defendant contends instruction (Connecticut) · Go Syfert
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defendant contends instruction in Connecticut

20 Connecticut opinions name it 2 courts 1950–2022 1 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. Dunnegreen
iowa · 1944 · cited in 1 Connecticut opinions naming this issue, 2006–2006
1 sentence

2006See State v. Dunne, 234 Iowa 1185, 1192 , 15 N.W.2d 296 (1944) (“[t]he question whether an alibi is claimed is not settled by what a defendant contends his defense is”).

11
State v. Scarpiellogreen
conn · 1996 · cited in 1 Connecticut opinions naming this issue, 1999–1999
2 sentences

1999See State v. Scarpiello, 40 Conn. App. 189, 206-207 , 670 A.2d 856 , cert. denied, 236 Conn. 921 , 674 A.2d 1327 (1996).

1999See State v. Scarpiello, 40 Conn. App. 189, 206-207 , 670 A.2d 856 , cert. denied, 236 Conn. 921 , 674 A.2d 1327 (1996).

11
State v. Scarpiellogreen
connappct · 1996 · cited in 1 Connecticut opinions naming this issue, 1999–1999
2 sentences

1999See State v. Scarpiello, 40 Conn. App. 189, 206-207 , 670 A.2d 856 , cert. denied, 236 Conn. 921 , 674 A.2d 1327 (1996).

1999See State v. Scarpiello, 40 Conn. App. 189, 206-207 , 670 A.2d 856 , cert. denied, 236 Conn. 921 , 674 A.2d 1327 (1996).

11
State v. Willisgreen
conn · 1898 · cited in 1 Connecticut opinions naming this issue, 1950–1950
2 sentences

1950“Such a statement . . ., while it cannot be regarded as the equivalent of direct testimony, is some evidence, circumstantial in its nature, of the truth of the fact contained in it and under the circumstances of a particular case may be sufficient evidence of that fact.” Perrelli v. Savas, 115 Conn. 42, 44 , 160 A. 311 ; State v. LaLouche, 116 Conn. 691, 696 , 166 A. 252 ; State v. Willis, 71 Conn. 293, 306, 308 , 41 A. 820 .

1950“Such a statement . . ., while it cannot be regarded as the equivalent of direct testimony, is some evidence, circumstantial in its nature, of the truth of the fact contained in it and under the circumstances of a particular case may be sufficient evidence of that fact.” Perrelli v. Savas, 115 Conn. 42, 44 , 160 A. 311 ; State v. LaLouche, 116 Conn. 691, 696 , 166 A. 252 ; State v. Willis, 71 Conn. 293, 306, 308 , 41 A. 820 .

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 (26)

CaseCitedYears
State v. Golding green
conn · 1989
2 sentences

2020Instead, it can defeat the defense of self-defense by disproving any one of the four elements of self-defense beyond a reasonable doubt to your unanimous satisfaction.’’ 6 The defendant contends that his claim is of constitutional magnitude because it implicates the constitutional right to a unanimous verdict and otherwise satisfies the requirements of State v. Golding, 213 Conn. 233 , 239–40, 567 A.2d 823 (1989), as modified by In re Yasiel R., 317 Conn. 773 , 781, 120 A.3d 1188 (2015).

2020Instead, it can defeat the defense of self-defense by disproving any one of the four elements of self-defense beyond a reasonable doubt to your unanimous satisfaction.’’ 6 The defendant contends that his claim is of constitutional magnitude because it implicates the constitutional right to a unanimous verdict and otherwise satisfies the requirements of State v. Golding, 213 Conn. 233 , 239–40, 567 A.2d 823 (1989), as modified by In re Yasiel R., 317 Conn. 773 , 781, 120 A.3d 1188 (2015).

61999–2020
O'Bryan v. O'Bryan green
conn · 2003
2 sentences

2022We emphasize that the Superior Court is provided, by our statutes, with ‘‘plenary and general subject matter jurisdic- tion over legal disputes in family relations matters, including custody and support.’’ (Internal quotation marks omitted.) O’Bryan v. O’Bryan, 67 Conn. App. 51, 54 , 787 A.2d 15 (2001), aff’d, 262 Conn. 355 , 813 A.2d 1001 (2003).

2022We emphasize that the Superior Court is provided, by our statutes, with ‘‘plenary and general subject matter jurisdic- tion over legal disputes in family relations matters, including custody and support.’’ (Internal quotation marks omitted.) O’Bryan v. O’Bryan, 67 Conn. App. 51, 54 , 787 A.2d 15 (2001), aff’d, 262 Conn. 355 , 813 A.2d 1001 (2003).

12022–2022
O'Bryan v. O'Bryan green
connappct · 2001
2 sentences

2022We emphasize that the Superior Court is provided, by our statutes, with ‘‘plenary and general subject matter jurisdic- tion over legal disputes in family relations matters, including custody and support.’’ (Internal quotation marks omitted.) O’Bryan v. O’Bryan, 67 Conn. App. 51, 54 , 787 A.2d 15 (2001), aff’d, 262 Conn. 355 , 813 A.2d 1001 (2003).

2022We emphasize that the Superior Court is provided, by our statutes, with ‘‘plenary and general subject matter jurisdic- tion over legal disputes in family relations matters, including custody and support.’’ (Internal quotation marks omitted.) O’Bryan v. O’Bryan, 67 Conn. App. 51, 54 , 787 A.2d 15 (2001), aff’d, 262 Conn. 355 , 813 A.2d 1001 (2003).

12022–2022
State v. Kitchens green
conn · 2011
2 sentences

2018In response, the state argues that the defendant is not entitled to review of this claim because (1) it was not preserved by the defendant's request to charge, and (2) the defendant has either induced these errors or waived them pursuant to State v. Kitchens , 299 Conn. 447 , 10 A.3d 942 (2011). 9 We conclude that the defendant's claim was not preserved by his request to charge or exceptions taken at trial and, accordingly, we do not reach its merits.

2018In response, the state argues that the defendant is not entitled to review of this claim because (1) it was not preserved by the defendant's request to charge, and (2) the defendant has either induced these errors or waived them pursuant to State v. Kitchens , 299 Conn. 447 , 10 A.3d 942 (2011). 9 We conclude that the defendant's claim was not preserved by his request to charge or exceptions taken at trial and, accordingly, we do not reach its merits.

12018–2018
State v. Patterson green
conn · 2005
2 sentences

2018Our Supreme Court adopted the jailhouse informant exception in State v. Patterson , 276 Conn. 452 , 886 A.2d 777 (2005), holding that a special credibility instruction is required in situations where a prison inmate "has been promised a benefit by the state in return for his or her testimony" regarding incriminating statements made by a fellow inmate.

2018Our Supreme Court adopted the jailhouse informant exception in State v. Patterson , 276 Conn. 452 , 886 A.2d 777 (2005), holding that a special credibility instruction is required in situations where a prison inmate "has been promised a benefit by the state in return for his or her testimony" regarding incriminating statements made by a fellow inmate.

12018–2018
State v. JOSE G. green
conn · 2009
2 sentences

2012Because the defendant must plainly put the trial court on notice as to the specific basis for his objection; see Practice Book § 60-5; State v. Jose G., 290 Conn. 331, 342-43 , 963 A.2d 42 (2009); he did not preserve the objection that he now raises on appeal.

2012Because the defendant must plainly put the trial court on notice as to the specific basis for his objection; see Practice Book § 60-5; State v. Jose G., 290 Conn. 331, 342-43 , 963 A.2d 42 (2009); he did not preserve the objection that he now raises on appeal.

12012–2012
State v. Preyer green
conn · 1985
2 sentences

2009The defendant acknowledges that he did not raise an objection before the trial court, and, accordingly, seeks to prevail on this unpreserved claim under either State v. Golding, 213 Conn. 233, 239-40 , 567 A.2d 823 (1989), 5 or the plain error doctrine. 6 *35 The state responds that the defendant’s claim fails to satisfy the second prong of Golding because, as this court has stated, “an instructional omission with respect to an affirmative defense such as legal insanity does not rise to the level of a constitutional violation.” 7 Slate v. Wilson, 242 Conn. 605, 632 , 700 A.2d 633 (1997); *36 a

2009The defendant acknowledges that he did not raise an objection before the trial court, and, accordingly, seeks to prevail on this unpreserved claim under either State v. Golding, 213 Conn. 233, 239-40 , 567 A.2d 823 (1989), 5 or the plain error doctrine. 6 *35 The state responds that the defendant’s claim fails to satisfy the second prong of Golding because, as this court has stated, “an instructional omission with respect to an affirmative defense such as legal insanity does not rise to the level of a constitutional violation.” 7 Slate v. Wilson, 242 Conn. 605, 632 , 700 A.2d 633 (1997); *36 a

12009–2009
State v. Suggs green
conn · 1989
2 sentences

2009The defendant acknowledges that he did not raise an objection before the trial court, and, accordingly, seeks to prevail on this unpreserved claim under either State v. Golding, 213 Conn. 233, 239-40 , 567 A.2d 823 (1989), 5 or the plain error doctrine. 6 *35 The state responds that the defendant’s claim fails to satisfy the second prong of Golding because, as this court has stated, “an instructional omission with respect to an affirmative defense such as legal insanity does not rise to the level of a constitutional violation.” 7 Slate v. Wilson, 242 Conn. 605, 632 , 700 A.2d 633 (1997); *36 a

2009The defendant acknowledges that he did not raise an objection before the trial court, and, accordingly, seeks to prevail on this unpreserved claim under either State v. Golding, 213 Conn. 233, 239-40 , 567 A.2d 823 (1989), 5 or the plain error doctrine. 6 *35 The state responds that the defendant’s claim fails to satisfy the second prong of Golding because, as this court has stated, “an instructional omission with respect to an affirmative defense such as legal insanity does not rise to the level of a constitutional violation.” 7 Slate v. Wilson, 242 Conn. 605, 632 , 700 A.2d 633 (1997); *36 a

12009–2009
State v. Foreshaw green
conn · 1990
2 sentences

2009The defendant acknowledges that he did not raise an objection before the trial court, and, accordingly, seeks to prevail on this unpreserved claim under either State v. Golding, 213 Conn. 233, 239-40 , 567 A.2d 823 (1989), 5 or the plain error doctrine. 6 *35 The state responds that the defendant’s claim fails to satisfy the second prong of Golding because, as this court has stated, “an instructional omission with respect to an affirmative defense such as legal insanity does not rise to the level of a constitutional violation.” 7 Slate v. Wilson, 242 Conn. 605, 632 , 700 A.2d 633 (1997); *36 a

2009The defendant acknowledges that he did not raise an objection before the trial court, and, accordingly, seeks to prevail on this unpreserved claim under either State v. Golding, 213 Conn. 233, 239-40 , 567 A.2d 823 (1989), 5 or the plain error doctrine. 6 *35 The state responds that the defendant’s claim fails to satisfy the second prong of Golding because, as this court has stated, “an instructional omission with respect to an affirmative defense such as legal insanity does not rise to the level of a constitutional violation.” 7 Slate v. Wilson, 242 Conn. 605, 632 , 700 A.2d 633 (1997); *36 a

12009–2009
State v. Wilson green
conn · 1997
2 sentences

2009The defendant acknowledges that he did not raise an objection before the trial court, and, accordingly, seeks to prevail on this unpreserved claim under either State v. Golding, 213 Conn. 233, 239-40 , 567 A.2d 823 (1989), 5 or the plain error doctrine. 6 *35 The state responds that the defendant’s claim fails to satisfy the second prong of Golding because, as this court has stated, “an instructional omission with respect to an affirmative defense such as legal insanity does not rise to the level of a constitutional violation.” 7 Slate v. Wilson, 242 Conn. 605, 632 , 700 A.2d 633 (1997); *36 a

2009The defendant acknowledges that he did not raise an objection before the trial court, and, accordingly, seeks to prevail on this unpreserved claim under either State v. Golding, 213 Conn. 233, 239-40 , 567 A.2d 823 (1989), 5 or the plain error doctrine. 6 *35 The state responds that the defendant’s claim fails to satisfy the second prong of Golding because, as this court has stated, “an instructional omission with respect to an affirmative defense such as legal insanity does not rise to the level of a constitutional violation.” 7 Slate v. Wilson, 242 Conn. 605, 632 , 700 A.2d 633 (1997); *36 a

12009–2009
State v. Flowers green
conn · 2006
2 sentences

2009Arguing that criminal attempt requires the defendant to have acted intentionally, the defendant contends that the instruction was misleading, citing State v. Flowers, 278 Conn. 533 , 898 A.2d 789 (2006), for the proposition that the court cannot instruct a *555 jury to find that a defendant “intended an unintentional result . . . .” Id., 544 .

2009Arguing that criminal attempt requires the defendant to have acted intentionally, the defendant contends that the instruction was misleading, citing State v. Flowers, 278 Conn. 533 , 898 A.2d 789 (2006), for the proposition that the court cannot instruct a *555 jury to find that a defendant “intended an unintentional result . . . .” Id., 544 .

12009–2009
State v. Childree green
conn · 1983
2 sentences

2006The defendant contends that defense counsel provided ineffective assistance and that "a claim of ineffective assistance of counsel ... is a factor to be taken into consideration in determining whether a guilty plea was voluntary and intelligent." (Internal quotation marks omitted.) State v. Childree, supra, 189 Conn. at 124 , 454 A.2d 1274 .

2006The defendant contends that defense counsel provided ineffective assistance and that "a claim of ineffective assistance of counsel ... is a factor to be taken into consideration in determining whether a guilty plea was voluntary and intelligent." (Internal quotation marks omitted.) State v. Childree, supra, 189 Conn. at 124 , 454 A.2d 1274 .

12006–2006
State v. Schiappa green
conn · 1999
2 sentences

2000Ill The defendant also claims that he is entitled to a new trial in light of the trial court’s jury instruction that “[t]he law is made to protect society and innocent persons and not to protect guilty ones.” Specifically, the defendant contends that this instruction undermined the presumption of innocence, thereby diluting the state’s burden of proof in violation of his fifth amendment right to due process and his sixth amendment right to a jury trial. 33 The defendant concedes that this claim is foreclosed by our recent decision in State v. Schiappa, 248 Conn. 132, 168-73 , 728 A.2d 466 , ce

2000Ill The defendant also claims that he is entitled to a new trial in light of the trial court’s jury instruction that “[t]he law is made to protect society and innocent persons and not to protect guilty ones.” Specifically, the defendant contends that this instruction undermined the presumption of innocence, thereby diluting the state’s burden of proof in violation of his fifth amendment right to due process and his sixth amendment right to a jury trial. 33 The defendant concedes that this claim is foreclosed by our recent decision in State v. Schiappa, 248 Conn. 132, 168-73 , 728 A.2d 466 , ce

12000–2000
Rentz v. Davis, Dir. Gen'l. green
· 1922
1 sentence

2000Ill The defendant also claims that he is entitled to a new trial in light of the trial court’s jury instruction that “[t]he law is made to protect society and innocent persons and not to protect guilty ones.” Specifically, the defendant contends that this instruction undermined the presumption of innocence, thereby diluting the state’s burden of proof in violation of his fifth amendment right to due process and his sixth amendment right to a jury trial. 33 The defendant concedes that this claim is foreclosed by our recent decision in State v. Schiappa, 248 Conn. 132, 168-73 , 728 A.2d 466 , ce

12000–2000
Bristol Federal Savings Bank v. Gagnon green
conn · 1991
2 sentences

1998The defendant contends that if defense counsel questioned Cabral concerning his advice to her with respect to the alibi, he would have been, in effect, testifying as an unsworn witness while at the same time acting as an advocate. 1 “Practice Book § 4061 provides that ‘[t]he court shall not be bound to consider a claim unless it was distinctly raised at the trial or arose subsequent to the trial. . . .’ This court follows the ‘[long-standing] rule that absent certain exceptional circumstances . . . claims not distinctly raised at trial will not be reviewed on appeal.’ Biggs v. Warden, 26 Conn.

1998The defendant contends that if defense counsel questioned Cabral concerning his advice to her with respect to the alibi, he would have been, in effect, testifying as an unsworn witness while at the same time acting as an advocate. 1 “Practice Book § 4061 provides that ‘[t]he court shall not be bound to consider a claim unless it was distinctly raised at the trial or arose subsequent to the trial. . . .’ This court follows the ‘[long-standing] rule that absent certain exceptional circumstances . . . claims not distinctly raised at trial will not be reviewed on appeal.’ Biggs v. Warden, 26 Conn.

11998–1998
Biggs v. Warden green
connappct · 1991
2 sentences

1998The defendant contends that if defense counsel questioned Cabral concerning his advice to her with respect to the alibi, he would have been, in effect, testifying as an unsworn witness while at the same time acting as an advocate. 1 “Practice Book § 4061 provides that ‘[t]he court shall not be bound to consider a claim unless it was distinctly raised at the trial or arose subsequent to the trial. . . .’ This court follows the ‘[long-standing] rule that absent certain exceptional circumstances . . . claims not distinctly raised at trial will not be reviewed on appeal.’ Biggs v. Warden, 26 Conn.

1998The defendant contends that if defense counsel questioned Cabral concerning his advice to her with respect to the alibi, he would have been, in effect, testifying as an unsworn witness while at the same time acting as an advocate. 1 “Practice Book § 4061 provides that ‘[t]he court shall not be bound to consider a claim unless it was distinctly raised at the trial or arose subsequent to the trial. . . .’ This court follows the ‘[long-standing] rule that absent certain exceptional circumstances . . . claims not distinctly raised at trial will not be reviewed on appeal.’ Biggs v. Warden, 26 Conn.

11998–1998
State v. Jarzbek green
conn · 1987
2 sentences

1992He relies on State v. Jarzbek, 204 Conn. 683, 705 , 529 A.2d 1245 (1987), cert. denied, 484 U.S. 1061 , 108 S. Ct. 1017 , 98 L.

1992He relies on State v. Jarzbek, 204 Conn. 683, 705 , 529 A.2d 1245 (1987), cert. denied, 484 U.S. 1061 , 108 S. Ct. 1017 , 98 L.

11992–1992
Jovanovic v. United States green
scotus · 1988
1 sentence

1992He relies on State v. Jarzbek, 204 Conn. 683, 705 , 529 A.2d 1245 (1987), cert. denied, 484 U.S. 1061 , 108 S. Ct. 1017 , 98 L.

11992–1992
Jensen v. Satran green
scotus · 1988
1 sentence

1992He relies on State v. Jarzbek, 204 Conn. 683, 705 , 529 A.2d 1245 (1987), cert. denied, 484 U.S. 1061 , 108 S. Ct. 1017 , 98 L.

11992–1992
Gregory Lumber Co. v. United States green
scotus · 1988
1 sentence

1992He relies on State v. Jarzbek, 204 Conn. 683, 705 , 529 A.2d 1245 (1987), cert. denied, 484 U.S. 1061 , 108 S. Ct. 1017 , 98 L.

11992–1992
State v. Townsend green
conn · 1988
2 sentences

1989State v. Townsend, 206 Conn. 621, 627 , 539 A.2d 114 (1989).

1989State v. Townsend, 206 Conn. 621, 627 , 539 A.2d 114 (1989).

11989–1989
State v. Castagna green
conn · 1976
2 sentences

1979The defendant contends that his privilege against self-incrimination and right to due process were violated by the trial court’s indirect comment upon his failure to testify when, in the course of the portion of the charge relating to intent, the court stated that intent ordinarily must be determined from circumstantial evidence “aside from that person’s own testimony.” For the same reasons that we rejected this precise claim in State v. Castagna, 170 Conn. 80, 91-92 , 364 A.2d 200 , we find no merit to the defendant’s argument in the present ease.

1979The defendant contends that his privilege against self-incrimination and right to due process were violated by the trial court’s indirect comment upon his failure to testify when, in the course of the portion of the charge relating to intent, the court stated that intent ordinarily must be determined from circumstantial evidence “aside from that person’s own testimony.” For the same reasons that we rejected this precise claim in State v. Castagna, 170 Conn. 80, 91-92 , 364 A.2d 200 , we find no merit to the defendant’s argument in the present ease.

11979–1979
Stoll v. Almon C. Judd Co. green
· 1927
1 sentence

1965Judd Co., 106 Conn. 551, 600 , and Saporiti v. Austin A. Chambers Co., 134 Conn. 476, 479 , required the plaintiffs to produce some evidence other than their own opinions in establishing values.

11965–1965
Saporiti v. Austin A. Chambers Co. green
conn · 1948
1 sentence

1965Judd Co., 106 Conn. 551, 600 , and Saporiti v. Austin A. Chambers Co., 134 Conn. 476, 479 , required the plaintiffs to produce some evidence other than their own opinions in establishing values.

11965–1965
State v. Lalouche green
conn · 1933
2 sentences

1950“Such a statement . . ., while it cannot be regarded as the equivalent of direct testimony, is some evidence, circumstantial in its nature, of the truth of the fact contained in it and under the circumstances of a particular case may be sufficient evidence of that fact.” Perrelli v. Savas, 115 Conn. 42, 44 , 160 A. 311 ; State v. LaLouche, 116 Conn. 691, 696 , 166 A. 252 ; State v. Willis, 71 Conn. 293, 306, 308 , 41 A. 820 .

1950“Such a statement . . ., while it cannot be regarded as the equivalent of direct testimony, is some evidence, circumstantial in its nature, of the truth of the fact contained in it and under the circumstances of a particular case may be sufficient evidence of that fact.” Perrelli v. Savas, 115 Conn. 42, 44 , 160 A. 311 ; State v. LaLouche, 116 Conn. 691, 696 , 166 A. 252 ; State v. Willis, 71 Conn. 293, 306, 308 , 41 A. 820 .

11950–1950
Perrelli v. Savas neutral
conn · 1932
2 sentences

1950“Such a statement . . ., while it cannot be regarded as the equivalent of direct testimony, is some evidence, circumstantial in its nature, of the truth of the fact contained in it and under the circumstances of a particular case may be sufficient evidence of that fact.” Perrelli v. Savas, 115 Conn. 42, 44 , 160 A. 311 ; State v. LaLouche, 116 Conn. 691, 696 , 166 A. 252 ; State v. Willis, 71 Conn. 293, 306, 308 , 41 A. 820 .

1950“Such a statement . . ., while it cannot be regarded as the equivalent of direct testimony, is some evidence, circumstantial in its nature, of the truth of the fact contained in it and under the circumstances of a particular case may be sufficient evidence of that fact.” Perrelli v. Savas, 115 Conn. 42, 44 , 160 A. 311 ; State v. LaLouche, 116 Conn. 691, 696 , 166 A. 252 ; State v. Willis, 71 Conn. 293, 306, 308 , 41 A. 820 .

11950–1950

Statutes the citing opinions construe

CT § Conn. Gen. Stat. § 51-199 (5) CT § Conn. Gen. Stat. § 53a-54a (5) CT § Conn. Gen. Stat. § 53a-59 (5) CT § Conn. Gen. Stat. § 53a-134 (4) CT § Conn. Gen. Stat. § 53a-70 (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 83 (1884–2025) IL 33 (1930–2025) MA 24 (1842–2025) TN 21 (1975–2016) CT 20 (1950–2022) NC 19 (1943–1999) CA 13 (1914–2026) LA 10 (1944–2015) NH 9 (1986–2018) NE 9 (1905–1973) OK 8 (1924–1979) GA 7 (1951–1985) OR 6 (1939–1981) MO 6 (1905–1986) MI 5 (1971–2023) WI 5 (1949–1994) RI 5 (1987–2021) IN 4 (1978–2000) KS 4 (1919–1996) FL 3 (2011–2018) IA 3 (1929–1969) CO 3 (1973–2003) OH 2 (1947–1979) VA 2 (2000–2006) NJ 2 (1998–2026) DE 2 (1938–1981) WA 2 (1963–1990) AL 2 (1953–1997)

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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