firmly rooted hearsay exception (Connecticut) · Go Syfert
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firmly rooted hearsay exception in Connecticut

23 Connecticut opinions name it 2 courts 1988–2026 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 (7)

CaseFollowedCited
Ohio v. Robertsred
scotus · 1980 · cited in 10 Connecticut opinions naming this issue, 1988–2005
2 sentences

2000“Reliability can be inferred without more in a case where the evidence falls within a firmly rooted hearsay exception.” (Internal quotation marks omitted.) State v. Outlaw, supra, 216 Conn. 505 , quoting Ohio v. Roberts, 448 U.S. 56, 66 , 100 S. Ct. 2531 , 65 L.

2000“Reliability can be inferred without more in a case where the evidence falls within a firmly rooted hearsay exception.” (Internal quotation marks omitted.) State v. Outlaw, supra, 216 Conn. 505 , quoting Ohio v. Roberts, 448 U.S. 56, 66 , 100 S. Ct. 2531 , 65 L.

210
Joseph Anthony Padilla v. Cal A. Terhunegreen
ca9 · 2002 · cited in 1 Connecticut opinions naming this issue, 2004–2004
1 sentence

2004See, e.g., Padilla v. Terhune, 309 F.3d 614, 620 (9th Cir. 2002).

11
Idaho v. Wrightgreen
scotus · 1990 · cited in 1 Connecticut opinions naming this issue, 1996–1996
2 sentences

1996See, e.g., Idaho v. Wright, 497 U.S. 805, 818, 821-22 , 110 S. Ct. 3139 , 111 L.

1996See, e.g., Idaho v. Wright, 497 U.S. 805, 818, 821-22 , 110 S. Ct. 3139 , 111 L.

11
State v. Johngreen
conn · 1989 · cited in 1 Connecticut opinions naming this issue, 1990–1990
2 sentences

1990We begin our analysis by holding that adoptive admissions are a firmly rooted hearsay exception and thus if the trial court did find that the informant’s statements were adoptive admissions, the statements were properly admitted. “ ‘Where hearsay accusations are sought to be introduced as evidence against a defendant in a criminal proceeding on grounds that the hearsay was “adopted” by defendant as an admission of his guilt, the trial court must first determine that the asserted adoptive admission be manifested by conduct or statements which are unequivocal, positive, and definite in nature, c

1990We begin our analysis by holding that adoptive admissions are a firmly rooted hearsay exception and thus if the trial court did find that the informant’s statements were adoptive admissions, the statements were properly admitted. “ ‘Where hearsay accusations are sought to be introduced as evidence against a defendant in a criminal proceeding on grounds that the hearsay was “adopted” by defendant as an admission of his guilt, the trial court must first determine that the asserted adoptive admission be manifested by conduct or statements which are unequivocal, positive, and definite in nature, c

11
DuFon v. Californiagreen
scotus · 1989 · cited in 1 Connecticut opinions naming this issue, 1990–1990
1 sentence

1990We begin our analysis by holding that adoptive admissions are a firmly rooted hearsay exception and thus if the trial court did find that the informant’s statements were adoptive admissions, the statements were properly admitted. “ ‘Where hearsay accusations are sought to be introduced as evidence against a defendant in a criminal proceeding on grounds that the hearsay was “adopted” by defendant as an admission of his guilt, the trial court must first determine that the asserted adoptive admission be manifested by conduct or statements which are unequivocal, positive, and definite in nature, c

11
Medics Pharmaceutical Corp. v. Newmangreen
scotus · 1989 · cited in 1 Connecticut opinions naming this issue, 1990–1990
1 sentence

1990We begin our analysis by holding that adoptive admissions are a firmly rooted hearsay exception and thus if the trial court did find that the informant’s statements were adoptive admissions, the statements were properly admitted. “ ‘Where hearsay accusations are sought to be introduced as evidence against a defendant in a criminal proceeding on grounds that the hearsay was “adopted” by defendant as an admission of his guilt, the trial court must first determine that the asserted adoptive admission be manifested by conduct or statements which are unequivocal, positive, and definite in nature, c

11
May v. Seaboard Air Line Ry. Co.green
sc · 1918 · cited in 1 Connecticut opinions naming this issue, 1990–1990
1 sentence

1990We begin our analysis by holding that adoptive admissions are a firmly rooted hearsay exception and thus if the trial court did find that the informant’s statements were adoptive admissions, the statements were properly admitted. “ ‘Where hearsay accusations are sought to be introduced as evidence against a defendant in a criminal proceeding on grounds that the hearsay was “adopted” by defendant as an admission of his guilt, the trial court must first determine that the asserted adoptive admission be manifested by conduct or statements which are unequivocal, positive, and definite in nature, c

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 (21)

CaseCitedYears
Crawford v. Washington green
scotus · 2004
2 sentences

2026Ed. 2d 597 (1980), overruled in part by Crawford v. Washington, [supra, 541 U.S. 36 ] all such statements were admissible if they had ‘adequate indicia of reliability . . . [which] can be inferred . . . where the evidence falls within a firmly rooted hearsay exception . . . [or pursuant to] a showing of particularized guarantees of trustworthiness.’ . . .

2025Ed. 2d 177 (2004), all such statements were admissible if they had ‘‘adequate indicia of reliability . . . [which] can be inferred . . . where the evidence falls within a firmly rooted hearsay exception . . . [or pursuant to] a showing of particularized guarantees of trustworthi- ness.’’ (Internal quotation marks omitted.) Id., 66 .

32010–2026
Lilly v. Virginia green
scotus · 1999
2 sentences

2005Traditionally, for purposes of the confrontation clause, all hearsay statements of unavailable out-of-court declarants were admissible if the statements bore adequate indicia of reliability, i.e., “(1) the evidence [fell] within a firmly rooted hearsay exception or (2) it contain [ed] particularized guarantees of trustworthiness such that adversarial testing would be expected to add little, if anything, to the statements’ reliability.” (Internal quotation marks omitted.) Lilly v. Virginia, 527 U.S. 116, 124 , 119 S. Ct. 1887 , 144 L.

2005Traditionally, for purposes of the confrontation clause, all hearsay statements of unavailable out-of-court declarants were admissible if the statements bore adequate indicia of reliability, i.e., “(1) the evidence [fell] within a firmly rooted hearsay exception or (2) it contain [ed] particularized guarantees of trustworthiness such that adversarial testing would be expected to add little, if anything, to the statements’ reliability.” (Internal quotation marks omitted.) Lilly v. Virginia, 527 U.S. 116, 124 , 119 S. Ct. 1887 , 144 L.

22005–2005
State v. Schiappa green
conn · 1999
2 sentences

2002Although “[u]npreserved hearsay claims do not automatically invoke constitutional rights to confrontation;” (internal quotation marks omitted) State v. Dixon, 62 Conn. App. 643, 649 , 772 A.2d 166 (2001); “[e]vidence that does not fall within a firmly rooted hearsay exception ... is inadmissible under the Confrontation Clause absent a showing of particularized guarantees of trustworthiness.” State v. Schiappa, 248 Conn. 132, 159 , 728 A.2d 466 , cert. denied, 528 U.S. 862 , 120 S. Ct. 152 , 145 L.

2002Although “[u]npreserved hearsay claims do not automatically invoke constitutional rights to confrontation;” (internal quotation marks omitted) State v. Dixon, 62 Conn. App. 643, 649 , 772 A.2d 166 (2001); “[e]vidence that does not fall within a firmly rooted hearsay exception ... is inadmissible under the Confrontation Clause absent a showing of particularized guarantees of trustworthiness.” State v. Schiappa, 248 Conn. 132, 159 , 728 A.2d 466 , cert. denied, 528 U.S. 862 , 120 S. Ct. 152 , 145 L.

22002–2003
Stephen v. United States green
scotus · 1999
2 sentences

2003Ohio v. Roberts, [supra, 66 ].” (Internal quotation marks omitted.) State v. Schiappa, 248 Conn. 132, 158-59 , 728 A.2d 466 , cert. denied, 528 U.S. 862 , 120 S. Ct. 152 , 145 L.

2002Although “[u]npreserved hearsay claims do not automatically invoke constitutional rights to confrontation;” (internal quotation marks omitted) State v. Dixon, 62 Conn. App. 643, 649 , 772 A.2d 166 (2001); “[e]vidence that does not fall within a firmly rooted hearsay exception ... is inadmissible under the Confrontation Clause absent a showing of particularized guarantees of trustworthiness.” State v. Schiappa, 248 Conn. 132, 159 , 728 A.2d 466 , cert. denied, 528 U.S. 862 , 120 S. Ct. 152 , 145 L.

22002–2003
Rentz v. Davis, Dir. Gen'l. green
· 1922
2 sentences

2003Ohio v. Roberts, [supra, 66 ].” (Internal quotation marks omitted.) State v. Schiappa, 248 Conn. 132, 158-59 , 728 A.2d 466 , cert. denied, 528 U.S. 862 , 120 S. Ct. 152 , 145 L.

2002Although “[u]npreserved hearsay claims do not automatically invoke constitutional rights to confrontation;” (internal quotation marks omitted) State v. Dixon, 62 Conn. App. 643, 649 , 772 A.2d 166 (2001); “[e]vidence that does not fall within a firmly rooted hearsay exception ... is inadmissible under the Confrontation Clause absent a showing of particularized guarantees of trustworthiness.” State v. Schiappa, 248 Conn. 132, 159 , 728 A.2d 466 , cert. denied, 528 U.S. 862 , 120 S. Ct. 152 , 145 L.

22002–2003
State v. Wood green
conn · 1988
2 sentences

1990See also Bourjaily v. United States, supra, 183 (applied the Roberts rule to coconspirator exception); State v. Wood, 208 Conn. 125,135-36 , 545 A.2d 1026 , cert. denied, 488 U.S. 895 , 109 S. Ct. 235 , 102 L.

1990See also Bourjaily v. United States, supra, 183 (applied the Roberts rule to coconspirator exception); State v. Wood, 208 Conn. 125,135-36 , 545 A.2d 1026 , cert. denied, 488 U.S. 895 , 109 S. Ct. 235 , 102 L.

21989–1990
Ferenc v. Internal Revenue Service green
scotus · 1988
2 sentences

1990See also Bourjaily v. United States, supra, 183 (applied the Roberts rule to coconspirator exception); State v. Wood, 208 Conn. 125,135-36 , 545 A.2d 1026 , cert. denied, 488 U.S. 895 , 109 S. Ct. 235 , 102 L.

1990See also Bourjaily v. United States, supra, 183 (applied the Roberts rule to coconspirator exception); State v. Wood, 208 Conn. 125,135-36 , 545 A.2d 1026 , cert. denied, 488 U.S. 895 , 109 S. Ct. 235 , 102 L.

21989–1990
Kitchen v. Indiana green
scotus · 1988
2 sentences

1990See also Bourjaily v. United States, supra, 183 (applied the Roberts rule to coconspirator exception); State v. Wood, 208 Conn. 125,135-36 , 545 A.2d 1026 , cert. denied, 488 U.S. 895 , 109 S. Ct. 235 , 102 L.

1989State v. Wood, 208 Conn. 125, 135 , 545 A.2d 1026 , cert. denied, 488 U.S. 895 , 109 S. Ct. 235 , 107 L.

21989–1990
State v. Lyle green
conn · 1996
1 sentence

2002Prior testimony [at a pretrial hearing] is a well rooted exception to the hearsay rule.” (Citations omitted; internal quotation marks omitted.) State v. Atkins, 57 Conn. App. 248, 254 , 748 A.2d 343 , cert. denied, 253 Conn. 916 , 754 A.2d 164 (2000), citing State v. Malone, 40 Conn. App. 470, 479 , 671 A.2d 1321 , cert. denied, 237 Conn. 904 , 674 A.2d 1332 (1996); see Ohio v. Roberts, supra, 448 U.S. 72 -73.

12002–2002
Lemoine v. McCann green
conn · 1996
1 sentence

2002Prior testimony [at a pretrial hearing] is a well rooted exception to the hearsay rule.” (Citations omitted; internal quotation marks omitted.) State v. Atkins, 57 Conn. App. 248, 254 , 748 A.2d 343 , cert. denied, 253 Conn. 916 , 754 A.2d 164 (2000), citing State v. Malone, 40 Conn. App. 470, 479 , 671 A.2d 1321 , cert. denied, 237 Conn. 904 , 674 A.2d 1332 (1996); see Ohio v. Roberts, supra, 448 U.S. 72 -73.

12002–2002
State v. Smith green
conn · 2000
2 sentences

2002Prior testimony [at a pretrial hearing] is a well rooted exception to the hearsay rule.” (Citations omitted; internal quotation marks omitted.) State v. Atkins, 57 Conn. App. 248, 254 , 748 A.2d 343 , cert. denied, 253 Conn. 916 , 754 A.2d 164 (2000), citing State v. Malone, 40 Conn. App. 470, 479 , 671 A.2d 1321 , cert. denied, 237 Conn. 904 , 674 A.2d 1332 (1996); see Ohio v. Roberts, supra, 448 U.S. 72 -73.

2002Prior testimony [at a pretrial hearing] is a well rooted exception to the hearsay rule.” (Citations omitted; internal quotation marks omitted.) State v. Atkins, 57 Conn. App. 248, 254 , 748 A.2d 343 , cert. denied, 253 Conn. 916 , 754 A.2d 164 (2000), citing State v. Malone, 40 Conn. App. 470, 479 , 671 A.2d 1321 , cert. denied, 237 Conn. 904 , 674 A.2d 1332 (1996); see Ohio v. Roberts, supra, 448 U.S. 72 -73.

12002–2002
State v. Malone green
connappct · 1996
2 sentences

2002Prior testimony [at a pretrial hearing] is a well rooted exception to the hearsay rule.” (Citations omitted; internal quotation marks omitted.) State v. Atkins, 57 Conn. App. 248, 254 , 748 A.2d 343 , cert. denied, 253 Conn. 916 , 754 A.2d 164 (2000), citing State v. Malone, 40 Conn. App. 470, 479 , 671 A.2d 1321 , cert. denied, 237 Conn. 904 , 674 A.2d 1332 (1996); see Ohio v. Roberts, supra, 448 U.S. 72 -73.

2002Prior testimony [at a pretrial hearing] is a well rooted exception to the hearsay rule.” (Citations omitted; internal quotation marks omitted.) State v. Atkins, 57 Conn. App. 248, 254 , 748 A.2d 343 , cert. denied, 253 Conn. 916 , 754 A.2d 164 (2000), citing State v. Malone, 40 Conn. App. 470, 479 , 671 A.2d 1321 , cert. denied, 237 Conn. 904 , 674 A.2d 1332 (1996); see Ohio v. Roberts, supra, 448 U.S. 72 -73.

12002–2002
State v. Dixon green
connappct · 2001
2 sentences

2002Although “[u]npreserved hearsay claims do not automatically invoke constitutional rights to confrontation;” (internal quotation marks omitted) State v. Dixon, 62 Conn. App. 643, 649 , 772 A.2d 166 (2001); “[e]vidence that does not fall within a firmly rooted hearsay exception ... is inadmissible under the Confrontation Clause absent a showing of particularized guarantees of trustworthiness.” State v. Schiappa, 248 Conn. 132, 159 , 728 A.2d 466 , cert. denied, 528 U.S. 862 , 120 S. Ct. 152 , 145 L.

2002Although “[u]npreserved hearsay claims do not automatically invoke constitutional rights to confrontation;” (internal quotation marks omitted) State v. Dixon, 62 Conn. App. 643, 649 , 772 A.2d 166 (2001); “[e]vidence that does not fall within a firmly rooted hearsay exception ... is inadmissible under the Confrontation Clause absent a showing of particularized guarantees of trustworthiness.” State v. Schiappa, 248 Conn. 132, 159 , 728 A.2d 466 , cert. denied, 528 U.S. 862 , 120 S. Ct. 152 , 145 L.

12002–2002
State v. Atkins green
connappct · 2000
2 sentences

2002Prior testimony [at a pretrial hearing] is a well rooted exception to the hearsay rule.” (Citations omitted; internal quotation marks omitted.) State v. Atkins, 57 Conn. App. 248, 254 , 748 A.2d 343 , cert. denied, 253 Conn. 916 , 754 A.2d 164 (2000), citing State v. Malone, 40 Conn. App. 470, 479 , 671 A.2d 1321 , cert. denied, 237 Conn. 904 , 674 A.2d 1332 (1996); see Ohio v. Roberts, supra, 448 U.S. 72 -73.

2002Prior testimony [at a pretrial hearing] is a well rooted exception to the hearsay rule.” (Citations omitted; internal quotation marks omitted.) State v. Atkins, 57 Conn. App. 248, 254 , 748 A.2d 343 , cert. denied, 253 Conn. 916 , 754 A.2d 164 (2000), citing State v. Malone, 40 Conn. App. 470, 479 , 671 A.2d 1321 , cert. denied, 237 Conn. 904 , 674 A.2d 1332 (1996); see Ohio v. Roberts, supra, 448 U.S. 72 -73.

12002–2002
State v. Outlaw green
conn · 1990
2 sentences

1995In other cases, the evidence must be excluded, at least absent a showing of particularized guarantees of trustworthiness.” As this court noted in State v. Outlaw, 216 Conn. 492, 505 , 582 A.2d 751 (1990), “[b]y engaging in a search for ‘particularized guarantees of trustworthiness’ in Roberts, the United States Supreme Court implicitly held that the exception to the hearsay rule for statements given by an unavailable declarant at a preliminary hearing was not so firmly rooted as to obviate further inquiry and search of the record.” The United States Supreme Court has never addressed the issue

1995In other cases, the evidence must be excluded, at least absent a showing of particularized guarantees of trustworthiness.” As this court noted in State v. Outlaw, 216 Conn. 492, 505 , 582 A.2d 751 (1990), “[b]y engaging in a search for ‘particularized guarantees of trustworthiness’ in Roberts, the United States Supreme Court implicitly held that the exception to the hearsay rule for statements given by an unavailable declarant at a preliminary hearing was not so firmly rooted as to obviate further inquiry and search of the record.” The United States Supreme Court has never addressed the issue

11995–1995
Manchester v. Zoning Board of Appeals green
conn · 1989
1 sentence

1994State v. Bruens, 18 Conn. App. 459, 461 , 557 A.2d 1290 , cert. denied, 212 Conn. 804 , 561 A.2d 946 (1989).

11994–1994
Hallas v. Freedom of Information Commission green
conn · 1989
1 sentence

1994State v. Bruens, 18 Conn. App. 459, 461 , 557 A.2d 1290 , cert. denied, 212 Conn. 804 , 561 A.2d 946 (1989).

11994–1994
State v. Kelley green
conn · 1994
2 sentences

1994In State v. Kelley, 229 Conn. 557, 563-64 , 643 A.2d 854 (1994), our Supreme Court rejected the defendant’s claim that constancy testimony did not fall within a recognized hearsay exception.

1994In State v. Kelley, 229 Conn. 557, 563-64 , 643 A.2d 854 (1994), our Supreme Court rejected the defendant’s claim that constancy testimony did not fall within a recognized hearsay exception.

11994–1994
State v. Bruens neutral
connappct · 1989
2 sentences

1994State v. Bruens, 18 Conn. App. 459, 461 , 557 A.2d 1290 , cert. denied, 212 Conn. 804 , 561 A.2d 946 (1989).

1994State v. Bruens, 18 Conn. App. 459, 461 , 557 A.2d 1290 , cert. denied, 212 Conn. 804 , 561 A.2d 946 (1989).

11994–1994
State v. Morrill green
conn · 1985
2 sentences

1990We begin our analysis by holding that adoptive admissions are a firmly rooted hearsay exception and thus if the trial court did find that the informant’s statements were adoptive admissions, the statements were properly admitted. “ ‘Where hearsay accusations are sought to be introduced as evidence against a defendant in a criminal proceeding on grounds that the hearsay was “adopted” by defendant as an admission of his guilt, the trial court must first determine that the asserted adoptive admission be manifested by conduct or statements which are unequivocal, positive, and definite in nature, c

1990We begin our analysis by holding that adoptive admissions are a firmly rooted hearsay exception and thus if the trial court did find that the informant’s statements were adoptive admissions, the statements were properly admitted. “ ‘Where hearsay accusations are sought to be introduced as evidence against a defendant in a criminal proceeding on grounds that the hearsay was “adopted” by defendant as an admission of his guilt, the trial court must first determine that the asserted adoptive admission be manifested by conduct or statements which are unequivocal, positive, and definite in nature, c

11990–1990
Bourjaily v. United States green
scotus · 1987
1 sentence

1988Id., quoting Ohio v. Roberts, 448 U.S. 56, 66 , 100 S. Ct. 2531 , 65 L.

11988–1988

Statutes the citing opinions construe

CT § Conn. Gen. Stat. § 53a-54a (9) CT § Conn. Gen. Stat. § 51-199 (7) CT § Conn. Gen. Stat. § 53-21 (6) CT § Conn. Gen. Stat. § 53a-70 (6) CT § Conn. Gen. Stat. § 8-3 (5) CT § Conn. Gen. Stat. § 53a-55 (4) CT § Conn. Gen. Stat. § 53a-71 (4) CT § Conn. Gen. Stat. § 53a-65 (3) CT § Conn. Gen. Stat. § 53a-72a (3) CT § Conn. Gen. Stat. § 53a-8 (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

TX 87 (1985–2021) OH 81 (1984–2026) IL 66 (1983–2021) CA 53 (1990–2023) WA 41 (1984–2016) WI 35 (1981–2021) KS 33 (1984–2008) NC 32 (1981–2016) CO 31 (1982–2017) AZ 29 (1983–2008) OR 28 (1982–2024) NM 26 (1985–2015) FL 25 (1984–2019) PA 24 (1986–2023) MN 24 (1984–2016) AL 23 (1989–2004) CT 23 (1988–2026) MS 21 (1986–2016) TN 19 (1997–2017) MD 19 (1984–2021) MI 18 (1989–2026) NY 18 (1980–2023) WV 18 (1987–2026) HI 17 (1989–2015) GA 15 (1991–2003) IN 14 (1992–2007) NJ 14 (1989–2016) LA 14 (1984–2013) VA 13 (1999–2012) ID 12 (1981–2009) OK 12 (1985–2023) SD 12 (1983–2005) MA 12 (1986–2015) DE 11 (1985–2026) AR 11 (1991–2008) SC 11 (1997–2014) NH 9 (1992–2025) DC 9 (1981–2009) UT 9 (1989–2020) MO 8 (1988–2021) NE 6 (1990–2013) MT 5 (1987–2024) IA 4 (1982–2001) WY 4 (2000–2015) NV 4 (1998–2006) AK 4 (1985–2015) RI 3 (1990–2010) KY 3 (1993–2001) VT 3 (1986–2020) ME 3 (1987–2024) VI 2 (2005–2011)

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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