incomplete instruction in Connecticut

2024This principle, however, is inapposite to the present case because the trial court did instruct the jury on each element of burglary, just not with the degree of specificity that the defendant now argues was necessary. ‘‘An omission, or an incomplete instruction, is less likely to be prejudicial than a misstatement of the law.’’ (Internal quotation marks omitted.) State v. Kurvin, 186 Conn. 555, 563 , 442 A.2d 1327 (1982).

2024This principle, however, is inapposite to the present case because the trial court did instruct the jury on each element of burglary, just not with the degree of specificity that the defendant now argues was necessary. ‘‘An omission, or an incomplete instruction, is less likely to be prejudicial than a misstatement of the law.’’ (Internal quotation marks omitted.) State v. Kurvin, 186 Conn. 555, 563 , 442 A.2d 1327 (1982).

2014The only exceptional situation in which a differ- ent finding as to prejudice may be justified, on the theory of harmless error, is when the reviewing court, in examining the entire record, is ‘‘satisfied beyond a reasonable doubt that the omitted element was uncon- tested and supported by overwhelming evidence, such that the jury verdict would have been the same absent the [error . . . .]’’ (Emphasis in original; internal quota- tion marks omitted.) State v. Padua, 273 Conn. 138, 170 , 869 A.2d 192 (2005).

2014The only exceptional situation in which a differ- ent finding as to prejudice may be justified, on the theory of harmless error, is when the reviewing court, in examining the entire record, is ‘‘satisfied beyond a reasonable doubt that the omitted element was uncon- tested and supported by overwhelming evidence, such that the jury verdict would have been the same absent the [error . . . .]’’ (Emphasis in original; internal quota- tion marks omitted.) State v. Padua, 273 Conn. 138, 170 , 869 A.2d 192 (2005).

1991An omission, or an incomplete instruction, is less likely to be prejudicial than a misstatement of the law.” Henderson v. Kibbe, 431 U.S. 145, 155 , 97 S. Ct. 1730 , 52 L.

1991An omission, or an incomplete instruction, is less likely to be prejudicial than a misstatement of the law.” Henderson v. Kibbe, 431 U.S. 145, 155 , 97 S. Ct. 1730 , 52 L.

2024Moreover, ‘‘[a]n omission, or an incomplete instruction, is less likely to be prejudicial than a misstatement of the law.’’ (Internal quotation marks omitted.) Id., 451 .

2013The only exceptional situation in which a different finding as to prejudice may be justified, on the theory of harmless error, is when the reviewing court, in examining the entire record, is “satisfied beyond a reasonable doubt that the omitted element was uncontested and supported by overwhelming evidence, such that the jury verdict would have been the same absent the error.” (Emphasis in original; internal quotation marks omitted.) State v. Padua, 273 Conn. 138, 170 , 869 A.2d 192 (2005), quoting State v. Montgomery, 254 Conn. 694, 738 , 759 A.2d 995 (2000).

2013The only exceptional situation in which a different finding as to prejudice may be justified, on the theory of harmless error, is when the reviewing court, in examining the entire record, is “satisfied beyond a reasonable doubt that the omitted element was uncontested and supported by overwhelming evidence, such that the jury verdict would have been the same absent the error.” (Emphasis in original; internal quotation marks omitted.) State v. Padua, 273 Conn. 138, 170 , 869 A.2d 192 (2005), quoting State v. Montgomery, 254 Conn. 694, 738 , 759 A.2d 995 (2000).

2011The symmetry and harmony of the tiles in the original design were so disturbed by the modification that we must reverse the original judgment and order a new trial.” (Citations omitted.) Jaser v. Jaser, supra, 37 Conn. App. 205 ; see also Standish v. Standish, supra, 40 Conn. App. 302 .

2001In Ireland v. Ireland , 246 Conn. 413 , 430 , ___ A.2d ___ CT Page 14488 (1998), a case involving a custodial parent's attempt to relocate out of state with the children of her marriage to the non-custodial parent, the court held that, ". . . we believe that an attempt to determine what is best for the child without consideration of what is best for the family unit, with whom the child spends the most significant amount of his or her time, would be an incomplete inquiry." Timmy, like all children, needs his home to be a violence-free environment.

1995In fact, the plaintiff framed the issue in the present case as follows: The issue raised by the defendant, Town of Brookfield, in this case, requires that this Court review the decisions of the Supreme Court of Connecticut (interpreting CGS 52-557n ) in Sanzone v. Board of Police Commissioners of the City of Bridgeport, et al., 219 Conn. 179 (1991) and Cook v. Turner, 219 Conn. 641 (1991) to see if those cases were correctly decided or if, rather, they were based on an incomplete analysis of the exact words used by the legislature in the statute and the then existing law in Connecticut.

1995In fact, the plaintiff framed the issue in the present case as follows: The issue raised by the defendant, Town of Brookfield, in this case, requires that this Court review the decisions of the Supreme Court of Connecticut (interpreting CGS 52-557n ) in Sanzone v. Board of Police Commissioners of the City of Bridgeport, et al., 219 Conn. 179 (1991) and Cook v. Turner, 219 Conn. 641 (1991) to see if those cases were correctly decided or if, rather, they were based on an incomplete analysis of the exact words used by the legislature in the statute and the then existing law in Connecticut.

1995Bartley v. Bartley, 27 Conn. App. 195, 198 , 604 A.2d 1343 (1992).

1995Bartley v. Bartley, 27 Conn. App. 195, 198 , 604 A.2d 1343 (1992).