notion of a blanket presumption (Connecticut) · Go Syfert
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notion of a blanket presumption in Connecticut

8 Connecticut opinions name it 2 courts 2016–2026 5 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 (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in Connecticut.

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 (4)

CaseCitedYears
State v. Payne green
conn · 2012
2 sentences

2026State v. Rivera, 260 Conn. 486, 490 , 798 A.2d 958 (2002); see General Statutes § 54-57; Practice Book § 41-19. [I]n State v. LaFleur, 307 Conn. 115 , 159, 51 A.3d 1048 (2012), and State v. Payne, 303 Conn. 538 , 544-50, 34 A.3d 370 (2012) . . . we rejected the notion of a blanket presumption in favor of joinder and clarified that, when charges are brought in separate informations, and the state seeks to join those informations for trial, the state bears the burden of proving that the defendant will not be substantially prejudiced by joinder pursuant to Practice Book § 41-19. . . .

2026State v. Rivera, 260 Conn. 486, 490 , 798 A.2d 958 (2002); see General Statutes § 54-57; Practice Book § 41-19. [I]n State v. LaFleur, 307 Conn. 115 , 159, 51 A.3d 1048 (2012), and State v. Payne, 303 Conn. 538 , 544-50, 34 A.3d 370 (2012) . . . we rejected the notion of a blanket presumption in favor of joinder and clarified that, when charges are brought in separate informations, and the state seeks to join those informations for trial, the state bears the burden of proving that the defendant will not be substantially prejudiced by joinder pursuant to Practice Book § 41-19. . . .

62016–2026
State v. Jennings green
conn · 1990
2 sentences

2022We begin with a review of the governing legal principles. ‘‘[The] General Statutes and rules of practice expressly authorize a trial court to order a defendant to be tried jointly on charges arising from separate cases.’’ (Internal quotation marks omitted.) State v. Rivera, 260 Conn. 486, 490 , 798 A.2d 958 (2002); see General Statutes § 54-57; Practice Book § 41-19. ‘‘[I]n State v. LaFleur, 307 Conn. 115 , 159, 51 A.3d 1048 (2012), and State v. Payne, 303 Conn. 538 , 544-50, 34 A.3d 370 (2012) . . . we rejected the notion of a blanket presumption in favor of joinder and clarified that, when c

2022We begin with a review of the governing legal principles. ‘‘[The] General Statutes and rules of practice expressly authorize a trial court to order a defendant to be tried jointly on charges arising from separate cases.’’ (Internal quotation marks omitted.) State v. Rivera, 260 Conn. 486, 490 , 798 A.2d 958 (2002); see General Statutes § 54-57; Practice Book § 41-19. ‘‘[I]n State v. LaFleur, 307 Conn. 115 , 159, 51 A.3d 1048 (2012), and State v. Payne, 303 Conn. 538 , 544-50, 34 A.3d 370 (2012) . . . we rejected the notion of a blanket presumption in favor of joinder and clarified that, when c

42022–2026
State v. Boscarino green
conn · 1987
2 sentences

2023The state may satisfy this burden by proving, by a preponderance of the evidence, either that the evidence in the cases is cross admissible or that the defendant will not be unfairly prejudiced pursuant to the factors set forth in State v. Boscarino, [ 204 Conn. 714 , 722-24, 529 A.2d 1260 (1987)].4 Although the state bears the burden of proof in the trial court, [i]t is the defendant’s burden on appeal to show that joinder was improper by proving substantial prejudice that could not be cured by the trial court’s instructions to the jury . . . .

2023The state may satisfy this burden by proving, by a preponderance of the evidence, either that the evidence in the cases is cross admissible or that the defendant will not be unfairly prejudiced pursuant to the factors set forth in State v. Boscarino, [ 204 Conn. 714 , 722-24, 529 A.2d 1260 (1987)].4 Although the state bears the burden of proof in the trial court, [i]t is the defendant’s burden on appeal to show that joinder was improper by proving substantial prejudice that could not be cured by the trial court’s instructions to the jury . . . .

42016–2023
State v. Rivera green
conn · 2002
2 sentences

2026State v. Rivera, 260 Conn. 486, 490 , 798 A.2d 958 (2002); see General Statutes § 54-57; Practice Book § 41-19. [I]n State v. LaFleur, 307 Conn. 115 , 159, 51 A.3d 1048 (2012), and State v. Payne, 303 Conn. 538 , 544-50, 34 A.3d 370 (2012) . . . we rejected the notion of a blanket presumption in favor of joinder and clarified that, when charges are brought in separate informations, and the state seeks to join those informations for trial, the state bears the burden of proving that the defendant will not be substantially prejudiced by joinder pursuant to Practice Book § 41-19. . . .

2026State v. Rivera, 260 Conn. 486, 490 , 798 A.2d 958 (2002); see General Statutes § 54-57; Practice Book § 41-19. [I]n State v. LaFleur, 307 Conn. 115 , 159, 51 A.3d 1048 (2012), and State v. Payne, 303 Conn. 538 , 544-50, 34 A.3d 370 (2012) . . . we rejected the notion of a blanket presumption in favor of joinder and clarified that, when charges are brought in separate informations, and the state seeks to join those informations for trial, the state bears the burden of proving that the defendant will not be substantially prejudiced by joinder pursuant to Practice Book § 41-19. . . .

32022–2026

Statutes the citing opinions construe

CT § Conn. Gen. Stat. § 4-5 (7) CT § Conn. Gen. Stat. § 53-21 (6) CT § Conn. Gen. Stat. § 4-3 (5) CT § Conn. Gen. Stat. § 53a-70 (5) CT § Conn. Gen. Stat. § 54-86e (5) USC § 18u.s.c.2265 (4) CT § Conn. Gen. Stat. § 51-199 (3) CT § Conn. Gen. Stat. § 53a-182 (3) CT § Conn. Gen. Stat. § 53a-62 (3) CT § Conn. Gen. Stat. § 53a-64aa (3) CT § Conn. Gen. Stat. § 53a-71 (3) CT § Conn. Gen. Stat. § 54-57 (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

CT 8 (2016–2026) WI 2 (2020–2020)

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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