aggressor exception (Connecticut) · Go Syfert
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aggressor exception in Connecticut

10 Connecticut opinions name it 2 courts 1998–2025 1 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 (6)

CaseFollowedCited
State v. Jimenezgreen
conn · 1994 · cited in 2 Connecticut opinions naming this issue, 1998–2003
2 sentences

1998These are factual questions for you to decide.” In State v. Jimenez, 228 Conn. 335, 341 , 636 A.2d 782 (1994), our Supreme Court determined that the trial court improperly instructed the jury on the initial aggressor exception to the law of self-defense when it defined the initial aggressor as the first actor to use physical force.

1998These are factual questions for you to decide.” In State v. Jimenez, 228 Conn. 335, 341 , 636 A.2d 782 (1994), our Supreme Court determined that the trial court improperly instructed the jury on the initial aggressor exception to the law of self-defense when it defined the initial aggressor as the first actor to use physical force.

12
State v. Browngreen
conn · 2022 · cited in 1 Connecticut opinions naming this issue, 2025–2025
1 sentence

2025See, e.g., State v. Brown, 345 Conn. 354 , 378–79 and n.10, 285 A.3d 367 (2022) (declining to recharacterize insufficiency of evidence claim as instructional impropriety claim because evidence was sufficient to sup- port verdict on basis of charge given to jury).

11
State v. Diggsgreen
conn · 1991 · cited in 1 Connecticut opinions naming this issue, 2019–2019
2 sentences

2019See State v. Diggs , 219 Conn. 295 , 299, 592 A.2d 949 (1991) ("[A]n *717 instruction as to the effect of an aggressor withdrawing from an encounter and communicating the intent to withdraw is only necessary where the particular factual situation supports such an instruction....

2019See State v. Diggs , 219 Conn. 295 , 299, 592 A.2d 949 (1991) ("[A]n *717 instruction as to the effect of an aggressor withdrawing from an encounter and communicating the intent to withdraw is only necessary where the particular factual situation supports such an instruction....

11
State v. Prioleaugreen
conn · 1995 · cited in 1 Connecticut opinions naming this issue, 2019–2019
2 sentences

2019See, e.g., State v. Prioleau , 235 Conn. 274 , 277-78, 292-94, 664 A.2d 743 (1995) (initial aggressor instruction given where defendant and victim had heated argument in November, 1991, when defendant stated he would "get" the victim, who expressed fear and concern that situation had escalated out of control, and on December 1, 1991, defendant shot and killed victim).

2019See, e.g., State v. Prioleau , 235 Conn. 274 , 277-78, 292-94, 664 A.2d 743 (1995) (initial aggressor instruction given where defendant and victim had heated argument in November, 1991, when defendant stated he would "get" the victim, who expressed fear and concern that situation had escalated out of control, and on December 1, 1991, defendant shot and killed victim).

11
State v. Skellygreen
connappct · 2010 · cited in 1 Connecticut opinions naming this issue, 2019–2019
2 sentences

2019See State v. Skelly , supra, 124 Conn. App. at 168 -70 , 3 A.3d 1064 .

2019See State v. Skelly , supra, 124 Conn. App. at 168 -70 , 3 A.3d 1064 .

11
State v. Paynegreen
conn · 2012 · cited in 1 Connecticut opinions naming this issue, 2015–2015
2 sentences

2015See, e.g., State v. Payne, 303 Conn. 538 , 562–63, 34 A.3d 370 (2012) (explaining that, when improper remarks by prosecutor implicate defen- dant’s due process rights, defendant must prove that remarks were both improper and harmful, but that, upon showing by defendant that prosecu- tor’s improper remarks violate specifically enumerated constitutional right, such as defendant’s right to remain silent or to present defense, burden falls on state to establish harmlessness beyond reasonable doubt).

2015See, e.g., State v. Payne, 303 Conn. 538 , 562–63, 34 A.3d 370 (2012) (explaining that, when improper remarks by prosecutor implicate defen- dant’s due process rights, defendant must prove that remarks were both improper and harmful, but that, upon showing by defendant that prosecu- tor’s improper remarks violate specifically enumerated constitutional right, such as defendant’s right to remain silent or to present defense, burden falls on state to establish harmlessness beyond reasonable doubt).

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 (9)

CaseCitedYears
State v. Golding green
conn · 1989
2 sentences

2009He therefore seeks review under State v. Golding, 213 Conn. 233, 239-40 , 567 A.2d 823 (1989).

2009He therefore seeks review under State v. Golding, 213 Conn. 233, 239-40 , 567 A.2d 823 (1989).

21998–2009
State v. Beltran green
conn · 1998
2 sentences

2003The defendant relies on State v. Beltran, 246 Conn. 268, 276-77 , 717 A.2d 168 (1998), to support his proposition that the charge to the jury was improper because it was unsupported by the evidence and that the initial aggressor principle was not an issue in the case.

2003The defendant relies on State v. Beltran, 246 Conn. 268, 276-77 , 717 A.2d 168 (1998), to support his proposition that the charge to the jury was improper because it was unsupported by the evidence and that the initial aggressor principle was not an issue in the case.

22001–2003
State v. Turner green
connappct · 1994
2 sentences

2019Section 53a-19 (c) provides that "a person is not justified in using physical force when (1) with intent to cause physical injury or death to another person, he provokes the use of physical force by such other person ...." See also State v. Corchado , 188 Conn. 653 , 664, 453 A.2d 427 (1982) ; State v. Turner , 33 Conn. App. 616 , 618, 637 A.2d 3 (1994).

2019Section 53a-19 (c) provides that "a person is not justified in using physical force when (1) with intent to cause physical injury or death to another person, he provokes the use of physical force by such other person ...." See also State v. Corchado , 188 Conn. 653 , 664, 453 A.2d 427 (1982) ; State v. Turner , 33 Conn. App. 616 , 618, 637 A.2d 3 (1994).

12019–2019
State v. Corchado green
conn · 1982
2 sentences

2019Section 53a-19 (c) provides that "a person is not justified in using physical force when (1) with intent to cause physical injury or death to another person, he provokes the use of physical force by such other person ...." See also State v. Corchado , 188 Conn. 653 , 664, 453 A.2d 427 (1982) ; State v. Turner , 33 Conn. App. 616 , 618, 637 A.2d 3 (1994).

2019Section 53a-19 (c) provides that "a person is not justified in using physical force when (1) with intent to cause physical injury or death to another person, he provokes the use of physical force by such other person ...." See also State v. Corchado , 188 Conn. 653 , 664, 453 A.2d 427 (1982) ; State v. Turner , 33 Conn. App. 616 , 618, 637 A.2d 3 (1994).

12019–2019
State v. BB green
conn · 2011
2 sentences

2015Moreover, when I compare the text of § 53a-19 (c) (3), the combat by agreement exception to self-defense, with the text of § 53a-19 (c) (2), the initial aggressor exception to self-defense, the absence of any language in subdivision (3) indicating that a defendant may justify the use of physical force in a combat by agreement further compels the conclusion that subdivision (3) does not allow a defendant to rely on a claim of self- defense in a combat by agreement. ‘‘Under well estab- lished rules of statutory construction, [w]here a statute, with reference to one subject contains a given provi

2015Moreover, when I compare the text of § 53a-19 (c) (3), the combat by agreement exception to self-defense, with the text of § 53a-19 (c) (2), the initial aggressor exception to self-defense, the absence of any language in subdivision (3) indicating that a defendant may justify the use of physical force in a combat by agreement further compels the conclusion that subdivision (3) does not allow a defendant to rely on a claim of self- defense in a combat by agreement. ‘‘Under well estab- lished rules of statutory construction, [w]here a statute, with reference to one subject contains a given provi

12015–2015
State v. Ramirez green
conn · 2009
1 sentence

2010The court’s use of the word retreat did not invoke the legal doctrine of the duty to retreat but rather was used synonymously with the word withdraw.”), aff'd, 292 *29 Conn. 586, 973 A.2d 1251 (2009); 25 see also State v. Pauling, 102 Conn. App. 556, 583-84 , 925 A.2d 1200 (initial aggressor instruction using word “retreating” was proper explanation of § 53a-19 [c] [2]), cert. denied, 284 Conn. 924 , 933 A.2d 727 (2007).

12010–2010
State v. Pauling green
connappct · 2007
2 sentences

2010The court’s use of the word retreat did not invoke the legal doctrine of the duty to retreat but rather was used synonymously with the word withdraw.”), aff'd, 292 *29 Conn. 586, 973 A.2d 1251 (2009); 25 see also State v. Pauling, 102 Conn. App. 556, 583-84 , 925 A.2d 1200 (initial aggressor instruction using word “retreating” was proper explanation of § 53a-19 [c] [2]), cert. denied, 284 Conn. 924 , 933 A.2d 727 (2007).

2010The court’s use of the word retreat did not invoke the legal doctrine of the duty to retreat but rather was used synonymously with the word withdraw.”), aff'd, 292 *29 Conn. 586, 973 A.2d 1251 (2009); 25 see also State v. Pauling, 102 Conn. App. 556, 583-84 , 925 A.2d 1200 (initial aggressor instruction using word “retreating” was proper explanation of § 53a-19 [c] [2]), cert. denied, 284 Conn. 924 , 933 A.2d 727 (2007).

12010–2010
State v. Pauling green
conn · 2007
1 sentence

2010The court’s use of the word retreat did not invoke the legal doctrine of the duty to retreat but rather was used synonymously with the word withdraw.”), aff'd, 292 *29 Conn. 586, 973 A.2d 1251 (2009); 25 see also State v. Pauling, 102 Conn. App. 556, 583-84 , 925 A.2d 1200 (initial aggressor instruction using word “retreating” was proper explanation of § 53a-19 [c] [2]), cert. denied, 284 Conn. 924 , 933 A.2d 727 (2007).

12010–2010
In Re Ryan R. green
conn · 2007
1 sentence

2010The court’s use of the word retreat did not invoke the legal doctrine of the duty to retreat but rather was used synonymously with the word withdraw.”), aff'd, 292 *29 Conn. 586, 973 A.2d 1251 (2009); 25 see also State v. Pauling, 102 Conn. App. 556, 583-84 , 925 A.2d 1200 (initial aggressor instruction using word “retreating” was proper explanation of § 53a-19 [c] [2]), cert. denied, 284 Conn. 924 , 933 A.2d 727 (2007).

12010–2010

Statutes the citing opinions construe

CT § Conn. Gen. Stat. § 53a-19 (9) CT § Conn. Gen. Stat. § 53a-54a (7) CT § Conn. Gen. Stat. § 53a-59 (4) CT § Conn. Gen. Stat. § 53a-55 (3)

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

WA 60 (1974–2026) CO 34 (1991–2026) LA 33 (1957–2025) NC 23 (1995–2026) IL 14 (1986–2024) CT 10 (1998–2025) NY 8 (1979–2025) FL 7 (1991–2026) KY 6 (1958–2025) OR 6 (1944–2026) WY 5 (1983–2026) AZ 4 (1963–1990) CA 4 (1972–2024) MI 4 (1957–1986) TN 4 (1998–2015) TX 3 (2003–2026) MO 2 (2018–2019) AR 2 (1954–1976) WV 2 (1982–2020)

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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