11 Connecticut opinions name it 3 courts 1943–2023 3 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 |
|---|---|---|
Daniel Torres v. J. Berbary, Superintendentgreen2 sentences2006See Torres v. Berbary, 340 F.3d 63, 69 (2d Cir. 2003) (“[t]he determination to resentence for the breach of a condition of a sentence is . . . analogous to the determination to impose a sentence for violation of the terms of probation”). 2006See Torres v. Berbary, 340 F.3d 63, 69 (2d Cir.2003) ("[t]he determination to resentence for the breach of a condition of a sentence is ... analogous to the determination to impose a sentence for violation of the terms of probation"). | 1 | 1 |
State v. McElveengreen2 sentences2003See State v. McElveen, 261 Conn. 198, 216 , 802 A.2d 74 (2002). 2003See State v. McElveen, 261 Conn. 198, 216 , 802 A.2d 74 (2002). | 1 | 1 |
Ayala v. Smithgreen2 sentences2002See Ayala v. Smith, 236 Conn. 89, 93 , 671 A.2d 345 (1996) (“[m]ootness implicates [this] court’s subject matter jurisdiction and is thus a threshold matter for us to resolve”). 2002See Ayala v. Smith, 236 Conn. 89, 93 , 671 A.2d 345 (1996) (“[m]ootness implicates [this] court’s subject matter jurisdiction and is thus a threshold matter for us to resolve”). | 1 | 1 |
State v. Patrickgreen2 sentences1998See State v. Patrick, 42 Conn. App. 640, 645-47 , 681 A.2d 380 (1996). 1998See State v. Patrick, 42 Conn. App. 640, 645-47 , 681 A.2d 380 (1996). | 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. Parker
green
2 sentences2021In State v. Parker, 295 Conn. 825 , 992 A.2d 1103 (2010), this court made clear that, because our rules of practice cannot expand the trial court’s jurisdiction, and because Practice Book § 43-22 codifies common law, a trial court’s authority to entertain a motion to correct either ‘‘an illegal sentence’’ or ‘‘a sentence imposed in an illegal manner’’ derives from the court’s common-law authority to ‘‘substitute a valid sentence’’ for an ‘‘invalid sentence . . . .’’ Id., 835. 2021In State v. Parker, 295 Conn. 825 , 992 A.2d 1103 (2010), this court made clear that, because our rules of practice cannot expand the trial court’s jurisdiction, and because Practice Book § 43-22 codifies common law, a trial court’s authority to entertain a motion to correct either ‘‘an illegal sentence’’ or ‘‘a sentence imposed in an illegal manner’’ derives from the court’s common-law authority to ‘‘substitute a valid sentence’’ for an ‘‘invalid sentence . . . .’’ Id., 835. | 2 | 2021–2021 |
State v. Francis
neutral
1 sentence2023This principle emanates from the defendant’s constitutional right to due process.’’ (Citation omitted; footnote omitted; internal quotation marks omitted.) State v. Francis, 338 Conn. 671, 679 , 258 A.3d 1257 , cert. denied, U.S. , 142 S. Ct. 292 , 211 L. | 1 | 2023–2023 |
State v. Myers
neutral
1 sentence2023We have emphasized that, in order to invoke the jurisdiction of the trial court, a challenge to the legality of a sentence must challenge the sentencing proceeding itself.’’ (Citation omitted; internal quotation marks omitted.) State v. Myers, 343 Conn. 447 , 459–60, 274 A.3d 100 (2022). ‘‘A sentence is imposed in an illegal manner when it is imposed in a way [that] violates [a] defendant’s right . . . to be sentenced by a judge relying on accurate information or considerations solely in the record . . . . | 1 | 2023–2023 |
State v. Huey
green
1 sentence1994Id. 8 The court’s position in Huey is consistent with the decisions of other jurisdictions that have considered identical claims of error. | 1 | 1994–1994 |
State v. Stanley
green
2 sentences1993B The defendants’ claim that the trial court undermined the presumption of the innocence and diluted the burden of proof is based upon the following sentence in its instruction: “But you must keep in mind that those rules of law are made to protect the innocent and not the guilty.” This claim is disposed of by our recent decision in State v. Stanley, 223 Conn. 674, 695-96 , 613 A.2d 788 (1992), and the cases cited therein. 1993B The defendants’ claim that the trial court undermined the presumption of the innocence and diluted the burden of proof is based upon the following sentence in its instruction: “But you must keep in mind that those rules of law are made to protect the innocent and not the guilty.” This claim is disposed of by our recent decision in State v. Stanley, 223 Conn. 674, 695-96 , 613 A.2d 788 (1992), and the cases cited therein. | 1 | 1993–1993 |
Consiglio v. Warden
green
1 sentence1992Consiglio v. Warden, 153 Conn. 673 (1966). | 1 | 1992–1992 |
Commonwealth v. Mott
green
1 sentence1943State v. Chris tup, 337 Mo. 776, 780 , 85 S. W. (2d) 1024 , and see Commonwealth v. Mott, 38 Mass. 492, 498 . | 1 | 1943–1943 |
State v. Christup
neutral
2 sentences1943State v. Chris tup, 337 Mo. 776, 780 , 85 S. W. (2d) 1024 , and see Commonwealth v. Mott, 38 Mass. 492, 498 . 1943State v. Chris tup, 337 Mo. 776, 780 , 85 S. W. (2d) 1024 , and see Commonwealth v. Mott, 38 Mass. 492, 498 . | 1 | 1943–1943 |
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.