cumulative error (Connecticut) · Go Syfert
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cumulative error in Connecticut

12 Connecticut opinions name it 2 courts 1980–2021 2 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 (10)

CaseFollowedCited
State v. Tillmangreen
conn · 1991 · cited in 3 Connecticut opinions naming this issue, 2010–2018
2 sentences

2017The defendant relies on Gaines v. Kelly , 202 F.3d 598 , 607 (2d Cir. 2000), as support for the notion that several components that individually are not error can be aggregated to create error, but our Supreme Court, citing State v. Harris , 182 Conn. 220 , 230-33, 438 A.2d 38 (1980), rejected the cumulative error approach regarding claims of instructional error in State v. Tillman , 220 Conn. 487 , 505, 600 A.2d 738 (1991), cert. denied, 505 U.S. 1207 , 112 S.Ct. 3000 , 120 L.

2017The defendant relies on Gaines v. Kelly , 202 F.3d 598 , 607 (2d Cir. 2000), as support for the notion that several components that individually are not error can be aggregated to create error, but our Supreme Court, citing State v. Harris , 182 Conn. 220 , 230-33, 438 A.2d 38 (1980), rejected the cumulative error approach regarding claims of instructional error in State v. Tillman , 220 Conn. 487 , 505, 600 A.2d 738 (1991), cert. denied, 505 U.S. 1207 , 112 S.Ct. 3000 , 120 L.

23
Tillman v. Connecticutgreen
scotus · 1992 · cited in 3 Connecticut opinions naming this issue, 2010–2018
2 sentences

2018State v. Tillman , 220 Conn. 487 , 505, 600 A.2d 738 (1991) ("[w]e decline to create a new constitutional claim in which the totality of alleged constitutional error is greater than the sum of its parts"), cert. denied, 505 U.S. 1207 , 112 S.Ct. 3000 , 120 L.Ed.2d 876 (1992).

2017The defendant relies on Gaines v. Kelly , 202 F.3d 598 , 607 (2d Cir. 2000), as support for the notion that several components that individually are not error can be aggregated to create error, but our Supreme Court, citing State v. Harris , 182 Conn. 220 , 230-33, 438 A.2d 38 (1980), rejected the cumulative error approach regarding claims of instructional error in State v. Tillman , 220 Conn. 487 , 505, 600 A.2d 738 (1991), cert. denied, 505 U.S. 1207 , 112 S.Ct. 3000 , 120 L.

13
Slezak v. Cannongreen
scotus · 1992 · cited in 3 Connecticut opinions naming this issue, 2010–2018
2 sentences

2018State v. Tillman , 220 Conn. 487 , 505, 600 A.2d 738 (1991) ("[w]e decline to create a new constitutional claim in which the totality of alleged constitutional error is greater than the sum of its parts"), cert. denied, 505 U.S. 1207 , 112 S.Ct. 3000 , 120 L.Ed.2d 876 (1992).

2017The defendant relies on Gaines v. Kelly , 202 F.3d 598 , 607 (2d Cir. 2000), as support for the notion that several components that individually are not error can be aggregated to create error, but our Supreme Court, citing State v. Harris , 182 Conn. 220 , 230-33, 438 A.2d 38 (1980), rejected the cumulative error approach regarding claims of instructional error in State v. Tillman , 220 Conn. 487 , 505, 600 A.2d 738 (1991), cert. denied, 505 U.S. 1207 , 112 S.Ct. 3000 , 120 L.

13
McGee v. Screw Conveyor Corp.green
scotus · 1992 · cited in 3 Connecticut opinions naming this issue, 2010–2018
2 sentences

2018State v. Tillman , 220 Conn. 487 , 505, 600 A.2d 738 (1991) ("[w]e decline to create a new constitutional claim in which the totality of alleged constitutional error is greater than the sum of its parts"), cert. denied, 505 U.S. 1207 , 112 S.Ct. 3000 , 120 L.Ed.2d 876 (1992).

2017The defendant relies on Gaines v. Kelly , 202 F.3d 598 , 607 (2d Cir. 2000), as support for the notion that several components that individually are not error can be aggregated to create error, but our Supreme Court, citing State v. Harris , 182 Conn. 220 , 230-33, 438 A.2d 38 (1980), rejected the cumulative error approach regarding claims of instructional error in State v. Tillman , 220 Conn. 487 , 505, 600 A.2d 738 (1991), cert. denied, 505 U.S. 1207 , 112 S.Ct. 3000 , 120 L.

13
State v. Harrisgreen
conn · 1980 · cited in 2 Connecticut opinions naming this issue, 2017–2017
2 sentences

2017Compare Hinds v. Commissioner of Correction , 321 Conn. 56 , 95, 136 A.3d 596 (2016) ("even if we were to recognize the [due process] cumulative error doctrine as articulated in the federal courts and to deem it applicable to habeas proceedings, the trial improprieties in the present case would not justify relief under that doctrine"), with State v. Harris , 182 Conn. 220 , 232, 438 A.2d 38 (1980) ("The final portion of the cumulative error argument concerns the ineffectiveness of the defendant's trial counsel.

2017Compare Hinds v. Commissioner of Correction , 321 Conn. 56 , 95, 136 A.3d 596 (2016) ("even if we were to recognize the [due process] cumulative error doctrine as articulated in the federal courts and to deem it applicable to habeas proceedings, the trial improprieties in the present case would not justify relief under that doctrine"), with State v. Harris , 182 Conn. 220 , 232, 438 A.2d 38 (1980) ("The final portion of the cumulative error argument concerns the ineffectiveness of the defendant's trial counsel.

12
Joseph Martin Gaines v. Walter R. Kellygreen
ca2 · 2000 · cited in 2 Connecticut opinions naming this issue, 2014–2017
2 sentences

2017The defendant relies on Gaines v. Kelly , 202 F.3d 598 , 607 (2d Cir. 2000), as support for the notion that several components that individually are not error can be aggregated to create error, but our Supreme Court, citing State v. Harris , 182 Conn. 220 , 230-33, 438 A.2d 38 (1980), rejected the cumulative error approach regarding claims of instructional error in State v. Tillman , 220 Conn. 487 , 505, 600 A.2d 738 (1991), cert. denied, 505 U.S. 1207 , 112 S.Ct. 3000 , 120 L.

2014The judgment is affirmed. 1 The petitioner has not appealed the third habeas court’s judgment as to counts one, two, and four through seven of his third amended petition for habeas relief. 2 Under the cumulative error approach followed by the United States Court of Appeals for the Second Circuit, “[e]ven were each and every one of the [alleged due process violations] to pass constitutional muster, their cumulative effect may violate constitutional due process.” Gaines v. Kelly, 202 F.3d 598, 607 (2d Cir. 2000). 3 Although the first habeas court did state that it was “puzzled by [an] unfortunat

12
State v. Billiegreen
connappct · 2010 · cited in 2 Connecticut opinions naming this issue, 2014–2017
2 sentences

2017In addition, this court previously has rejected arguments to "abandon our Supreme Court precedent [in Tillman ] and adopt the cumulative error approach followed by the United States Court of Appeals for the Second Circuit [in Gaines ]." State v. Billie , 123 Conn. App. 690 , 705-706, 2 A.3d 1034 (2010).

2017In addition, this court previously has rejected arguments to "abandon our Supreme Court precedent [in Tillman ] and adopt the cumulative error approach followed by the United States Court of Appeals for the Second Circuit [in Gaines ]." State v. Billie , 123 Conn. App. 690 , 705-706, 2 A.3d 1034 (2010).

12
State v. Reedgreen
ncctapp · 2002 · cited in 1 Connecticut opinions naming this issue, 2021–2021
1 sentence

2021See footnote 14 of this opinion. 17 See United States v. Sotelo, supra, 2016 WL 4650617 , *10 (evidence of authentication included writing found in bedroom of codefendant’s resi- dence, and no evidence suggested another person resided there); see also State v. Reed, 153 N.C.

11
State v. Campbellgreen
conn · 2018 · cited in 1 Connecticut opinions naming this issue, 2018–2018
2 sentences

2018The defendant, appearing to acknowledge that our Supreme Court has yet to adopt the cumulative error doctrine under state law; see State v. Campbell , 328 Conn. 444 , 180 A.3d 882 (2018) ; argues that because the "claim asserts a violation of [his] federal due process right to a fair trial, [it] does not depend on acceptance of a state law cumulative error doctrine." "[F]ederal case law in which the cumulative unfairness doctrine ... has required reversal of a conviction essentially seems to fall into one or more of the following categories: (1) the errors directly related to and impacted an i

2018The defendant, appearing to acknowledge that our Supreme Court has yet to adopt the cumulative error doctrine under state law; see State v. Campbell , 328 Conn. 444 , 180 A.3d 882 (2018) ; argues that because the "claim asserts a violation of [his] federal due process right to a fair trial, [it] does not depend on acceptance of a state law cumulative error doctrine." "[F]ederal case law in which the cumulative unfairness doctrine ... has required reversal of a conviction essentially seems to fall into one or more of the following categories: (1) the errors directly related to and impacted an i

11
United States v. Al-Moayadgreen
ca2 · 2008 · cited in 1 Connecticut opinions naming this issue, 2016–2016
1 sentence

2016Federal case law in which the ‘‘ ‘cumulative unfairness’ ’’ doctrine; United States v. Al-Moayad, 545 F.3d 139, 178 (2d Cir. 2008); has required reversal of a conviction essentially seems to fall into one or more of the following categories: (1) the errors directly related to and impacted an identified right essential to a fair trial, i.e., the right to a presumption of innocence or the right to present witnesses in one’s own defense; (2) at least one of the errors was so significant as to render it highly doubtful that the defendant had received a fair trial and the remaining errors created t

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 (7)

CaseCitedYears
Cooke v. Commissioner of Correction green
connappct · 2019
1 sentence

2021Because it is not within the province of this court to reevaluate decisions of our Supreme Court . . . we lack authority under the current state of our case law to analyze the petitioner’s ineffective assistance claims under the cumulative error rule.’’ (Citations omitted; internal quotation marks omitted.) Cooke v. Commis- sioner of Correction, 194 Conn. App. 807, 819 , 222 A.3d 1000 (2019), cert. denied, 335 Conn. 911 , 228 A.3d 1041 (2020).

12021–2021
Strickland v. Washington green
scotus · 1984
1 sentence

2019The petitioner could not prevail on his claim that the habeas court erred by not analyzing whether the cumulative effect of his trial counsel’s alleged errors constituted prejudice under Strickland v. Washington ( 466 U.S. 668 ); the court considered and rejected multiple claims of ineffective assistance that the petitioner alleged against his trial counsel, noting that the state presented a strong case against the petitioner, our Supreme Court has repeatedly declined to adopt a cumulative error analysis, and it was not within the province of this court to reevaluate the decisions of our Supre

12019–2019
Anderson v. Commissioner of Correction green
connappct · 2014
1 sentence

2017Because it is not within the province of this court to reevaluate decisions of our Supreme Court; Anderson v. Commissioner of Correction , supra, at 645, 85 A.3d 1240 ; we lack authority under the current state of our case law 5 to analyze the petitioner's ineffective assistance claims under the cumulative error rule.

12017–2017
Anderson v. Commissioner of Correction green
conn · 2009
2 sentences

2014See, e.g., States v. Billie, 123 Conn. App. 690, 706 , 2 A.3d 1034 (2010); Anderson v. Commissioner of Correction, 114 Conn. App. 778, 795-96 , 971 A.2d 766 , cert. denied, 293 Conn. 915 , 979 A.2d 488 (2009).

2014See, e.g., States v. Billie, 123 Conn. App. 690, 706 , 2 A.3d 1034 (2010); Anderson v. Commissioner of Correction, 114 Conn. App. 778, 795-96 , 971 A.2d 766 , cert. denied, 293 Conn. 915 , 979 A.2d 488 (2009).

12014–2014
Anderson v. Commissioner of Correction green
connappct · 2009
2 sentences

2014See, e.g., States v. Billie, 123 Conn. App. 690, 706 , 2 A.3d 1034 (2010); Anderson v. Commissioner of Correction, 114 Conn. App. 778, 795-96 , 971 A.2d 766 , cert. denied, 293 Conn. 915 , 979 A.2d 488 (2009).

2014See, e.g., States v. Billie, 123 Conn. App. 690, 706 , 2 A.3d 1034 (2010); Anderson v. Commissioner of Correction, 114 Conn. App. 778, 795-96 , 971 A.2d 766 , cert. denied, 293 Conn. 915 , 979 A.2d 488 (2009).

12014–2014
Ballard v. Kaplan green
conn · 1975
1 sentence

1980At the outset we observe that “[t]he action of a judge taking an apparent position of advocacy in a case before him has been continually condemned.” State v. Echols, 170 Conn. 11, 13-14 , 364 A.2d 225 (1975).

11980–1980
State v. Echols green
conn · 1975
1 sentence

1980At the outset we observe that “[t]he action of a judge taking an apparent position of advocacy in a case before him has been continually condemned.” State v. Echols, 170 Conn. 11, 13-14 , 364 A.2d 225 (1975).

11980–1980

Statutes the citing opinions construe

CT § Conn. Gen. Stat. § 53a-54a (6)

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 763 (1984–2026) WA 493 (1981–2026) CA 282 (1961–2026) TN 276 (2001–2026) KS 247 (1994–2026) NM 222 (1967–2026) UT 194 (1986–2026) ID 183 (1987–2026) CO 143 (1983–2026) MS 136 (1991–2026) TX 132 (1948–2026) GA 106 (1984–2026) NV 99 (1994–2026) FL 98 (1985–2025) KY 89 (2012–2026) OK 76 (1988–2026) NJ 75 (1989–2026) WV 66 (1976–2025) MT 55 (1976–2026) AL 43 (1980–2022) IL 42 (1982–2026) MI 35 (1995–2026) AZ 35 (1966–2026) WY 29 (1991–2025) AR 29 (1994–2025) MN 23 (1989–2026) PA 22 (1979–2026) SC 22 (2005–2026) OR 17 (2000–2026) MA 12 (1996–2025) CT 12 (1980–2021) NE 12 (2002–2026) DE 11 (2014–2025) NC 10 (2014–2026) IA 10 (2017–2025) LA 8 (2009–2024) VI 6 (2012–2013) MD 5 (1999–2022) WI 4 (2003–2022) SD 3 (2019–2026) ME 3 (2013–2024) ND 2 (2013–2013) IN 2 (2009–2018) VT 2 (2017–2018)

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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