Criminal Law

Decision

State v. Bell

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Monday, May 13, 2013

An individual who commits a first-degree assault with a firearm, and who qualifies as a persistent, dangerous felony offender, can be sentenced to 45 years in prison.

Decision

Krynski v. Connecticut Adult Probation Service

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Monday, May 13, 2013

A habeas petitioner can prove that trial counsel's concurrent representation of another client resulted in an actual conflict of interest that adversely affected trial counsel's performance.

Decision

State v. Franko

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Monday, May 13, 2013

There is case law in Connecticut that speaks to the highly prejudicial nature of prior uncharged sexual misconduct evidence; however, the presence of other factors can overcome such prejudicial nature.

Decision

State v. Nasheed

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Monday, May 13, 2013

An individual who allegedly commits a first-degree robbery, which has a penalty of 20 years in prison, and who qualifies as a persistent dangerous felony offender, can be sentenced to 40 years in prison.

Decision

U.S. v. Sanderson

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Monday, May 6, 2013

A defendant can be ordered to pay restitution in an amount sufficient to cover the estimated costs of the victim's future psychological treatment.

Decision

U.S. v. Robinson

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Monday, May 6, 2013

To convict a defendant of conspiracy, the government is not required to identify individuals with whom the defendant allegedly engaged in a conspiracy, and evidence that the defendant interacted with them when he accepted and sold drugs and that the defendant called one of them "my man," may be sufficient to convict.

Decision

U.S. v. Logan

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Monday, May 6, 2013

A cooperative criminal defendant may receive a three-level reduction, for "acceptance of responsibility," if "the defendant has assisted authorities in the investigation or prosecution of his own misconduct by timely notifying authorities of his intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the government and the court to allocate their resources efficiently," pursuant to U.S. Sentencing Guidelines §3E1.1(b).

Decision

State v. Smith

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Monday, May 6, 2013

An individual who is convicted of possession of an illegal pistol can be sentenced to five years in prison.

Decision

State v. Nicholson

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Monday, May 6, 2013

A court may grant a defendant's motion to suppress evidence, if the defendant's waiver of his Miranda rights was not knowing, intelligent and voluntary. Allegedly, a victim was stabbed, and the defendant, Cargil Nicholson, was arrested.

Decision

Skakel v. Warden

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Monday, May 6, 2013

An individual who files a petition for a new trial is not required to raise all potential habeas claims.