Epps v. Comm'r of Corr., 150 A.3d 679 (Conn. 2016). · Go Syfert
Epps v. Comm'r of Corr., 150 A.3d 679 (Conn. 2016). Cases Citing This Book View Copy Cite
13 citation events (13 in the last 25 years) across 2 distinct courts.
Strongest positive: Banks v. Commissioner of Correction (conn, 2021-05-12)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited "see, e.g." Banks v. Commissioner of Correction (2×)
Conn. · 2021 · signal: see also · confidence low
See id., 83–94; see also Epps v. Commis- sioner of Correction, 323 Conn. 901 , 150 A.3d 679 (2016) (granting certification to appeal to resolve question, ‘‘unresolved by Hinds,’’ of ‘‘[w]hether . . . in a collat- eral proceeding, [when] the petitioner claims that the trial court erred by omitting an element of the criminal charge in its final instructions to the jury . . . harm [is] measured in accordance with Brecht . . . or . . .
Retrieving the full opinion text from the archive…
Kevin EPPS
v.
COMMISSIONER OF CORRECTION
Supreme Court of Connecticut.
Sep 13, 2016.
150 A.3d 679
Cited by 6 opinions  |  Published

The respondent's petition for certification for appeal from the Appellate Court, 153 Conn. App. 729 (AC 35259), is granted, limited to the following issues:

"1. Whether, in a question left unresolved by Hinds v. Commissioner of Correction, 321 Conn. 56, 76-94, 136 A.3d 596 (2016), in a collateral proceeding, where the petitioner claims that the trial court erred by omitting an element of the criminal charge in its final instructions to the jury, is harm measured in accordance with Brecht v. Abrahamson, 507 U.S. 619, 637, 113 S. Ct. 1710, 123 L.Ed. 2d 353 (1993), or is harm measured in accordance with Neder v. United States, 527 U.S. 1, 15, 119 S. Ct. 1827, 144 L.Ed. 2d 35 (1999) ?

"2. If the Brecht standard for assessing harm is adopted by this court, did the evidence in this case establish that the absence of an instruction in accordance with State v. Salamon, 287 Conn. 509, 949 A.2d 1092 (2008), had no 'substantial and injurious effect or influence in determining the jury's verdict' finding the petitioner guilty of kidnapping?

"3. If the Neder standard for assessing harm is adopted by this court, did the Appellate Court err when it held that '[i]n the absence of a Salamon instruction, [it had] no reasonable assurance that the [petitioner's] kidnapping conviction was not based on restraint of the victim that was incidental to the assault of which the petitioner was convicted?' "