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Law Libraries' NewsLog > Posts > Appellate Court Opinions - Criminal Law (September 2009)
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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.") |
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