Criminal Law
Decision
State v. Peeler
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- Subscription Required
Monday, May 27, 2013
A court can order the state to disclose phone records to a defendant who plans to prove that he was not in contact with the state's witness on a particular date.
Decision
State v. Wilson
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- Subscription Required
Monday, May 27, 2013
At trial, the burden rests with the state to prove that joinder will not substantially prejudice a defendant and on appeal, the burden rests with the defendant to demonstrate, as stated in the 21012 Supreme Court case of State v. LaFleur, "that joinder was improper by proving substantial prejudice that could not be cured by the trial court's instructions to the jury?"
Decision
State v. Underwood
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Monday, May 27, 2013
A trial court is correct to deny a proposed instruction regarding the credibility of accomplice testimony, if there is insufficient evidence from which a jury reasonably could conclude that the witness was an accomplice.
Decision
State v. Santiago
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Monday, May 27, 2013
Following a competency report, the trial court's failure to hold a competency hearing pursuant to Connecticut General Statutes §54-56d(e) and to render an explicit finding on the record as to the issue of competency did not constitute reversible error where, based on defense counsel's course of conduct, the defendant waived his right to such hearing and finding on the record regarding his competency to stand trial.
Decision
State v. Miranda
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Monday, May 27, 2013
Connecticut General Statutes §53a-64bb, provides that "[n]o person shall be found guilty of strangulation in the second degree and unlawful restraint or assault upon the same incident?"
Decision
Burgos-Torres v. Commissioner of Correction
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- Subscription Required
Monday, May 27, 2013
A mere theoretical division of loyalties is insufficient to demonstrate an actual conflict of interest.
Decision
State v. Shields
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- Subscription Required
Monday, May 27, 2013
The fourth amendment to the federal constitution and article first, §7 of the state constitution require a showing of probable cause prior to the issuance of a search warrant and, here, probable cause supported the issuance of a search warrant where the issuing judge reasonably could have concluded from the affidavit in support of the warrant that the defendant fit the profile of a collector of child pornography over the Internet by acknowledging sexually abusing one child and using the Internet to attempt to procure from a known collector of child pornography, the photograph of another child for the purpose of sexual gratification.
Decision
State v. Medrano
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- Subscription Required
Monday, May 27, 2013
Trial courts are to refrain in the future from instructing jurors, when a defendant testifies, that they may specifically consider the defendant's interest in the outcome of the case and the importance to him of the outcome of the trial.
Decision
State v. Kader
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- Subscription Required
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. Lombardi
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- Subscription Required
Monday, May 20, 2013
A court possesses discretion to deny a request for accelerated rehabilitation for an individual charged with disorderly conduct.
