Criminal Law
Decision
de la Cruz v. U.S.
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Monday, May 20, 2013
Evidence that a petitioner was able to maintain employment, pay bills timely and make decisions about the education of her children, and that she orally indicated that she comprehended criminal charges and the legal process, may be sufficient to establish a petitioner pled guilty knowingly, intelligently and voluntarily, even if an expert opines that the petitioner could be mildly mentally retarded.
Decision
Flaquer v. U.S.
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Monday, May 20, 2013
To prove that trial counsel provided ineffective assistance at sentencing, a petitioner may be required to prove that trial counsel's decision was unreasonable and that the petitioner suffered prejudice as a result.
Decision
State v. Narcise
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Monday, May 20, 2013
To prevail on a defense of not guilty as a result of mental disease or defect, a defendant must prove: 1.) he suffers from a mental disease or defect that was not caused by consuming a drug; and 2.) he lacks substantial capacity to comprehend the wrongfulness of or to control his conduct.
Decision
State v. Lombardi
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Monday, May 20, 2013
A court possesses discretion to deny a request for accelerated rehabilitation for an individual charged with disorderly conduct.
Decision
State v. Kader
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Monday, May 20, 2013
A court can find that a delay of nearly 15 months between the date that an arrest warrant is issued and the date that a defendant is arrested is not reasonable.
Decision
State v. Stovall
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Monday, May 20, 2013
To conform with precedent, for a conviction of possession of narcotics with intent to sell within 1500 feet of a public housing project violating Connecticut General Statutes §21-278a(b), the trial court must inform the jury that the defendant intended to sell the narcotics in his possession within 1500 feet of a public housing project.
Decision
Morales v. Chapdelaine
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Monday, May 20, 2013
The District Court does not possess the power to appoint a magistrate judge to serve as an independent investigator of a habeas petitioner's claim that he was falsely identified.
Decision
Francis v. Commissioner of Correction
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Monday, May 20, 2013
A judge's involvement in more than one stage of a criminal case does not per se create an appearance of partiality requiring disqualification.
Decision
Fernandes v. Commissioner of Correction
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Monday, May 20, 2013
Appellate counsel's performance was not deficient in pursuing the novel issue of a juvenile's right to a pretransfer hearing in juvenile court, rather than criminal court, when there was no indication that at the time counsel made his decisions as to what course to take on appeal, that his decisions were illogical.
Decision
State v. Carattini
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Monday, May 20, 2013
For a witness who does not meet the definition of a jailhouse informant, a special credibility instruction under the Connecticut Supreme Court's 2005 decision in State v. Patterson and 2009 decision in State v. Arroyo, is not required.
