record supports claim (Connecticut) · Go Syfert
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record supports claim in Connecticut

35 Connecticut opinions name it 3 courts 1976–2024 2 in the last five years

The cases below were cited by Connecticut courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
State v. Browngreen
conn · 1989 · cited in 1 Connecticut opinions naming this issue, 1996–1996
2 sentences

1996An example of where the record supports the presumption that defense counsel explained the elements of the offense to the defendant is where the defendant, “at the time of the plea canvass, acknowledged that defense counsel had explained the essential elements of the crime to him.” Oppel v. Lopes, supra, 200 Conn. 558 ; see also State v. Brown, 19 Conn. App. 640 , 645 n.2, 563 A.2d 1379 , cert. denied, 212 Conn. 821 , 565 A.2d 540 (1989).

1996An example of where the record supports the presumption that defense counsel explained the elements of the offense to the defendant is where the defendant, “at the time of the plea canvass, acknowledged that defense counsel had explained the essential elements of the crime to him.” Oppel v. Lopes, supra, 200 Conn. 558 ; see also State v. Brown, 19 Conn. App. 640 , 645 n.2, 563 A.2d 1379 , cert. denied, 212 Conn. 821 , 565 A.2d 540 (1989).

11
State v. Browngreen
connappct · 1989 · cited in 1 Connecticut opinions naming this issue, 1996–1996
2 sentences

1996An example of where the record supports the presumption that defense counsel explained the elements of the offense to the defendant is where the defendant, “at the time of the plea canvass, acknowledged that defense counsel had explained the essential elements of the crime to him.” Oppel v. Lopes, supra, 200 Conn. 558 ; see also State v. Brown, 19 Conn. App. 640 , 645 n.2, 563 A.2d 1379 , cert. denied, 212 Conn. 821 , 565 A.2d 540 (1989).

1996An example of where the record supports the presumption that defense counsel explained the elements of the offense to the defendant is where the defendant, “at the time of the plea canvass, acknowledged that defense counsel had explained the essential elements of the crime to him.” Oppel v. Lopes, supra, 200 Conn. 558 ; see also State v. Brown, 19 Conn. App. 640 , 645 n.2, 563 A.2d 1379 , cert. denied, 212 Conn. 821 , 565 A.2d 540 (1989).

11
Smith v. Czescelgreen
connappct · 1987 · cited in 1 Connecticut opinions naming this issue, 1988–1988
2 sentences

1988Berchtold v. Maggi, 191 Conn. 266, 274 , 464 A.2d 1 (1983); see also Smith v. Czescel, 12 Conn. App. 558, 563 , 533 A.2d 223 (1987).

1988Berchtold v. Maggi, 191 Conn. 266, 274 , 464 A.2d 1 (1983); see also Smith v. Czescel, 12 Conn. App. 558, 563 , 533 A.2d 223 (1987).

11
Barker v. Wingogreen
scotus · 1972 · cited in 1 Connecticut opinions naming this issue, 1979–1979
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Connecticut. Read the followed side critically anyway.

Also cited on this issue (31)

CaseCitedYears
State v. Evans green
conn · 1973
2 sentences

1976Our inquiry, therefore, is limited to ascertaining whether the record supports a claim that the defendant was deprived of a “fundamental constitutional right and a fair trial.” State v. Evans, 165 Conn. 61, 70 .

1976Our inquiry, therefore, is limited to ascertaining whether the record supports a claim that the defendant was deprived of a "fundamental constitutional right and a fair trial." State v. Evans, 165 Conn. 61 , 70 .

61976–1993
State v. Williams green
conn · 1980
2 sentences

1993State v. Williams, 182 Conn. 262, 267 , 438 A.2d 80 (1980); State v. Evans, [ 165 Conn. 61, 69 , 327 A.2d 576 (1973)].

1993State v. Williams, 182 Conn. 262, 267 , 438 A.2d 80 (1980); State v. Evans, [ 165 Conn. 61, 69 , 327 A.2d 576 (1973)].

41982–1993
In re Romance M. green
conn · 1994
2 sentences

1998Our Supreme Court has held that ‘[s]uch exceptional circumstances may occur where a new and unforeseen constitutional right has arisen between the time of trial and appeal or where the record supports a claim that a litigant has been deprived of a fundamental constitutional right and a fair trial.’ ” In re Michael A., 47 Conn. App. 105, 110 , 703 A.2d 1146 (1997), quoting In re Romance M., 229 Conn. 345, 352-53 , 641 A.2d 378 (1994).

1998Our Supreme Court has held that ‘[s]uch exceptional circumstances may occur where a new and unforeseen constitutional right has arisen between the time of trial and appeal or where the record supports a claim that a litigant has been deprived of a fundamental constitutional right and a fair trial.’ ” In re Michael A., 47 Conn. App. 105, 110 , 703 A.2d 1146 (1997), quoting In re Romance M., 229 Conn. 345, 352-53 , 641 A.2d 378 (1994).

31997–2008
Berry v. Loiseau green
conn · 1992
2 sentences

1998Generally, “[s]uch exceptional circumstances may occur where a new and unforeseen constitutional right has arisen between the time of trial and appeal or where the record supports a claim that a litigant has been deprived of a fundamental constitutional right and a fair trial.” (Internal quotation marks omitted.) Berry v. Loiseau, 223 Conn. 786, 828-29 , 614 A.2d 414 (1992).

1998Generally, “[s]uch exceptional circumstances may occur where a new and unforeseen constitutional right has arisen between the time of trial and appeal or where the record supports a claim that a litigant has been deprived of a fundamental constitutional right and a fair trial.” (Internal quotation marks omitted.) Berry v. Loiseau, 223 Conn. 786, 828-29 , 614 A.2d 414 (1992).

31994–2006
Trimel v. Lawrence & Memorial Hospital Rehabilitation Center green
conn · 2001
2 sentences

2024An exception may also be made where consideration of the question is in the interest of public welfare or of justice between the parties.’’ (Internal quotation marks omitted.) Statewide Grievance Com- mittee v. Egbarin, 61 Conn. App. 445, 452 , 767 A.2d 732 , cert. denied, 255 Conn. 949 , 769 A.2d 64 (2001).

2001An exception may also be made where consideration of the question is in the interest of public welfare or of justice between the parties.” (Internal quotation marks omitted.) Statewide Grievance Committee v. Egbarin, 61 Conn. App. 445, 452 , 767 A.2d 732 , cert. denied, 255 Conn. 949 , 769 A.2d 64 (2001).

22001–2024
Kubish v. Zega green
conn · 2001
2 sentences

2024An exception may also be made where consideration of the question is in the interest of public welfare or of justice between the parties.’’ (Internal quotation marks omitted.) Statewide Grievance Com- mittee v. Egbarin, 61 Conn. App. 445, 452 , 767 A.2d 732 , cert. denied, 255 Conn. 949 , 769 A.2d 64 (2001).

2001An exception may also be made where consideration of the question is in the interest of public welfare or of justice between the parties.” (Internal quotation marks omitted.) Statewide Grievance Committee v. Egbarin, 61 Conn. App. 445, 452 , 767 A.2d 732 , cert. denied, 255 Conn. 949 , 769 A.2d 64 (2001).

22001–2024
Statewide Grievance Committee v. Egbarin green
connappct · 2001
2 sentences

2024An exception may also be made where consideration of the question is in the interest of public welfare or of justice between the parties.’’ (Internal quotation marks omitted.) Statewide Grievance Com- mittee v. Egbarin, 61 Conn. App. 445, 452 , 767 A.2d 732 , cert. denied, 255 Conn. 949 , 769 A.2d 64 (2001).

2024An exception may also be made where consideration of the question is in the interest of public welfare or of justice between the parties.’’ (Internal quotation marks omitted.) Statewide Grievance Com- mittee v. Egbarin, 61 Conn. App. 445, 452 , 767 A.2d 732 , cert. denied, 255 Conn. 949 , 769 A.2d 64 (2001).

22001–2024
Perez-Dickson v. City of Bridgeport green
conn · 2012
2 sentences

2022This rule applies equally to alterna- t[ive] grounds for affirmance.’’ (Internal quotation marks omitted.) Perez-Dickson v. Bridgeport, 304 Conn. 483 , 498–99, 43 A.3d 69 (2012). ‘‘Such exceptional circumstances may occur [when] a new and unforeseen constitutional right has arisen between the time of trial and appeal or [when] the record supports a claim that a litigant has been deprived of a fundamental constitu- tional right and a fair trial. . . .

2022This rule applies equally to alterna- t[ive] grounds for affirmance.’’ (Internal quotation marks omitted.) Perez-Dickson v. Bridgeport, 304 Conn. 483 , 498–99, 43 A.3d 69 (2012). ‘‘Such exceptional circumstances may occur [when] a new and unforeseen constitutional right has arisen between the time of trial and appeal or [when] the record supports a claim that a litigant has been deprived of a fundamental constitu- tional right and a fair trial. . . .

22014–2022
Dubois v. General Dynamics Corp. green
conn · 1992
2 sentences

2001An exception may also be made where consideration of the question is in the interest of public welfare or of justice between the parties.” (Internal quotation marks omitted.) Statewide Grievance Committee v. Friedland, 222 Conn. 131, 147 , 609 A.2d 645 (1992), quoting Dubois v. General Dynamics Corp., 222 Conn. 62, 68-69 , 607 A.2d 431 (1992).

2001An exception may also be made where consideration of the question is in the interest of public welfare or of justice between the parties.” (Internal quotation marks omitted.) Statewide Grievance Committee v. Friedland, 222 Conn. 131, 147 , 609 A.2d 645 (1992), quoting Dubois v. General Dynamics Corp., 222 Conn. 62, 68-69 , 607 A.2d 431 (1992).

21992–2001
State v. Golding green
conn · 1989
2 sentences

1990State v. Golding, 213 Conn. 233, 239 , 567 A.2d 823 (1989); State v. Horne, 19 Conn. App. 111, 136 , 562 A.2d 43 (1989).

1990State v. Golding, 213 Conn. 233, 239 , 567 A.2d 823 (1989); State v. Horne, 19 Conn. App. 111, 136 , 562 A.2d 43 (1989).

21990–1990
State v. Spigarolo green
conn · 1989
2 sentences

1989State v. Spigarolo, 210 Conn. 359, 388-89 , 556 A.2d 112 (1989), citing State v. Bailey, 209 Conn. 322 , 329-30 n.4, 551 A.2d 1206 (1988) (question whether record supports constitutional claim is whether claim is truly of constitutional proportions or is simply characterized as such by defendant).

1989State v. Spigarolo, 210 Conn. 359, 388-89 , 556 A.2d 112 (1989), citing State v. Bailey, 209 Conn. 322 , 329-30 n.4, 551 A.2d 1206 (1988) (question whether record supports constitutional claim is whether claim is truly of constitutional proportions or is simply characterized as such by defendant).

21989–1989
State v. Simms green
conn · 1976
2 sentences

1980State v. Simms, 170 Conn. 206, 208 , 365 A.2d 821 , cert. denied, 425 U.S. 954 , 96 S. Ct. 1732 , 48 L.

1980State v. Simms, 170 Conn. 206, 208 , 365 A.2d 821 , cert. denied, 425 U.S. 954 , 96 S. Ct. 1732 , 48 L.

21980–1980
Berry v. Louisiana green
scotus · 1976
2 sentences

1980State v. Simms, 170 Conn. 206, 208 , 365 A.2d 821 , cert. denied, 425 U.S. 954 , 96 S. Ct. 1732 , 48 L.

1980State v. Simms, 170 Conn. 206 , 208 , 365 A.2d 821 , cert. denied, 425 U.S. 954 , 96 S.Ct. 1732 , 48 L.Ed.2d 199 (1976); State v. Evans, 165 Conn. 61 , 70 , 327 A.2d 576 (1973).

21980–1980
De la Cruz v. Estelle green
scotus · 1976
2 sentences

1980State v. Simms, 170 Conn. 206, 208 , 365 A.2d 821 , cert. denied, 425 U.S. 954 , 96 S. Ct. 1732 , 48 L.

1980State v. Simms, 170 Conn. 206 , 208 , 365 A.2d 821 , cert. denied, 425 U.S. 954 , 96 S.Ct. 1732 , 48 L.Ed.2d 199 (1976); State v. Evans, 165 Conn. 61 , 70 , 327 A.2d 576 (1973).

21980–1980
Hanna v. Stone green
njsuperctappdiv · 2000
2 sentences

2012Nothing in the record supports the claim that the defendants did something or failed to do something that helped to bring about the injury in question.” (Citations omitted.) Id., 389-90 .

2012The court emphasized that “there was no evidence from which a reasonable jury might conclude that they knew or should have known that there was a necessity and opportunity for exercising . . . control” over the boy who threw the punch on their property; id., 391 ; and further reasoned that “even if [the] defendants had known that the two boys had had a fight in the school yard approximately five months prior to the party, that information without more would not have made foreseeable the single punch thrown at their son’s birthday party.” Id., 390 .

12012–2012
Skrzypiec v. Noonan green
conn · 1993
2 sentences

2004An exception may also be made [when] consideration of the question is in the interest of public welfare or of justice between the parties.” (Citations omitted; internal quotation marks omitted.) Skrzypiec v. Noonan, 228 Conn. 1, 14-15 , 633 A.2d 716 (1993).

2004An exception may also be made [when] consideration of the question is in the interest of public welfare or of justice between the parties.” (Citations omitted; internal quotation marks omitted.) Skrzypiec v. Noonan, 228 Conn. 1, 14-15 , 633 A.2d 716 (1993).

12004–2004
Diane Leibovitz v. New York City Transit Authority, Joseph Hoffman and Monroe Easter green
ca2 · 2001
1 sentence

2003Leibovitz v. New York City Transit Authority , 252 F.3d 179 (2d Cir. 2001).

12003–2003
Imperial Casualty & Indemnity Co. v. State green
conn · 1998
1 sentence

2002In exceptional circumstances, however, an appellate court may review a claim not raised at trial. “[S]uch exceptional circumstances may occur where a new and unforeseen constitutional right has arisen between the time of trial and appeal or where the record supports a claim that a litigant has been deprived of a fundamental constitutional right and a fair trial.” (Emphasis added; internal quotation marks omitted.) Id., 321 .

12002–2002
Statewide Grievance Committee v. Friedland green
conn · 1992
2 sentences

2001An exception may also be made where consideration of the question is in the interest of public welfare or of justice between the parties.” (Internal quotation marks omitted.) Statewide Grievance Committee v. Friedland, 222 Conn. 131, 147 , 609 A.2d 645 (1992), quoting Dubois v. General Dynamics Corp., 222 Conn. 62, 68-69 , 607 A.2d 431 (1992).

2001An exception may also be made where consideration of the question is in the interest of public welfare or of justice between the parties.” (Internal quotation marks omitted.) Statewide Grievance Committee v. Friedland, 222 Conn. 131, 147 , 609 A.2d 645 (1992), quoting Dubois v. General Dynamics Corp., 222 Conn. 62, 68-69 , 607 A.2d 431 (1992).

12001–2001
In re Michael A. green
connappct · 1997
2 sentences

1998Our Supreme Court has held that ‘[s]uch exceptional circumstances may occur where a new and unforeseen constitutional right has arisen between the time of trial and appeal or where the record supports a claim that a litigant has been deprived of a fundamental constitutional right and a fair trial.’ ” In re Michael A., 47 Conn. App. 105, 110 , 703 A.2d 1146 (1997), quoting In re Romance M., 229 Conn. 345, 352-53 , 641 A.2d 378 (1994).

1998Our Supreme Court has held that ‘[s]uch exceptional circumstances may occur where a new and unforeseen constitutional right has arisen between the time of trial and appeal or where the record supports a claim that a litigant has been deprived of a fundamental constitutional right and a fair trial.’ ” In re Michael A., 47 Conn. App. 105, 110 , 703 A.2d 1146 (1997), quoting In re Romance M., 229 Conn. 345, 352-53 , 641 A.2d 378 (1994).

11998–1998
State v. Horne green
connappct · 1989
2 sentences

1990State v. Golding, 213 Conn. 233, 239 , 567 A.2d 823 (1989); State v. Horne, 19 Conn. App. 111, 136 , 562 A.2d 43 (1989).

1990State v. Golding, 213 Conn. 233, 239 , 567 A.2d 823 (1989); State v. Horne, 19 Conn. App. 111, 136 , 562 A.2d 43 (1989).

11990–1990
State v. Bailey green
conn · 1988
2 sentences

1989State v. Spigarolo, 210 Conn. 359, 388-89 , 556 A.2d 112 (1989), citing State v. Bailey, 209 Conn. 322 , 329-30 n.4, 551 A.2d 1206 (1988) (question whether record supports constitutional claim is whether claim is truly of constitutional proportions or is simply characterized as such by defendant).

1989State v. Spigarolo, 210 Conn. 359, 388-89 , 556 A.2d 112 (1989), citing State v. Bailey, 209 Conn. 322 , 329-30 n.4, 551 A.2d 1206 (1988) (question whether record supports constitutional claim is whether claim is truly of constitutional proportions or is simply characterized as such by defendant).

11989–1989
Jungen v. Oregon green
scotus · 1989
1 sentence

1989State v. Spigarolo, 210 Conn. 359, 388-89 , 556 A.2d 112 , cert. denied, U.S. , 110 S. Ct. 322 , 107 L.

11989–1989
State v. Franko green
conn · 1986
2 sentences

1988State v. Franko, 199 Conn. 481, 490 , 508 A.2d 22 (1986).

1988State v. Franko, 199 Conn. 481, 490 , 508 A.2d 22 (1986).

11988–1988
Cahill v. Board of Education green
conn · 1982
2 sentences

1988The plain error doctrine is reserved for the most exceptional circumstances in which the record supports a claim that the party has been deprived of a fundamental constitutional right and a fair trial; Cahill v. Board of Education, 187 Conn. 94, 100 , 444 A.2d 907 (1982); or where the error in some way directly affects the outcome of the case.

1988The plain error doctrine is reserved for the most exceptional circumstances in which the record supports a claim that the party has been deprived of a fundamental constitutional right and a fair trial; Cahill v. Board of Education, 187 Conn. 94, 100 , 444 A.2d 907 (1982); or where the error in some way directly affects the outcome of the case.

11988–1988
Berchtold v. Maggi green
conn · 1983
2 sentences

1988Berchtold v. Maggi, 191 Conn. 266, 274 , 464 A.2d 1 (1983); see also Smith v. Czescel, 12 Conn. App. 558, 563 , 533 A.2d 223 (1987).

1988Berchtold v. Maggi, 191 Conn. 266, 274 , 464 A.2d 1 (1983); see also Smith v. Czescel, 12 Conn. App. 558, 563 , 533 A.2d 223 (1987).

11988–1988
Van Steensburg v. Lawrence & Memorial Hospitals green
conn · 1984
11987–1987
State v. West green
conn · 1985
1 sentence

1987State v. Benite, 6 Conn. App. 667, 671 , 507 A.2d 478 (1986); State v. West, 3 Conn. App. 650, 654 , 491 A.2d 428 , cert. denied, 196 Conn. 810 , 497 A.2d 906 (1985).

11987–1987
State v. West green
connappct · 1985
11987–1987
State v. Benite green
connappct · 1986
11987–1987
State v. Rice green
conn · 1976
11977–1977

Statutes the citing opinions construe

CT § Conn. Gen. Stat. § 53a-134 (5) CT § Conn. Gen. Stat. § 51-199 (4) CT § Conn. Gen. Stat. § 53a-8 (4) CT § Conn. Gen. Stat. § 53a-49 (3) CT § Conn. Gen. Stat. § 53a-54a (3) CT § Conn. Gen. Stat. § 8-3 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 319 (1982–2026) CT 35 (1976–2024) TX 28 (1970–2026) CA 17 (1965–2026) CO 17 (1986–2025) OH 15 (2005–2026) IL 13 (1969–2026) WA 8 (1974–2026) FL 7 (1986–2007) VA 7 (1996–2024) IN 7 (1986–2023) AZ 7 (1980–2025) PA 6 (1976–2021) MN 5 (1977–2018) MD 4 (1996–2025) MO 4 (1975–2001) WY 4 (1999–2015) LA 3 (1998–2009) DC 3 (1985–2018) SC 3 (1984–2003) MS 3 (1993–2025) KS 3 (1982–2020) MI 3 (1976–2021) MA 3 (2000–2013) NJ 3 (2005–2020) GA 2 (1983–2026) NM 2 (1989–2014) NC 2 (1990–2018) TN 2 (2005–2006) AL 2 (2017–2017) VT 2 (1970–2025) RI 2 (2009–2015) OR 2 (1974–2014)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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