100 Connecticut opinions name it 3 courts 1895–2026 20 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.
| Case | Followed | Cited |
|---|---|---|
State v. Joycegreen2 sentences2006We review this state constitutional claim only under article first, § 7, because the defendant has failed to provide a separate and distinct analysis of § 9 under State v. Geisler, 222 Conn. 672, 684-85 , 610 A.2d 1225 (1992). 11 The defendant concedes that the text of article first, § 7 is “quite similar to” the text of the fourth amendment; State v. Marsala, 216 Conn. 150, 159 , 579 A.2d 58 (1990); State v. Miller, 227 Conn. 363, 381 , 630 A.2d 1315 (1993); and, thus, may not “meaningfully [assist]” this inquiry; State v. Joyce, 229 Conn. 10, 19 , 639 A.2d 1007 (1994), on appeal after remand 2006We review this state constitutional claim only under article first, § 7, because the defendant has failed to provide a separate and distinct analysis of § 9 under State v. Geisler, 222 Conn. 672, 684-85 , 610 A.2d 1225 (1992). 11 The defendant concedes that the text of article first, § 7 is “quite similar to” the text of the fourth amendment; State v. Marsala, 216 Conn. 150, 159 , 579 A.2d 58 (1990); State v. Miller, 227 Conn. 363, 381 , 630 A.2d 1315 (1993); and, thus, may not “meaningfully [assist]” this inquiry; State v. Joyce, 229 Conn. 10, 19 , 639 A.2d 1007 (1994), on appeal after remand | 3 | 5 |
Yadav v. West Windsor Townshipgreen2 sentences2009See State v. Smith, 289 Conn. 598 , 614 n. 21, 960 A.2d 993 (2008); State v. Joyce, 243 Conn. 282 , 288 n. 6, 705 A.2d 181 (1997), cert. denied, 523 U.S. 1077 , 118 S.Ct. 1523 , 140 L.Ed.2d 674 (1998). [7] Judge Berdon, in his dissenting opinion, faults the majority for concluding that the police officers reasonably relied on the information provided by the pedestrian in their evaluation of the totality of the circumstances. 2006We review this state constitutional claim only under article first, § 7, because the defendant has failed to provide a separate and distinct analysis of § 9 under State v. Geisler, 222 Conn. 672, 684-85 , 610 A.2d 1225 (1992). 11 The defendant concedes that the text of article first, § 7 is “quite similar to” the text of the fourth amendment; State v. Marsala, 216 Conn. 150, 159 , 579 A.2d 58 (1990); State v. Miller, 227 Conn. 363, 381 , 630 A.2d 1315 (1993); and, thus, may not “meaningfully [assist]” this inquiry; State v. Joyce, 229 Conn. 10, 19 , 639 A.2d 1007 (1994), on appeal after remand | 3 | 5 |
Case Farms of North Carolina, Inc. v. National Labor Relations Boardgreen2 sentences2009See State v. Smith, 289 Conn. 598 , 614 n. 21, 960 A.2d 993 (2008); State v. Joyce, 243 Conn. 282 , 288 n. 6, 705 A.2d 181 (1997), cert. denied, 523 U.S. 1077 , 118 S.Ct. 1523 , 140 L.Ed.2d 674 (1998). [7] Judge Berdon, in his dissenting opinion, faults the majority for concluding that the police officers reasonably relied on the information provided by the pedestrian in their evaluation of the totality of the circumstances. 2006We review this state constitutional claim only under article first, § 7, because the defendant has failed to provide a separate and distinct analysis of § 9 under State v. Geisler, 222 Conn. 672, 684-85 , 610 A.2d 1225 (1992). 11 The defendant concedes that the text of article first, § 7 is “quite similar to” the text of the fourth amendment; State v. Marsala, 216 Conn. 150, 159 , 579 A.2d 58 (1990); State v. Miller, 227 Conn. 363, 381 , 630 A.2d 1315 (1993); and, thus, may not “meaningfully [assist]” this inquiry; State v. Joyce, 229 Conn. 10, 19 , 639 A.2d 1007 (1994), on appeal after remand | 3 | 5 |
Cornish v. Court of Appeals of Marylandgreen2 sentences2009See State v. Smith, 289 Conn. 598 , 614 n. 21, 960 A.2d 993 (2008); State v. Joyce, 243 Conn. 282 , 288 n. 6, 705 A.2d 181 (1997), cert. denied, 523 U.S. 1077 , 118 S.Ct. 1523 , 140 L.Ed.2d 674 (1998). [7] Judge Berdon, in his dissenting opinion, faults the majority for concluding that the police officers reasonably relied on the information provided by the pedestrian in their evaluation of the totality of the circumstances. 2006We review this state constitutional claim only under article first, § 7, because the defendant has failed to provide a separate and distinct analysis of § 9 under State v. Geisler, 222 Conn. 672, 684-85 , 610 A.2d 1225 (1992). 11 The defendant concedes that the text of article first, § 7 is “quite similar to” the text of the fourth amendment; State v. Marsala, 216 Conn. 150, 159 , 579 A.2d 58 (1990); State v. Miller, 227 Conn. 363, 381 , 630 A.2d 1315 (1993); and, thus, may not “meaningfully [assist]” this inquiry; State v. Joyce, 229 Conn. 10, 19 , 639 A.2d 1007 (1994), on appeal after remand | 3 | 5 |
State v. Faucigreen2 sentences2021Whether that impropriety was harmful and thus caused or contributed to a due process viola- tion involves a separate and distinct inquiry.’’ (Citations omitted.) Id. ‘‘The latter part of this two-pronged test is guided by the factors set forth in State v. Williams, [supra, 204 Conn. 540 ].’’ State v. Gonzalez, 338 Conn. 108, 125 , 257 A.3d 283 (2021). 2020Sec- ond, if an impropriety exists, we then examine whether it deprived the defendant of his due process right to a fair trial.’’ (Internal quotation marks omitted.) State v. Elmer G., 176 Conn. App. 343, 363 , 170 A.3d 749 (2017), aff’d, 333 Conn. 176 , 214 A.3d 852 (2019). ‘‘Whether that impropriety was harmful and thus caused or contrib- uted to a due process violation involves a separate and distinct inquiry.’’ State v. Fauci, 282 Conn. 23, 32 , 917 A.2d 978 (2007). ‘‘[I]n analyzing [harm], we ask whether the prosecu- tor’s conduct so infected the trial with unfairness as to make the resul | 2 | 18 |
State v. Singhgreen2 sentences2021Statements as to facts [that] have not been proven amount to unsworn testimony . . . .’’ (Citations omitted.) State v. Williams, supra, 204 Conn. 544 ; see also State v. Fauci, 282 Conn. 23, 49 , 917 A.2d 978 (2007) (‘‘[w]e long have held that a prosecutor may not comment on evidence that is not a part of the record’’). ‘‘[W]hen a prosecutor suggests a fact not in evidence, there is a risk that the jury may conclude that he or she has independent knowledge of facts that could not be pre- sented to the jury.’’ State v. Singh, 259 Conn. 693, 718 , 793 A.2d 226 (2002). 2021Statements as to facts [that] have not been proven amount to unsworn testimony . . . .’’ (Citations omitted.) State v. Williams, supra, 204 Conn. 544 ; see also State v. Fauci, 282 Conn. 23, 49 , 917 A.2d 978 (2007) (‘‘[w]e long have held that a prosecutor may not comment on evidence that is not a part of the record’’). ‘‘[W]hen a prosecutor suggests a fact not in evidence, there is a risk that the jury may conclude that he or she has independent knowledge of facts that could not be pre- sented to the jury.’’ State v. Singh, 259 Conn. 693, 718 , 793 A.2d 226 (2002). | 2 | 3 |
State v. Hintongreen2 sentences1997See State v. Hinton, 227 Conn. 301 , 322 n.23, 630 A.2d 593 (1993); State v. Gonzalez, 206 Conn. 391 , 393-94 n.2, 538 A.2d 210 (1988). 1997See State v. Hinton, 227 Conn. 301 , 322 n.23, 630 A.2d 593 (1993); State v. Gonzalez, 206 Conn. 391 , 393-94 n.2, 538 A.2d 210 (1988). | 2 | 3 |
Thorpe v. Commissioner of Correctiongreen2 sentences2024See, e.g., Diaz v. Commissioner of Correction, 125 Conn. App. 57, 66 , 6 A.3d 213 (2010) (claims that require sepa- rate legal analyses are not identical for purposes of res judicata), cert. denied, 299 Conn. 926 , 11 A.3d 150 (2011); see also Thorpe v. Commissioner of Correction, 73 Conn. App. 773, 778 , 809 A.2d 1126 (2002). 2024See, e.g., Diaz v. Commissioner of Correction, 125 Conn. App. 57, 66 , 6 A.3d 213 (2010) (claims that require sepa- rate legal analyses are not identical for purposes of res judicata), cert. denied, 299 Conn. 926 , 11 A.3d 150 (2011); see also Thorpe v. Commissioner of Correction, 73 Conn. App. 773, 778 , 809 A.2d 1126 (2002). | 2 | 2 |
Diaz v. Commissioner of Correctiongreen2 sentences2024See, e.g., Diaz v. Commissioner of Correction, 125 Conn. App. 57, 66 , 6 A.3d 213 (2010) (claims that require sepa- rate legal analyses are not identical for purposes of res judicata), cert. denied, 299 Conn. 926 , 11 A.3d 150 (2011); see also Thorpe v. Commissioner of Correction, 73 Conn. App. 773, 778 , 809 A.2d 1126 (2002). 2024See, e.g., Diaz v. Commissioner of Correction, 125 Conn. App. 57, 66 , 6 A.3d 213 (2010) (claims that require sepa- rate legal analyses are not identical for purposes of res judicata), cert. denied, 299 Conn. 926 , 11 A.3d 150 (2011); see also Thorpe v. Commissioner of Correction, 73 Conn. App. 773, 778 , 809 A.2d 1126 (2002). | 2 | 2 |
Diaz v. Commissioner of Correctiongreen2 sentences2024See, e.g., Diaz v. Commissioner of Correction, 125 Conn. App. 57, 66 , 6 A.3d 213 (2010) (claims that require sepa- rate legal analyses are not identical for purposes of res judicata), cert. denied, 299 Conn. 926 , 11 A.3d 150 (2011); see also Thorpe v. Commissioner of Correction, 73 Conn. App. 773, 778 , 809 A.2d 1126 (2002). 2024See, e.g., Diaz v. Commissioner of Correction, 125 Conn. App. 57, 66 , 6 A.3d 213 (2010) (claims that require sepa- rate legal analyses are not identical for purposes of res judicata), cert. denied, 299 Conn. 926 , 11 A.3d 150 (2011); see also Thorpe v. Commissioner of Correction, 73 Conn. App. 773, 778 , 809 A.2d 1126 (2002). | 2 | 2 |
State v. Williamsgreen2 sentences2025Whether that impropriety was harmful and thus caused or contributed to a due process viola- tion involves a separate and distinct inquiry. . . . ‘‘[O]ur determination of whether any improper con- duct by the [prosecutor] violated the defendant’s fair trial rights is predicated on the factors set forth in State v. Williams, [ 204 Conn. 523, 540 , 529 A.2d 653 (1987)], with due consideration of whether that [impropriety] Page 10 CONNECTICUT LAW JOURNAL 0, 0 12 ,0 0 Conn. App. 1 State v. Henry B.-A. was objected to at trial. . . . 2025Whether that impropriety was harmful and thus caused or contributed to a due process viola- tion involves a separate and distinct inquiry. . . . ‘‘[O]ur determination of whether any improper con- duct by the [prosecutor] violated the defendant’s fair trial rights is predicated on the factors set forth in State v. Williams, [ 204 Conn. 523, 540 , 529 A.2d 653 (1987)], with due consideration of whether that [impropriety] Page 10 CONNECTICUT LAW JOURNAL 0, 0 12 ,0 0 Conn. App. 1 State v. Henry B.-A. was objected to at trial. . . . | 1 | 20 |
Rumbin v. Baezgreen2 sentences2003CT Page 1140 The Appellate Court found that in a medical malpractice case, "[a] breach of contract claim is a distinct claim that may arise from the same facts and may exist where the physician and patient contract for a specific result." Rumbin v. Baez , 52 Conn. App. 487 , 491 , 727 A.2d 744 (1999). 2003CT Page 1140 The Appellate Court found that in a medical malpractice case, "[a] breach of contract claim is a distinct claim that may arise from the same facts and may exist where the physician and patient contract for a specific result." Rumbin v. Baez , 52 Conn. App. 487 , 491 , 727 A.2d 744 (1999). | 1 | 6 |
State v. Elmer G.green2 sentences2020Sec- ond, if an impropriety exists, we then examine whether it deprived the defendant of his due process right to a fair trial.’’ (Internal quotation marks omitted.) State v. Elmer G., 176 Conn. App. 343, 363 , 170 A.3d 749 (2017), aff’d, 333 Conn. 176 , 214 A.3d 852 (2019). ‘‘Whether that impropriety was harmful and thus caused or contrib- uted to a due process violation involves a separate and distinct inquiry.’’ State v. Fauci, 282 Conn. 23, 32 , 917 A.2d 978 (2007). ‘‘[I]n analyzing [harm], we ask whether the prosecu- tor’s conduct so infected the trial with unfairness as to make the resul 2020Sec- ond, if an impropriety exists, we then examine whether it deprived the defendant of his due process right to a fair trial.’’ (Internal quotation marks omitted.) State v. Elmer G., 176 Conn. App. 343, 363 , 170 A.3d 749 (2017), aff’d, 333 Conn. 176 , 214 A.3d 852 (2019). ‘‘Whether that impropriety was harmful and thus caused or contrib- uted to a due process violation involves a separate and distinct inquiry.’’ State v. Fauci, 282 Conn. 23, 32 , 917 A.2d 978 (2007). ‘‘[I]n analyzing [harm], we ask whether the prosecu- tor’s conduct so infected the trial with unfairness as to make the resul | 1 | 2 |
Henderson v. Commissioner of Correctiongreen2 sentences2017"A reviewing court will not consider claims not raised in the habeas petition or decided by the habeas court." Henderson v. Commissioner of Correction , 129 Conn.App. 188 , 198, 19 A.3d 705 , cert. denied, 303 Conn. 901 , 31 A.3d 1177 (2011). 2017"A reviewing court will not consider claims not raised in the habeas petition or decided by the habeas court." Henderson v. Commissioner of Correction , 129 Conn.App. 188 , 198, 19 A.3d 705 , cert. denied, 303 Conn. 901 , 31 A.3d 1177 (2011). | 1 | 2 |
Mirlis v. Yeshiva of New Haven, Inc.green2 sentences2026See, e.g., Mirlis v. Yeshiva of New Haven, Inc., 205 Conn. App. 206, 212 n.6, 257 A.3d 390, cert. denied, 338 Conn. 903, 258 A.3d 91 (2021). 41 The defendants also argue that Western Greenwich Holdings was not rendered insolvent by the transfer of the Greenwich properties to Blue Mountain Partners. 2026See, e.g., Mirlis v. Yeshiva of New Haven, Inc., 205 Conn. App. 206 , 212 n.6, 257 A.3d 390 , cert. denied, 338 Conn. 903 , 258 A.3d 91 (2021). 41 The defendants also argue that Western Greenwich Holdings was not rendered insolvent by the transfer of the Greenwich properties to Blue Mountain Partners. | 1 | 1 |
| State v. Walkergreen | 1 | 1 |
| Goshen Mortgage, LLC v. Androulidakisgreen | 1 | 1 |
| State v. Parrisgreen | 1 | 1 |
Sun Oil Co. v. Wortmangreen2 sentences2025As we recognized in Paine Webber, whether a rule is substantive or procedural under the Erie doctrine is a distinct inquiry from a state choice of law analysis, as ‘‘the [United States] Supreme Court has held that [some] matters normally regarded as procedural are substantive for the purposes of Erie cases.’’ (Internal quota- tion marks omitted.) Paine Webber Jackson & Curtis, Inc. v. Winters, supra, 22 Conn. App. 655 ; see also Sun Oil Co. v. Wortman, 486 U.S. 717, 726 , 108 S. Ct. 2117 , 100 L. 2025As we recognized in Paine Webber, whether a rule is substantive or procedural under the Erie doctrine is a distinct inquiry from a state choice of law analysis, as ‘‘the [United States] Supreme Court has held that [some] matters normally regarded as procedural are substantive for the purposes of Erie cases.’’ (Internal quota- tion marks omitted.) Paine Webber Jackson & Curtis, Inc. v. Winters, supra, 22 Conn. App. 655 ; see also Sun Oil Co. v. Wortman, 486 U.S. 717, 726 , 108 S. Ct. 2117 , 100 L. | 1 | 1 |
| OneWest Bank, N.A. v. Ceslikgreen | 1 | 1 |
| Gertz v. Robert Welch, Inc.green | 1 | 1 |
| State v. Johnsongreen | 1 | 1 |
| Borg v. Cloutiergreen | 1 | 1 |
| State v. Elmer G.green | 1 | 1 |
| Northrup v. Witkowskigreen | 1 | 1 |
| Beverly Hills Concepts, Inc. v. Schatz & Schatz, Ribicoff & Kotkingreen | 1 | 1 |
| Alstom Power, Inc. v. Balcke-Durr, Inc.green | 1 | 1 |
| State v. Smithgreen | 1 | 1 |
| State v. Stevensongreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Connecticut. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Payne
green
2 sentences2022Whether that impropri- ety was harmful and thus caused or contributed to a due process violation involves a separate and distinct inquiry.’’ (Internal quotation marks omitted.) State v. Payne, 303 Conn. 538 , 560–61, 34 A.3d 370 (2012). ‘‘To determine whether the defendant was deprived of his due process right to a fair trial, we must determine ‘whether the sum total of [the prosecutor’s] improprie- ties rendered the defendant’s [trial] fundamentally unfair, in violation of his right to due process. . . . 2022Whether that impropri- ety was harmful and thus caused or contributed to a due process violation involves a separate and distinct inquiry.’’ (Internal quotation marks omitted.) State v. Payne, 303 Conn. 538 , 560–61, 34 A.3d 370 (2012). ‘‘To determine whether the defendant was deprived of his due process right to a fair trial, we must determine ‘whether the sum total of [the prosecutor’s] improprie- ties rendered the defendant’s [trial] fundamentally unfair, in violation of his right to due process. . . . | 9 | 2012–2022 |
State v. Campbell
green
2 sentences2019Whether that impropriety was harmful and thus caused or contributed to a due process violation involves a separate and distinct inquiry." (Emphasis added; internal quotation marks omitted.) State v. Campbell , 328 Conn. 444 , 541-42, 180 A.3d 882 (2018). 2019Whether that impropriety was harmful and thus caused or contributed to a due process violation involves a separate and distinct inquiry." (Emphasis added; internal quotation marks omitted.) State v. Campbell , 328 Conn. 444 , 541-42, 180 A.3d 882 (2018). | 4 | 2018–2019 |
State v. Gonzalez
green
2 sentences1997See State v. Hinton, 227 Conn. 301 , 322 n.23, 630 A.2d 593 (1993); State v. Gonzalez, 206 Conn. 391 , 393-94 n.2, 538 A.2d 210 (1988). 1997See State v. Hinton, 227 Conn. 301 , 322 n.23, 630 A.2d 593 (1993); State v. Gonzalez, 206 Conn. 391 , 393-94 n.2, 538 A.2d 210 (1988). | 3 | 1996–1997 |
State v. Warholic
green
2 sentences2018Whether that impropriety was harmful and thus caused or contributed to a due process violation involves a separate and distinct inquiry." (Citations omitted.) State v. Fauci , 282 Conn. 23 , 32, 917 A.2d 978 (2007). "[O]ur determination of whether any improper conduct by the state's attorney violated the defendant's fair trial rights is predicated on the factors set forth in State v. Williams , [ 204 Conn. 523 , 540, 529 A.2d 653 (1987) ], with due consideration of whether that [impropriety] was objected to at trial." (Internal quotation marks omitted.) State v. Warholic , 278 Conn. 354 , 362, 2018Whether that impropriety was harmful and thus caused or contributed to a due process violation involves a separate and distinct inquiry." (Citations omitted.) State v. Fauci , 282 Conn. 23 , 32, 917 A.2d 978 (2007). "[O]ur determination of whether any improper conduct by the state's attorney violated the defendant's fair trial rights is predicated on the factors set forth in State v. Williams , [ 204 Conn. 523 , 540, 529 A.2d 653 (1987) ], with due consideration of whether that [impropriety] was objected to at trial." (Internal quotation marks omitted.) State v. Warholic , 278 Conn. 354 , 362, | 2 | 2018–2023 |
State v. A. M.
green
2 sentences2021The latter part of this two-pronged test is guided by the factors set forth in State v. Williams, 204 Conn. 523, 540 , 529 A.2d 653 (1987). ‘‘These factors include . . . the extent to which the [impropriety] was invited by defense conduct or argument . . . the severity of the [impropriety] . . . the frequency of the [impropri- ety] . . . the centrality of the [impropriety] to the criti- cal issues in the case . . . the strength of the curative measures adopted . . . and the strength of the state’s case.’’ (Internal quotation marks omitted.) State v. Payne, 303 Conn. 538, 561 , 34 A.3d 370 (201 2021The latter part of this two-pronged test is guided by the factors set forth in State v. Williams, 204 Conn. 523, 540 , 529 A.2d 653 (1987). ‘‘These factors include . . . the extent to which the [impropriety] was invited by defense conduct or argument . . . the severity of the [impropriety] . . . the frequency of the [impropri- ety] . . . the centrality of the [impropriety] to the criti- cal issues in the case . . . the strength of the curative measures adopted . . . and the strength of the state’s case.’’ (Internal quotation marks omitted.) State v. Payne, 303 Conn. 538, 561 , 34 A.3d 370 (201 | 2 | 2019–2021 |
State v. Long
green
2 sentences2021Whether that impropriety was harmful and thus caused or contributed to a due process violation involves a separate and distinct inquiry.’’ (Cita- tions omitted; internal quotation marks omitted.) State v. Long, 293 Conn. 31 , 36–37, 975 A.2d 660 (2009). ‘‘A prosecutor, in fulfilling his duties, must confine himself to the evidence in the record. . . . 2021Whether that impropriety was harmful and thus caused or contributed to a due process violation involves a separate and distinct inquiry.’’ (Cita- tions omitted; internal quotation marks omitted.) State v. Long, 293 Conn. 31 , 36–37, 975 A.2d 660 (2009). ‘‘A prosecutor, in fulfilling his duties, must confine himself to the evidence in the record. . . . | 2 | 2021–2021 |
Nicholson v. Comm'r of Corr.
green
2 sentences2020Whether that impropriety was harmful and thus caused or con- tributed to a due process violation involves a separate and distinct inquiry. . . . [If] a defendant raises on appeal a claim that improper remarks by the prosecutor deprived the defendant of his constitutional right to a fair trial, the burden is on the defendant to show . . . that the remarks were improper . . . .’’ (Internal quota- tion marks omitted.) State v. Brett B., 186 Conn. App. 563, 573 , 200 A.3d 706 (2018), cert. denied, 330 Conn. 961 , 199 A.3d 560 (2019). ‘‘The defendant also has the burden to show that, considered in 2019The defendant also has the burden to show that, considered in light of the whole trial, the improprieties were so egregious that they amounted to a denial of due process." (Citations omitted; internal quotation marks omitted.) State v. Brett B. , 186 Conn. App. 563 , 573, 200 A.3d 706 (2018), cert. denied, 330 Conn. 961 , 199 A.3d 560 (2019). | 2 | 2019–2020 |
Davis v. Comm'r of Corr.
green
2 sentences2020Whether that impropriety was harmful and thus caused or con- tributed to a due process violation involves a separate and distinct inquiry. . . . [If] a defendant raises on appeal a claim that improper remarks by the prosecutor deprived the defendant of his constitutional right to a fair trial, the burden is on the defendant to show . . . that the remarks were improper . . . .’’ (Internal quota- tion marks omitted.) State v. Brett B., 186 Conn. App. 563, 573 , 200 A.3d 706 (2018), cert. denied, 330 Conn. 961 , 199 A.3d 560 (2019). ‘‘The defendant also has the burden to show that, considered in 2020Whether that impropriety was harmful and thus caused or con- tributed to a due process violation involves a separate and distinct inquiry. . . . [If] a defendant raises on appeal a claim that improper remarks by the prosecutor deprived the defendant of his constitutional right to a fair trial, the burden is on the defendant to show . . . that the remarks were improper . . . .’’ (Internal quota- tion marks omitted.) State v. Brett B., 186 Conn. App. 563, 573 , 200 A.3d 706 (2018), cert. denied, 330 Conn. 961 , 199 A.3d 560 (2019). ‘‘The defendant also has the burden to show that, considered in | 2 | 2019–2020 |
State v. Brett B.
green
2 sentences2020Whether that impropriety was harmful and thus caused or con- tributed to a due process violation involves a separate and distinct inquiry. . . . [If] a defendant raises on appeal a claim that improper remarks by the prosecutor deprived the defendant of his constitutional right to a fair trial, the burden is on the defendant to show . . . that the remarks were improper . . . .’’ (Internal quota- tion marks omitted.) State v. Brett B., 186 Conn. App. 563, 573 , 200 A.3d 706 (2018), cert. denied, 330 Conn. 961 , 199 A.3d 560 (2019). ‘‘The defendant also has the burden to show that, considered in 2020Whether that impropriety was harmful and thus caused or con- tributed to a due process violation involves a separate and distinct inquiry. . . . [If] a defendant raises on appeal a claim that improper remarks by the prosecutor deprived the defendant of his constitutional right to a fair trial, the burden is on the defendant to show . . . that the remarks were improper . . . .’’ (Internal quota- tion marks omitted.) State v. Brett B., 186 Conn. App. 563, 573 , 200 A.3d 706 (2018), cert. denied, 330 Conn. 961 , 199 A.3d 560 (2019). ‘‘The defendant also has the burden to show that, considered in | 2 | 2019–2020 |
State v. Quail
green
2 sentences2017"The defendant bears the burden of satisfying both of these analytical steps." State v. O'Brien-Veader , 318 Conn. 514 , 524, 122 A.3d 555 (2015). "[P]rosecutorial [impropriety] of a constitutional magnitude can occur in the course of closing arguments. ... [B]ecause closing arguments often have a rough and tumble quality about them, some leeway must be afforded to the advocates in offering arguments to the jury in final argument. [I]n addressing the jury, [c]ounsel must be allowed a generous latitude in argument, as the limits of legitimate argument and fair comment cannot be determined preci 2017"The defendant bears the burden of satisfying both of these analytical steps." State v. O'Brien-Veader , 318 Conn. 514 , 524, 122 A.3d 555 (2015). "[P]rosecutorial [impropriety] of a constitutional magnitude can occur in the course of closing arguments.... [B]ecause closing arguments often have a rough and tumble quality about them, some leeway must be afforded to the advocates in offering arguments to the jury in final argument. [I]n addressing the jury, [c]ounsel must be allowed a generous latitude in argument, as the limits of legitimate argument and fair comment cannot be determined precis | 2 | 2017–2017 |
State v. Elias V.
green
2 sentences2017"The defendant bears the burden of satisfying both of these analytical steps." State v. O'Brien-Veader , 318 Conn. 514 , 524, 122 A.3d 555 (2015). "[P]rosecutorial [impropriety] of a constitutional magnitude can occur in the course of closing arguments. ... [B]ecause closing arguments often have a rough and tumble quality about them, some leeway must be afforded to the advocates in offering arguments to the jury in final argument. [I]n addressing the jury, [c]ounsel must be allowed a generous latitude in argument, as the limits of legitimate argument and fair comment cannot be determined preci 2017"The defendant bears the burden of satisfying both of these analytical steps." State v. O'Brien-Veader , 318 Conn. 514 , 524, 122 A.3d 555 (2015). "[P]rosecutorial [impropriety] of a constitutional magnitude can occur in the course of closing arguments.... [B]ecause closing arguments often have a rough and tumble quality about them, some leeway must be afforded to the advocates in offering arguments to the jury in final argument. [I]n addressing the jury, [c]ounsel must be allowed a generous latitude in argument, as the limits of legitimate argument and fair comment cannot be determined precis | 2 | 2017–2017 |
State v. Elias V.
green
2 sentences2017"The defendant bears the burden of satisfying both of these analytical steps." State v. O'Brien-Veader , 318 Conn. 514 , 524, 122 A.3d 555 (2015). "[P]rosecutorial [impropriety] of a constitutional magnitude can occur in the course of closing arguments. ... [B]ecause closing arguments often have a rough and tumble quality about them, some leeway must be afforded to the advocates in offering arguments to the jury in final argument. [I]n addressing the jury, [c]ounsel must be allowed a generous latitude in argument, as the limits of legitimate argument and fair comment cannot be determined preci 2017"The defendant bears the burden of satisfying both of these analytical steps." State v. O'Brien-Veader , 318 Conn. 514 , 524, 122 A.3d 555 (2015). "[P]rosecutorial [impropriety] of a constitutional magnitude can occur in the course of closing arguments. ... [B]ecause closing arguments often have a rough and tumble quality about them, some leeway must be afforded to the advocates in offering arguments to the jury in final argument. [I]n addressing the jury, [c]ounsel must be allowed a generous latitude in argument, as the limits of legitimate argument and fair comment cannot be determined preci | 2 | 2017–2017 |
Lawrence v. Zoning Board of Appeals
green
2 sentences2006Additionally, with respect to the word “ ‘customarily,’ ” we concluded that “[although it is used in this and many other ordinances as a modifier of ‘incidental,’ it should be applied as a separate and distinct test.” Id. 1993Id. [A customary use is one which] has commonly, habitually and by long practice been established as reasonably associated with the primary use. . . . [S]ome of the factors which should be taken into consideration are the size of the lot in question, the nature of the primary use, the use made of the adjacent lots by neighbors and the economic structure of the area. | 2 | 1993–2006 |
State v. Gary S.
green
1 sentence2025While the privilege of counsel in addressing the jury should not be too closely narrowed or unduly ham- pered, it must never be used as a license to state, or to comment [on], or to suggest an inference from, facts not in evidence, or to present matters [that] the jury ha[s] no right to consider.’’ (Internal quotation marks omitted.) State v. Gary S., 345 Conn. 387 , 407–408, 285 A.3d 29 (2022). ‘‘Our case law establishes that [a] prosecutor may not appeal to the emotions, passions and prejudices of the jurors. . . . | 1 | 2025–2025 |
| State v. Hinds neutral | 1 | 2023–2023 |
| State v. Curcio green | 1 | 2021–2021 |
| State v. Gonzalez green | 1 | 2021–2021 |
| Turner v. Rogers green | 1 | 2020–2020 |
| State v. Medina green | 1 | 2020–2020 |
| In re Henrry P. B.-P. green | 1 | 2020–2020 |
| Mathews v. Eldridge green | 1 | 2020–2020 |
| State v. Elmer G. green | 1 | 2020–2020 |
| State v. Rios green | 1 | 2020–2020 |
| State v. Pernell green | 1 | 2020–2020 |
| State v. Danovan T. neutral | 1 | 2019–2019 |
| Williams v. Comm'r of Corr. neutral | 1 | 2019–2019 |
| State v. Danovan T. green | 1 | 2019–2019 |
| State v. Turner green | 1 | 2019–2019 |
| Hall v. Hall green | 1 | 2019–2019 |
| State v. Turner green | 1 | 2019–2019 |
| Barry v. Quality Steel Products, Inc. green | 1 | 2017–2017 |
| Thompson v. Commissioner of Correction green | 1 | 2017–2017 |
| McKeon v. Lennon green | 1 | 2017–2017 |
| Board of Education v. Bridgeport Education Ass'n green | 1 | 2014–2014 |
| State v. Woolfolk green | 1 | 2014–2014 |
| State v. Main green | 1 | 2014–2014 |
| State v. Woolfolk green | 1 | 2014–2014 |
| State v. Necaise green | 1 | 2014–2014 |
| Mangiante v. Niemiec green | 1 | 2014–2014 |
| State v. Necaise green | 1 | 2014–2014 |
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.
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.