green
Positive treatment
Issue: defendant waived claimCT ↗
Issue: distinction between immunityCT ↗
3.9 score
Treatment trajectory · 2009 → 2026 · click a year to view as-of
2009
2017
2026
Top citers, strongest first. 4 distinct citers.
How cited ↗
discussed
Cited "see"
State v. Kitchens
See State v. Velez, 113 Conn. App. 347, 357-59 , 966 A.2d 743 (failure to take exception to trial court’s response to jury question about proof of intent constituted waiver under Fabricatore), cert. denied, 291 Conn. 917 , 970 A.2d 729 (2009); State v. Akande, 111 Conn. App. 596, 608-609 , 960 A.2d 1045 (2008) (“We decline to draw a distinction between defense counsel stating that he had no problem with a jury charge that he specifically requested and defense counsel stating that he had no problem with a jury charge that he had not specifically requested.
discussed
Cited "see"
State v. Chimenti
See State v. Velez, 113 Conn. App. 347 , 361 n.8, 966 A.2d 743 , cert. denied, 291 Conn. 917 , 970 A.2d 729 (2009). 19 We note that the right against double jeopardy may be waived by silence or by the actions of counsel and need not be knowing, intelligent and voluntary or expressly made.
discussed
Cited "see, e.g."
State v. Ebron
There is also no difference between counsel stating that he has no comment about the charge and counsel stating that the charge as read was correct.” State v. Akande, supra, 608-609 ; see also State v. Velez, 113 Conn. App. 347, 357-59 , 966 A.2d 743 (failure to except to trial court’s response to jury question about proof of intent constituted waiver under Fabricatore), cert. denied, 291 Conn. 917 , 970 A.2d 729 (2009); State v. Farmer, 108 Conn. App. 82, 88 , 946 A.2d 1262 (failure to file request to charge or except to constancy of accusation instruction constituted waiver under Fabrica…
discussed
Cited "see, e.g."
State v. Paige
See Mozell v. Commissioner of Correction, 291 Conn. 62, 73 , 967 A.2d 41 (2009) (noting that unpreserved, waived claims fail under third prong of Golding and declining to afford review under Golding to petitioner who waived claim); see also State v. Velez, 113 Conn. App. 347, 359 , 966 A.2d 743 (defendant’s waived claim of improper jury instruction fails under third prong of Golding), cert. denied, 291 Conn. 917 , 970 A.2d 729 (2009); State v. Duncan, supra, 96 Conn. App. 560 (same).
Retrieving the full opinion text from the archive…
Richard Hamlin
v.
Commissioner of Correction
v.
Commissioner of Correction
Supreme Court of Connecticut.
May 6, 2009.
Jodi Zils Gagne, special public defender, in support of the petition., Laurie N. Feldman, special deputy assistant state’s attorney, in opposition.
Published
The petitioner Richard Hamlin’s petition for certification for appeal from the Appellate Court, 113 Conn. App. 586 (AC 29455), is denied.
[*918] Decided May 6, 2009 Laurie N. Feldman, special deputy assistant state’s attorney, in opposition.