Connecticut Criminal Caselaw Handbook

  • ID: 2126916
  • Book
  • Region: United States
  • 545 pages
  • ALM Media, LLC
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The advent of the Appellate Court in 1983 brought with it an explosion of criminal decisions. This proliferation of criminal caselaw created an urgent need for a system of analyzing these decisions and organizing them in a logical manner. This book analyzes all criminal decisions of substance, beginning with the October 1983 term. Where necessary, criminal decisions released prior to 1983 and decisions of the Supreme Court of the United States have been cited to provide an understanding of the caselaw development. Includes the 1992 Special Supplement
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1. I. CHARGING DOCUMENTS

A. GENERAL PRINCIPLES
1. Specific Applications
B. CONSTITUTIONALLY REQUIRED SPECIFICITY
1. The Alleged Time of the Offense
2. The Place Of The Offense
3. Sufficiency Of Allegations In The Information
4. Inconsistent Charges/Motions To Elect
C. REQUESTS FOR FURTHER SPECIFICITY
1. Bill of Particulars
2. Substitute Information
D. DISJUNCTIVE/CONJUNCTIVE CHARGING
E. DUPLICITY
F. AMENDING THE INFORMATION
1. The Pretrial/At-Trial Distinction
2. Pretrial Amendment
3. Amendment During Trial
G. PERSISTENT-OFFENDER ALLEGATIONS
H. VARIANCE BETWEEN CHARGE AND PROOF
I. DISMISSAL OF CHARGING DOCUMENTS

II. THE RIGHT TO COUNSEL

A. WHEN THE RIGHT ATTACHES
1. The Initation Of Criminal Proceedings
B. INDIGENT DEFENDANTS
1. Constitutional Requirements
2. Substitute Counsel
3. Statutory Requirements
C. CHOICE OF COUNSEL
D. WAIVER OF THE RIGHT TO COUNSEL
E. THE DEFENDANTUS "RIGHT TO BE HEARD BY HIMSELF" AND HIS ROLE IN DECISION-MAKING
F. THE RIGHT TO CONFLICT-FREE REPRESENTATION
1. General Principles
2. Joint Representation
G. THE ATTORNEY WHO MAY BE A WITNESS
H. JUDICIAL INTERFERENCE WITH THE RIGHT TO ASSISTANCE OF COUNSEL
I. THE ATTORNEY-CLIENT PRIVILEGE
J. INEFFECTIVE ASSISTANCE OF COUNSEL
1. The Standard
2. The Proper Forum for Raising the Claim
3. Cases of Claimed Ineffectiveness at Trial
4. Cases of Claimed Ineffectiveness Leading to a Guilty Plea
5. Ineffective Assistance of Counsel on Appeal

III. THE PROBABLE CAUSE HEARING

A. GENERAL PRINCIPLES
B. TIME REQUIREMENTS
1. Waiver Of The 60-Day Requirement
2. Continuances
C. DISCOVERY FOR PROBABLE CAUSE HEARING
1. Introduction
2. Findings Reviewed
D. REVIEWABILITY ON APPEAL
E. SUCCESIVE HEARINGS

IV. DISCOVERY

A. GENERAL PRINCIPLES
B. EXCULPATORY INFORMATION AND MATERIAL
1. The Duty To Disclose
2. The Meaning of "Exculpatory"
3. Material in the StateUs Possession
4. Suppression or Delayed Disclosure
5. Materiality
6. The Duty to Preserve
C. THE PRODUCTION OF STATEMENTS
1. General Principles
2. The Meaning of "Statement"
3. Disclosure of Statements
4. The Consequences of Non-Disclosure
D. PRODUCTION OF CONFIDENTIAL RECORDS PERTAINING TO A WITNESS
1. General Principles
2. Records Relating to the Witness's Mental Health
3. Rape Crisis Center Records
4. D.C.Y.S. Records
5. "Erased" Trill Transcripts
6. Transcript of Grand Jury Testimony
E. DISCOVERY FOR PROBABLE CAUSE HEARINGS
F. DISCLOSURE OF AN INFORMERUS IDENTITY
G. BLOOD TESTING SEXUAL ASSAULT VICTIM
H. ALIBI
I. PSYCHIATRIC EXAMINATION OF THE DEFENDANT

V. GUILTY PLEAS

A. ENTERING THE GUILTY PLEA
1. The Different Ways Of Pleading Guilty
2. Canvass of the Plea
3. Acceptance of the Plea
4. Consequences of the Plea
B. WITHDRAWAL OF THE GUILTY PLEA
1. The Practice Book Standard
2. The Constitutional Standard
3. Post-Sentence Review and Habeas Corpus
C. SUFFICIENCY OF THE CANVASS
1. The Nature of the Charge
2. Mandatory Minimum and Non-Suspendible Sentences
3. Maximum Possible Sentence for the Crime
4. Waiver of Rights
5. Defendant's Voluntary Choice
6. Plea Bargain Compliance
7. Factual Basis for the Plea
D. MATTERS OUTSIDE THE CANVASS AFFECTING THE PLEAUS VOLUNTARINESS
1. Competency of the Defendant
2. Competency of Counsel
3. Judicial Participation in Plea Bargaining
E. CONDITIONAL GUILTY PLEAS

VI. SUPPRESSION OF A DEFENDANTUS STATEMENTS

A. CONSTITUTIONALLLY REQUIRED WARNINGS
1. Warnings Required Under the Federal and State Constitutions
2. Additional Advisement Required Under the Connecticut Constitution
B. APPLICATION OF CONSTITUTIONAL REQUIREMENTS
1. Custody
2.Interrogation
C. REPEATED WARNINGS
D. CONSTITUTIONAL WAIVER OF MIRANDA RIGHTS
E. INVOCATION OF RIGHTS DURING INTERROGATION
F. WAIVER IN ABSENCE OF STODDARD ADVISEMENT
G. WAIVER OF SIXTH AMENDMENT RIGHT
H. VOLUNTARINESS OF THE CONFESSION
I. "CAT-OUT-OF-THE-BAG" CONFESSION
J. CONFESSIONS AND FOURTH AMENDMENT VIOLATIONS
K. APPELLATE REVIEW OF THE ADMISSIBILITY OF CONFESSIONS
L. ERRONEOUSLY ADMITTED CONFESSIONS
M. STATUTORY PREREQUISITES TO ADMISSIBILITY
N. USE OF AN INADMISSIBLE STATEMENT
O. IMPERMISSIBLE USE OF A DEFENDANTUS SILENCE
P. DEFENDANTUS STATEMENTS DURING PSYCHIATRIC EVALUATION

VII. SEARCH & SEIZURE

A. CONSTITUTIONAL BASES
B. STATUTORY AND PRACTICE BOOK BASES
1. Search Warrants
2. Arrest Warrants
3. In Rem Proceedings
C. THE EXCLUSIONARY RULE
1. State Constitutional Provisions
2. The "Good Faith" Warrant Exception
3. Inevitable Discovery Rule
4. The Exclusionary Rule's Balancing Test
D. PROTECTED AREAS AND INTERESTS
1. Unreasonable Expectations of Privacy
2. The Home
3. Curtilage
4. Businesses
5. Vehicles
6. Personal Effects
7. Electronic Surveillance
E. SEARCH WARRANTS
1. Probable Cause
2. Probable Cause under the Kimbro Test
3. Probable Cause under the Gates Test
4. Particularity Requirements
5. Attacking the Warrant's Allegations under Franks v. Delaware
6. Execution of the Warrant
7. Nontestimonial Evidence from the Defendant
8. Wiretaps and Electronic Surveillance
F. WARRANTLESS SEARCHES
1. Plain View Seizures
2. Consent to Search
3. Exigent Circumstances
4. Search Incident to a Custodial Arrest
5. Search Incident to a Terry Stop
6. Auto Searches
7. Inventory Searches
G. ARREST WARRANTS
1. Remedy for an Illegal Arrest
2. Probable Cause Supporting the Warrant
3. Attacking the Warrant's Allegations under Franks v. Delaware
4. Execution of the Warrant
5. Dismissals
H. MINIMAL SEIZURES AND ARREST SEIZURES OF THE PERSON
1. Minimal Seizures
2. Arrest Seizures
I. INVESTIGATORY STOPS
1. Terry Stops
2. Auto Stop
3. Detention
4. Relocation of the Defendant
J. WARRANTLESS ARRESTS
K. DERIVATIVE EVIDENCE
L. APPELLATE CONCERNS
1. Reviewability
2. The Trial Court's Decision
3. Harmless Error

VIII. SUPPRESSION OF IDENTIFICATIONS

A. GENERAL PRINCIPLES
B. PHOTOGRAPHIC IDENTIFICATION
1. Preservation of the Array by Police
2. Pictorial Recurrence
3. Uniqueness of the Defendant's Photograph Suggestive
4. Uniqueness of the Defendant's Not Suggestive
5. Single-Photograph Viewings
6. Accidental Identification from Photographs
7. Sequestration of Witnesses Prior to Viewing Photographs
8. Miscellaneous Photograph Identification Cases
C. ONE-ON-ONE CONFRONTATIONS
1. On-the-Scene Confrontations
2. Hospital-Room Show-Ups
3. On-the-Street Show-Ups
4. Arraignment Observations
5. Accidential Confrontation Between a Witness and a Suspect
D. LINEUPS
E. VIDEOTAPED LINEUP
F. IN-COURT IDENTIFICATION
G. THE STATEUS BURDEN TO DEMONSTRATE THAT AN INVALID IDENTIFICATION DID NOT TAINT SUBSEQUENT IDENTIFICATIONS
H. APPELLATE REVIEW OF TRIAL COURT RULINGS PERTAINING TO IDENTIFICATION TESTIMONY
I. HEARSAY EVIDENCE OF IDENTIFICATION

IX. JOINDER AND SEVERANCE

A. JOINDER AND SEVERANCE OF OFFENSES
1. Similarity of the Offenses
2. The State's Orderly Presentation of the Evidence
3. Shocking Nature of the Offenses
4. Inadmissible Evidence
5. The Defendant's Decision to Testify
6. Jury Instructions
B. JOINT TRIAL OF SEVERAL DEFENDANTS
1. General Principles
2. The Constitutional "Breton Rule"

X. DOUBLE JEOPARDY

A. THE SCOPE OF PROTECTION
B. THE PROHIBITION OF MULTIPLE CONVICTIONS FOR THE SAME OFFENSE IN A SINGLE TRIAL
1. The Two-Step Analysis
2. The "Same Act or Transaction"
3. Determining Whether Two Offenses Are the Same Offense
4. Multiple Convictions Based on Multiple Violations of the Same Statute
C. THE PROTECTION AGAINST SUCCESSIVE TRIALS
1. The Rationale for a Broader Scope of Double Jeopardy Protection
2. The Broader "Same Offense" Test for Successive Prosecution Cases
3. The Reason For The Termination of the Prior Prosecution
4. Collateral Estoppel
5. Waiver of a Double Jeopardy Claim at the Second Trial
6. Reprosecution Following a Successful Appeal by a Defendant
D. PERMISSIBLE POST-TRIAL APPEALS BY THE STATE

XI. SPEEDY TRIAL

A. PRE-ACCUSATION DELAY
1. Actual, Substantial Prejudice
2. Reasons for the Delay
B. POST-ACCUSATION DELAY
1. The Statutory and Practice Book Rule Speedy Trial Requirements
2. Constitutional Grounds 164 ME
3. The State's Lack of Diligence in Preparing for Trial
C. POST-ACCUSATION DELAY FOR PERSONS SERVING A SENTENCE ON A DIFFERENT CRIME
1. In-State Prisoners
2. Out-of-State Prisoners

XII.CONTINUANCES

A. GENERAL PRINCIPLES
B. CONTINUANCE DUE TO THE UNAVAILABILITY OF COUNSEL
C. CONTINUANCE TO OBTAIN NEW COUNSEL
D. CONTINUANCE TO PREPARE A DEFENSE
1. Insufficient Familiarity with the Case
2. Inspection of Physical Evidence
3. Inspection of Evidence by a Defense Expert
E. CONTINUANCE TO LOCATE A WITNESS OR RENDER A WITNESS AVAILABLE
1. Missing Defense Witness
2. Missing Prosecution Witness
3. Unavailability of Codefendant Until After his Sentencing
4. Unavailable Defense Expert

XIII. JURY TRIAL

A. AVAILABILITY
1. Constitutional and Statutory Requirements
2. Applications of the Petty Offense Rule
3. Defendant's Waiver of the Right
4. Defendant's Post-Arraignment Right to a Court Trial

B. JURY SELECTION
1. Pretrial and Trial Publicity
2. The Jury Array
3. The Jury Panel
4. Selection of Individual Jurors
C. THE IMPANELED JURY
1. Juror Oaths
2. The Jury in a Bifurcated Trial
3. Polling the Jury
D. JUROR MISCONDUCT
1. Misconduct Caused or Invited by the Trial Court
2. Misconduct Occurring During Voir Dire
3. Misconduct During The Taking of Evidence
4. Misconduct During Deliberations
5. Defendant's Right to be Present at the Hearing on Juror Misconduct

XIV. THE RIGHT OF CONFRONTATION

A. GENERAL PRINCIPLES
B. THE RIGHT TO PHYSICAL CONFRONTATION
1. The Use of Hearsay Evidence
2. Excluding the Defendant from the Presence of a Testifying Minor Victim
C. THE RIGHT OF CROSS-EXAMINATION
1. General Principles
2. Trial Court Restrictions on the Scope of Cross-Examination
3. Admission of a Report Prepared by a Non-Witness
4. The Use of Privileged Information in Cross-Examination
5. The Use of a WitnessUs Prior Testimony in a CodefendantUs Trial
6. The Witness who Exercises His Privilege Not to Testify
7. The Witness Who Fails to Return for Cross-Examination
D. WAIVER OF THE RIGHT OF CONFRONTATION

XV. PRESENTING THE CASE FOR THE DEFENSE
A. THE RIGHT TO PRESENT A DEFENSE

B. A GENERAL OVERVIEW OF DEFENSES IN CONNECTICUT
1. Statutory Defenses
2. Common Law Defenses
C. INCONSISTENT DEFENSES
D. THE TRIAL COURTUS OBLIGATION TO INSTRUCT ON APPLICABLE DEFENSES
E. PARTICULAR DEFENSES
1. Defenses and Evidence Relating to a Defendant's Mental State
2. Duress
3. Entrapment
4. The Use of Force in Defense of Self or Another
5. The Use of Physical Force in Defense of Premises
6. The Use of Physical Force to Regain Property or to Prevent Larceny or Criminal Mischief
7. The Affirmative Defense to Felony Murder
8. The Affirmative Defense of Cohabitation
9. The Affirmative Defense to Robbery in the First Degree
10. Alibi
11. Evidence that Another Person Committed the Crime
12. Mistake of Fact
13. The Common Law Right to Resist an Unlawful Entry by Police
14. The Year and a Day Rule
F. OPENING STATEMENTS

XVI. EVIDENTIARY PRINCIPLES AND PROBLEMS COMMON TO CRIMINAL CASES

A. OBJECTING TO THE ADMISSION OF EVIDENCE
1. The Rule Regarding Objections and Exceptions
2. The Failure To State The Specific Grounds For Objection
3. The Failure To Take An Exception To The Ruling
4. Continuing Exceptions
5. Evidence Admitted Without Objection
B. MAKING THE OFFER OF PROOF WHEN SEEKING TO HAVE EVIDENCE ADMITTED
C. COMPETENCY OF WITNESSES
1. General Principles
2. The Child Witness
3. Posthypnosis Testimony
D. CLAIMS OF PRIVILEGE
1. General Principles
2. The Privilege Against Self-Incrimination
3. Privileged Marital Communications
4. Attorney-Client Communications
5. No Physician-Patient Privilege
6. Nondisclosure of Information Pertaining To Treatment For Drug Dependency or Alcoholism
7. Communications Between a Battered WomenUs Counselor or Sexual Assault Counselor and a Victim
E. JUDICIAL NOTICE
F. RULING ON THE ADMISSIBILITY OF EVIDENCE
1. General Principles
2. Weighing Probative Value Against Prejudicial Tendencies
3. The Admissibility of Evidence of the Defendant's Misconduct Offered by the State For Purposes Other Than Impeachment
4. The Admissibility of Evidence of Prior Misconduct or Conviction to Impeach a Defendant
5. The Admissibility of Evidence of the Defendant's Prior Misconduct or Conviction During Cross-Examination of a Character Witness
6. A Defense Witness's Failure To Report the Defendant's Alibi
7. Evidence Relevant To The Defendant's State of Mind
8. Evidence Relevant to Consciousness,br> 9. Evidence of a Third-Party Culprit
10. The Relevancy of a Witness's Prior Conviction or Misconduct
11. The Relevancy of a Witness's Mental Condition
12. The Relevancy of the Victim's Violent Character
13. The Relevancy of the Victim's Prior Sexual Conduct in a Sexual Assault Prosecution
14. Matters Relevant to the Bias or Interest of a Prosecution Witness
15. Miscellaneous Evidence Relevant to the Defendant's Involvement in the Crime
16. Evidence of a Defendant's Willingness to Take a Polygraph Test
17. The Admission of Physical Evidence
18. Miscellaneous Relevancy Rulings
19. "Negative Testimony"
20. The Scope of Examinations and Rebuttal
G. HEARSAY
1. The Exceptions to the Hearsay Rule of Exclusion
H. EXPERTS AND THEIR OPINIONS
1. General Principles
2. Scientific Evidence
3. Particular Subjects
I. LAY OPINION EVIDENCE
1. General Principles
2. Testimony Regarding Character
J. TESTIMONY CONCERNING LOST OR DESTROYED EVIDENCE
K. IMPEACHING ONEUS OWN WITNESS
L. THE PROHIBITION OF EXTRINSIC EVIDENCE OF MISCONDUCT FOR THE PURPOSE OF IMPEACHMENT
M. RECALLING A WITNESS AND REOPENING THE CASE
1. Recalling a Witness
2. Reopening the Case
N. THE RELUCTANT SUBPOENAED WITNESS
O. SEQUESTRATION
P. IN-COURT DEMONSTRATIONS
Q. JURY VIEW

XVII. PROSECUTORIAL MISCONDUCT

A. GENERAL PRINCIPLES
B. COMMENT ON DEFENDANT'S FAILURE TO TESTIFY
1. General Principles
2. Specific Applications
C. PERSONAL EXPRESSION OF OPINION
1. General Principles
2. Specific Applications
D. INJECTION OF FACTS NOT IN EVIDENCE
1. General Principles
2. Specific Applications
E. COMMENTS ON ALIBI WITNESSES' PRETRIAL SILENCE
1. General Principles
2. Specific Applications
F. INJECTION OF EXTRANEOUS MATTERS
1. General Principles
2. Specific Applications
G. APPEAL TO EMOTION
1. General Principles
2. Specific Applications
H. COMMENTS ON A MISSING WITNESS
1. General Principles
2. Specific Applications
I. WHERE MISCONDUCT MAY BAR NEW TRIAL
J. IMPROPER EXERCISE OF DISCRETION
1. General Principles
2. Specific Applications

XVIII. JUDICIAL MISCONDUCT

A. CONDUCT DURING TRIAL
1. General Principles
2. Specific Applications
B. PARTICIPATION IN PLEA BARGAINING
1. General Principles
2. Specific Applications

XIX. OFFENSES AND SUFFICIENCY OF THE EVIDENCE

A. SUFFICIENCY OF THE EVIDENCE
1. The Standard of Review on Appeal
2. The Standard of Proof
3. Insufficiency Claims at the Trial Level
4. Principles of Factfinding
5. Time and Date of the Offense
6. Criminal Liability for Acts of Another
B.CONSPIRACY
1. Conspiratorial Agreement
2. Overt Act
3. Intent
C. ATTEMPT
1. The Mental State Required
2. Substantial Step To Commit A Crime
D. HOMICIDE
1. The Cause of Death
2. Murder
3. Felony Murder
4. Arson Murder
5. Capital Felony
6. Manslaughter In The First Degree
7. Manslaughter In The Second Degre
8. Manslaughter In The Second Degree With A Motor Vehicle
9. Criminally Negligent Homicide
E. ASSAULT AND RELATED OFFENSES
1. Assault in the First Degree
2. Assault In The Second Degree
3. Assault In The Second Degree With A Motor Vehicle
F. SEXUAL ASSAULT OFFENSES
1. General Principles
2. Sexual Assault In The First Degree
3. Sexual Assault In The Second Degree
4. Sexual Assault In The Third Degree
5. Sexual Assault In The Fourth Degree
6. Attempted Sexual Assault
7. Aiding Sexual Assault
G. KIDNAPPING AND UNLAWFUL RESTRAINT
1. Kidnapping
2. Unlawful Restraint
H. BURGLARY, ARSON, AND RELATED OFFENSES
1. Burglary
2. Criminal Trespass In The First Degree
3. Manufacturing Or Possession Of Burglar Tools
4. Arson
I. LARCENY, ROBBERY, AND RELATED OFFENSES
1. Larceny
2. Criminal Impersonation
3. Robbery
J. FORGERY AND RELATED OFFENSES
I. FORGERY IN THE SESOND DEGREE
K. BRIBERY, OFFENSES AGAINST THE ADMINISTRATION OF JUSTICE AND RELATED OFFENSES
1. Bribe Receiving
2. Tampering With A Witness
3. Perjury
4. Hindering Prosecution
5. Interfering With An Officer
6. Assault On A Peace Officer or Fireman
L. ESCAPE AND RELATED OFFENSES
1. Escape
2. Failure To Appear
M. BREACH OF PEACE AND RELATED OFFENSES
1. Breach Of Peace
2. Creating A Public Disturbance
3. Disorderly Conduct
N. RISK OF INJURY TO CHILDREN
O. WEAPONS OFFENSES
1. Carrying And Sale Of Dangerous Weapons
2. Carrying A Pistol Or Revolver Without A Permit
3. Weapons In A Motor Vehicle
4. Possession Of A Sawed-Off Shotgun Or Silencer
P. DRUG OFFENSES
1. Nature Of The Drug
2. Possession Offenses
3. Sale Of Drugs
Q. MISCELLANEOUS OFFENSES
1. Coercion
2. Obscenity
3. Storing Hazardous Waste Without A Permit

XX. JURY CHARGE

A. STANDARD OF REVIEW
B. REASONABLE DOUBT
1. General Principles
2. Specific Applications
C. PRESUMPTION OF INNOCENCE
1. General Principles
2. Specific Applications
D. CIRCUMSTANTIAL EVIDENCE
1. General Principles
2. "More Probable Than Not" Cases
3. Harmful Error Where Mental State In Issue
4. No Error/Harmless Error Cases
E. WITNESS CREDIBILITY
1. Motive or Interest of Culpable Victim
2. Accomplice Testimony Charge
3. Eyewitness Identification
4. The Defendant's Credibility
5. Prior Consistent Statements
6. Alibi Witness
7. Hypnosis
8. Reputation Evidence
9. Police Officer Testimony
F. ENLARGEMENT OF THE OFFENSE CHARGED
1. General Principles
2. Specific Applications
G. UNANIMITY AS TO SPECIFIC CONDUCT
1. General Principles
2. Specific Applications
H. INSTRUCTIONS ON A METHOD OF COMMITTING THE OFFENSE UNSUPPORTED BY THE EVIDENCE
1. General Principles
2. Specific Applications
I. LESSENING THE STATEUS BURDEN ON ONE OR MORE ESSENTIAL ELEMENTS
1. Failing To Instruct As To An Essential Element
2. Watering Down An Essential Element
3. Stating or Implying That A Particular Element Not Really Disputed
4. Stating or Implying That The Case Rests On A Single Issue
5. Stating That One or More Elements Established If Certain Facts Proved
6. Emphasizing Where Defense Not Established
7. Pronouncing An Accomplice Guilty Of A Crime
8. Erroneously Permitting Statutory Presumption of Intoxication
J. LESSER-INCLUDED OFFENSES
1. The First Prong
2. The Second Prong
3. The Third Prong
4. The Fourth Prong
5. Reviewability
6. The StateUs Right To A Lesser Included Offense Instruction
K. THE NO-ADVERSE-INFERENCE INSTRUCTION
1. General Principles
2. Failure To Give The Instruction
3. Deviation From The Statutory Language
4. Adding To The Statutory Language
5. Failure To Define Statutory Language
6. Challenge To The Statutory Language
7. Relation To Instructions On Intent
8. Inapplicability Where The Defendant Testifies In A Codefendant's Case
L. CHARGE ON DEFENSES
1. Alibi
2. Felony Murder
3. Cohabitation
4. Extreme Emotional Disturbance
5. Insanity
6. Self-Defense
7. Duress
8.Intoxication
9. Entrapment
10. The Affirmative Defense To Robbery In The First Degree
11. Consent To Risk Of Injury
M. CHARGE ON INTENT
1. General Principles
2. Sandstrom Error
3. Felony Murder
4. Evidence Of A Defendant's Mental Infirmities
5. Intoxication
N. CONSCIOUSNESS OF GUILT
1. Misstatements By A Defendant
2.Flight
O. THE MISSING WITNESS INSTRUCTION
1. The Prerequisites To A Secondino Instruction
2. Specific Applications
P. MISSING EVIDENCE INSTRUCTION
1. The Requirements
2. Destroyed Statements
3. The Failure By Police To Record Information
Q. FINGERPRINT EVIDENCE
1. The Prejudice From Fingerprint Evidence
2. The Sufficiency Of Fingerprint Evidence
R. INSTRUCTIONS RELATING TO THE REVIEW OF EXHIBITS
1. Jury Review of Exhibits
2. Inappropriate Jury Determination of Admissibility
S. REFERENCE TO PENALTY
1. General Principles
2. Specific Applications
T. INCIDENTAL KIDNAPPING CHARGE
U. PLACE OF THE CRIME AS AN ESSENTIAL ELEMENT
V. MARSHALLING THE FACTS
1. General Principles
2. Specific Applications
W. INSTRUCTIONS PRIOR TO THE FINAL JURY CHARGE
1. Preliminary Instructions
2. Instructions Inviting Predeliberation Discussion

XX. SUPPLEMENTAL INSTRUCTIONS
1. General Principles
2. The "Chip Smith" Charge
3. Answering An Individual Juror's Request
4. Partially Responding To A Jury Request
5. Indirect Response To A Jury Request
6. Response Strictly Limited To Jury's Request
7. Judicial Comment On The Jury's Request

XXI. SENTENCING AND PROBATION

A. DUE PROCESS PROTECTIONS AND PROCEDURAL SAFEGUARDS
1. General Principles
2. Judicial Vindictiveness
B. REVIEW OF SENTENCES
1. Cruel and Unusual Punishment
2. Equal Protection
C. CORRECTION OR REDUCTION OF SENTENCES
D. PROBATION
E. SPECIFIC SENTENCES - ABILITY TO SUSPEND
F. CONSECUTIVE/CONCURRENT SENTENCES
G. PSYCHIATRIC OR PENAL SETTING
H. THE DEATH PENALTY HEARING

XXII. STATUTORY CONSTRUCTION

A. GENERAL PRINCIPLES
B. FREQUENTLY USED CANONS
1. Commonsense Approach
2. Plain and Unambiguous
3. Creating a Consistent Body of Law
4. The Use of Legislative History
5. Penal Statutes Must Be Construed Strictly
6. Statutes in Derogation of Common Law
7. Reference to New York Penal Code
8. The Penal CodeUs Application and Scope
9. Specific Terms Prevail Over General Ones
10. Implied Exceptions or Elements
C. CONSTITUTIONAL CHALLENGES TO A STATUTE
1. General Principles
2. Void for Vagueness
3. Overbroad Statutes
4. Equal Protection
D. WHEN A STATUTE HAS BEEN ALTERED BY THE LEGISLATURE OR THE COURT
1. Amendments
2. Retroactivity
3. Severability
E. INTERPRETING THE CONNECTICUT CONSTITUTION

XXIII. APPEAL

A. WHEN REVIEW WILL BE GRANTED
B. BURDEN OF PROOF ON HARM

XXIV MISCELLANEOUS

SUBECT MATTER JURISDICTION
1. General Principles
2. The Failure to Charge a Cognizable Crime
3. Location of the Offense
B. THE COMPETENCY HEARING
C. PRETRIAL PROGRAMS
1. Accelerated Rehabilitation
2. Pretrial Alcohol Education System
D. DISMISSAL
E. THE DEFENDANTUS RIGHT TO BE PRESENT AT TRIAL
1. Waiver by Unexplained Absence
2. Waiver by Refusal to Participate in Trial
F. THE SHACKLED DEFENDANT
G. THE STANDARDS FOR GRANTING A MISTRIAL
H. PETITIONS AND MOTIONS FOR A NEW TRIAL
I. IN REMPROCEEDINGS
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Joette Katz
Justice Joette Katz - Associate Justice Joette Katz was nominated for the Superior Court bench by Gov. William A. O Neill in 1989 and nominated for the state Supreme Court by Gov. Lowell P. Weicker Jr. in 1992. She served as administrative judge for the state appellate system from 1994-2000. Prior to her appointment to the bench, Justice Katz served as chief of legal services for the Office of the Chief Public Defender from 1983 to 1989. She served as an assistant public defender from 1978 to 1983. Before that, Justice Katz was an associate at Winnick Vine and Welch in Shelton. Justice Katz is an instructor of criminal law and ethics at the Quinnipiac University School of Law in Hamden. She also served from 1981 to 1984 as an instructor in legal research and writing, Moot Court, and appellate advocacy at the University of Connecticut School of Law. Justice Katz has received many awards and honors, including The Connecticut Women s Education and Legal Fund s Maria Miller Stewart Award in 1993, the National Organization for Women s Harriet Tubman Award in 1993, the University of Connecticut School of Law s Distinguished Graduate Award in 2000, the National Council of Jewish Women s Women of Distinction Award in 2001, and the Connecticut Bar Association s Henry J. Naruk Judiciary Award in 2004. She received a bachelor of arts degree, graduating cum laude, in 1974 from Brandeis University and her law degree, graduating cum laude, from the University of Connecticut Law School in 1977.

Joseph G. Bruckman

G. Douglas Nash
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