fair and just hearing (Connecticut) · Go Syfert
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fair and just hearing in Connecticut

18 Connecticut opinions name it 2 courts 1988–2018 0 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 (12)

CaseFollowedCited
State v. Holbrookgreen
connappct · 2006 · cited in 2 Connecticut opinions naming this issue, 2008–2013
2 sentences

2008In State v. Lopez, 271 Conn. 724 , 859 A.2d 898 (2004), our Supreme Court stated that “[i]n judging whether a particular segment of a criminal proceeding constitutes a critical stage of a defendant’s prosecution, courts have evaluated the extent to which a fair and just hearing would be thwarted by [the defendant’s] absence or whether his presence has a relation, reasonably substantial, to the fullness of his opportunity to defend against the charge.” (Internal quotation marks omitted.) Id., 732 ; see also State v. Holbrook, 97 Conn. App. 490, 494-95 , 906 A.2d 4 , cert. denied, 280 Conn. 935

2008In State v. Lopez, 271 Conn. 724 , 859 A.2d 898 (2004), our Supreme Court stated that “[i]n judging whether a particular segment of a criminal proceeding constitutes a critical stage of a defendant’s prosecution, courts have evaluated the extent to which a fair and just hearing would be thwarted by [the defendant’s] absence or whether his presence has a relation, reasonably substantial, to the fullness of his opportunity to defend against the charge.” (Internal quotation marks omitted.) Id., 732 ; see also State v. Holbrook, 97 Conn. App. 490, 494-95 , 906 A.2d 4 , cert. denied, 280 Conn. 935

22
State v. Culvergreen
conn · 2006 · cited in 2 Connecticut opinions naming this issue, 2008–2013
2 sentences

2013Id., 732 ; see also State v. Holbrook, 97 Conn. App. 490, 494-95 , 906 A.2d 4 , cert. denied, 280 Conn. 935 , 909 A.2d 962 (2006); State v. McNellis, 15 Conn. App. 416, 431-32 , 546 A.2d 292 , cert. denied, 209 Conn. 809 , 548 A.2d 441 (1988).

2008In State v. Lopez, 271 Conn. 724 , 859 A.2d 898 (2004), our Supreme Court stated that “[i]n judging whether a particular segment of a criminal proceeding constitutes a critical stage of a defendant’s prosecution, courts have evaluated the extent to which a fair and just hearing would be thwarted by [the defendant’s] absence or whether his presence has a relation, reasonably substantial, to the fullness of his opportunity to defend against the charge.” (Internal quotation marks omitted.) Id., 732 ; see also State v. Holbrook, 97 Conn. App. 490, 494-95 , 906 A.2d 4 , cert. denied, 280 Conn. 935

22
State v. Galarzagreen
conn · 2006 · cited in 2 Connecticut opinions naming this issue, 2008–2013
2 sentences

2013Id., 732 ; see also State v. Holbrook, 97 Conn. App. 490, 494-95 , 906 A.2d 4 , cert. denied, 280 Conn. 935 , 909 A.2d 962 (2006); State v. McNellis, 15 Conn. App. 416, 431-32 , 546 A.2d 292 , cert. denied, 209 Conn. 809 , 548 A.2d 441 (1988).

2008In State v. Lopez, 271 Conn. 724 , 859 A.2d 898 (2004), our Supreme Court stated that “[i]n judging whether a particular segment of a criminal proceeding constitutes a critical stage of a defendant’s prosecution, courts have evaluated the extent to which a fair and just hearing would be thwarted by [the defendant’s] absence or whether his presence has a relation, reasonably substantial, to the fullness of his opportunity to defend against the charge.” (Internal quotation marks omitted.) Id., 732 ; see also State v. Holbrook, 97 Conn. App. 490, 494-95 , 906 A.2d 4 , cert. denied, 280 Conn. 935

22
State v. Brunettigreen
conn · 2006 · cited in 2 Connecticut opinions naming this issue, 2009–2010
2 sentences

2010As a result, we cannot determine the extent to which a fair and just hearing would have been thwarted by the defendant’s absence or whether his presence has a reasonably substantial relation to the fullness of his opportunity to defend against the criminal charges.” (Internal quotation marks omitted.) Id., 492-93 ; see also State v. Brunetti, 279 Conn. 39, 63 , 901 A.2d 1 (2006) (“Our role is not to guess at possibilities . . . but to review claims based on a complete factual record developed by a trial court. . . .

2010As a result, we cannot determine the extent to which a fair and just hearing would have been thwarted by the defendant’s absence or whether his presence has a reasonably substantial relation to the fullness of his opportunity to defend against the criminal charges.” (Internal quotation marks omitted.) Id., 492-93 ; see also State v. Brunetti, 279 Conn. 39, 63 , 901 A.2d 1 (2006) (“Our role is not to guess at possibilities . . . but to review claims based on a complete factual record developed by a trial court. . . .

22
Faretta v. Californiagreen
scotus · 1975 · cited in 2 Connecticut opinions naming this issue, 1988–2010
2 sentences

1988B The United States Supreme Court has also recognized a defendant’s right, under the due process clause of the fourteenth amendment to the federal constitution, “to be present in his own person whenever his presence has a relation, reasonably substantial, to the fullness of his opportunity to defend against the charge.” Snyder v. Massachusetts, supra, 105-106 . “[T]he presence of a defendant is a condition of due process to the extent that a fair and just hearing would be thwarted by his absence, and to that extent only.” Id., 107-108 ; see also Faretta v. California, 422 U.S. 806 , 819 n.15,

1988B The United States Supreme Court has also recognized a defendant’s right, under the due process clause of the fourteenth amendment to the federal constitution, “to be present in his own person whenever his presence has a relation, reasonably substantial, to the fullness of his opportunity to defend against the charge.” Snyder v. Massachusetts, supra, 105-106 . “[T]he presence of a defendant is a condition of due process to the extent that a fair and just hearing would be thwarted by his absence, and to that extent only.” Id., 107-108 ; see also Faretta v. California, 422 U.S. 806 , 819 n.15,

22
State v. Lopezgreen
conn · 2004 · cited in 7 Connecticut opinions naming this issue, 2006–2018
2 sentences

2018In judging whether a particular segment of a criminal proceeding constitutes a critical stage of a defendant's prosecution, courts have evaluated the extent to which a fair and just hearing would be thwarted by [the defendant's] absence or whether his presence has a relation, reasonably substantial, to the fullness of his opportunity to defend against the charge." (Citations omitted; internal quotation marks omitted.) State v. Lopez , 271 Conn. 724 , 732, 859 A.2d 898 (2004).

2018In judging whether a particular segment of a criminal proceeding constitutes a critical stage of a defendant's prosecution, courts have evaluated the extent to which a fair and just hearing would be thwarted by [the defendant's] absence or whether his presence has a relation, reasonably substantial, to the fullness of his opportunity to defend against the charge." (Citations omitted; internal quotation marks omitted.) State v. Lopez , 271 Conn. 724 , 732, 859 A.2d 898 (2004).

17
Luciani v. Stop & Shop Companies, Inc.green
conn · 1988 · cited in 3 Connecticut opinions naming this issue, 2008–2013
2 sentences

2013Id., 732 ; see also State v. Holbrook, 97 Conn. App. 490, 494-95 , 906 A.2d 4 , cert. denied, 280 Conn. 935 , 909 A.2d 962 (2006); State v. McNellis, 15 Conn. App. 416, 431-32 , 546 A.2d 292 , cert. denied, 209 Conn. 809 , 548 A.2d 441 (1988).

2008In State v. Lopez, 271 Conn. 724 , 859 A.2d 898 (2004), our Supreme Court stated that “[i]n judging whether a particular segment of a criminal proceeding constitutes a critical stage of a defendant’s prosecution, courts have evaluated the extent to which a fair and just hearing would be thwarted by [the defendant’s] absence or whether his presence has a relation, reasonably substantial, to the fullness of his opportunity to defend against the charge.” (Internal quotation marks omitted.) Id., 732 ; see also State v. Holbrook, 97 Conn. App. 490, 494-95 , 906 A.2d 4 , cert. denied, 280 Conn. 935

13
State v. Mendezgreen
conn · 1988 · cited in 3 Connecticut opinions naming this issue, 2008–2013
2 sentences

2013Id., 732 ; see also State v. Holbrook, 97 Conn. App. 490, 494-95 , 906 A.2d 4 , cert. denied, 280 Conn. 935 , 909 A.2d 962 (2006); State v. McNellis, 15 Conn. App. 416, 431-32 , 546 A.2d 292 , cert. denied, 209 Conn. 809 , 548 A.2d 441 (1988).

2008In State v. Lopez, 271 Conn. 724 , 859 A.2d 898 (2004), our Supreme Court stated that “[i]n judging whether a particular segment of a criminal proceeding constitutes a critical stage of a defendant’s prosecution, courts have evaluated the extent to which a fair and just hearing would be thwarted by [the defendant’s] absence or whether his presence has a relation, reasonably substantial, to the fullness of his opportunity to defend against the charge.” (Internal quotation marks omitted.) Id., 732 ; see also State v. Holbrook, 97 Conn. App. 490, 494-95 , 906 A.2d 4 , cert. denied, 280 Conn. 935

13
State v. McNellisgreen
connappct · 1988 · cited in 3 Connecticut opinions naming this issue, 2008–2013
2 sentences

2008In State v. Lopez, 271 Conn. 724 , 859 A.2d 898 (2004), our Supreme Court stated that “[i]n judging whether a particular segment of a criminal proceeding constitutes a critical stage of a defendant’s prosecution, courts have evaluated the extent to which a fair and just hearing would be thwarted by [the defendant’s] absence or whether his presence has a relation, reasonably substantial, to the fullness of his opportunity to defend against the charge.” (Internal quotation marks omitted.) Id., 732 ; see also State v. Holbrook, 97 Conn. App. 490, 494-95 , 906 A.2d 4 , cert. denied, 280 Conn. 935

2008In State v. Lopez, 271 Conn. 724 , 859 A.2d 898 (2004), our Supreme Court stated that “[i]n judging whether a particular segment of a criminal proceeding constitutes a critical stage of a defendant’s prosecution, courts have evaluated the extent to which a fair and just hearing would be thwarted by [the defendant’s] absence or whether his presence has a relation, reasonably substantial, to the fullness of his opportunity to defend against the charge.” (Internal quotation marks omitted.) Id., 732 ; see also State v. Holbrook, 97 Conn. App. 490, 494-95 , 906 A.2d 4 , cert. denied, 280 Conn. 935

13
State v. Bonnergreen
conn · 2009 · cited in 2 Connecticut opinions naming this issue, 2010–2013
2 sentences

2013As our Supreme Court explained in Chambers , as the result of the failure of the defendant to supply us with a factual record establishing any or some of the foregoing possible scenarios, “we cannot determine the extent to which a fair and just hearing would have been thwarted by the defendant’s absence or whether his presence has a reasonably substantial relation to the fullness of his opportunity to defend against the criminal charges.” (Internal quotation marks omitted.) Id., 413 ; see also State v. Bonner, 290 Conn. 468, 492-93 , 964 A.2d 73 (2008) (claim inadequate for review where defend

2013As our Supreme Court explained in Chambers , as the result of the failure of the defendant to supply us with a factual record establishing any or some of the foregoing possible scenarios, “we cannot determine the extent to which a fair and just hearing would have been thwarted by the defendant’s absence or whether his presence has a reasonably substantial relation to the fullness of his opportunity to defend against the criminal charges.” (Internal quotation marks omitted.) Id., 413 ; see also State v. Bonner, 290 Conn. 468, 492-93 , 964 A.2d 73 (2008) (claim inadequate for review where defend

12
State v. Gonzalezgreen
conn · 1987 · cited in 1 Connecticut opinions naming this issue, 2016–2016
2 sentences

2016It is also well settled that under the due process clauses of the fifth and fourteenth amendments a defendant must be allowed to be present at his trial to the extent that a fair and just hearing would be thwarted by his absence." (Internal quotation marks omitted.) State v. Vines, 71 Conn.App. 751 , 767, 804 A.2d 877 (2002), aff'd, 268 Conn. 239 , 842 A.2d 1086 (2004) ; see also State v. Gonzalez, 205 Conn. 673 , 688, 535 A.2d 345 (1987) (criminal defendant has federal and state constitutional rights, under confrontation and due process clauses, to be present at all critical stages of trial).

2016It is also well settled that under the due process clauses of the fifth and fourteenth amendments a defendant must be allowed to be present at his trial to the extent that a fair and just hearing would be thwarted by his absence." (Internal quotation marks omitted.) State v. Vines, 71 Conn.App. 751 , 767, 804 A.2d 877 (2002), aff'd, 268 Conn. 239 , 842 A.2d 1086 (2004) ; see also State v. Gonzalez, 205 Conn. 673 , 688, 535 A.2d 345 (1987) (criminal defendant has federal and state constitutional rights, under confrontation and due process clauses, to be present at all critical stages of trial).

11
United States v. Martin Fontanezgreen
ca2 · 1989 · cited in 1 Connecticut opinions naming this issue, 2002–2002
1 sentence

2002It is also well settled that under the due process clauses of the fifth and fourteenth amendments a defendant must be allowed to be present at his trial to the extent that a fair and just hearing would be thwarted by his absence.” (Citations omitted.) United States v. Fontanez, 878 F.2d 33, 35 (2d Cir. 1989).

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 (8)

CaseCitedYears
Kentucky v. Stincer green
scotus · 1987
2 sentences

2015Ed. 2d 486 (1985). ‘‘The constitutional right to presence is rooted to a large extent in the [c]onfronta- tion [c]lause of the [s]ixth [a]mendment . . . but . . . [that] right is protected by the [d]ue [p]rocess [c]lause in some situations where the defendant is not actually confronting witnesses or evidence against him.’’ (Cita- tion omitted.) Id. ‘‘In judging whether a particular seg- ment of a criminal proceeding constitutes a critical stage of a defendant’s prosecution, courts have evalu- ated the extent to which a fair and just hearing would be thwarted by [the defendant’s] absence or whe

2015Ed. 2d 486 (1985). ‘‘The constitutional right to presence is rooted to a large extent in the [c]onfronta- tion [c]lause of the [s]ixth [a]mendment . . . but . . . [that] right is protected by the [d]ue [p]rocess [c]lause in some situations where the defendant is not actually confronting witnesses or evidence against him.’’ (Cita- tion omitted.) Id. ‘‘In judging whether a particular seg- ment of a criminal proceeding constitutes a critical stage of a defendant’s prosecution, courts have evalu- ated the extent to which a fair and just hearing would be thwarted by [the defendant’s] absence or whe

72004–2015
State v. Vines neutral
conn · 2004
2 sentences

2016It is also well settled that under the due process clauses of the fifth and fourteenth amendments a defendant must be allowed to be present at his trial to the extent that a fair and just hearing would be thwarted by his absence." (Internal quotation marks omitted.) State v. Vines, 71 Conn.App. 751 , 767, 804 A.2d 877 (2002), aff'd, 268 Conn. 239 , 842 A.2d 1086 (2004) ; see also State v. Gonzalez, 205 Conn. 673 , 688, 535 A.2d 345 (1987) (criminal defendant has federal and state constitutional rights, under confrontation and due process clauses, to be present at all critical stages of trial).

2016It is also well settled that under the due process clauses of the fifth and fourteenth amendments a defendant must be allowed to be present at his trial to the extent that a fair and just hearing would be thwarted by his absence." (Internal quotation marks omitted.) State v. Vines, 71 Conn.App. 751 , 767, 804 A.2d 877 (2002), aff'd, 268 Conn. 239 , 842 A.2d 1086 (2004) ; see also State v. Gonzalez, 205 Conn. 673 , 688, 535 A.2d 345 (1987) (criminal defendant has federal and state constitutional rights, under confrontation and due process clauses, to be present at all critical stages of trial).

12016–2016
State v. Vines neutral
connappct · 2002
2 sentences

2016It is also well settled that under the due process clauses of the fifth and fourteenth amendments a defendant must be allowed to be present at his trial to the extent that a fair and just hearing would be thwarted by his absence." (Internal quotation marks omitted.) State v. Vines, 71 Conn.App. 751 , 767, 804 A.2d 877 (2002), aff'd, 268 Conn. 239 , 842 A.2d 1086 (2004) ; see also State v. Gonzalez, 205 Conn. 673 , 688, 535 A.2d 345 (1987) (criminal defendant has federal and state constitutional rights, under confrontation and due process clauses, to be present at all critical stages of trial).

2016It is also well settled that under the due process clauses of the fifth and fourteenth amendments a defendant must be allowed to be present at his trial to the extent that a fair and just hearing would be thwarted by his absence." (Internal quotation marks omitted.) State v. Vines, 71 Conn.App. 751 , 767, 804 A.2d 877 (2002), aff'd, 268 Conn. 239 , 842 A.2d 1086 (2004) ; see also State v. Gonzalez, 205 Conn. 673 , 688, 535 A.2d 345 (1987) (criminal defendant has federal and state constitutional rights, under confrontation and due process clauses, to be present at all critical stages of trial).

12016–2016
State v. GILBERTO L. green
conn · 2009
2 sentences

2016(Internal quotation marks omitted.) State v. Gilberto L ., 292 Conn. 226 , 237, 972 A.2d 205 (2009).

2016(Internal quotation marks omitted.) State v. Gilberto L ., 292 Conn. 226 , 237, 972 A.2d 205 (2009).

12016–2016
United States v. Gagnon green
scotus · 1985
1 sentence

2015Ed. 2d 486 (1985). ‘‘The constitutional right to presence is rooted to a large extent in the [c]onfronta- tion [c]lause of the [s]ixth [a]mendment . . . but . . . [that] right is protected by the [d]ue [p]rocess [c]lause in some situations where the defendant is not actually confronting witnesses or evidence against him.’’ (Cita- tion omitted.) Id. ‘‘In judging whether a particular seg- ment of a criminal proceeding constitutes a critical stage of a defendant’s prosecution, courts have evalu- ated the extent to which a fair and just hearing would be thwarted by [the defendant’s] absence or whe

12015–2015
State v. Chambers green
conn · 2010
1 sentence

2013As our Supreme Court explained in Chambers , as the result of the failure of the defendant to supply us with a factual record establishing any or some of the foregoing possible scenarios, “we cannot determine the extent to which a fair and just hearing would have been thwarted by the defendant’s absence or whether his presence has a reasonably substantial relation to the fullness of his opportunity to defend against the criminal charges.” (Internal quotation marks omitted.) Id., 413 ; see also State v. Bonner, 290 Conn. 468, 492-93 , 964 A.2d 73 (2008) (claim inadequate for review where defend

12013–2013
Snyder v. Massachusetts green
scotus · 1934
1 sentence

2010Id. [105-106, 108]; see also Faretta v. California, 422 U.S. 806 , [819 and n.15] 95 S. Ct. 2525 , 45 L.

12010–2010
Brunetti v. Connecticut green
scotus · 2007
2 sentences

2010Without the necessary factual and legal conclusions furnished by the trial court . . . any decision made by us respecting [the defendant’s claims] would be entirely speculative.” [Internal quotation marks omitted.]), cert. denied, 549 U.S. 1212 , 127 S. Ct. 1328 , 167 L.

2010Without the necessary factual and legal conclusions furnished by the trial court . . . any decision made by us respecting [the defendant’s claims] would be entirely speculative.” [Internal quotation marks omitted.]), cert. denied, 549 U.S. 1212 , 127 S. Ct. 1328 , 167 L.

12010–2010

Statutes the citing opinions construe

CT § Conn. Gen. Stat. § 53a-59 (8) CT § Conn. Gen. Stat. § 53a-48 (7) CT § Conn. Gen. Stat. § 53-21 (5) CT § Conn. Gen. Stat. § 53a-54a (5) CT § Conn. Gen. Stat. § 51-199 (4) CT § Conn. Gen. Stat. § 53a-49 (4) CT § Conn. Gen. Stat. § 29-35 (3) CT § Conn. Gen. Stat. § 53a-217c (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

OH 111 (1983–2026) MN 54 (1955–2026) NY 32 (1963–2001) IL 31 (1922–2024) WA 27 (1997–2025) TX 25 (1911–2024) CA 23 (1933–2023) CO 22 (1968–2021) GA 19 (1944–2024) NJ 18 (1963–2025) LA 18 (1984–2024) CT 18 (1988–2018) DC 16 (1974–2019) OK 11 (1958–2018) WI 11 (1970–2025) AL 11 (1998–2018) PA 11 (1981–2023) MD 9 (1961–2006) KY 9 (1948–2025) NV 8 (1996–2021) IA 8 (1969–2015) MA 7 (1935–2024) VA 7 (1896–2004) MS 6 (1960–2024) KS 6 (2000–2021) MO 6 (1995–2023) IN 6 (1987–2025) MT 5 (1968–2015) RI 5 (1981–2002) UT 4 (1992–2017) NC 4 (1991–2019) NM 4 (1985–2019) SC 3 (1990–2010) NH 3 (1986–2008) AK 2 (1982–1983) ID 2 (2005–2015) AZ 2 (2007–2007) NE 2 (2003–2017)

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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