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9 Connecticut opinions name it 2 courts 1995–2008 0 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. Denbygreen2 sentences2008Accordingly, we agree with the defendant that “the jury instruction is subject to Golding review because the defendant raises a constitutional claim involving a fundamental right, and the record is adequate for review.” State v. Denby, 235 Conn. 477, 483 , 668 A.2d 682 (1995). 2008Accordingly, we agree with the defendant that “the jury instruction is subject to Golding review because the defendant raises a constitutional claim involving a fundamental right, and the record is adequate for review.” State v. Denby, 235 Conn. 477, 483 , 668 A.2d 682 (1995). | 1 | 3 |
State v. Austingreen2 sentences2001We agree that the record is adequate for review and that the defendant raises a constitutional claim, thereby satisfying the first two requirements of Golding . “[A]n improper instruction on an element of an offense ... is of constitutional dimension.” (Internal quotation marks omitted.) State v. Austin, 244 Conn. 226, 235 , 710 A.2d 732 (1998). 2001We agree that the record is adequate for review and that the defendant raises a constitutional claim, thereby satisfying the first two requirements of Golding . “[A]n improper instruction on an element of an offense ... is of constitutional dimension.” (Internal quotation marks omitted.) State v. Austin, 244 Conn. 226, 235 , 710 A.2d 732 (1998). | 1 | 3 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Connecticut. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Cote
green
2 sentences2008“If an improper jury instruction is of constitutional magnitude, the burden is on the state to prove harmlessness beyond a reasonable doubt. ... [A] jury instruction that improperly omits an essential element *471 from the charge constitutes harmless error if a reviewing court concludes 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 . . . .” (Internal quotation marks omitted.) State v. Cote, 286 Conn. 603, 626 , 945 A.2d 412 (2008). 2008“If an improper jury instruction is of constitutional magnitude, the burden is on the state to prove harmlessness beyond a reasonable doubt. ... [A] jury instruction that improperly omits an essential element *471 from the charge constitutes harmless error if a reviewing court concludes 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 . . . .” (Internal quotation marks omitted.) State v. Cote, 286 Conn. 603, 626 , 945 A.2d 412 (2008). | 1 | 2008–2008 |
State v. Golding
green
2 sentences2005The defendant contends, however, that the claim is reviewable under State v. Golding, 213 Conn. 233, 239-40 , 567 A.2d 823 (1989). 6 We agree that the record is adequate for review and that the defendant raises a constitutional claim. 2005The defendant contends, however, that the claim is reviewable under State v. Golding, 213 Conn. 233, 239-40 , 567 A.2d 823 (1989). 6 We agree that the record is adequate for review and that the defendant raises a constitutional claim. | 1 | 2005–2005 |
State v. Fletcher
green
2 sentences2001“It is the duty of the court, in charging the jury in a criminal case, to give to them such instructions as may be required to enable them to understand the nature of the offense charged and the questions which they are to decide, to weigh the evidence applicable to such questions, and to intelligently decide them.” (Internal quotation marks omitted.) State v. Fletcher, 10 Conn. App. 697, 698-99 , 525 A.2d 535 (1987), aff'd, 207 Conn. 191 , 540 A.2d 370 (1988). “[W]hen it appears, upon an inquiry by the jury, that they have failed to understand a principle of law stated in the charge, it is th 2001“It is the duty of the court, in charging the jury in a criminal case, to give to them such instructions as may be required to enable them to understand the nature of the offense charged and the questions which they are to decide, to weigh the evidence applicable to such questions, and to intelligently decide them.” (Internal quotation marks omitted.) State v. Fletcher, 10 Conn. App. 697, 698-99 , 525 A.2d 535 (1987), aff'd, 207 Conn. 191 , 540 A.2d 370 (1988). “[W]hen it appears, upon an inquiry by the jury, that they have failed to understand a principle of law stated in the charge, it is th | 1 | 2001–2001 |
State v. Fletcher
green
2 sentences2001“It is the duty of the court, in charging the jury in a criminal case, to give to them such instructions as may be required to enable them to understand the nature of the offense charged and the questions which they are to decide, to weigh the evidence applicable to such questions, and to intelligently decide them.” (Internal quotation marks omitted.) State v. Fletcher, 10 Conn. App. 697, 698-99 , 525 A.2d 535 (1987), aff'd, 207 Conn. 191 , 540 A.2d 370 (1988). “[W]hen it appears, upon an inquiry by the jury, that they have failed to understand a principle of law stated in the charge, it is th 2001“It is the duty of the court, in charging the jury in a criminal case, to give to them such instructions as may be required to enable them to understand the nature of the offense charged and the questions which they are to decide, to weigh the evidence applicable to such questions, and to intelligently decide them.” (Internal quotation marks omitted.) State v. Fletcher, 10 Conn. App. 697, 698-99 , 525 A.2d 535 (1987), aff'd, 207 Conn. 191 , 540 A.2d 370 (1988). “[W]hen it appears, upon an inquiry by the jury, that they have failed to understand a principle of law stated in the charge, it is th | 1 | 2001–2001 |
State v. Lemoine
green
2 sentences1997State v. Lemoine, 39 Conn. App. 657 , 666 A.2d 825 (1995). 1997State v. Lemoine, 39 Conn. App. 657 , 666 A.2d 825 (1995). | 1 | 1997–1997 |
State v. Williamson
green
2 sentences1995“It is . . . constitutionally axiomatic that the jury be instructed on the essential elements of a crime charged.” State v. Williamson, 206 Conn. 685, 708 , 539 A.2d 561 (1988). 1995“It is . . . constitutionally axiomatic that the jury be instructed on the essential elements of a crime charged.” State v. Williamson, 206 Conn. 685, 708 , 539 A.2d 561 (1988). | 1 | 1995–1995 |
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.