evidence support violation (Connecticut) · Go Syfert
← Connecticut issues

evidence support violation in Connecticut

17 Connecticut opinions name it 3 courts 1994–2019 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 (3)

CaseFollowedCited
State v. Chapmangreen
conn · 1994 · cited in 9 Connecticut opinions naming this issue, 1994–2019
2 sentences

2019We agree with the defendant that the larceny by false pretenses was complete before the victims were murdered, so the court should not have included references to it in its charge. 11 See State v. Chapman , supra, 229 Conn. at 537 , 643 A.2d 1213 ("It is improper for the trial court to read an entire statute to a jury when the pleadings or the evidence support a violation of only a portion of the statute....

2019We agree with the defendant that the larceny by false pretenses was complete before the victims were murdered, so the court should not have included references to it in its charge. 11 See State v. Chapman , supra, 229 Conn. at 537 , 643 A.2d 1213 ("It is improper for the trial court to read an entire statute to a jury when the pleadings or the evidence support a violation of only a portion of the statute....

29
Adkins v. Leegreen
connsuperct · 1961 · cited in 1 Connecticut opinions naming this issue, 1999–1999
1 sentence

1999See Adkins v. Lee, 23 Conn. Sup. 1 , 2 (1961).

11
State v. Frankogreen
conn · 1986 · cited in 1 Connecticut opinions naming this issue, 1994–1994
2 sentences

1994State v. James, 211 Conn. 555, 583 , 560 A.2d 426 (1989); see State v. Franko, 199 Conn. 481, 493 , 508 A.2d 22 (1986); State v. Carter, 189 Conn. 631, 645 , 458 A.2d 379 (1983).

1994State v. James, 211 Conn. 555, 583 , 560 A.2d 426 (1989); see State v. Franko, 199 Conn. 481, 493 , 508 A.2d 22 (1986); State v. Carter, 189 Conn. 631, 645 , 458 A.2d 379 (1983).

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 (15)

CaseCitedYears
State v. Austin green
conn · 1998
2 sentences

2009Rather, it instructed the jury that "a person acts intentionally with respect to conduct when his conscious objective is to engage in such conduct. " (Emphasis added.) Intent to engage in proscribed conduct is not sufficient. [4] "[I]t is improper for the trial court to read [the] entire statute [on intent] to a jury when the pleadings or the evidence support a violation of only a portion of the statute...." (Citation omitted; internal quotation marks omitted.) State v. Austin, supra, 244 Conn. at 235 , 710 A.2d 732 .

2009Rather, it instructed the jury that "a person acts intentionally with respect to conduct when his conscious objective is to engage in such conduct. " (Emphasis added.) Intent to engage in proscribed conduct is not sufficient. [4] "[I]t is improper for the trial court to read [the] entire statute [on intent] to a jury when the pleadings or the evidence support a violation of only a portion of the statute...." (Citation omitted; internal quotation marks omitted.) State v. Austin, supra, 244 Conn. at 235 , 710 A.2d 732 .

22008–2009
State v. Dinoto green
conn · 1994
2 sentences

2000In instructing the jury on intent, however, the court read the entire statutory definition contained in § 53a-3 (11), including a reference to intent to engage in proscribed conduct. 14 As our Supreme Court has previously stated, “[i]t is improper for the trial court to read an entire statute to a jury when the pleadings or the evidence support a violation of only a portion of the statute . . . .” (Citation omitted; internal quotation marks omitted.) State v. Austin, supra, 244 Conn. 235 ; State v. Dinoto, 229 Conn. 580, 584 , 642 A.2d 717 (1994); State v. Chapman, 229 Conn. 529, 537 , 643 A.2

2000In instructing the jury on intent, however, the court read the entire statutory definition contained in § 53a-3 (11), including a reference to intent to engage in proscribed conduct. 14 As our Supreme Court has previously stated, “[i]t is improper for the trial court to read an entire statute to a jury when the pleadings or the evidence support a violation of only a portion of the statute . . . .” (Citation omitted; internal quotation marks omitted.) State v. Austin, supra, 244 Conn. 235 ; State v. Dinoto, 229 Conn. 580, 584 , 642 A.2d 717 (1994); State v. Chapman, 229 Conn. 529, 537 , 643 A.2

21996–2000
Salters v. Commissioner of Correction green
connappct · 2017
2 sentences

2018We must determine whether it is reasonably possible that the jury was misled by the trial court's instructions." (Internal quotation marks omitted.) Salters v. Commissioner of Correction , supra, 175 Conn. App. at 819 , 170 A.3d 25 . "[I]n cases in which the entire definition of intent was improperly read to the jury, the conviction of the crime requiring specific intent almost always has been upheld because a proper intent instruction was also given. [In those cases] [t]he erroneous instruction, therefore, was not harmful beyond a reasonable doubt." 5 (Internal quotation marks omitted.) State

2018We must determine whether it is reasonably possible that the jury was misled by the trial court's instructions." (Internal quotation marks omitted.) Salters v. Commissioner of Correction , supra, 175 Conn. App. at 819 , 170 A.3d 25 . "[I]n cases in which the entire definition of intent was improperly read to the jury, the conviction of the crime requiring specific intent almost always has been upheld because a proper intent instruction was also given. [In those cases] [t]he erroneous instruction, therefore, was not harmful beyond a reasonable doubt." 5 (Internal quotation marks omitted.) State

12018–2018
State v. Rivet neutral
connappct · 2007
2 sentences

2018We must determine whether it is reasonably possible that the jury was misled by the trial court's instructions." (Internal quotation marks omitted.) Salters v. Commissioner of Correction , supra, 175 Conn. App. at 819 , 170 A.3d 25 . "[I]n cases in which the entire definition of intent was improperly read to the jury, the conviction of the crime requiring specific intent almost always has been upheld because a proper intent instruction was also given. [In those cases] [t]he erroneous instruction, therefore, was not harmful beyond a reasonable doubt." 5 (Internal quotation marks omitted.) State

2018We must determine whether it is reasonably possible that the jury was misled by the trial court's instructions." (Internal quotation marks omitted.) Salters v. Commissioner of Correction , supra, 175 Conn. App. at 819 , 170 A.3d 25 . "[I]n cases in which the entire definition of intent was improperly read to the jury, the conviction of the crime requiring specific intent almost always has been upheld because a proper intent instruction was also given. [In those cases] [t]he erroneous instruction, therefore, was not harmful beyond a reasonable doubt." 5 (Internal quotation marks omitted.) State

12018–2018
State v. Rivet green
conn · 2007
1 sentence

2018We must determine whether it is reasonably possible that the jury was misled by the trial court's instructions." (Internal quotation marks omitted.) Salters v. Commissioner of Correction , supra, 175 Conn. App. at 819 , 170 A.3d 25 . "[I]n cases in which the entire definition of intent was improperly read to the jury, the conviction of the crime requiring specific intent almost always has been upheld because a proper intent instruction was also given. [In those cases] [t]he erroneous instruction, therefore, was not harmful beyond a reasonable doubt." 5 (Internal quotation marks omitted.) State

12018–2018
Sullivan v. Delisa green
conn · 2007
1 sentence

2018We must determine whether it is reasonably possible that the jury was misled by the trial court's instructions." (Internal quotation marks omitted.) Salters v. Commissioner of Correction , supra, 175 Conn. App. at 819 , 170 A.3d 25 . "[I]n cases in which the entire definition of intent was improperly read to the jury, the conviction of the crime requiring specific intent almost always has been upheld because a proper intent instruction was also given. [In those cases] [t]he erroneous instruction, therefore, was not harmful beyond a reasonable doubt." 5 (Internal quotation marks omitted.) State

12018–2018
State v. DeJesus green
conn · 2002
2 sentences

2017We must determine whether it is reasonably possible that the jury was misled by the trial court's instructions." (Citation omitted; internal quotation marks omitted.) State v. DeJesus , 260 Conn. 466 , 474, 797 A.2d 1101 (2002).

2017We must determine whether it is reasonably possible that the jury was misled by the trial court's instructions." (Citation omitted; internal quotation marks omitted.) State v. DeJesus , 260 Conn. 466 , 474, 797 A.2d 1101 (2002).

12017–2017
State v. Kinchen green
conn · 1998
2 sentences

2010Tliis broad discretion . . . necessarily includes deciding which citizens should be prosecuted and for what charges they are to be held accountable . . . .” (Citations omitted; internal quotation marks omitted.) State v. Kinchen, 243 Conn. 690, 699 , 707 A.2d 1255 (1998). 5 Appellate counsel for the defendant further noted that the failure to focus on the term “firearm” may have been ineffective assistance of counsel or may have been a tactical decision. 6 General Statutes § 53a-59 (a) provides in relevant part: “A person is guilty of assault in the first degree when ... (5) with intent to cau

2010Tliis broad discretion . . . necessarily includes deciding which citizens should be prosecuted and for what charges they are to be held accountable . . . .” (Citations omitted; internal quotation marks omitted.) State v. Kinchen, 243 Conn. 690, 699 , 707 A.2d 1255 (1998). 5 Appellate counsel for the defendant further noted that the failure to focus on the term “firearm” may have been ineffective assistance of counsel or may have been a tactical decision. 6 General Statutes § 53a-59 (a) provides in relevant part: “A person is guilty of assault in the first degree when ... (5) with intent to cau

12010–2010
State v. White green
conn · 2006
1 sentence

2010In this opinion the other judges concurred. 1 During closing arguments, defense counsel argued that Fogarty’s property could have been planted in the defendant’s wallet. 2 General Statutes § 53a-60 (a) provides in relevant part: “A person is guilty of assault in the second degree when ... (2) with intent to cause physical injury to another person, he causes such injury to such person or to a third person by means of a deadly weapon or a dangerous instrument other than by means of the discharge of a firearm . . . .” 3 “[I]t is improper for the trial court to read an entire statute to a jury whe

12010–2010
State v. White green
connappct · 2006
2 sentences

2010In this opinion the other judges concurred. 1 During closing arguments, defense counsel argued that Fogarty’s property could have been planted in the defendant’s wallet. 2 General Statutes § 53a-60 (a) provides in relevant part: “A person is guilty of assault in the second degree when ... (2) with intent to cause physical injury to another person, he causes such injury to such person or to a third person by means of a deadly weapon or a dangerous instrument other than by means of the discharge of a firearm . . . .” 3 “[I]t is improper for the trial court to read an entire statute to a jury whe

2010In this opinion the other judges concurred. 1 During closing arguments, defense counsel argued that Fogarty’s property could have been planted in the defendant’s wallet. 2 General Statutes § 53a-60 (a) provides in relevant part: “A person is guilty of assault in the second degree when ... (2) with intent to cause physical injury to another person, he causes such injury to such person or to a third person by means of a deadly weapon or a dangerous instrument other than by means of the discharge of a firearm . . . .” 3 “[I]t is improper for the trial court to read an entire statute to a jury whe

12010–2010
Orozco v. Darden Restaurants, Inc. neutral
conn · 2006
1 sentence

2010In this opinion the other judges concurred. 1 During closing arguments, defense counsel argued that Fogarty’s property could have been planted in the defendant’s wallet. 2 General Statutes § 53a-60 (a) provides in relevant part: “A person is guilty of assault in the second degree when ... (2) with intent to cause physical injury to another person, he causes such injury to such person or to a third person by means of a deadly weapon or a dangerous instrument other than by means of the discharge of a firearm . . . .” 3 “[I]t is improper for the trial court to read an entire statute to a jury whe

12010–2010
State v. Debarros green
connappct · 2000
1 sentence

2005As defined by our statute, a person acts intentionally with respect to a result or to conduct when his conscious objective is to cause such result or engage in such conduct(Emphasis added.) The defendant relies in part 7 on State v. DeBarros, supra, 58 Conn. App. 673 , to support his contention, properly noting that “[i]t is improper for the trial court to read an entire statute to a jury when the pleadings or the evidence support a violation of only a portion of the statute . . . .” (Internal quotation marks omitted.) Id., 682.

12005–2005
State v. Carter green
conn · 1983
2 sentences

1994State v. James, 211 Conn. 555, 583 , 560 A.2d 426 (1989); see State v. Franko, 199 Conn. 481, 493 , 508 A.2d 22 (1986); State v. Carter, 189 Conn. 631, 645 , 458 A.2d 379 (1983).

1994State v. James, 211 Conn. 555, 583 , 560 A.2d 426 (1989); see State v. Franko, 199 Conn. 481, 493 , 508 A.2d 22 (1986); State v. Carter, 189 Conn. 631, 645 , 458 A.2d 379 (1983).

11994–1994
State v. Diggs green
conn · 1991
2 sentences

1994In light of the state’s concession in the Appellate Court that it had presented no evidence of the explicit threat of the use of force; 6 see State v. Diggs, 219 Conn. 295, 298-302 , 592 A.2d 949 (1991); we concluded that the trial court had acted improperly.

1994In light of the state’s concession in the Appellate Court that it had presented no evidence of the explicit threat of the use of force; 6 see State v. Diggs, 219 Conn. 295, 298-302 , 592 A.2d 949 (1991); we concluded that the trial court had acted improperly.

11994–1994
State v. James green
conn · 1989
2 sentences

1994State v. James, 211 Conn. 555, 583 , 560 A.2d 426 (1989); see State v. Franko, 199 Conn. 481, 493 , 508 A.2d 22 (1986); State v. Carter, 189 Conn. 631, 645 , 458 A.2d 379 (1983).

1994State v. James, 211 Conn. 555, 583 , 560 A.2d 426 (1989); see State v. Franko, 199 Conn. 481, 493 , 508 A.2d 22 (1986); State v. Carter, 189 Conn. 631, 645 , 458 A.2d 379 (1983).

11994–1994

Statutes the citing opinions construe

CT § Conn. Gen. Stat. § 53a-3 (11) CT § Conn. Gen. Stat. § 53a-59 (7) CT § Conn. Gen. Stat. § 53a-49 (5) CT § Conn. Gen. Stat. § 53a-54a (5) CT § Conn. Gen. Stat. § 51-199 (4) CT § Conn. Gen. Stat. § 53a-48 (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

CT 17 (1994–2019) TX 3 (2010–2015) AZ 3 (1969–1980) WA 2 (2005–2005)

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.

← Caselaw search · G Cite Topics · Brief Check