Neder standard in Connecticut

8 Connecticut opinions name it 2 courts 2018–2021 3 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)

Case	Followed	Cited
State v. Velascogreen conn · 2000 · cited in 1 Connecticut opinions naming this issue, 2021–2021 2 sentences 2021See, e.g., State v. Vel- asco, 253 Conn. 210, 232 , 751 A.2d 800 (2000). 2021See, e.g., State v. Vel- asco, 253 Conn. 210, 232 , 751 A.2d 800 (2000).	1	1
In re Martinezgreen cal · 2017 · cited in 1 Connecticut opinions naming this issue, 2021–2021 2 sentences 2021See, e.g., In re Martinez, 3 Cal. 5th 1216, 1225 , 407 P.3d 1 , 226 Cal. Rptr. 3d 315 (2017); Guam v. Ojeda, Docket No. CRA10- 011, 2011 WL 6937376 , 13 (Guam December 23, 2011); Hill v. State, 615 N.W.2d 135 , 140–41 (N.D. 2000). 2021See, e.g., In re Martinez, 3 Cal. 5th 1216, 1225 , 407 P.3d 1 , 226 Cal. Rptr. 3d 315 (2017); Guam v. Ojeda, Docket No. CRA10- 011, 2011 WL 6937376 , 13 (Guam December 23, 2011); Hill v. State, 615 N.W.2d 135 , 140–41 (N.D. 2000).	1	1
Bell v. Commissioner of Correctiongreen conn · 2021 · cited in 1 Connecticut opinions naming this issue, 2021–2021 2 sentences 2021See Bell v. Commissioner of Correction, 184 Conn. App. 150 , 158 n.6, 172, 194 A.3d 809 (2018), aff’d, 339 Conn. 79 , A.3d (2021). 2021See Bell v. Commissioner of Correction, 184 Conn. App. 150 , 158 n.6, 172, 194 A.3d 809 (2018), aff’d, 339 Conn. 79 , A.3d (2021).	1	1
Bell v. Commissioner of Correctiongreen connappct · 2018 · cited in 1 Connecticut opinions naming this issue, 2021–2021 2 sentences 2021See Bell v. Commissioner of Correction, 184 Conn. App. 150 , 158 n.6, 172, 194 A.3d 809 (2018), aff’d, 339 Conn. 79 , A.3d (2021). 2021See Bell v. Commissioner of Correction, 184 Conn. App. 150 , 158 n.6, 172, 194 A.3d 809 (2018), aff’d, 339 Conn. 79 , A.3d (2021).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Connecticut. Read the followed side critically anyway.

Also cited on this issue (20)

Case	Cited	Years
Neder v. United States green scotus · 1999 2 sentences 2018Insofar as the respondent also asked this court to consider whether the petitioner was entitled to prevail under the less stringent Neder standard, the respondent has not effectively briefed that question by disregarding the requirements of that standard, under which a reviewing court must be 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 added.) Neder v. United States , 527 U.S. 1 , 17, 119 S.Ct. 1827 , 144 L.Ed. 2d 35 (1999) ; accord Stat 2018Insofar as the respondent also asked this court to consider whether the petitioner was entitled to prevail under the less stringent Neder standard, the respondent has not effectively briefed that question by disregarding the requirements of that standard, under which a reviewing court must be 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 added.) Neder v. United States , 527 U.S. 1 , 17, 119 S.Ct. 1827 , 144 L.Ed. 2d 35 (1999) ; accord Stat	3	2018–2018
State v. Geisler green conn · 1992 2 sentences 2020For this reason, we do not reach the defendant’s claim that the Connecticut constitution does not permit harmless error review of element instructional errors or the issue of ‘‘whether [this court should] adopt the controversial Neder rule as a state constitutional matter’’ under State v. Geisler, 222 Conn. 672 , 684–85, 610 A.2d 1225 (1992). 20 ‘‘[Hedgpeth] requires a reviewing court to determine whether the rele- vant error ‘had substantial and injurious effect or influence in determining the jury’s verdict.’ However, the circuits are divided in their interpretation of this standard. 2020For this reason, we do not reach the defendant’s claim that the Connecticut constitution does not permit harmless error review of element instructional errors or the issue of ‘‘whether [this court should] adopt the controversial Neder rule as a state constitutional matter’’ under State v. Geisler, 222 Conn. 672 , 684–85, 610 A.2d 1225 (1992). 20 ‘‘[Hedgpeth] requires a reviewing court to determine whether the rele- vant error ‘had substantial and injurious effect or influence in determining the jury’s verdict.’ However, the circuits are divided in their interpretation of this standard.	2	2020–2020
Pereira v. Commissioner of Correction green connappct · 2017 2 sentences 2021See Palmer v. Commissioner of Correction, 202 Conn. App. 902 , 242 A.3d 1084 (2021) (per curiam affirmance of judgment of habeas court, which applied Neder harmless error standard to Salamon claim); John B. v. Commissioner of Correction, 194 Conn. App. 767, 774 , 222 A.3d 984 (2019) (applying Neder harmless error standard to Sala- mon claim raised in habeas appeal, citing to Hinds as support), cert. denied, 334 Conn. 919 , 222 A.3d 513 (2020); Britton v. Commissioner of Correction, 185 Conn. App. 388, 400 , 197 A.3d 895 (2018) (same), peti- tion for cert. filed (Conn. November 26, 2018) (No. 1 2021See Palmer v. Commissioner of Correction, 202 Conn. App. 902 , 242 A.3d 1084 (2021) (per curiam affirmance of judgment of habeas court, which applied Neder harmless error standard to Salamon claim); John B. v. Commissioner of Correction, 194 Conn. App. 767, 774 , 222 A.3d 984 (2019) (applying Neder harmless error standard to Sala- mon claim raised in habeas appeal, citing to Hinds as support), cert. denied, 334 Conn. 919 , 222 A.3d 513 (2020); Britton v. Commissioner of Correction, 185 Conn. App. 388, 400 , 197 A.3d 895 (2018) (same), peti- tion for cert. filed (Conn. November 26, 2018) (No. 1	1	2021–2021
Sherman v. Comm'r of Corr. green conn · 2016 2 sentences 2021See Palmer v. Commissioner of Correction, 202 Conn. App. 902 , 242 A.3d 1084 (2021) (per curiam affirmance of judgment of habeas court, which applied Neder harmless error standard to Salamon claim); John B. v. Commissioner of Correction, 194 Conn. App. 767, 774 , 222 A.3d 984 (2019) (applying Neder harmless error standard to Sala- mon claim raised in habeas appeal, citing to Hinds as support), cert. denied, 334 Conn. 919 , 222 A.3d 513 (2020); Britton v. Commissioner of Correction, 185 Conn. App. 388, 400 , 197 A.3d 895 (2018) (same), peti- tion for cert. filed (Conn. November 26, 2018) (No. 1 2021See Palmer v. Commissioner of Correction, 202 Conn. App. 902 , 242 A.3d 1084 (2021) (per curiam affirmance of judgment of habeas court, which applied Neder harmless error standard to Salamon claim); John B. v. Commissioner of Correction, 194 Conn. App. 767, 774 , 222 A.3d 984 (2019) (applying Neder harmless error standard to Sala- mon claim raised in habeas appeal, citing to Hinds as support), cert. denied, 334 Conn. 919 , 222 A.3d 513 (2020); Britton v. Commissioner of Correction, 185 Conn. App. 388, 400 , 197 A.3d 895 (2018) (same), peti- tion for cert. filed (Conn. November 26, 2018) (No. 1	1	2021–2021
Saunders v. Comm'r of Corr. green conn · 2016 2 sentences 2021See Palmer v. Commissioner of Correction, 202 Conn. App. 902 , 242 A.3d 1084 (2021) (per curiam affirmance of judgment of habeas court, which applied Neder harmless error standard to Salamon claim); John B. v. Commissioner of Correction, 194 Conn. App. 767, 774 , 222 A.3d 984 (2019) (applying Neder harmless error standard to Sala- mon claim raised in habeas appeal, citing to Hinds as support), cert. denied, 334 Conn. 919 , 222 A.3d 513 (2020); Britton v. Commissioner of Correction, 185 Conn. App. 388, 400 , 197 A.3d 895 (2018) (same), peti- tion for cert. filed (Conn. November 26, 2018) (No. 1 2021See Palmer v. Commissioner of Correction, 202 Conn. App. 902 , 242 A.3d 1084 (2021) (per curiam affirmance of judgment of habeas court, which applied Neder harmless error standard to Salamon claim); John B. v. Commissioner of Correction, 194 Conn. App. 767, 774 , 222 A.3d 984 (2019) (applying Neder harmless error standard to Sala- mon claim raised in habeas appeal, citing to Hinds as support), cert. denied, 334 Conn. 919 , 222 A.3d 513 (2020); Britton v. Commissioner of Correction, 185 Conn. App. 388, 400 , 197 A.3d 895 (2018) (same), peti- tion for cert. filed (Conn. November 26, 2018) (No. 1	1	2021–2021
In re Angeles green conn · 2016 2 sentences 2021See Palmer v. Commissioner of Correction, 202 Conn. App. 902 , 242 A.3d 1084 (2021) (per curiam affirmance of judgment of habeas court, which applied Neder harmless error standard to Salamon claim); John B. v. Commissioner of Correction, 194 Conn. App. 767, 774 , 222 A.3d 984 (2019) (applying Neder harmless error standard to Sala- mon claim raised in habeas appeal, citing to Hinds as support), cert. denied, 334 Conn. 919 , 222 A.3d 513 (2020); Britton v. Commissioner of Correction, 185 Conn. App. 388, 400 , 197 A.3d 895 (2018) (same), peti- tion for cert. filed (Conn. November 26, 2018) (No. 1 2021See Palmer v. Commissioner of Correction, 202 Conn. App. 902 , 242 A.3d 1084 (2021) (per curiam affirmance of judgment of habeas court, which applied Neder harmless error standard to Salamon claim); John B. v. Commissioner of Correction, 194 Conn. App. 767, 774 , 222 A.3d 984 (2019) (applying Neder harmless error standard to Sala- mon claim raised in habeas appeal, citing to Hinds as support), cert. denied, 334 Conn. 919 , 222 A.3d 513 (2020); Britton v. Commissioner of Correction, 185 Conn. App. 388, 400 , 197 A.3d 895 (2018) (same), peti- tion for cert. filed (Conn. November 26, 2018) (No. 1	1	2021–2021
Pereira v. Comm'r of Corr. green conn · 2017 2 sentences 2021See Palmer v. Commissioner of Correction, 202 Conn. App. 902 , 242 A.3d 1084 (2021) (per curiam affirmance of judgment of habeas court, which applied Neder harmless error standard to Salamon claim); John B. v. Commissioner of Correction, 194 Conn. App. 767, 774 , 222 A.3d 984 (2019) (applying Neder harmless error standard to Sala- mon claim raised in habeas appeal, citing to Hinds as support), cert. denied, 334 Conn. 919 , 222 A.3d 513 (2020); Britton v. Commissioner of Correction, 185 Conn. App. 388, 400 , 197 A.3d 895 (2018) (same), peti- tion for cert. filed (Conn. November 26, 2018) (No. 1 2021See Palmer v. Commissioner of Correction, 202 Conn. App. 902 , 242 A.3d 1084 (2021) (per curiam affirmance of judgment of habeas court, which applied Neder harmless error standard to Salamon claim); John B. v. Commissioner of Correction, 194 Conn. App. 767, 774 , 222 A.3d 984 (2019) (applying Neder harmless error standard to Sala- mon claim raised in habeas appeal, citing to Hinds as support), cert. denied, 334 Conn. 919 , 222 A.3d 513 (2020); Britton v. Commissioner of Correction, 185 Conn. App. 388, 400 , 197 A.3d 895 (2018) (same), peti- tion for cert. filed (Conn. November 26, 2018) (No. 1	1	2021–2021
Hill v. State green nd · 2000 2 sentences 2021See, e.g., In re Martinez, 3 Cal. 5th 1216, 1225 , 407 P.3d 1 , 226 Cal. Rptr. 3d 315 (2017); Guam v. Ojeda, Docket No. CRA10- 011, 2011 WL 6937376 , 13 (Guam December 23, 2011); Hill v. State, 615 N.W.2d 135 , 140–41 (N.D. 2000). 2021See, e.g., In re Martinez, 3 Cal. 5th 1216, 1225 , 407 P.3d 1 , 226 Cal. Rptr. 3d 315 (2017); Guam v. Ojeda, Docket No. CRA10- 011, 2011 WL 6937376 , 13 (Guam December 23, 2011); Hill v. State, 615 N.W.2d 135 , 140–41 (N.D. 2000).	1	2021–2021
Brecht v. Abrahamson green scotus · 1993 2 sentences 2021The standard articulated in Brecht v. Abrahamson ( 507 U.S. 619 ), which requires a new trial only if the instructional error had a substantial and injurious effect or influence in determining the jury’s verdict, applies to Salamon claims raised in habeas proceedings: contrary to the petition- er’s assertion that stare decisis required the application of the Neder standard, this court had not previously resolved the question of which standard applied to Salamon errors on collateral review; moreover, the Brecht standard provided the proper harmless error standard for Salamon errors in habeas ac 2021The standard articulated in Brecht v. Abrahamson ( 507 U.S. 619 ), which requires a new trial only if the instructional error had a substantial and injurious effect or influence in determining the jury’s verdict, applies to Salamon claims raised in habeas proceedings: contrary to the petition- er’s assertion that stare decisis required the application of the Neder standard, this court had not previously resolved the question of which standard applied to Salamon errors on collateral review; moreover, the Brecht standard provided the proper harmless error standard for Salamon errors in habeas ac	1	2021–2021
Bell v. Commissioner of Correction green connappct · 2018 2 sentences 2021Banks v. Commis- sioner of Correction, 184 Conn. App. 101 , 132–33, 194 A.3d 780 (2018) (Keller, J., dissenting). 2021Banks v. Commis- sioner of Correction, 184 Conn. App. 101 , 132–33, 194 A.3d 780 (2018) (Keller, J., dissenting).	1	2021–2021
Britton v. Commissioner of Correction neutral connappct · 2018 2 sentences 2021See Palmer v. Commissioner of Correction, 202 Conn. App. 902 , 242 A.3d 1084 (2021) (per curiam affirmance of judgment of habeas court, which applied Neder harmless error standard to Salamon claim); John B. v. Commissioner of Correction, 194 Conn. App. 767, 774 , 222 A.3d 984 (2019) (applying Neder harmless error standard to Sala- mon claim raised in habeas appeal, citing to Hinds as support), cert. denied, 334 Conn. 919 , 222 A.3d 513 (2020); Britton v. Commissioner of Correction, 185 Conn. App. 388, 400 , 197 A.3d 895 (2018) (same), peti- tion for cert. filed (Conn. November 26, 2018) (No. 1 2021See Palmer v. Commissioner of Correction, 202 Conn. App. 902 , 242 A.3d 1084 (2021) (per curiam affirmance of judgment of habeas court, which applied Neder harmless error standard to Salamon claim); John B. v. Commissioner of Correction, 194 Conn. App. 767, 774 , 222 A.3d 984 (2019) (applying Neder harmless error standard to Sala- mon claim raised in habeas appeal, citing to Hinds as support), cert. denied, 334 Conn. 919 , 222 A.3d 513 (2020); Britton v. Commissioner of Correction, 185 Conn. App. 388, 400 , 197 A.3d 895 (2018) (same), peti- tion for cert. filed (Conn. November 26, 2018) (No. 1	1	2021–2021
Epps v. Comm'r of Corr. green conn · 2018 2 sentences 2021In fact, even as late as 2014, in Epps v. Commissioner of Correction, 153 Conn. App. 729 , 738, 740, 104 A.3d 760 (2014), appeal dismissed, 327 Conn. 482 , 175 A.3d 558 (2018), the respondent was arguing in habeas cases involving the failure to give a Salamon instruction that the Neder standard for harmless error applied, a stan- dard he did not prevail on in the Appellate Court in Epps. 2021In fact, even as late as 2014, in Epps v. Commissioner of Correction, 153 Conn. App. 729 , 738, 740, 104 A.3d 760 (2014), appeal dismissed, 327 Conn. 482 , 175 A.3d 558 (2018), the respondent was arguing in habeas cases involving the failure to give a Salamon instruction that the Neder standard for harmless error applied, a stan- dard he did not prevail on in the Appellate Court in Epps.	1	2021–2021
Nogueira v. Commissioner of Correction green connappct · 2016 2 sentences 2021See Palmer v. Commissioner of Correction, 202 Conn. App. 902 , 242 A.3d 1084 (2021) (per curiam affirmance of judgment of habeas court, which applied Neder harmless error standard to Salamon claim); John B. v. Commissioner of Correction, 194 Conn. App. 767, 774 , 222 A.3d 984 (2019) (applying Neder harmless error standard to Sala- mon claim raised in habeas appeal, citing to Hinds as support), cert. denied, 334 Conn. 919 , 222 A.3d 513 (2020); Britton v. Commissioner of Correction, 185 Conn. App. 388, 400 , 197 A.3d 895 (2018) (same), peti- tion for cert. filed (Conn. November 26, 2018) (No. 1 2021See Palmer v. Commissioner of Correction, 202 Conn. App. 902 , 242 A.3d 1084 (2021) (per curiam affirmance of judgment of habeas court, which applied Neder harmless error standard to Salamon claim); John B. v. Commissioner of Correction, 194 Conn. App. 767, 774 , 222 A.3d 984 (2019) (applying Neder harmless error standard to Sala- mon claim raised in habeas appeal, citing to Hinds as support), cert. denied, 334 Conn. 919 , 222 A.3d 513 (2020); Britton v. Commissioner of Correction, 185 Conn. App. 388, 400 , 197 A.3d 895 (2018) (same), peti- tion for cert. filed (Conn. November 26, 2018) (No. 1	1	2021–2021
Farmer v. Commissioner of Correction green connappct · 2016 2 sentences 2021See Palmer v. Commissioner of Correction, 202 Conn. App. 902 , 242 A.3d 1084 (2021) (per curiam affirmance of judgment of habeas court, which applied Neder harmless error standard to Salamon claim); John B. v. Commissioner of Correction, 194 Conn. App. 767, 774 , 222 A.3d 984 (2019) (applying Neder harmless error standard to Sala- mon claim raised in habeas appeal, citing to Hinds as support), cert. denied, 334 Conn. 919 , 222 A.3d 513 (2020); Britton v. Commissioner of Correction, 185 Conn. App. 388, 400 , 197 A.3d 895 (2018) (same), peti- tion for cert. filed (Conn. November 26, 2018) (No. 1 2021See Palmer v. Commissioner of Correction, 202 Conn. App. 902 , 242 A.3d 1084 (2021) (per curiam affirmance of judgment of habeas court, which applied Neder harmless error standard to Salamon claim); John B. v. Commissioner of Correction, 194 Conn. App. 767, 774 , 222 A.3d 984 (2019) (applying Neder harmless error standard to Sala- mon claim raised in habeas appeal, citing to Hinds as support), cert. denied, 334 Conn. 919 , 222 A.3d 513 (2020); Britton v. Commissioner of Correction, 185 Conn. App. 388, 400 , 197 A.3d 895 (2018) (same), peti- tion for cert. filed (Conn. November 26, 2018) (No. 1	1	2021–2021
White v. Commissioner of Correction green connappct · 2017 2 sentences 2021See Palmer v. Commissioner of Correction, 202 Conn. App. 902 , 242 A.3d 1084 (2021) (per curiam affirmance of judgment of habeas court, which applied Neder harmless error standard to Salamon claim); John B. v. Commissioner of Correction, 194 Conn. App. 767, 774 , 222 A.3d 984 (2019) (applying Neder harmless error standard to Sala- mon claim raised in habeas appeal, citing to Hinds as support), cert. denied, 334 Conn. 919 , 222 A.3d 513 (2020); Britton v. Commissioner of Correction, 185 Conn. App. 388, 400 , 197 A.3d 895 (2018) (same), peti- tion for cert. filed (Conn. November 26, 2018) (No. 1 2021See Palmer v. Commissioner of Correction, 202 Conn. App. 902 , 242 A.3d 1084 (2021) (per curiam affirmance of judgment of habeas court, which applied Neder harmless error standard to Salamon claim); John B. v. Commissioner of Correction, 194 Conn. App. 767, 774 , 222 A.3d 984 (2019) (applying Neder harmless error standard to Sala- mon claim raised in habeas appeal, citing to Hinds as support), cert. denied, 334 Conn. 919 , 222 A.3d 513 (2020); Britton v. Commissioner of Correction, 185 Conn. App. 388, 400 , 197 A.3d 895 (2018) (same), peti- tion for cert. filed (Conn. November 26, 2018) (No. 1	1	2021–2021
John B. v. Commissioner of Correction green connappct · 2019 2 sentences 2021See Palmer v. Commissioner of Correction, 202 Conn. App. 902 , 242 A.3d 1084 (2021) (per curiam affirmance of judgment of habeas court, which applied Neder harmless error standard to Salamon claim); John B. v. Commissioner of Correction, 194 Conn. App. 767, 774 , 222 A.3d 984 (2019) (applying Neder harmless error standard to Sala- mon claim raised in habeas appeal, citing to Hinds as support), cert. denied, 334 Conn. 919 , 222 A.3d 513 (2020); Britton v. Commissioner of Correction, 185 Conn. App. 388, 400 , 197 A.3d 895 (2018) (same), peti- tion for cert. filed (Conn. November 26, 2018) (No. 1 2021See Palmer v. Commissioner of Correction, 202 Conn. App. 902 , 242 A.3d 1084 (2021) (per curiam affirmance of judgment of habeas court, which applied Neder harmless error standard to Salamon claim); John B. v. Commissioner of Correction, 194 Conn. App. 767, 774 , 222 A.3d 984 (2019) (applying Neder harmless error standard to Sala- mon claim raised in habeas appeal, citing to Hinds as support), cert. denied, 334 Conn. 919 , 222 A.3d 513 (2020); Britton v. Commissioner of Correction, 185 Conn. App. 388, 400 , 197 A.3d 895 (2018) (same), peti- tion for cert. filed (Conn. November 26, 2018) (No. 1	1	2021–2021
State v. Montgomery green conn · 2000 2 sentences 2018Insofar as the respondent also asked this court to consider whether the petitioner was entitled to prevail under the less stringent Neder standard, the respondent has not effectively briefed that question by disregarding the requirements of that standard, under which a reviewing court must be 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 added.) Neder v. United States , 527 U.S. 1 , 17, 119 S.Ct. 1827 , 144 L.Ed. 2d 35 (1999) ; accord Stat 2018Insofar as the respondent also asked this court to consider whether the petitioner was entitled to prevail under the less stringent Neder standard, the respondent has not effectively briefed that question by disregarding the requirements of that standard, under which a reviewing court must be 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 added.) Neder v. United States , 527 U.S. 1 , 17, 119 S.Ct. 1827 , 144 L.Ed. 2d 35 (1999) ; accord Stat	1	2018–2018
Epps v. Comm'r of Corr. green conn · 2016 2 sentences 2018If the Neder standard for assessing harm is adopted by this court, did the Appellate Court err when it held that '[i]n the absence of a Salamon instruction, [it had] no reasonable assurance that the [petitioner's] kidnapping conviction was not based on restraint of the victim that was incidental to the assault of which the petitioner was convicted?' " Epps v. Commissioner of Correction , 323 Conn. 901 , 150 A.3d 679 (2016). 2018If the Neder standard for assessing harm is adopted by this court, did the Appellate Court err when it held that '[i]n the absence of a Salamon instruction, [it had] no reasonable assurance that the [petitioner's] kidnapping conviction was not based on restraint of the victim that was incidental to the assault of which the petitioner was convicted?' " Epps v. Commissioner of Correction , 323 Conn. 901 , 150 A.3d 679 (2016).	1	2018–2018
State v. Flowers green conn · 2006 2 sentences 2018Insofar as the respondent also asked this court to consider whether the petitioner was entitled to prevail under the less stringent Neder standard, the respondent has not effectively briefed that question by disregarding the requirements of that standard, under which a reviewing court must be 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 added.) Neder v. United States , 527 U.S. 1 , 17, 119 S.Ct. 1827 , 144 L.Ed. 2d 35 (1999) ; accord Stat 2018Insofar as the respondent also asked this court to consider whether the petitioner was entitled to prevail under the less stringent Neder standard, the respondent has not effectively briefed that question by disregarding the requirements of that standard, under which a reviewing court must be 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 added.) Neder v. United States , 527 U.S. 1 , 17, 119 S.Ct. 1827 , 144 L.Ed. 2d 35 (1999) ; accord Stat	1	2018–2018
State v. Rodriguez-Roman green conn · 2010 2 sentences 2018Insofar as the respondent also asked this court to consider whether the petitioner was entitled to prevail under the less stringent Neder standard, the respondent has not effectively briefed that question by disregarding the requirements of that standard, under which a reviewing court must be 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 added.) Neder v. United States , 527 U.S. 1 , 17, 119 S.Ct. 1827 , 144 L.Ed. 2d 35 (1999) ; accord Stat 2018Insofar as the respondent also asked this court to consider whether the petitioner was entitled to prevail under the less stringent Neder standard, the respondent has not effectively briefed that question by disregarding the requirements of that standard, under which a reviewing court must be 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 added.) Neder v. United States , 527 U.S. 1 , 17, 119 S.Ct. 1827 , 144 L.Ed. 2d 35 (1999) ; accord Stat	1	2018–2018

Statutes the citing opinions construe

CT § Conn. Gen. Stat. § 53a-92 (4) CT § Conn. Gen. Stat. § 53a-91 (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 8 (2003–2017) CT 8 (2018–2021) KS 6 (2004–2024) CA 5 (2014–2023) MI 2 (2000–2004) OR 2 (2023–2023) WI 2 (2002–2005) ID 2 (2006–2011)

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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