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11 Connecticut opinions name it 3 courts 1965–2022 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.
| Case | Followed | Cited |
|---|---|---|
State v. McClaingreen2 sentences2022See State v. McClain, 324 Conn. 802, 809 , 155 A.3d 209 (2017) (‘‘Connecticut courts have consistently held that when a party fails to raise in the trial court the constitutional claim presented on appeal and affirmatively acquiesces to the trial court’s order, that party waives any such claim [under Golding]’’ (internal quotation marks omitted)). 12 This restraint arises from the nature of the state’s pleadings and not, as the defendant suggests in his brief, from a separation of the act and situation prongs into entirely distinct crimes. 2022See State v. McClain, 324 Conn. 802, 809 , 155 A.3d 209 (2017) (‘‘Connecticut courts have consistently held that when a party fails to raise in the trial court the constitutional claim presented on appeal and affirmatively acquiesces to the trial court’s order, that party waives any such claim [under Golding]’’ (internal quotation marks omitted)). 12 This restraint arises from the nature of the state’s pleadings and not, as the defendant suggests in his brief, from a separation of the act and situation prongs into entirely distinct crimes. | 1 | 1 |
Mancusi v. Stubbsgreen1 sentence2021See Mancusi v. Stubbs, supra, 408 U.S. 204 ; see also Commonwealth v. Hunt, 38 Mass. App. 291, 295, 647 N.E.2d 433 (relying on Mancusi for proposition that ‘‘[w]hen a witness is outside of the borders of the United States and declines to honor a request to appear as a witness, the unavailability of that witness has been conceded because a [s]tate of the United States has no authority to compel a resident of a foreign country to attend a trial here’’), review denied, 420 Mass. 1103 , 651 N.E.2d 409 (1995). | 1 | 1 |
Commonwealth v. Huntgreen1 sentence2021See Mancusi v. Stubbs, supra, 408 U.S. 204 ; see also Commonwealth v. Hunt, 38 Mass. App. 291, 295, 647 N.E.2d 433 (relying on Mancusi for proposition that ‘‘[w]hen a witness is outside of the borders of the United States and declines to honor a request to appear as a witness, the unavailability of that witness has been conceded because a [s]tate of the United States has no authority to compel a resident of a foreign country to attend a trial here’’), review denied, 420 Mass. 1103 , 651 N.E.2d 409 (1995). | 1 | 1 |
State v. Joycegreen2 sentences2016See, e.g., State v. Joyce, 229 Conn. 10 , 16 n.6, 639 A.2d 1007 (1994) (‘‘we need not speculate whether the defendant’s expectation of privacy . . . would be reasonable under the fourth amendment, because the defendant invokes the state constitution as well as the federal constitution’’). 4 We note that the state makes no claim either that the Berlin police had a reasonable and articulable suspicion that the defendant’s condominium unit contained marijuana or that such a level of suspicion would suffice to render the canine sniff lawful without a warrant predicated on probable cause. 5 As the 2016See, e.g., State v. Joyce, 229 Conn. 10 , 16 n.6, 639 A.2d 1007 (1994) (‘‘we need not speculate whether the defendant’s expectation of privacy . . . would be reasonable under the fourth amendment, because the defendant invokes the state constitution as well as the federal constitution’’). 4 We note that the state makes no claim either that the Berlin police had a reasonable and articulable suspicion that the defendant’s condominium unit contained marijuana or that such a level of suspicion would suffice to render the canine sniff lawful without a warrant predicated on probable cause. 5 As the | 1 | 1 |
Jacob v. Dometic Origo ABgreen1 sentence2012See State v. Fabricatore, 281 Conn. 469 , 482 n.18, 916 A.2d 872 (2007). | 1 | 1 |
State v. Fabricatoregreen1 sentence2012See State v. Fabricatore, 281 Conn. 469 , 482 n.18, 916 A.2d 872 (2007). | 1 | 1 |
Chiarella v. United Statesgreen2 sentences2000See, e.g., Chiarella v. United States, 445 U.S. 222, 236 , 100 S. Ct. 1108 , 63 L. 2000See, e.g., Chiarella v. United States, 445 U.S. 222, 236 , 100 S. Ct. 1108 , 63 L. | 1 | 1 |
United States v. Arthur Sommergreen1 sentence1989Cf. State v. Kelly, supra, 384 ; State v. Palmer, supra, 58-59 ; see also United States v. Sommer, 815 F.2d 15, 16 (2d Cir. 1987) (state not culpable where notes of witness’ grand jury testimony lost by court reporter). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Connecticut. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Faretta v. California
green
2 sentences2022Faretta v. California, 422 U.S. 806, 818 , 95 S. Ct. 2525 , 45 L. Ed. 2d 562 (1975). 11 The state makes no claim that the defendant acquiesced to the trial court’s application of the situation prong. 2022Faretta v. California, 422 U.S. 806, 818 , 95 S. Ct. 2525 , 45 L. Ed. 2d 562 (1975). 11 The state makes no claim that the defendant acquiesced to the trial court’s application of the situation prong. | 1 | 2022–2022 |
Hines v. Commissioner of Correction
green
2 sentences2018Whether defense counsel is aware of the falsity of the statement is beside the point." [Citations omitted; internal quotation marks omitted.] ). 2 On the other hand, if the standard for disclosure, instead, is governed by Hines , the level of disclosure required is merely that the state makes defense counsel aware of the agreement. 31 See Hines v. Commissionerof Correction , supra, 164 Conn. App. at 726 , 138 A.3d 430 . 2018Whether defense counsel is aware of the falsity of the statement is beside the point." [Citations omitted; internal quotation marks omitted.] ). 2 On the other hand, if the standard for disclosure, instead, is governed by Hines , the level of disclosure required is merely that the state makes defense counsel aware of the agreement. 31 See Hines v. Commissionerof Correction , supra, 164 Conn. App. at 726 , 138 A.3d 430 . | 1 | 2018–2018 |
State v. Wright
green
2 sentences2014That court granted certification in State v. Wright, 144 Conn. App. 731 , 745–49, 73 A.3d 828 , cert. granted, 310 Conn. 945 , 80 A.3d 907 , 908 (2013), on the issue of whether this court properly applied Polanco to multiple punishments for the defendant’s three conspiracy convictions arising out of a single agreement. 2014That court granted certification in State v. Wright, 144 Conn. App. 731 , 745–49, 73 A.3d 828 , cert. granted, 310 Conn. 945 , 80 A.3d 907 , 908 (2013), on the issue of whether this court properly applied Polanco to multiple punishments for the defendant’s three conspiracy convictions arising out of a single agreement. | 1 | 2014–2014 |
Busker v. United Illuminating Co.
green
1 sentence1993Subsection (c) of section 54-36a does state that the order of return of property to an owner is contingent "upon proper claim therefor." Also, the word "owner" is defined by section CT Page 8646 36a(a)(3) to mean "a person entitled to seized property as a matter of law or fact." The court holds that the burden of establishing entitlement as an owner rests with the person claiming to be the owner, and the burden of proof is by a preponderance of the evidence, the usual rule for civil cases, Busker v. United Illuminating Co., 156 Conn. 456 (1968), p. 458. | 1 | 1993–1993 |
Payton v. New York
green
2 sentences1988“Although under the fourth amendment a warrantless entry into a suspect’s home in order to make a routine felony arrest is presumptively unreasonable; Payton v. New York, 445 U.S. 573, 586 , 100 S. Ct. 1371 , 63 L. 1988“Although under the fourth amendment a warrantless entry into a suspect’s home in order to make a routine felony arrest is presumptively unreasonable; Payton v. New York, 445 U.S. 573, 586 , 100 S. Ct. 1371 , 63 L. | 1 | 1988–1988 |
State v. Traub
yellow
2 sentences1965It should be noted that the state makes no claim that the defendant’s arrest could be justified as a valid arrest without warrant under our law as set forth in cases such as Martyn v. Donlin, 151 Conn. 402, 409 , 198 A.2d 700 ; State v. Traub, 150 Conn. 169, 173 , 187 A.2d 230 ; and State v. DelVecchio, 149 Conn. 567, 573 , 182 A.2d 402 . 1965It should be noted that the state makes no claim that the defendant’s arrest could be justified as a valid arrest without warrant under our law as set forth in cases such as Martyn v. Donlin, 151 Conn. 402, 409 , 198 A.2d 700 ; State v. Traub, 150 Conn. 169, 173 , 187 A.2d 230 ; and State v. DelVecchio, 149 Conn. 567, 573 , 182 A.2d 402 . | 1 | 1965–1965 |
State v. DelVecchio
green
2 sentences1965It should be noted that the state makes no claim that the defendant’s arrest could be justified as a valid arrest without warrant under our law as set forth in cases such as Martyn v. Donlin, 151 Conn. 402, 409 , 198 A.2d 700 ; State v. Traub, 150 Conn. 169, 173 , 187 A.2d 230 ; and State v. DelVecchio, 149 Conn. 567, 573 , 182 A.2d 402 . 1965It should be noted that the state makes no claim that the defendant’s arrest could be justified as a valid arrest without warrant under our law as set forth in cases such as Martyn v. Donlin, 151 Conn. 402, 409 , 198 A.2d 700 ; State v. Traub, 150 Conn. 169, 173 , 187 A.2d 230 ; and State v. DelVecchio, 149 Conn. 567, 573 , 182 A.2d 402 . | 1 | 1965–1965 |
Martyn v. Donlin
green
2 sentences1965It should be noted that the state makes no claim that the defendant’s arrest could be justified as a valid arrest without warrant under our law as set forth in cases such as Martyn v. Donlin, 151 Conn. 402, 409 , 198 A.2d 700 ; State v. Traub, 150 Conn. 169, 173 , 187 A.2d 230 ; and State v. DelVecchio, 149 Conn. 567, 573 , 182 A.2d 402 . 1965It should be noted that the state makes no claim that the defendant’s arrest could be justified as a valid arrest without warrant under our law as set forth in cases such as Martyn v. Donlin, 151 Conn. 402, 409 , 198 A.2d 700 ; State v. Traub, 150 Conn. 169, 173 , 187 A.2d 230 ; and State v. DelVecchio, 149 Conn. 567, 573 , 182 A.2d 402 . | 1 | 1965–1965 |
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.