challenged jury instruction in Connecticut

2013So, those are the charges, so that’s the elements that have to be proven beyond a reasonable doubt.” (Emphasis added.) “When reviewing the challenged jury instruction . . . we must adhere to the well settled rule that a charge to the jury is to be considered in its entirety, read as a whole, and judged by its total effect rather than by its individual component parts. . . . [T]he test of a court’s charge is not whether it is as accurate upon legal principles as the opinions of a court of last resort but whether it fairly presents the case to the jury in such a way that injustice is not done to

2013So, those are the charges, so that’s the elements that have to be proven beyond a reasonable doubt.” (Emphasis added.) “When reviewing the challenged jury instruction . . . we must adhere to the well settled rule that a charge to the jury is to be considered in its entirety, read as a whole, and judged by its total effect rather than by its individual component parts. . . . [T]he test of a court’s charge is not whether it is as accurate upon legal principles as the opinions of a court of last resort but whether it fairly presents the case to the jury in such a way that injustice is not done to

2022As long as [the instructions] are cor- rect in law, adapted to the issues and sufficient for the guidance of the jury . . . we will not view the instruc- tions as improper.’’ (Internal quotation marks omitted.) State v. Arroyo, 292 Conn. 558, 566 , 973 A.2d 1254 (2009), cert. denied, 559 U.S. 911 , 130 S. Ct. 1296 , 175 L.

2022As long as [the instructions] are cor- rect in law, adapted to the issues and sufficient for the guidance of the jury . . . we will not view the instruc- tions as improper.’’ (Internal quotation marks omitted.) State v. Arroyo, 292 Conn. 558, 566 , 973 A.2d 1254 (2009), cert. denied, 559 U.S. 911 , 130 S. Ct. 1296 , 175 L.

2005Specifically, the defendant argues that the trial court’s instruction violated his constitutional right to due process by establishing a mandatory presumption that improperly shifted the burden of proof to the defendant and also violated this court’s mandate in State v. Aponte, 259 Conn. 512, 522 , 790 A.2d 457 (2002), pursuant to our supervisory authority over the administration of justice, that the trial courts of this state should refrain from using the challenged jury instruction.

2005Specifically, the defendant argues that the trial court’s instruction violated his constitutional right to due process by establishing a mandatory presumption that improperly shifted the burden of proof to the defendant and also violated this court’s mandate in State v. Aponte, 259 Conn. 512, 522 , 790 A.2d 457 (2002), pursuant to our supervisory authority over the administration of justice, that the trial courts of this state should refrain from using the challenged jury instruction.

2012“Under prong three of Golding , a challenged jury instruction constitutes a clear constitutional violation that clearly deprives a defendant of a fair trial if it is found reasonably possible that the jury was misled by the court’s instruction.” State v. Tate, 59 Conn. App. 282, 286 , 755 A.2d 984 , cert. denied, 254 Conn. 935 , 761 A.2d 757 (2000).

2012“Under prong three of Golding , a challenged jury instruction constitutes a clear constitutional violation that clearly deprives a defendant of a fair trial if it is found reasonably possible that the jury was misled by the court’s instruction.” State v. Tate, 59 Conn. App. 282, 286 , 755 A.2d 984 , cert. denied, 254 Conn. 935 , 761 A.2d 757 (2000).

2012“Under prong three of Golding , a challenged jury instruction constitutes a clear constitutional violation that clearly deprives a defendant of a fair trial if it is found reasonably possible that the jury was misled by the court’s instruction.” State v. Tate, 59 Conn. App. 282, 286 , 755 A.2d 984 , cert. denied, 254 Conn. 935 , 761 A.2d 757 (2000).

2003The defen dant seeks review under State v. Golding, 213 Conn. 233 , 567 A.2d 823 (1989). 4 “Under prong three of Golding , a challenged jury instruction constitutes a clear constitutional violation that clearly deprives a defendant of a fair trial if it is found reasonably possible that the jury was misled by the court’s instruction.” State v. Tate, 59 Conn. App. 282, 286 , 755 A.2d 984 , cert. denied, 254 Conn. 935 , 761 A.2d 757 (2000).

2012“Under prong three of Golding , a challenged jury instruction constitutes a clear constitutional violation that clearly deprives a defendant of a fair trial if it is found reasonably possible that the jury was misled by the court’s instruction.” State v. Tate, 59 Conn. App. 282, 286 , 755 A.2d 984 , cert. denied, 254 Conn. 935 , 761 A.2d 757 (2000).

2003The defen dant seeks review under State v. Golding, 213 Conn. 233 , 567 A.2d 823 (1989). 4 “Under prong three of Golding , a challenged jury instruction constitutes a clear constitutional violation that clearly deprives a defendant of a fair trial if it is found reasonably possible that the jury was misled by the court’s instruction.” State v. Tate, 59 Conn. App. 282, 286 , 755 A.2d 984 , cert. denied, 254 Conn. 935 , 761 A.2d 757 (2000).

2008"When reviewing the challenged jury instruction . . . we must adhere to the well settled rule that a charge to the jury is to be considered in its entirety, read as a whole, and judged by its total effect rather than by its individual component parts. . . . [I]n appeals involving a constitutional question, [the standard is] whether it is reasonably possible that the jury [was] misled." (Internal quotation marks omitted.) State v. Benjamin, 86 Conn.App. 344, 353 , 861 A.2d 524 (2004). [10] *1078 "In determining whether it was . . . reasonably possible that the jury was misled *1079 by the trial

2005“When reviewing the challenged jury instruction, however, we must adhere to the well settled rule that a charge to the jury is to be considered in its entirety, read as a whole, and judged by its total effect rather than by its individual component parts.” (Internal quotation marks omitted.) State v. Davis, 261 Conn. 553, 563-564 , 804 A.2d 781 (2002). “[A] charge to the jury is not to be critically dissected for the purpose of discovering possible inaccuracies of statement, but it is to be considered rather as to its probable effect upon the jury in guiding [it] to a correct verdict in the ca

2007As long as [the instructions] are correct in law, adapted to the issues and sufficient for the guidance of the jury . . . we will not view the instructions as improper. . . . [I]n appeals involving a constitutional question, [the standard is] whether it is reasonably possible that the jury [was] misled.” (Citation omitted; internal quotation marks omitted.) State v. Smith, 70 Conn. App. 393, 398 , 797 A.2d 1190 , cert. denied, 261 Conn. 924 , 806 A.2d 1063 (2002).

2006When reviewing the challenged jury instruction, however, we must adhere to the well settled rule that a charge to the jury is to be considered in its entirety, read as a whole, and judged by its total effect rather than by its individual component parts. . . . [T]he test of a court’s charge is not whether it is as accurate upon legal principles as the opinions of a court of last resort but whether it fairly presents the case to the jury in such a way that injustice is not done to either party under the established rules of law. . . . [I]n appeals involving a constitutional question, [the stand

2007As long as [the instructions] are correct in law, adapted to the issues and sufficient for the guidance of the jury . . . we will not view the instructions as improper. . . . [I]n appeals involving a constitutional question, [the standard is] whether it is reasonably possible that the jury [was] misled.” (Citation omitted; internal quotation marks omitted.) State v. Smith, 70 Conn. App. 393, 398 , 797 A.2d 1190 , cert. denied, 261 Conn. 924 , 806 A.2d 1063 (2002).

2006When reviewing the challenged jury instruction, however, we must adhere to the well settled rule that a charge to the jury is to be considered in its entirety, read as a whole, and judged by its total effect rather than by its individual component parts. . . . [T]he test of a court’s charge is not whether it is as accurate upon legal principles as the opinions of a court of last resort but whether it fairly presents the case to the jury in such a way that injustice is not done to either party under the established rules of law. . . . [I]n appeals involving a constitutional question, [the stand

2004As long as [the instructions] are correct in law, adapted to the issues and sufficient for the guidance of the jury . . . we will not view the instructions as improper.” (Citation omitted; internal quotation marks omitted.) State v. Betances, 265 Conn. 493, 509-10 , 828 A.2d 1248 (2003).

2004As long as [the instructions] are correct in law, adapted to the issues and sufficient for the guidance of the jury . . . we will not view the instructions as improper.” (Citation omitted; internal quotation marks omitted.) State v. Betances, 265 Conn. 493, 509-10 , 828 A.2d 1248 (2003).

2003As long as [the instructions] are correct in law, adapted to the issues and sufficient for the guidance of the jury ... we will not view the instructions as improper.” (Internal quotation marks omitted.) Id. “[I]n appeals involving a constitutional question, [the standard is] whether it is reasonably possible that the jury [was] misled.” (Internal quotation marks omitted.) State v. Delgado, 247 Conn. 616, 625 , 725 A.2d 306 (1999).

2003As long as [the instructions] are correct in law, adapted to the issues and sufficient for the guidance of the jury ... we will not view the instructions as improper.” (Internal quotation marks omitted.) Id. “[I]n appeals involving a constitutional question, [the standard is] whether it is reasonably possible that the jury [was] misled.” (Internal quotation marks omitted.) State v. Delgado, 247 Conn. 616, 625 , 725 A.2d 306 (1999).

2013As long as [the instructions] are correct in law, adapted to the issues and sufficient for the guidance of the jury . . . we will not view the instructions as improper.” (Internal quotation marks omitted.) State v. DeJesus, 260 Conn. 466, 473 , 797 A.2d 1101 (2002).

2013As long as [the instructions] are correct in law, adapted to the issues and sufficient for the guidance of the jury . . . we will not view the instructions as improper.” (Internal quotation marks omitted.) State v. DeJesus, 260 Conn. 466, 473 , 797 A.2d 1101 (2002).

2012As long as [the instructions] are correct in law, adapted to the issues and sufficient for the guidance of the jury . . . we will not view the instructions as improper. . . . [I]n appeals involving a constitutional question, [the standard is] whether it is reasonably possible that the jury [was] misled.” (Citations omitted; internal quotation marks omitted.) State v. George B., 258 Conn. 779, 797 , 785 A.2d 573 (2001).

2012As long as [the instructions] are correct in law, adapted to the issues and sufficient for the guidance of the jury . . . we will not view the instructions as improper. . . . [I]n appeals involving a constitutional question, [the standard is] whether it is reasonably possible that the jury [was] misled.” (Citations omitted; internal quotation marks omitted.) State v. George B., 258 Conn. 779, 797 , 785 A.2d 573 (2001).

2011As long as [the instructions] are correct in law, adapted to the issues and sufficient for the guidance of the jury ... we will *715 not view the instructions as improper.” (Internal quotation marks omitted.) State v. Griggs, 288 Conn. 116, 124 , 951 A.2d 531 (2008).

2011As long as [the instructions] are correct in law, adapted to the issues and sufficient for the guidance of the jury ... we will *715 not view the instructions as improper.” (Internal quotation marks omitted.) State v. Griggs, 288 Conn. 116, 124 , 951 A.2d 531 (2008).

2006As long as [the instructions] are correct in law, adapted to the issues and sufficient for the guidance of the jury ... we will not view the instructions as improper.” (Internal quotation marks omitted.) Kramer v. Petisi, 91 Conn. App. 26, 32 , 879 A.2d 526 , cert. granted on other grounds, 276 Conn. 916 , 888 A.2d 84 (2005); see also State v. Berger, 249 Conn. 218, 234-36 , 733 A.2d 156 (1999).

2006As long as [the instructions] are correct in law, adapted to the issues and sufficient for the guidance of the jury ... we will not view the instructions as improper.” (Internal quotation marks omitted.) Kramer v. Petisi, 91 Conn. App. 26, 32 , 879 A.2d 526 , cert. granted on other grounds, 276 Conn. 916 , 888 A.2d 84 (2005).

2006As long as [the instructions] are correct in law, adapted to the issues and sufficient for the guidance of the jury ... we will not view the instructions as improper.” (Internal quotation marks omitted.) Kramer v. Petisi, 91 Conn. App. 26, 32 , 879 A.2d 526 , cert. granted on other grounds, 276 Conn. 916 , 888 A.2d 84 (2005); see also State v. Berger, 249 Conn. 218, 234-36 , 733 A.2d 156 (1999).

2006As long as [the instructions] are correct in law, adapted to the issues and sufficient for the guidance of the jury ... we will not view the instructions as improper.” (Internal quotation marks omitted.) Kramer v. Petisi, 91 Conn. App. 26, 32 , 879 A.2d 526 , cert. granted on other grounds, 276 Conn. 916 , 888 A.2d 84 (2005).

2006As long as [the instructions] are correct in law, adapted to the issues and sufficient for the guidance of the jury ... we will not view the instructions as improper.” (Internal quotation marks omitted.) Kramer v. Petisi, 91 Conn. App. 26, 32 , 879 A.2d 526 , cert. granted on other grounds, 276 Conn. 916 , 888 A.2d 84 (2005); see also State v. Berger, 249 Conn. 218, 234-36 , 733 A.2d 156 (1999).

2006As long as [the instructions] are correct in law, adapted to the issues and sufficient for the guidance of the jury ... we will not view the instructions as improper.” (Internal quotation marks omitted.) Kramer v. Petisi, 91 Conn. App. 26, 32 , 879 A.2d 526 , cert. granted on other grounds, 276 Conn. 916 , 888 A.2d 84 (2005); see also State v. Berger, 249 Conn. 218, 234-36 , 733 A.2d 156 (1999).

2003The defen dant seeks review under State v. Golding, 213 Conn. 233 , 567 A.2d 823 (1989). 4 “Under prong three of Golding , a challenged jury instruction constitutes a clear constitutional violation that clearly deprives a defendant of a fair trial if it is found reasonably possible that the jury was misled by the court’s instruction.” State v. Tate, 59 Conn. App. 282, 286 , 755 A.2d 984 , cert. denied, 254 Conn. 935 , 761 A.2d 757 (2000).

2003The defen dant seeks review under State v. Golding, 213 Conn. 233 , 567 A.2d 823 (1989). 4 “Under prong three of Golding , a challenged jury instruction constitutes a clear constitutional violation that clearly deprives a defendant of a fair trial if it is found reasonably possible that the jury was misled by the court’s instruction.” State v. Tate, 59 Conn. App. 282, 286 , 755 A.2d 984 , cert. denied, 254 Conn. 935 , 761 A.2d 757 (2000).

2003As long as [the instructions] are correct in law, adapted to the issues and sufficient for the guidance of the jury . . . we will not view the instructions as improper.” (Internal quotation marks omitted.) State v. Ali, 233 Conn. 403, 422 , 660 A.2d 337 (1995).

2003As long as [the instructions] are correct in law, adapted to the issues and sufficient for the guidance of the jury . . . we will not view the instructions as improper.” (Internal quotation marks omitted.) State v. Ali, 233 Conn. 403, 422 , 660 A.2d 337 (1995).

2002As long as [the instructions] are correct in law, adapted to the issues and sufficient for the guidance of the jury ... we will not view the instructions as improper.” (Internal quotation marks omitted.) State v. Denby, 235 Conn. 477, 484-85 , 668 A.2d 682 (1995). “[A]n accused has a fundamental right, protected by the due process clauses of the federal and Connecticut constitutions, to be acquitted unless proven guilty of each element of the charged offense beyond a reasonable doubt.” (Internal quotation marks omitted.) State v. Hinton, 227 Conn. 301, 308 , 630 A.2d 593 (1993).

2002As long as [the instructions] are correct in law, adapted to the issues and sufficient for the guidance of the jury ... we will not view the instructions as improper.” (Internal quotation marks omitted.) State v. Denby, 235 Conn. 477, 484-85 , 668 A.2d 682 (1995). “[A]n accused has a fundamental right, protected by the due process clauses of the federal and Connecticut constitutions, to be acquitted unless proven guilty of each element of the charged offense beyond a reasonable doubt.” (Internal quotation marks omitted.) State v. Hinton, 227 Conn. 301, 308 , 630 A.2d 593 (1993).

2002Furthermore, “[u]nder prong three of Golding , a challenged jury instruction constitutes a clear constitutional violation that clearly deprives a defendant of a fair trial if it is found reasonably possible that the jury was misled by the court’s instruction.” (Internal quotation marks omitted.) State v. Orta, 66 Conn. App. 783, 795 , 786 A.2d 504 (2001), cert. denied, 259 Conn. 907 , 789 A.2d 997 (2002).

2002State v. Orta, 66 Conn. App. 783, 795 , 786 A.2d 504 (2001), cert. denied, 259 Conn. 907 , 789 A.2d 997 (2002).” (Internal quotation marks omitted.) State v. Gonzalez, 69 Conn. App. 649, 657 , 796 A.2d 1225 , cert. denied, 260 Conn. 937 , 802 A.2d 91 (2002).

2002Furthermore, “[u]nder prong three of Golding , a challenged jury instruction constitutes a clear constitutional violation that clearly deprives a defendant of a fair trial if it is found reasonably possible that the jury was misled by the court’s instruction.” (Internal quotation marks omitted.) State v. Orta, 66 Conn. App. 783, 795 , 786 A.2d 504 (2001), cert. denied, 259 Conn. 907 , 789 A.2d 997 (2002).

2002State v. Orta, 66 Conn. App. 783, 795 , 786 A.2d 504 (2001), cert. denied, 259 Conn. 907 , 789 A.2d 997 (2002).” (Internal quotation marks omitted.) State v. Gonzalez, 69 Conn. App. 649, 657 , 796 A.2d 1225 , cert. denied, 260 Conn. 937 , 802 A.2d 91 (2002).

2002Furthermore, “[u]nder prong three of Golding , a challenged jury instruction constitutes a clear constitutional violation that clearly deprives a defendant of a fair trial if it is found reasonably possible that the jury was misled by the court’s instruction.” (Internal quotation marks omitted.) State v. Orta, 66 Conn. App. 783, 795 , 786 A.2d 504 (2001), cert. denied, 259 Conn. 907 , 789 A.2d 997 (2002).

2002Furthermore, “[u]nder prong three of Golding , a challenged jury instruction constitutes a clear constitutional violation that clearly deprives a defendant of a fair trial if it is found reasonably possible that the jury was misled by the court’s instruction.” (Internal quotation marks omitted.) State v. Orta, 66 Conn. App. 783, 795 , 786 A.2d 504 (2001), cert. denied, 259 Conn. 907 , 789 A.2d 997 (2002).