gave instruction (Connecticut) · Go Syfert
← Connecticut issues

gave instruction in Connecticut

20 Connecticut opinions name it 3 courts 1913–2022 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 (9)

CaseFollowedCited
State v. Wrightgreen
conn · 1998 · cited in 1 Connecticut opinions naming this issue, 2007–2007
2 sentences

2007See, e.g., State v. Wright, 246 Conn. 132, 147 , *437 716 A.2d 870 (1998) (explaining that unlike first or second degree robbery, “the force used or threatened in a typical simple robbery does not involve any sort of weapon, and is perpetrated by a single assailant” [emphasis added]); State v. Ghere, 201 Conn. 289, 295 , 513 A.2d 1226 (1986) (“[s]imple robbery becomes robbery in the first degree if, in the course of the commission of the crime or of immediate flight therefrom, he or another participant in the crime . . . uses or threatens the use of a dangerous instrument” [internal quotation

2007See, e.g., State v. Wright, 246 Conn. 132, 147 , *437 716 A.2d 870 (1998) (explaining that unlike first or second degree robbery, “the force used or threatened in a typical simple robbery does not involve any sort of weapon, and is perpetrated by a single assailant” [emphasis added]); State v. Ghere, 201 Conn. 289, 295 , 513 A.2d 1226 (1986) (“[s]imple robbery becomes robbery in the first degree if, in the course of the commission of the crime or of immediate flight therefrom, he or another participant in the crime . . . uses or threatens the use of a dangerous instrument” [internal quotation

11
State v. Piersongreen
conn · 1986 · cited in 1 Connecticut opinions naming this issue, 2003–2003
2 sentences

2003See State v. Pierson, 201 Conn. 211, 217 , 514 A.2d 724 (1986) (“[o]ur acknowledgement of the fundamental principle that a criminal act must be volitional does not mean that a charge to a jury that omits reference to this principle is constitutionally defective where the evidence at trial contains no suggestion that the defendant’s conduct was involuntary and he has made no such claim either in the trial court or on appeal”), on appeal after remand, 208 Conn. 683 , 546 A.2d 268 (1988), cert. denied, 489 U.S. 1016 , 109 S. Ct. 1131 , 103 L.

2003See State v. Pierson, 201 Conn. 211, 217 , 514 A.2d 724 (1986) (“[o]ur acknowledgement of the fundamental principle that a criminal act must be volitional does not mean that a charge to a jury that omits reference to this principle is constitutionally defective where the evidence at trial contains no suggestion that the defendant’s conduct was involuntary and he has made no such claim either in the trial court or on appeal”), on appeal after remand, 208 Conn. 683 , 546 A.2d 268 (1988), cert. denied, 489 U.S. 1016 , 109 S. Ct. 1131 , 103 L.

11
State v. Piersongreen
conn · 1988 · cited in 1 Connecticut opinions naming this issue, 2003–2003
2 sentences

2003See State v. Pierson, 201 Conn. 211, 217 , 514 A.2d 724 (1986) (“[o]ur acknowledgement of the fundamental principle that a criminal act must be volitional does not mean that a charge to a jury that omits reference to this principle is constitutionally defective where the evidence at trial contains no suggestion that the defendant’s conduct was involuntary and he has made no such claim either in the trial court or on appeal”), on appeal after remand, 208 Conn. 683 , 546 A.2d 268 (1988), cert. denied, 489 U.S. 1016 , 109 S. Ct. 1131 , 103 L.

2003See State v. Pierson, 201 Conn. 211, 217 , 514 A.2d 724 (1986) (“[o]ur acknowledgement of the fundamental principle that a criminal act must be volitional does not mean that a charge to a jury that omits reference to this principle is constitutionally defective where the evidence at trial contains no suggestion that the defendant’s conduct was involuntary and he has made no such claim either in the trial court or on appeal”), on appeal after remand, 208 Conn. 683 , 546 A.2d 268 (1988), cert. denied, 489 U.S. 1016 , 109 S. Ct. 1131 , 103 L.

11
State v. Samuelsgreen
connappct · 2003 · cited in 1 Connecticut opinions naming this issue, 2003–2003
2 sentences

2003See State v. Samuels, 75 Conn. App. 671, 693 , 817 A.2d 719 (2003) (first two requirements of Golding involve determination of whether claim is reviewable).

2003See State v. Samuels, 75 Conn. App. 671, 693 , 817 A.2d 719 (2003) (first two requirements of Golding involve determination of whether claim is reviewable).

11
Brotherhood of Railway Carmen, Division of Transportation, Communications International Union v. CSX Transportation, Inc.green
scotus · 1989 · cited in 1 Connecticut opinions naming this issue, 2003–2003
1 sentence

2003See State v. Pierson, 201 Conn. 211, 217 , 514 A.2d 724 (1986) (“[o]ur acknowledgement of the fundamental principle that a criminal act must be volitional does not mean that a charge to a jury that omits reference to this principle is constitutionally defective where the evidence at trial contains no suggestion that the defendant’s conduct was involuntary and he has made no such claim either in the trial court or on appeal”), on appeal after remand, 208 Conn. 683 , 546 A.2d 268 (1988), cert. denied, 489 U.S. 1016 , 109 S. Ct. 1131 , 103 L.

11
Norfolk & Western Railway Co. v. Gardnergreen
scotus · 1989 · cited in 1 Connecticut opinions naming this issue, 2003–2003
1 sentence

2003See State v. Pierson, 201 Conn. 211, 217 , 514 A.2d 724 (1986) (“[o]ur acknowledgement of the fundamental principle that a criminal act must be volitional does not mean that a charge to a jury that omits reference to this principle is constitutionally defective where the evidence at trial contains no suggestion that the defendant’s conduct was involuntary and he has made no such claim either in the trial court or on appeal”), on appeal after remand, 208 Conn. 683 , 546 A.2d 268 (1988), cert. denied, 489 U.S. 1016 , 109 S. Ct. 1131 , 103 L.

11
W. Schlafhorst & Co. v. Schubert & Salzer Maschinenfabrik Aktiengesellschaftgreen
scotus · 1989 · cited in 1 Connecticut opinions naming this issue, 2003–2003
1 sentence

2003See State v. Pierson, 201 Conn. 211, 217 , 514 A.2d 724 (1986) (“[o]ur acknowledgement of the fundamental principle that a criminal act must be volitional does not mean that a charge to a jury that omits reference to this principle is constitutionally defective where the evidence at trial contains no suggestion that the defendant’s conduct was involuntary and he has made no such claim either in the trial court or on appeal”), on appeal after remand, 208 Conn. 683 , 546 A.2d 268 (1988), cert. denied, 489 U.S. 1016 , 109 S. Ct. 1131 , 103 L.

11
State v. McClarygreen
conn · 1988 · cited in 1 Connecticut opinions naming this issue, 2000–2000
2 sentences

2000Santopietro v. New Haven, 239 Conn. 207, 226 , 682 A.2d 106 (1996); see State v. McClary, 207 Conn. 233, 245 , 541 A.2d 96 (1988) (expert testimony required because nature and cause of victim’s injuries “manifestly beyond the ken of the average trier of fact, be it judge or jury”); see also Jaffe v. Dept. of Health, 135 Conn. 339, 349 , 64 A.2d 330 (1949); Sickmund v. Connecticut Co., 122 Conn. 375, 379 , 189 A. 876 (1937); Slimak v. Foster, 106 Conn. 366, 368 , 138 A. 153 (1927); Matyas v. Minck, 37 Conn. App. 321, 326 , 655 A.2d 1155 (1995).

2000Santopietro v. New Haven, 239 Conn. 207, 226 , 682 A.2d 106 (1996); see State v. McClary, 207 Conn. 233, 245 , 541 A.2d 96 (1988) (expert testimony required because nature and cause of victim’s injuries “manifestly beyond the ken of the average trier of fact, be it judge or jury”); see also Jaffe v. Dept. of Health, 135 Conn. 339, 349 , 64 A.2d 330 (1949); Sickmund v. Connecticut Co., 122 Conn. 375, 379 , 189 A. 876 (1937); Slimak v. Foster, 106 Conn. 366, 368 , 138 A. 153 (1927); Matyas v. Minck, 37 Conn. App. 321, 326 , 655 A.2d 1155 (1995).

11
Jaffe v. State Department of Healthgreen
conn · 1949 · cited in 1 Connecticut opinions naming this issue, 2000–2000
2 sentences

2000Santopietro v. New Haven, 239 Conn. 207, 226 , 682 A.2d 106 (1996); see State v. McClary, 207 Conn. 233, 245 , 541 A.2d 96 (1988) (expert testimony required because nature and cause of victim’s injuries “manifestly beyond the ken of the average trier of fact, be it judge or jury”); see also Jaffe v. Dept. of Health, 135 Conn. 339, 349 , 64 A.2d 330 (1949); Sickmund v. Connecticut Co., 122 Conn. 375, 379 , 189 A. 876 (1937); Slimak v. Foster, 106 Conn. 366, 368 , 138 A. 153 (1927); Matyas v. Minck, 37 Conn. App. 321, 326 , 655 A.2d 1155 (1995).

2000Santopietro v. New Haven, 239 Conn. 207, 226 , 682 A.2d 106 (1996); see State v. McClary, 207 Conn. 233, 245 , 541 A.2d 96 (1988) (expert testimony required because nature and cause of victim’s injuries “manifestly beyond the ken of the average trier of fact, be it judge or jury”); see also Jaffe v. Dept. of Health, 135 Conn. 339, 349 , 64 A.2d 330 (1949); Sickmund v. Connecticut Co., 122 Conn. 375, 379 , 189 A. 876 (1937); Slimak v. Foster, 106 Conn. 366, 368 , 138 A. 153 (1927); Matyas v. Minck, 37 Conn. App. 321, 326 , 655 A.2d 1155 (1995).

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 (29)

CaseCitedYears
State v. Payne green
connappct · 1987
2 sentences

1994State v. Payne, 12 Conn. App. 408 , 530 A.2d 1110 (1987).

1994State v. Payne, 12 Conn. App. 408 , 530 A.2d 1110 (1987).

21993–1994
State v. James G. green
conn · 2004
2 sentences

2022As this court has held, limiting instructions ‘‘serve to minimize any prejudicial effect that . . . evidence [of prior miscon- duct] otherwise may have had . . . .’’ (Citations omit- ted; internal quotation marks omitted.) State v. James G., 268 Conn. 382 , 397–98, 844 A.2d 810 (2004).

2022As this court has held, limiting instructions ‘‘serve to minimize any prejudicial effect that . . . evidence [of prior miscon- duct] otherwise may have had . . . .’’ (Citations omit- ted; internal quotation marks omitted.) State v. James G., 268 Conn. 382 , 397–98, 844 A.2d 810 (2004).

12022–2022
State v. Feliciano green
conn · 2001
2 sentences

2017Furthermore, we reject the defendant's argument that State v. Feliciano , 256 Conn. 429 , 778 A.2d 812 (2001), compels us to reach a different conclusion.

2017Furthermore, we reject the defendant's argument that State v. Feliciano , 256 Conn. 429 , 778 A.2d 812 (2001), compels us to reach a different conclusion.

12017–2017
State v. Douglas green
conn · 1987
2 sentences

2016Later, as part of the court's jury charge, the court gave an instruction regarding informant testimony, cautioning the jurors to consider such testimony with "particular care" and to "scrutinize it very carefully before you accept it." 41 At the outset, we note that "[a] witness qualified as an expert by knowledge, skill, experience, training, education or otherwise may testify in the form of an opinion or otherwise concerning scientific, technical or other specialized knowledge, if the testimony will assist the trier of fact in understanding the evidence or in determining a fact in issue." Co

2016Later, as part of the court's jury charge, the court gave an instruction regarding informant testimony, cautioning the jurors to consider such testimony with "particular care" and to "scrutinize it very carefully before you accept it." 41 At the outset, we note that "[a] witness qualified as an expert by knowledge, skill, experience, training, education or otherwise may testify in the form of an opinion or otherwise concerning scientific, technical or other specialized knowledge, if the testimony will assist the trier of fact in understanding the evidence or in determining a fact in issue." Co

12016–2016
State v. Moore green
conn · 2009
1 sentence

2014Our Supreme Court recently addressed the issue of a court’s failure to provide an accomplice credibility instruction as plain error in State v. Moore, supra, 293 Conn. 781 , holding that the lack of such an instruction did not require reversal because its failure to reverse would not result in manifest injustice.

12014–2014
State v. Banks green
connappct · 2009
2 sentences

2012“Absent evidence to the contrary, a jury is presumed to have followed the court’s instructions.” State v. Banks, 117 Conn. App. 102, 119 , 978 A.2d 519 , cert. denied, 294 Conn. 905 , 982 A.2d 1081 (2009).

2012“Absent evidence to the contrary, a jury is presumed to have followed the court’s instructions.” State v. Banks, 117 Conn. App. 102, 119 , 978 A.2d 519 , cert. denied, 294 Conn. 905 , 982 A.2d 1081 (2009).

12012–2012
Commission on Human Rights and Opportunities v. HOUSING AUTHORITY OF THE TOWN OF LITCHFIELD green
conn · 2009
1 sentence

2012“Absent evidence to the contrary, a jury is presumed to have followed the court’s instructions.” State v. Banks, 117 Conn. App. 102, 119 , 978 A.2d 519 , cert. denied, 294 Conn. 905 , 982 A.2d 1081 (2009).

12012–2012
Bradley v. Statewide Grievance Committee green
conn · 2009
1 sentence

2012“Absent evidence to the contrary, a jury is presumed to have followed the court’s instructions.” State v. Banks, 117 Conn. App. 102, 119 , 978 A.2d 519 , cert. denied, 294 Conn. 905 , 982 A.2d 1081 (2009).

12012–2012
State v. Ebron green
conn · 2009
2 sentences

2010The defendant did not, however, request a charge related to the defense of property, premises or dwelling, and the court did not give such a charge on those issues. *740 Although the right to establish a defense is a “ ‘fundamental element of due process of law’ State v. Ebron, 292 Conn. 656, 685 , 975 A.2d 17 (2009); our Supreme Court has concluded that “trial courts do not have a duty to charge the jury, sua sponte, on defenses, affirmative or nonaffirmative in nature, that are not requested by the defendant.” Id., 691-92 .

2010The defendant did not, however, request a charge related to the defense of property, premises or dwelling, and the court did not give such a charge on those issues. *740 Although the right to establish a defense is a “ ‘fundamental element of due process of law’ State v. Ebron, 292 Conn. 656, 685 , 975 A.2d 17 (2009); our Supreme Court has concluded that “trial courts do not have a duty to charge the jury, sua sponte, on defenses, affirmative or nonaffirmative in nature, that are not requested by the defendant.” Id., 691-92 .

12010–2010
State v. Rivet neutral
connappct · 2007
2 sentences

2008As this court recently stated in State v. Rivet, 99 Conn. App. 230 , 912 A.2d 1103 , cert. denied, 281 Conn. 923 , 918 A.2d 274 (2007): “The defendant’s claim is not novel.

2008As this court recently stated in State v. Rivet, 99 Conn. App. 230 , 912 A.2d 1103 , cert. denied, 281 Conn. 923 , 918 A.2d 274 (2007): “The defendant’s claim is not novel.

12008–2008
Sullivan v. Delisa green
conn · 2007
1 sentence

2008As this court recently stated in State v. Rivet, 99 Conn. App. 230 , 912 A.2d 1103 , cert. denied, 281 Conn. 923 , 918 A.2d 274 (2007): “The defendant’s claim is not novel.

12008–2008
State v. Rivet green
conn · 2007
1 sentence

2008As this court recently stated in State v. Rivet, 99 Conn. App. 230 , 912 A.2d 1103 , cert. denied, 281 Conn. 923 , 918 A.2d 274 (2007): “The defendant’s claim is not novel.

12008–2008
State v. Ghere green
conn · 1986
2 sentences

2007See, e.g., State v. Wright, 246 Conn. 132, 147 , *437 716 A.2d 870 (1998) (explaining that unlike first or second degree robbery, “the force used or threatened in a typical simple robbery does not involve any sort of weapon, and is perpetrated by a single assailant” [emphasis added]); State v. Ghere, 201 Conn. 289, 295 , 513 A.2d 1226 (1986) (“[s]imple robbery becomes robbery in the first degree if, in the course of the commission of the crime or of immediate flight therefrom, he or another participant in the crime . . . uses or threatens the use of a dangerous instrument” [internal quotation

2007See, e.g., State v. Wright, 246 Conn. 132, 147 , *437 716 A.2d 870 (1998) (explaining that unlike first or second degree robbery, “the force used or threatened in a typical simple robbery does not involve any sort of weapon, and is perpetrated by a single assailant” [emphasis added]); State v. Ghere, 201 Conn. 289, 295 , 513 A.2d 1226 (1986) (“[s]imple robbery becomes robbery in the first degree if, in the course of the commission of the crime or of immediate flight therefrom, he or another participant in the crime . . . uses or threatens the use of a dangerous instrument” [internal quotation

12007–2007
State v. Owens green
conn · 1995
1 sentence

2007The trial judge [further] instructed the jurors that they could find the defendant guilty of first degree robbery if they found, in addition to elements of simple robbery, that the defendant was ‘armed with a dangerous instrument.’ ” [Emphasis added.]), cert. denied, 235 Conn. 927 , 667 A.2d 554 (1995).

12007–2007
Spearhead Construction Corp. v. Bianco green
conn · 1995
1 sentence

2007The trial judge [further] instructed the jurors that they could find the defendant guilty of first degree robbery if they found, in addition to elements of simple robbery, that the defendant was ‘armed with a dangerous instrument.’ ” [Emphasis added.]), cert. denied, 235 Conn. 927 , 667 A.2d 554 (1995).

12007–2007
State v. Owens green
connappct · 1995
2 sentences

2007See, e.g., State v. Wright, 246 Conn. 132, 147 , *437 716 A.2d 870 (1998) (explaining that unlike first or second degree robbery, “the force used or threatened in a typical simple robbery does not involve any sort of weapon, and is perpetrated by a single assailant” [emphasis added]); State v. Ghere, 201 Conn. 289, 295 , 513 A.2d 1226 (1986) (“[s]imple robbery becomes robbery in the first degree if, in the course of the commission of the crime or of immediate flight therefrom, he or another participant in the crime . . . uses or threatens the use of a dangerous instrument” [internal quotation

2007See, e.g., State v. Wright, 246 Conn. 132, 147 , *437 716 A.2d 870 (1998) (explaining that unlike first or second degree robbery, “the force used or threatened in a typical simple robbery does not involve any sort of weapon, and is perpetrated by a single assailant” [emphasis added]); State v. Ghere, 201 Conn. 289, 295 , 513 A.2d 1226 (1986) (“[s]imple robbery becomes robbery in the first degree if, in the course of the commission of the crime or of immediate flight therefrom, he or another participant in the crime . . . uses or threatens the use of a dangerous instrument” [internal quotation

12007–2007
State v. Gibson green
connappct · 2003
2 sentences

2004All right.’ The court also stated that it might ‘address [the issue]’ during the course ‘of the charge to the jury.’ “The court gave no instruction during the trial, or in its final instruction[s] to the jury, as to the proper use of the evidence of the prior uncharged misconduct, which had occurred one or two years before August 7, 2000.” State v. Gibson, 75 Conn. App. 103, 106-109 , 815 A.2d 172 (2003).

2004All right.’ The court also stated that it might ‘address [the issue]’ during the course ‘of the charge to the jury.’ “The court gave no instruction during the trial, or in its final instruction[s] to the jury, as to the proper use of the evidence of the prior uncharged misconduct, which had occurred one or two years before August 7, 2000.” State v. Gibson, 75 Conn. App. 103, 106-109 , 815 A.2d 172 (2003).

12004–2004
State v. Golding green
conn · 1989
2 sentences

2001The defendant concedes that he failed to preserve this claim at trial and therefore seeks review under State v. Golding, 213 Conn. 233 , 567 A.2d 823 (1989). 5 Because the record is adequate for review and the claim advanced implicates a fundamental constitutional right, 6 the defendant has satisfied the first two prongs of Golding and is entitled to review of his unpreserved claim. “[U]nder . . .

2001The defendant concedes that he failed to preserve this claim at trial and therefore seeks review under State v. Golding, 213 Conn. 233 , 567 A.2d 823 (1989). 5 Because the record is adequate for review and the claim advanced implicates a fundamental constitutional right, 6 the defendant has satisfied the first two prongs of Golding and is entitled to review of his unpreserved claim. “[U]nder . . .

12001–2001
Worden v. Gore-Meenan Co. neutral
conn · 1910
1 sentence

2000The objectionable remarks were made not in the opening statement but in closing argument, cf. Worden at 83 Conn. at p. 653 — the most dramatic part of the trial after evidence is closed and after the offended party can respond through evidence or measured argument to the unfair comment and its implications.

12000–2000
Sickmund v. Connecticut Co. green
conn · 1937
12000–2000
Slimak v. Foster green
conn · 1927
2 sentences

2000Santopietro v. New Haven, 239 Conn. 207, 226 , 682 A.2d 106 (1996); see State v. McClary, 207 Conn. 233, 245 , 541 A.2d 96 (1988) (expert testimony required because nature and cause of victim’s injuries “manifestly beyond the ken of the average trier of fact, be it judge or jury”); see also Jaffe v. Dept. of Health, 135 Conn. 339, 349 , 64 A.2d 330 (1949); Sickmund v. Connecticut Co., 122 Conn. 375, 379 , 189 A. 876 (1937); Slimak v. Foster, 106 Conn. 366, 368 , 138 A. 153 (1927); Matyas v. Minck, 37 Conn. App. 321, 326 , 655 A.2d 1155 (1995).

2000Santopietro v. New Haven, 239 Conn. 207, 226 , 682 A.2d 106 (1996); see State v. McClary, 207 Conn. 233, 245 , 541 A.2d 96 (1988) (expert testimony required because nature and cause of victim’s injuries “manifestly beyond the ken of the average trier of fact, be it judge or jury”); see also Jaffe v. Dept. of Health, 135 Conn. 339, 349 , 64 A.2d 330 (1949); Sickmund v. Connecticut Co., 122 Conn. 375, 379 , 189 A. 876 (1937); Slimak v. Foster, 106 Conn. 366, 368 , 138 A. 153 (1927); Matyas v. Minck, 37 Conn. App. 321, 326 , 655 A.2d 1155 (1995).

12000–2000
Santopietro v. City of New Haven green
conn · 1996
12000–2000
Matyas v. Minck green
connappct · 1995
2 sentences

2000Santopietro v. New Haven, 239 Conn. 207, 226 , 682 A.2d 106 (1996); see State v. McClary, 207 Conn. 233, 245 , 541 A.2d 96 (1988) (expert testimony required because nature and cause of victim’s injuries “manifestly beyond the ken of the average trier of fact, be it judge or jury”); see also Jaffe v. Dept. of Health, 135 Conn. 339, 349 , 64 A.2d 330 (1949); Sickmund v. Connecticut Co., 122 Conn. 375, 379 , 189 A. 876 (1937); Slimak v. Foster, 106 Conn. 366, 368 , 138 A. 153 (1927); Matyas v. Minck, 37 Conn. App. 321, 326 , 655 A.2d 1155 (1995).

2000Santopietro v. New Haven, 239 Conn. 207, 226 , 682 A.2d 106 (1996); see State v. McClary, 207 Conn. 233, 245 , 541 A.2d 96 (1988) (expert testimony required because nature and cause of victim’s injuries “manifestly beyond the ken of the average trier of fact, be it judge or jury”); see also Jaffe v. Dept. of Health, 135 Conn. 339, 349 , 64 A.2d 330 (1949); Sickmund v. Connecticut Co., 122 Conn. 375, 379 , 189 A. 876 (1937); Slimak v. Foster, 106 Conn. 366, 368 , 138 A. 153 (1927); Matyas v. Minck, 37 Conn. App. 321, 326 , 655 A.2d 1155 (1995).

12000–2000
State v. Bova green
conn · 1997
11998–1998
DeLaurentis v. City of New Haven green
conn · 1991
11994–1994
Murray v. Krenz green
conn · 1920
11994–1994
State v. Elliott green
conn · 1979
11984–1984
State v. Evans green
conn · 1973
11984–1984
State v. Johnson green
conn · 1873
11913–1913

Statutes the citing opinions construe

CT § Conn. Gen. Stat. § 53a-54a (6) CT § Conn. Gen. Stat. § 53a-19 (3) CT § Conn. Gen. Stat. § 53a-59 (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

CA 265 (1899–2026) MO 88 (1877–2025) IL 70 (1883–2024) WA 66 (1906–2026) FL 45 (1970–2025) TX 42 (1919–2026) IN 41 (1835–2018) NY 33 (1930–2024) OK 32 (1897–2009) AR 30 (1861–2010) OH 29 (1982–2026) MI 25 (1926–2025) KY 24 (1912–2016) GA 23 (1974–2025) OR 22 (1963–2026) KS 21 (1900–2020) CT 20 (1913–2022) CO 19 (1947–2026) IA 19 (1882–2017) NC 19 (1929–2026) NE 19 (1907–2023) AZ 18 (1945–2019) PA 18 (1932–2026) VA 15 (1929–2026) DC 13 (1974–2014) LA 11 (1984–2020) MN 11 (1974–2026) AL 11 (1918–2013) WY 10 (1907–2025) ID 9 (1932–2013) NM 9 (1952–2018) TN 9 (1934–2026) NJ 8 (1976–2025) MS 8 (1967–2026) MT 7 (1905–1988) WV 7 (1891–2016) UT 6 (1911–2022) NH 6 (1970–2017) HI 5 (1962–2015) SD 5 (1900–1999) MD 5 (1970–2021) NV 4 (1914–2014) ME 4 (1991–2005) ND 4 (1974–2003) WI 4 (1958–1995) AK 3 (1971–1985)

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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