claim of constitu- tional error (Connecticut) · Go Syfert
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claim of constitu- tional error in Connecticut

9 Connecticut opinions name it 2 courts 2014–2026 6 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 (4)

CaseFollowedCited
State v. Johnsongreen
conn · 2025 · cited in 1 Connecticut opinions naming this issue, 2026–2026
2 sentences

2026See, e.g., State v. Johnson, 351 Conn. 53, 62 , 328 A.3d 143 (2025) (“[t]he state bears the burden of disproving the defendant’s justification defenses beyond a reasonable doubt”).

2026See, e.g., State v. Johnson, 351 Conn. 53, 62 , 328 A.3d 143 (2025) (“[t]he state bears the burden of disproving the defendant’s justification defenses beyond a reasonable doubt”).

11
State v. Matheneygreen
conn · 2026 · cited in 1 Connecticut opinions naming this issue, 2026–2026
1 sentence

2026He seeks review pursuant to State v. Golding, 213 Conn. 233 , 239–40, 567 A.2d 823 (1989), as modified by In re Yasiel R., 317 Conn. 773 , 781, 120 A.3d 1188 (2015).1 In Connecticut, once a criminal defendant raises the justification defense of self-defense, the state must 1 Pursuant to Golding, “a defendant can prevail on a claim of constitu- tional error not preserved at trial only if all of the following conditions are met: (1) the record is adequate to review the alleged claim of error; (2) the claim is of constitutional magnitude alleging the violation of a fundamental right; (3) the alle

11
State v. Ledbettergreen
conn · 1997 · cited in 1 Connecticut opinions naming this issue, 2021–2021
2 sentences

2021In support of that argument, the state notes that appellate courts in this state have relied on waiver to resolve unpreserved double jeopardy claims arising in the context of a successive prosecution; see, e.g., State v. Ledbetter, 240 Conn. 317 , 325–26, 692 A.2d 713 (1997); State v. Belcher, 51 Conn. App. 117 , 122–23, 721 A.2d 899 (1998); but nonetheless have afforded Golding review to unpreserved double jeop- ardy claims arising in the course of a single trial without providing any analysis to explain this apparently disparate treatment of similar claims.

2021In support of that argument, the state notes that appellate courts in this state have relied on waiver to resolve unpreserved double jeopardy claims arising in the context of a successive prosecution; see, e.g., State v. Ledbetter, 240 Conn. 317 , 325–26, 692 A.2d 713 (1997); State v. Belcher, 51 Conn. App. 117 , 122–23, 721 A.2d 899 (1998); but nonetheless have afforded Golding review to unpreserved double jeop- ardy claims arising in the course of a single trial without providing any analysis to explain this apparently disparate treatment of similar claims.

11
State v. Dunstangreen
connappct · 2013 · cited in 1 Connecticut opinions naming this issue, 2014–2014
2 sentences

2014Because the record in this case is adequate for review and the defendant’s claim impli- cates his right to be sufficiently informed of the nature of the charges against him, pursuant to the federal and state constitutions; see State v. Dunstan, 145 Conn. App. 384 , 395 and n.8, 74 A.3d 559 , cert. denied, 310 Conn. 958 , 82 A.3d 626 (2013); we will proceed to review the merits of the defendant’s claim pursuant to Golding. ‘‘[E]nlargement cases involve claims that the trial court expanded the state’s information by instructing the jury on statutory or factual alternatives not charged in the inf

2014Because the record in this case is adequate for review and the defendant’s claim impli- cates his right to be sufficiently informed of the nature of the charges against him, pursuant to the federal and state constitutions; see State v. Dunstan, 145 Conn. App. 384 , 395 and n.8, 74 A.3d 559 , cert. denied, 310 Conn. 958 , 82 A.3d 626 (2013); we will proceed to review the merits of the defendant’s claim pursuant to Golding. ‘‘[E]nlargement cases involve claims that the trial court expanded the state’s information by instructing the jury on statutory or factual alternatives not charged in the inf

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 (11)

CaseCitedYears
State v. Golding green
conn · 1989
2 sentences

2026He seeks review pursuant to State v. Golding, 213 Conn. 233 , 239–40, 567 A.2d 823 (1989), as modified by In re Yasiel R., 317 Conn. 773 , 781, 120 A.3d 1188 (2015).1 In Connecticut, once a criminal defendant raises the justification defense of self-defense, the state must 1 Pursuant to Golding, “a defendant can prevail on a claim of constitu- tional error not preserved at trial only if all of the following conditions are met: (1) the record is adequate to review the alleged claim of error; (2) the claim is of constitutional magnitude alleging the violation of a fundamental right; (3) the alle

2026He seeks review pursuant to State v. Golding, 213 Conn. 233 , 239–40, 567 A.2d 823 (1989), as modified by In re Yasiel R., 317 Conn. 773 , 781, 120 A.3d 1188 (2015).1 In Connecticut, once a criminal defendant raises the justification defense of self-defense, the state must 1 Pursuant to Golding, “a defendant can prevail on a claim of constitu- tional error not preserved at trial only if all of the following conditions are met: (1) the record is adequate to review the alleged claim of error; (2) the claim is of constitutional magnitude alleging the violation of a fundamental right; (3) the alle

52014–2026
State v. Kitchens green
conn · 2011
2 sentences

2026“The first two steps in the Golding analysis address the reviewability of the claim, [whereas] the last two steps involve the merits of the claim.” (Internal quotation marks omitted.) State v. Carlos G., 354 Conn. 21, 26 , 349 A.3d 1 (2026). 4 The state does not argue that the defendant has implicitly waived any challenge to the trial court’s instructions pursuant to State v. Kitchens, 299 Conn. 447 , 482–83, 10 A.3d 942 (2011).

2026“The first two steps in the Golding analysis address the reviewability of the claim, [whereas] the last two steps involve the merits of the claim.” (Internal quotation marks omitted.) State v. Carlos G., 354 Conn. 21, 26 , 349 A.3d 1 (2026). 4 The state does not argue that the defendant has implicitly waived any challenge to the trial court’s instructions pursuant to State v. Kitchens, 299 Conn. 447 , 482–83, 10 A.3d 942 (2011).

12026–2026
State v. Carlos G. neutral
conn · 2026
1 sentence

2026“The first two steps in the Golding analysis address the reviewability of the claim, [whereas] the last two steps involve the merits of the claim.” (Internal quotation marks omitted.) State v. Carlos G., 354 Conn. 21, 26 , 349 A.3d 1 (2026). 4 The state does not argue that the defendant has implicitly waived any challenge to the trial court’s instructions pursuant to State v. Kitchens, 299 Conn. 447 , 482–83, 10 A.3d 942 (2011).

12026–2026
Francis v. Comm'r of Corr. green
conn · 2018
1 sentence

2025In the absence of any one of these conditions, the defendant’s claim will fail.’’ (Emphasis in original; internal quotation marks omitted.) State v. Hearl, 182 Conn. App. 237, 265 , 190 A.3d 42 , cert. denied, 330 Conn. 903 , 192 A.3d 425 (2018).

12025–2025
In re Zoey H. green
conn · 2018
1 sentence

2025In the absence of any one of these conditions, the defendant’s claim will fail.’’ (Emphasis in original; internal quotation marks omitted.) State v. Hearl, 182 Conn. App. 237, 265 , 190 A.3d 42 , cert. denied, 330 Conn. 903 , 192 A.3d 425 (2018).

12025–2025
State v. Hearl green
connappct · 2018
2 sentences

2025In the absence of any one of these conditions, the defendant’s claim will fail.’’ (Emphasis in original; internal quotation marks omitted.) State v. Hearl, 182 Conn. App. 237, 265 , 190 A.3d 42 , cert. denied, 330 Conn. 903 , 192 A.3d 425 (2018).

2025In the absence of any one of these conditions, the defendant’s claim will fail.’’ (Emphasis in original; internal quotation marks omitted.) State v. Hearl, 182 Conn. App. 237, 265 , 190 A.3d 42 , cert. denied, 330 Conn. 903 , 192 A.3d 425 (2018).

12025–2025
State v. Juan C. green
conn · 2017
1 sentence

2024Under Golding, as modified in In re Yasiel R., 317 Conn. 773 , 781, 120 A.3d 1188 (2015), ‘‘a defendant can prevail on a claim of constitu- tional error not preserved at trial only if all of the follow- ing conditions are met: (1) the record is adequate to review the alleged claim of error; (2) the claim is of constitutional magnitude alleging the violation of a fun- damental right; (3) the alleged constitutional violation . . . exists and . . . deprived the defendant of a fair trial; and (4) if subject to harmless error analysis, the state has failed to demonstrate harmlessness of the alleged

12024–2024
Robles v. Comm'r of Corr. green
conn · 2017
1 sentence

2024Under Golding, as modified in In re Yasiel R., 317 Conn. 773 , 781, 120 A.3d 1188 (2015), ‘‘a defendant can prevail on a claim of constitu- tional error not preserved at trial only if all of the follow- ing conditions are met: (1) the record is adequate to review the alleged claim of error; (2) the claim is of constitutional magnitude alleging the violation of a fun- damental right; (3) the alleged constitutional violation . . . exists and . . . deprived the defendant of a fair trial; and (4) if subject to harmless error analysis, the state has failed to demonstrate harmlessness of the alleged

12024–2024
State v. Mitchell neutral
connappct · 2017
2 sentences

2024Under Golding, as modified in In re Yasiel R., 317 Conn. 773 , 781, 120 A.3d 1188 (2015), ‘‘a defendant can prevail on a claim of constitu- tional error not preserved at trial only if all of the follow- ing conditions are met: (1) the record is adequate to review the alleged claim of error; (2) the claim is of constitutional magnitude alleging the violation of a fun- damental right; (3) the alleged constitutional violation . . . exists and . . . deprived the defendant of a fair trial; and (4) if subject to harmless error analysis, the state has failed to demonstrate harmlessness of the alleged

2024Under Golding, as modified in In re Yasiel R., 317 Conn. 773 , 781, 120 A.3d 1188 (2015), ‘‘a defendant can prevail on a claim of constitu- tional error not preserved at trial only if all of the follow- ing conditions are met: (1) the record is adequate to review the alleged claim of error; (2) the claim is of constitutional magnitude alleging the violation of a fun- damental right; (3) the alleged constitutional violation . . . exists and . . . deprived the defendant of a fair trial; and (4) if subject to harmless error analysis, the state has failed to demonstrate harmlessness of the alleged

12024–2024
State v. Belcher green
connappct · 1998
2 sentences

2021In support of that argument, the state notes that appellate courts in this state have relied on waiver to resolve unpreserved double jeopardy claims arising in the context of a successive prosecution; see, e.g., State v. Ledbetter, 240 Conn. 317 , 325–26, 692 A.2d 713 (1997); State v. Belcher, 51 Conn. App. 117 , 122–23, 721 A.2d 899 (1998); but nonetheless have afforded Golding review to unpreserved double jeop- ardy claims arising in the course of a single trial without providing any analysis to explain this apparently disparate treatment of similar claims.

2021In support of that argument, the state notes that appellate courts in this state have relied on waiver to resolve unpreserved double jeopardy claims arising in the context of a successive prosecution; see, e.g., State v. Ledbetter, 240 Conn. 317 , 325–26, 692 A.2d 713 (1997); State v. Belcher, 51 Conn. App. 117 , 122–23, 721 A.2d 899 (1998); but nonetheless have afforded Golding review to unpreserved double jeop- ardy claims arising in the course of a single trial without providing any analysis to explain this apparently disparate treatment of similar claims.

12021–2021
MOZELL v. Commissioner of Correction green
conn · 2010
2 sentences

2014We have made it clear that we will not permit parties to anticipate a favorable decision, reserving a right to impeach it or set it aside if it happens to be against them, for a cause which was well known to them before or during the trial.’’ [Internal quotation marks omitted.]), cert. denied, 297 Conn. 906 , 995 A.2d 634 (2010). 18 Pursuant to Golding: ‘‘[An appellant] can prevail on a claim of constitu- tional error not preserved at trial only if all of the following conditions are met: (1) the record is adequate to review the alleged claim of error; (2) the claim is of constitutional magnit

2014We have made it clear that we will not permit parties to anticipate a favorable decision, reserving a right to impeach it or set it aside if it happens to be against them, for a cause which was well known to them before or during the trial.’’ [Internal quotation marks omitted.]), cert. denied, 297 Conn. 906 , 995 A.2d 634 (2010). 18 Pursuant to Golding: ‘‘[An appellant] can prevail on a claim of constitu- tional error not preserved at trial only if all of the following conditions are met: (1) the record is adequate to review the alleged claim of error; (2) the claim is of constitutional magnit

12014–2014

Statutes the citing opinions construe

CT § Conn. Gen. Stat. § 29-35 (3) CT § Conn. Gen. Stat. § 51-199 (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.

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