se plaintiff in error...brings a writ of error challenging the decision of the defendant in error, the sentence review division of the Superior Court (panel), affirming his sentence. On appeal, the plaintiff in error claims that the panel abused its discretion and violated his constitutional rights in concluding that he had a long criminal record..."Although we are solicitous of the fact that the [plaintiff in error] is a pro se litigant, the statutes and rules of practice cannot be ignored completely....We are not required to review issues that have been improperly presented to this court through an inadequate brief."")
11/17/2008
State v. Smith - SC17731 ( "On appeal, the defendant contends that the trial court: (1) violated his right to a speedy trial when it improperly denied his motion to dismiss the charges against him following the entry of a nolle prosequi of the state’s initial charges; and (2) violated both his constitutional rights under the confrontation clauses
of the federal and state constitutions and the rules of evidence when it admitted into evidence a recorded conversation between a coconspirator and a jailhouse informant that implicated the defendant in the crimes charged.") State v. Blake - SC18185 ( "In this certified appeal, the defendant claims that the Appellate Court should have considered and agreed with his claim that the trial court improperly had refused to defer his sentencing on the violation of probation matter until after the disposition of his underlying criminal charges, and that the trial court’s failure to grant him a continuance at the dispositional phase of his probation hearing eviscerated his right of allocution. He contends that, because the trial court would not grant his request for a continuance, his right to allocution was not meaningful.") 11/12/2008
State v. Allen - SC17701 ("The defendant, Anthony Allen, directly appeals, pursuant to General Statutes § 51-199 (b) (3), from the trial court’s judgment of conviction of capital felony...") 11/10/2008State v. Holness - SC17958 ("On appeal, the defendant claims that his rights under the confrontation clause of the sixth amendment to the United States constitution, which is made applicable to the states through the due process clause of the fourteenth amendment, were violated when the trial court permitted the state (1) to cross-examine him with certain hearsay statements made by an unavailable declarant, and (2) to introduce into evidence a written statement given to the police by a witness who disavowed knowledge of that statement during his trial testimony.") 11/7/2008
State v. King - SC18093 (Sale of narcotics; sale of narcotics within 1500 feet of school; claim that trial court improperly failed to instruct jury on defense of entrapment; claim that trial court improperly instructed jury on accessorial liability where evidence did not support instruction; claim that prosecutorial impropriety during state's cross-examination of defendant and defense witness and during state's closing argument deprived defendant of right to fair trial; claim that prosecutor's remarks violated trial court's ruling on defendant's motion in limine limiting references to defendant's prior felony convictions; claim that evidence was insufficient to support defendant's conviction of selling narcotics within 1500 feet of school.) 10/31/2008
Below is a list of criminal law Appellate Court opinions issued in October 2008:
- AC27797 - State v. Thomas (“On appeal, the defendant claims that the trial court improperly precluded her from presenting relevant evidence and cross-examining witnesses. She further claims that the state engaged in prosecutorial impropriety in its questioning of two witnesses and that the evidence was insufficient to sustain her conviction of assault in the third degree.”)
- AC28140 - State v. Kalican ("On appeal, the defendant claims that the court improperly (1) denied his motion to suppress a statement he made to the police, (2)admitted into evidence a document he wrote during his pretrial detention, (3) denied his claim that the state, during jury selection, exercised a peremptory challenge in a racially discriminatory manner and (4) failed to instruct the jury with respect to a photograph that had been admitted into evidence.")
- AC27628 - State v. Williams ("The defendant claims that the evidence adduced at trial was insufficient to support his conviction..."In reviewing the sufficiency of the evidence to support a criminal conviction we apply a two-part test...."")
- AC24295 - State v. Preston ("This matter is now before us on remand from our Supreme Court. The defendant, Tyree D. Preston, appealed from the judgments of the trial court revoking his probation and imposing a two year sentence of incarceration...On appeal, this court dismissed the defendant’s first claim as moot...After considering the merits of the defendant’s claim on remand....")
- AC28911 - State v. Buehler ("The defendant, Richard H. Buehler, appeals from the judgment of the trial court, terminating his participation in the accelerated pretrial rehabilitation program on the basis of his arrest on subsequent charges. We reverse the judgment of the trial court.")
- AC28649 - State v. Custer ("On appeal, the defendant claims that the court improperly found her to be ineligible for the pretrial alcohol education program (program) because she failed to meet the requirements of General Statutes § 54-56g.")
- AC28534 - State v. Wells ("The defendant claims that the court improperly failed, sua sponte, to declare a mistrial when (1) drugs that had not been introduced as evidence were found intermixed with properly introduced evidence in the jury room, (2) the jury heard testimony that the gun had been fired prior to his arrest and (3) the jury heard testimony that a gun recovered upon his arrest was stolen property.")
State v. Johnson SC17190
(Murder; propensity evidence; whether the "...trial court improperly (1) granted the state’s motion to consolidate for trial the three counts of murder upon concluding that the evidence of each murder was cross admissible as to the other two murders to prove both intent and a common plan or scheme, and (2) permitted the state to adduce expert testimony characterizing the three murders as serial killings." 10/27/2008
State v. Kemah SC18148(Sexual assault second degree; "[w]hether the complainant waived the statutorily protected confidentiality of her mental health records under General Statutes §§ 52-146d and 52-146e, so that the trial court had no gatekeeping function prior to disclosing the records to the defendant, because: (1) the complainant had executed releases for those records in favor of the state; and (2) those records in turn were disclosed to the state.") 10/8/2008
State v. Zubrowkski SC17942 (Murder; jury instructions; The defendant claimed that the trial court improperly had (1) denied his motion to suppress statements he had made to police, (2) instructed the jury as to the effects of medication and alcohol on his ability to form the specific intent to kill and (3) admitted evidence of his prior misconduct. 9/15/2008State v. Burroughs - SC17894 (Possession of narcotics with intent to sell by person who is not drug-dependent; marijuana; motion to suppress evidence of drugs; certification from Appellate Court; whether Appellate Court correctly concluded that defendant was illegally seized when officers exited their police cruiser, which they pulled up behind defendant's vehicle without activating their siren or flashing lights, and began to approach defendant's vehicle; whether defendant was seized within meaning of article first, §§ 7 and 9, of Connecticut constitution; whether there was show of police authority sufficient to cause reasonable person in defendant's position to believe that he was not free to leave.) 9/11/2008State v. Gore - SC17769 (Assault of employee of department of correction; claim that defendant's waiver of right to jury trial was not knowing, intelligent and voluntary because made by defense counsel rather than by defendant personally; claim that defendant's silence and failure to object to waiver demonstrated valid waiver; exercise of supervisory authority over administration of justice to authorize that when defendant seeks to waive right to jury trial but does not provide signed written waiver, trial court must engage in brief canvass of defendant to ensure waiver is knowing, intelligent and voluntary.) 9/5/2008
State v. Snelgrove - SC17467 (Criminal; Whether Evidence of the Defendant's Prior Misconduct was more Prejudicial than Probative; Whether Alleged Third Party Confession was Sufficiently Trustworthy to have been Admitted into Evidence as a Statement Against Penal Interest.) 9/4/2008
State v. Foreman - SC17697 (Criminal; Search and Seizure; Whether Motion to Suppress DNA Evidence was Properly Denied; Whether Defendant's Right to Access Counsel Pursuant to State v. Stoddard was Violated; Whether Foundational Requirements for Admission of Scientific Evidence were Satisfied.)
State v. Sargeant - SC17698 (Criminal; Sufficiency of the Evidence; Whether there was Sufficient Evidence to Support the Defendant's Convictions for Four Counts of Sexual Assault in the First Degree.) 8/25/2008
State v. Jenkins - SC18018 (Criminal; Final Judgment; Mental Competency; Whether Maximum Period of Placement Under General Statutes § 54-56d (i) was Exceeded.) 8/18/2008
State v. Arthur H.- SC18100 (Risk of injury to child; guilty plea; appeal from judgment ordering defendant to register as sex offender for period of ten years following release from prison; statutory (§ 54-254) sex offender registry pursuant to provision of state's Megan's Law; whether order to register as sex offender must be predicated on finding that defendant poses risk of reoffending or danger to public safety; whether finding that offense committed for sexual purpose justifies order of sex offender registration; 'sexual purpose' defined; whether order of registration abuse of trial court's discretion; whether failure of trial court to hold evidentiary hearing prior to ordering registration requirement violated defendant's right to due process)
8/11/2008
State v. DeJesus - SC17710, 17711 Sexual assault first degree; kidnapping first degree; certification from Appellate Court; claim that Appellate Court improperly determined that kidnapping statute (§ 53a-92 [a] [2] [A]) was unconstitutionally vague as applied to defendant's conduct because he restrained victim during course of sexual assault only; whether Appellate Court, in reversing defendant's kidnapping conviction, improperly remanded case with direction to render judgment of not guilty rather than for new trial; claim that Appellate Court improperly affirmed trial court's admission of evidence of uncharged prior misconduct involving another young woman; whether this court had authority to reconsider liberal standard for admission of uncharged sexual misconduct evidence in sex crime cases despite adoption of Connecticut Code of Evidence; whether nature of sex crimes warranted limited exception to prohibition on admission of uncharged misconduct evidence to prove that defendant had propensity to engage in aberrant and compulsive criminal sexual behavior; claim that trial court's improper admission of evidence of uncharged misconduct under common scheme or plan exception was harmless.
State v. Burney - SC18098 (Sexual assault first degree; sexual assault second degree; kidnapping first degree; risk of injury to child; threatening second degree) 8/4/2008
State v. Mullins - SC18097 (Criminal; Search and Seizure; Whether Confession was Given During a Custodial Interrogation Without Miranda Warnings and was the Product of Police Coercion.) 7/31/2008
State v. Na'im B. - SC17923 (Criminal; Risk of Injury; Sufficiency of the Evidence; Whether Evidence Supported Finding that Defendant Delayed Seeking Medical Attention for the Victim.) 7/30/2008
State v. Johnson- SC17267 (Murder in violation of § 53a-54a (a); carrying pistol without permit in violation of § 29-35; claim that defendant was deprived of his right to fair trial by impartial jury; inquiry pursuant to State v. Brown (235 Conn. 502) regarding possible juror misconduct; claim that trial court was required to conduct extensive inquiry, pursuant to State v. Santiago (245 Conn. 301), into whether race of spectators affected jurors' impartiality; claim that trial court improperly denied request for adverse inference instruction; claim that trial court deprived defendant of his rights to due process and to confront witnesses against him; claim that trial court improperly charged jury on consciousness of guilt; whether defendant's claim was reviewable; whether trial court properly instructed jury on reasonable doubt) 7/18/2008
State v. Griggs - SC18049 (Attempted murder; burglary first degree; robbery first degree; larceny first degree; larceny second degree; violation of probation). 6/25/2008
State v. Sanseverino- SC17786, SC17787 (Kidnapping first degree; sexual assault first degree; attempt to commit sexual assault first degree;motion to sever offenses and for separate trials; certification from Appellate Court; whether confinement of victims was merely incidental to and necessary for commission of sexual assault and therefore not separately chargeable under kidnapping statute §53a-92 [a] [2] [A]; intent element of kidnapping statutes; kidnapping and unlawful restraint distinguished; whether defendant unduly prejudiced by trial court's denial of motion to sever charges; whether trial court improperly permitted defendant's former wife to testify as rebuttal character witness; harmful error).
State v. Salamon- SC17610 (Kidnapping second degree; unlawful restraint first degree; risk of injury to child; claim that defendant's kidnapping conviction should be reversed because, contrary to controlling precedent, trial court should have instructed jury to find defendant not guilty of kidnapping if it first found that defendant's restraint of victim in connection with kidnapping was incidental to his assault of victim; whether this court should reexamine its interpretation of this state's current kidnapping statutes §53a-91 et seq.; this court's prior construction of kidnapping statutes, overruled; whether prosecutorial improprieties denied defendant fair trial; claim that trial court's instructions on crime of first degree unlawful restraint, when viewed in aggregate, were misleading).
6/19/2008State v. Boyle - SC17966 (Operating motor vehicle while under influence of intoxicating liquor or drugs; modification of probation statute (§53a-30); claim that trial court improperly granted motion by office of adult probation to modify conditions of defendant's probation to include sex offender evaluation and treatment; whether sex offender evaluation and treatment were reasonably related to defendant's conviction of driving under influence of alcohol; certification from Appellate Court; claim that appeal should be dismissed as moot because defendant was discharged from probation during pendency of appeal; whether judgment of Appellate Court should be vacated; vacatur of judgment, discussed. 6/18/2008
State v. Lynch - SC17996 (Failure to pay wages; claim by defendant that trial court improperly denied request to charge jury that he had agreement with employees whereby they agreed to defer receipt of wages due until company could obtain sufficient revenue to pay them; claim that agreement absolved defendant of criminal liability under statute (§ 31-71b) prohibiting withholding of wages due;conclusion that agreement was contrary to public policy and was not valid defense to crime of failure to pay wages). 5/27/2008
State v. Cook - SC17995 (Carrying dangerous weapon; claim that trial court's instructions were constitutionally deficient because court failed to instruct jury that, for jury to find defendant guilty of carrying dangerous weapon, the state was required to prove that defendant's use or threatened use of table leg to confront victim constituted "true threat"; whether trial court's instructions could have led jury to find defendant guilty on basis of expressive conduct that did not rise to level of true threat, in violation of first and fourteenth amendments to United States constitution). 5/21/2008State v. Koczur - SC18058 (Neglect of animals; petition to remove cats from defendant's possession; claim that trial court improperly based finding of neglect on dictionary definition of neglect; whether statute (§ 53-247 [a])prohibiting cruelty to animals pertained to neglectful conduct and could provide basis for finding that animal was neglected under statute (§ 22-329a) permitting removal of neglected animals; claim that § 22-329a was unconstitutionally vague as applied because it failed to define neglect.) [Docket Summary] 4/21/2008State v. Simpson - SC18051 - Sexual assault in first degree; risk of injury to child; claim that trial court improperly admitted portions of victim's prior videotaped interview with investigator from child guidance clinic in which victim stated that defendant had sexually assaulted her; whether child victim's videotaped interview properly admitted as prior inconsistent statement for substantive purposes under rule of State v. Whelan (200 Conn. 743); refusal to review defendant's unpreserved claim that statements in videotaped interview were inadmissible under Whelan rule because they were not made under circumstances that demonstrated their reliability and trustworthiness; claim that admission of videotaped interview violated defendant's confrontation clause rights under Crawford v. Washington (541 U.S. 36) because statements were testimonial in nature and declarant was functionally unavailable for cross- examination. [docket summary] State v. Winer - SC17889 - Failure to comply with sex offender registration requirements; certification from Appellate Court; whether Appellate Court properly determined that defendant was entitled to dismissal of charge because charge was nolled automatically by operation of statute (§ 54-142a [c]) for state's conduct resulting in more than thirteen month delay to start of trial; statutory interpretation; whether statement by state's attorney that case would remain on trial list constituted ``continuance'' at request of state under § 54-142a (c). [docket summary] 4/16/2008
State v. Cote - SC18014 [Criminal; Environmental Protection; Whether Court Properly Instructed Jury on Federal, Rather than State, Definitions of "Storage" and "Disposal" Pertaining to Hazardous Waste; Mistake of Law Defense; Prosecutorial Impropriety.] [docket summary] 4/14/2008
State v. Grant - SC18005 [Criminal; Search and Seizure; Whether a Search Warrant that Authorized the Seizure of a Sample of Defendant's Blood was Supported by Probable Cause; Whether Defendant was Entitled to a Franks Hearing.]
4/9/2008
State v. Johnson - SC17939 [docket summary] [Criminal ; search and seizure; totality of the circumstances test; whether trial court properly denied defendant's motion to suppress tangible evidence seized as a result of his warrantless arrest; whether court's jury instructions restricted defendant's right to an effective closing argument]
3/17/2008
State v. T.R.D. - SC17865 [docket summary - Criminal; Sex Offender Registry; Whether Department of Public Safety had Duty to Attempt to Contact Defendant after he Failed to Respond to Department's Address Verification Letters in Compliance with Sex Offender Registration Requirements; Whether Trial Court's Jury Instructions on Crime of Failing to Comply with Registration Requirements were Proper.]
o SC17865 Dissent 3/10/2008
The following opinion was released on 3/10/08:
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State v. Davis - SC17829 [docket summary] (Assault in the first degree; consolidation of multiple charges for trial; whether the joint trial of the... informations resulted in substantial prejudice to the defendant because the evidence adduced in the Standberry case was brutal and shocking in nature and, therefore, inflamed the passions of the jurors beyond the curative powers of the trial court’s instructions)
SC17829 Concurrence
The following Supreme Court opinion was released today:
State v. Betts -SC17994 [docket summary] (Risk of injury, sexual assault in the third degree; assault in the third degree; unlawful restraint in the first degree; interfering with emergency call; motion to suppress; search & seizure; whether victim's mother was an agent of the police for purposes of the fourth amendment to the United States Constitution, and article first, section 7, of the State Constitution, when, after telling police officers about an incriminating letter authored by the defendant, she retrieved that letter at their request from the bedroom that she shared with him; whether retrieval of letter violated State Constitution because defendant, who was present, did not consent)
3/5/2008There was one Connecticut Supreme Court opinion released today
State v. John M.- SC17398 [docket summary] (Sexual assault in the first degree in violation of § 53a-70 (a) (2), sexual assault in the second degree in violation of § 53a-71 (a) (1), and risk of injury to a child in violation of § 53- 21 (a) (2); constitutional right to present defense; certification from Appellate Court.) 2/13/2008
The following Supreme Court opinion was released today:
- Crawford v. Commissioner of Correction - SC17882 [docket summary] (Habeas corpus; whether petitioner was procedurally defaulted from raising claim of ineffective assistance of counsel in connection with entry of guilty plea because he failed to raise the claim at trial or on direct appeal; whether trial counsel rendered ineffective assistance by failing to present evidence of alleged negligence by police during high-speed pursuit of petitioner).
The following Connecticut Supreme Court opinion was released today:
- Johnson v. Commissioner of Correction - SC17883 [docket summary] (Habeas corpus; whether the petitioner seeking a writ of habeas corpus who has not moved to withdraw his guilty plea pursuant to Practice Book §39-27(4), or challenged his plea on direct appeal, is procedurally defaulted from prevailing in a habeas action in which he claims that his trial counsel provided ineffective representation in connection with his plea).
2/11/2008
The following Supreme Court opinin was released today:
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State v. John F.M.. - SC17677 [docket summary] (Criminal; whether the evidence was sufficient to establish that the defendant was the victim's stepfather; whether §53a-72a (a)(2) violates equal protection by discriminating on the basis of sexual orientation).
2/1/2008There was one Connecticut Supreme Court opinion released today:
- State v. Silva - SC17638 [docket summary] (Interfering with officer; breach of peace second degree; certification from Appellate Court; whether evidence sufficient to support defendant's conviction of interfering with officer by refusing to produce requested driver's license and motor vehicle information and by leaving scene of accident to take injured brother to hospital; standard of review of sufficiency of evidence claim; intent.)
1/28/2008
State v. Kalphat - SC17932 [docket summary] (Criminal; Search and Seizure; Standing; Whether Defendant had Standing to Challenge Search and Seizure of Packages, not Addressed to him, that he Picked up at Private Freight Carrier.) 1/11/2008State v. Slater - SC17794 (Confrontation clause of the sixth amendment; proposed jury instructions; sexual assault in the first degree; kidnapping in the first degree; violation of § 53a-70 (a) (1) and § 53a-92 (a) (2) (B)). State v. Martin - SC17802 ("The principal issue in this certified appeal is whether the state introduced sufficient circumstantial evidence to support a permissive inference by the jury that the defendant had knowledge that a package contained illegal narcotics, considering the defendant’s actions before, during and after a controlled delivery of the package".)
12/3/2007
State v. Arroyo - SC17804
(Sexual assault in first degree; sexual assault in fourth degree; risk of injury to child; attempt to commit risk of injury to child; claim that trial court improperly declined to instruct jury on third party culpability defense; claim that trial court abused discretion in admitting, under constancy of accusation doctrine, testimony of victim's teacher regarding victim's statements that defendant had abused her; claim that trial court abused discretion in denying defendant's motions to dismiss trial counsel).
Dickinson v. Mullaney - SC16514
(Habeas corpus; certification from Appellate Court; whether habeas court properly determined that petition barred by equitable defense of laches; whether failure of habeas court to make specific finding of inexcusable delay by petitioner in bringing action rendered improper its decision denying petition; clearly erroneous standard of review of habeas court's findings; appellant's burden of providing adequate record for review; motion for articulation; alternate grounds to affirm Appellate Court judgment). 11/9/2007
State v. Khadijah - SC17801
(Failure to appear first degree; certification from Appellate Court; whether Appellate Court improperly concluded there was insufficient evidence from which jury could have concluded beyond reasonable doubt that ``wilfully fails to appear'' element of statute (53a-172 [a] [1]) was proven by state; certification improvidently granted.). 11/5/2007
State v. Randolph. - SC17352
(Robbery first degree; conspiracy to commit robbery first degree; felony murder; criminal possession of firearm; claim that trial court improperly consolidated two cases stemming from robbery of fast food restaurant and robbery of pizza restaurant for trial; whether evidence in each case was admissible in other case to establish existence of common scheme or plan; whether consolidation of cases for trial, if improper, was harmless; claim that trial court abused discretion by denying defendant's request to waive presence at probable cause hearing). |
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