defendant waived claim (Connecticut) · Go Syfert
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defendant waived claim in Connecticut

62 Connecticut opinions name it 3 courts 1971–2026 10 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 (20)

CaseFollowedCited
State v. McClaingreen
conn · 2017 · cited in 2 Connecticut opinions naming this issue, 2019–2026
2 sentences

2026See, e.g., State v. McClain, 324 Conn. 802, 815 , 155 A.3d 209 (2017) (Kitchens waiver does not preclude appellate relief under plain error doctrine).

2026See, e.g., State v. McClain, 324 Conn. 802, 815 , 155 A.3d 209 (2017) (Kitchens waiver does not preclude appellate relief under plain error doctrine).

22
State v. William L.green
connappct · 2011 · cited in 2 Connecticut opinions naming this issue, 2021–2021
2 sentences

2021See, e.g., State v. William L., 126 Conn. App. 472 , 483 n.11, 11 A.3d 1132 (‘‘[w]e do not need to decide whether the defendant waived his claim, as we resolve the claim on other grounds’’), cert. denied, 300 Conn. 926 , 15 A.3d 628 (2011).

2021See, e.g., State v. William L., 126 Conn. App. 472 , 483 n.11, 11 A.3d 1132 (‘‘[w]e do not need to decide whether the defendant waived his claim, as we resolve the claim on other grounds’’), cert. denied, 300 Conn. 926 , 15 A.3d 628 (2011).

22
State v. William L.green
conn · 2011 · cited in 2 Connecticut opinions naming this issue, 2021–2021
2 sentences

2021See, e.g., State v. William L., 126 Conn. App. 472 , 483 n.11, 11 A.3d 1132 (‘‘[w]e do not need to decide whether the defendant waived his claim, as we resolve the claim on other grounds’’), cert. denied, 300 Conn. 926 , 15 A.3d 628 (2011).

2021See, e.g., State v. William L., 126 Conn. App. 472 , 483 n.11, 11 A.3d 1132 (‘‘[w]e do not need to decide whether the defendant waived his claim, as we resolve the claim on other grounds’’), cert. denied, 300 Conn. 926 , 15 A.3d 628 (2011).

22
Hamlin v. Commissioner of Correctiongreen
conn · 2009 · cited in 2 Connecticut opinions naming this issue, 2009–2009
2 sentences

2009There is also no difference between counsel stating that he has no comment about the charge and counsel stating that the charge as read was correct.” State v. Akande, supra, 608-609 ; see also State v. Velez, 113 Conn. App. 347, 357-59 , 966 A.2d 743 (failure to except to trial court’s response to jury question about proof of intent constituted waiver under Fabricatore), cert. denied, 291 Conn. 917 , 970 A.2d 729 (2009); State v. Farmer, 108 Conn. App. 82, 88 , 946 A.2d 1262 (failure to file request to charge or except to constancy of accusation instruction constituted waiver under Fabricatore

2009See Mozell v. Commissioner of Correction, 291 Conn. 62, 73 , 967 A.2d 41 (2009) (noting that unpreserved, waived claims fail under third prong of Golding and declining to afford review under Golding to petitioner who waived claim); see also State v. Velez, 113 Conn. App. 347, 359 , 966 A.2d 743 (defendant’s waived claim of improper jury instruction fails under third prong of Golding), cert. denied, 291 Conn. 917 , 970 A.2d 729 (2009); State v. Duncan, supra, 96 Conn. App. 560 (same).

22
State v. Peaygreen
conn · 2009 · cited in 2 Connecticut opinions naming this issue, 2009–2009
2 sentences

2009There is also no difference between counsel stating that he has no comment about the charge and counsel stating that the charge as read was correct.” State v. Akande, supra, 608-609 ; see also State v. Velez, 113 Conn. App. 347, 357-59 , 966 A.2d 743 (failure to except to trial court’s response to jury question about proof of intent constituted waiver under Fabricatore), cert. denied, 291 Conn. 917 , 970 A.2d 729 (2009); State v. Farmer, 108 Conn. App. 82, 88 , 946 A.2d 1262 (failure to file request to charge or except to constancy of accusation instruction constituted waiver under Fabricatore

2009See Mozell v. Commissioner of Correction, 291 Conn. 62, 73 , 967 A.2d 41 (2009) (noting that unpreserved, waived claims fail under third prong of Golding and declining to afford review under Golding to petitioner who waived claim); see also State v. Velez, 113 Conn. App. 347, 359 , 966 A.2d 743 (defendant’s waived claim of improper jury instruction fails under third prong of Golding), cert. denied, 291 Conn. 917 , 970 A.2d 729 (2009); State v. Duncan, supra, 96 Conn. App. 560 (same).

22
State v. Velezgreen
connappct · 2009 · cited in 2 Connecticut opinions naming this issue, 2009–2009
2 sentences

2009See Mozell v. Commissioner of Correction, 291 Conn. 62, 73 , 967 A.2d 41 (2009) (noting that unpreserved, waived claims fail under third prong of Golding and declining to afford review under Golding to petitioner who waived claim); see also State v. Velez, 113 Conn. App. 347, 359 , 966 A.2d 743 (defendant’s waived claim of improper jury instruction fails under third prong of Golding), cert. denied, 291 Conn. 917 , 970 A.2d 729 (2009); State v. Duncan, supra, 96 Conn. App. 560 (same).

2009See Mozell v. Commissioner of Correction, 291 Conn. 62, 73 , 967 A.2d 41 (2009) (noting that unpreserved, waived claims fail under third prong of Golding and declining to afford review under Golding to petitioner who waived claim); see also State v. Velez, 113 Conn. App. 347, 359 , 966 A.2d 743 (defendant’s waived claim of improper jury instruction fails under third prong of Golding), cert. denied, 291 Conn. 917 , 970 A.2d 729 (2009); State v. Duncan, supra, 96 Conn. App. 560 (same).

22
Miranda v. Arizonagreen
scotus · 1966 · cited in 2 Connecticut opinions naming this issue, 1987–1995
2 sentences

1995State v. Alfonso, 195 Conn. 624, 628 , 490 A.2d 75 (1985); State v. Perry, 195 Conn. 505 , 516 n.8, 488 A.2d 1256 (1985).’ State v. Aversa, 197 Conn. 685, 695 , 501 A.2d 370 (1985); see Miranda v. Arizona, supra [ 384 U.S. 436 ]. ‘The question is not one of form, but rather whether the defendant in fact knowingly and voluntarily waived the rights delineated in the Miranda case.’ North Carolina v. Butler, 441 U.S. 369, 373 , 99 S. Ct. 1755 , 60 L.

1987State v. Alfonso, 195 Conn. 624, 628 , 490 A.2d 75 (1985); State v. Perry, 195 Conn. 505 , 516 n.8, 488 A.2d 1256 (1985).’ State v. Aversa, 197 Conn. 685, 695 , 501 A.2d 370 (1985); see Miranda v. Arizona, [ 384 U.S. 436, 475 , 86 S. Ct. 1602 , 16 L.

22
North Carolina v. Butlerred
scotus · 1979 · cited in 2 Connecticut opinions naming this issue, 1986–1995
2 sentences

1995State v. Alfonso, 195 Conn. 624, 628 , 490 A.2d 75 (1985); State v. Perry, 195 Conn. 505 , 516 n.8, 488 A.2d 1256 (1985).’ State v. Aversa, 197 Conn. 685, 695 , 501 A.2d 370 (1985); see Miranda v. Arizona, supra [ 384 U.S. 436 ]. ‘The question is not one of form, but rather whether the defendant in fact knowingly and voluntarily waived the rights delineated in the Miranda case.’ North Carolina v. Butler, 441 U.S. 369, 373 , 99 S. Ct. 1755 , 60 L.

1995State v. Alfonso, 195 Conn. 624, 628 , 490 A.2d 75 (1985); State v. Perry, 195 Conn. 505 , 516 n.8, 488 A.2d 1256 (1985).’ State v. Aversa, 197 Conn. 685, 695 , 501 A.2d 370 (1985); see Miranda v. Arizona, supra [ 384 U.S. 436 ]. ‘The question is not one of form, but rather whether the defendant in fact knowingly and voluntarily waived the rights delineated in the Miranda case.’ North Carolina v. Butler, 441 U.S. 369, 373 , 99 S. Ct. 1755 , 60 L.

22
State v. Kitchensgreen
conn · 2011 · cited in 14 Connecticut opinions naming this issue, 2011–2026
2 sentences

2026I We first address the defendant’s claim that the trial court committed plain error by instructing the jury on a theory of liability that was not charged in the infor- mation, in violation of his sixth amendment right to be informed of the charges against him.4 The court instructed the jury, in accordance with subdivision 3 The state filed a substitute information on July 18, 2023, that deleted an erroneous reference to General Statutes § 53a-48 and fixed a few minor errors, but the substitute information was otherwise identical to the July 7, 2023 information. 4 Because the defendant waived h

2026I We first address the defendant’s claim that the trial court committed plain error by instructing the jury on a theory of liability that was not charged in the infor- mation, in violation of his sixth amendment right to be informed of the charges against him.4 The court instructed the jury, in accordance with subdivision 3 The state filed a substitute information on July 18, 2023, that deleted an erroneous reference to General Statutes § 53a-48 and fixed a few minor errors, but the substitute information was otherwise identical to the July 7, 2023 information. 4 Because the defendant waived h

114
State v. Francisgreen
conn · 2002 · cited in 2 Connecticut opinions naming this issue, 2008–2013
2 sentences

2008Because we conclude that the defendant waived this claim at trial, we do not review the claim under Golding or the plain error doctrine. “[WJaiver is the intentional relinquishment or abandonment of a known right.” (Internal quotation marks omitted.) State v. Wilson, 52 Conn. App. 802, 810 , 729 A.2d 778 (1999). “[A] valid waiver calls into question the existence of a constitutional violation depriving the defendant of a fair trial for the purpose of Golding review [and it] also thwarts plain error review of a *89 claim.” State v. Corona, 69 Conn. App. 267, 274 , 794 A.2d 565 , cert. denied, 2

2008Because we conclude that the defendant waived this claim at trial, we do not review the claim under Golding or the plain error doctrine. “[WJaiver is the intentional relinquishment or abandonment of a known right.” (Internal quotation marks omitted.) State v. Wilson, 52 Conn. App. 802, 810 , 729 A.2d 778 (1999). “[A] valid waiver calls into question the existence of a constitutional violation depriving the defendant of a fair trial for the purpose of Golding review [and it] also thwarts plain error review of a *89 claim.” State v. Corona, 69 Conn. App. 267, 274 , 794 A.2d 565 , cert. denied, 2

12
State v. Coronagreen
connappct · 2002 · cited in 2 Connecticut opinions naming this issue, 2008–2013
2 sentences

2008Because we conclude that the defendant waived this claim at trial, we do not review the claim under Golding or the plain error doctrine. “[WJaiver is the intentional relinquishment or abandonment of a known right.” (Internal quotation marks omitted.) State v. Wilson, 52 Conn. App. 802, 810 , 729 A.2d 778 (1999). “[A] valid waiver calls into question the existence of a constitutional violation depriving the defendant of a fair trial for the purpose of Golding review [and it] also thwarts plain error review of a *89 claim.” State v. Corona, 69 Conn. App. 267, 274 , 794 A.2d 565 , cert. denied, 2

2008Because we conclude that the defendant waived this claim at trial, we do not review the claim under Golding or the plain error doctrine. “[WJaiver is the intentional relinquishment or abandonment of a known right.” (Internal quotation marks omitted.) State v. Wilson, 52 Conn. App. 802, 810 , 729 A.2d 778 (1999). “[A] valid waiver calls into question the existence of a constitutional violation depriving the defendant of a fair trial for the purpose of Golding review [and it] also thwarts plain error review of a *89 claim.” State v. Corona, 69 Conn. App. 267, 274 , 794 A.2d 565 , cert. denied, 2

12
State v. Akandegreen
conn · 2009 · cited in 2 Connecticut opinions naming this issue, 2009–2011
2 sentences

2011We granted certification to appeal limited to the following issue: "Did the Appellate Court properly determine that the defendant waived his claim that the jury instructions were constitutionally deficient?" State v. Akande, 290 Conn. 918, 919 , 966 A.2d 237 (2009).

2011We granted certification to appeal limited to the following issue: "Did the Appellate Court properly determine that the defendant waived his claim that the jury instructions were constitutionally deficient?" State v. Akande, 290 Conn. 918, 919 , 966 A.2d 237 (2009).

12
State v. Luis F.green
connappct · 2004 · cited in 1 Connecticut opinions naming this issue, 2016–2016
2 sentences

2016See State v. Luis F., 85 Conn.App. 264 , 271 n. 1, 856 A.2d 522 (2004).

2016See State v. Luis F., 85 Conn.App. 264 , 271 n. 1, 856 A.2d 522 (2004).

11
State v. Cowardgreen
conn · 2009 · cited in 1 Connecticut opinions naming this issue, 2010–2010
11
State v. Fabricatoregreen
conn · 2007 · cited in 1 Connecticut opinions naming this issue, 2009–2009
11
State v. Duncangreen
connappct · 2006 · cited in 1 Connecticut opinions naming this issue, 2009–2009
11
Mozell v. Commissioner of Correctiongreen
conn · 2009 · cited in 1 Connecticut opinions naming this issue, 2009–2009
11
State v. Coltherstgreen
conn · 2003 · cited in 1 Connecticut opinions naming this issue, 2007–2007
11
State v. Warholicgreen
conn · 2006 · cited in 1 Connecticut opinions naming this issue, 2007–2007
11
State v. Minergreen
conn · 1985 · cited in 1 Connecticut opinions naming this issue, 1993–1993
11

Distinguished, questioned or overruled (1)

CaseNegativeCited
State v. Finanred
conn · 2005 · cited in 1 Connecticut opinions naming this issue, 2022–2022
2 sentences

2022After reviewing the entire record, including comments made by defense counsel in response to questions posed by the trial court during the charge conference, we conclude that the defendant waived this claim of error. 7 In his brief, the defendant raised an additional claim of prosecutorial impropriety, claiming that the prosecutor improperly had elicited opinion evidence regarding identification of the defendant from Lorvita, who was not an eyewitness to the crime, in violation of State v. Finan, 275 Conn. 60 , 881 A.2d 187 (2005), overruled by State v. Gore, 342 Conn. 129 , 269 A.3d 1 (2022).

2022After reviewing the entire record, including comments made by defense counsel in response to questions posed by the trial court during the charge conference, we conclude that the defendant waived this claim of error. 7 In his brief, the defendant raised an additional claim of prosecutorial impropriety, claiming that the prosecutor improperly had elicited opinion evidence regarding identification of the defendant from Lorvita, who was not an eyewitness to the crime, in violation of State v. Finan, 275 Conn. 60 , 881 A.2d 187 (2005), overruled by State v. Gore, 342 Conn. 129 , 269 A.3d 1 (2022).

11

Also cited on this issue (47)

CaseCitedYears
State v. Golding green
conn · 1989
2 sentences

2016The defendant concedes that this claim is unpreserved and seeks review pursuant to State v. Golding, 213 Conn. 233 , 239-40, 567 A.2d 823 (1989), or, in the alternative, that we reverse his conviction pursuant to the plain error *843 doctrine. 2 The state counters that (1) the record is inadequate to review the defendant's claim, (2) the defendant waived this claim by expressly agreeing to the court's practice, (3) the defendant's brief is inadequate and (4) the claim fails on the merits.

2016The defendant concedes that this claim is unpreserved and seeks review pursuant to State v. Golding, 213 Conn. 233 , 239-40, 567 A.2d 823 (1989), or, in the alternative, that we reverse his conviction pursuant to the plain error *843 doctrine. 2 The state counters that (1) the record is inadequate to review the defendant's claim, (2) the defendant waived this claim by expressly agreeing to the court's practice, (3) the defendant's brief is inadequate and (4) the claim fails on the merits.

62003–2016
State v. Toste green
conn · 1986
2 sentences

1998Pursuant to the fifth and fourteenth amendments to the United States constitution, “a statement made by a defendant during custodial interrogation is admissible only upon proof that he . . . waived his rights [under Miranda] to remain silent . . . .” State v. Simms, 201 Conn. 395, 411 , 518 A.2d 35 (1986). “ ‘In order to show that the defendant waived his privilege against self-incrimination, the state must prove by a preponderance of the evidence that he knowingly and intelligently waived his constitutional right to remain silent.’ ” State v. Toste, 198 Conn. 573, 579 , 504 A.2d 1036 (1986).

1998Pursuant to the fifth and fourteenth amendments to the United States constitution, “a statement made by a defendant during custodial interrogation is admissible only upon proof that he . . . waived his rights [under Miranda] to remain silent . . . .” State v. Simms, 201 Conn. 395, 411 , 518 A.2d 35 (1986). “ ‘In order to show that the defendant waived his privilege against self-incrimination, the state must prove by a preponderance of the evidence that he knowingly and intelligently waived his constitutional right to remain silent.’ ” State v. Toste, 198 Conn. 573, 579 , 504 A.2d 1036 (1986).

51998–2002
State v. Perry green
conn · 1985
2 sentences

1995State v. Alfonso, 195 Conn. 624, 628 , 490 A.2d 75 (1985); State v. Perry, 195 Conn. 505 , 516 n.8, 488 A.2d 1256 (1985).’ State v. Aversa, 197 Conn. 685, 695 , 501 A.2d 370 (1985); see Miranda v. Arizona, supra [ 384 U.S. 436 ]. ‘The question is not one of form, but rather whether the defendant in fact knowingly and voluntarily waived the rights delineated in the Miranda case.’ North Carolina v. Butler, 441 U.S. 369, 373 , 99 S. Ct. 1755 , 60 L.

1995State v. Alfonso, 195 Conn. 624, 628 , 490 A.2d 75 (1985); State v. Perry, 195 Conn. 505 , 516 n.8, 488 A.2d 1256 (1985).’ State v. Aversa, 197 Conn. 685, 695 , 501 A.2d 370 (1985); see Miranda v. Arizona, supra [ 384 U.S. 436 ]. ‘The question is not one of form, but rather whether the defendant in fact knowingly and voluntarily waived the rights delineated in the Miranda case.’ North Carolina v. Butler, 441 U.S. 369, 373 , 99 S. Ct. 1755 , 60 L.

41985–1995
State v. Alfonso green
conn · 1985
2 sentences

1995State v. Alfonso, 195 Conn. 624, 628 , 490 A.2d 75 (1985); State v. Perry, 195 Conn. 505 , 516 n.8, 488 A.2d 1256 (1985).’ State v. Aversa, 197 Conn. 685, 695 , 501 A.2d 370 (1985); see Miranda v. Arizona, supra [ 384 U.S. 436 ]. ‘The question is not one of form, but rather whether the defendant in fact knowingly and voluntarily waived the rights delineated in the Miranda case.’ North Carolina v. Butler, 441 U.S. 369, 373 , 99 S. Ct. 1755 , 60 L.

1995State v. Alfonso, 195 Conn. 624, 628 , 490 A.2d 75 (1985); State v. Perry, 195 Conn. 505 , 516 n.8, 488 A.2d 1256 (1985).’ State v. Aversa, 197 Conn. 685, 695 , 501 A.2d 370 (1985); see Miranda v. Arizona, supra [ 384 U.S. 436 ]. ‘The question is not one of form, but rather whether the defendant in fact knowingly and voluntarily waived the rights delineated in the Miranda case.’ North Carolina v. Butler, 441 U.S. 369, 373 , 99 S. Ct. 1755 , 60 L.

41985–1995
State v. Aversa green
conn · 1985
2 sentences

1995State v. Alfonso, 195 Conn. 624, 628 , 490 A.2d 75 (1985); State v. Perry, 195 Conn. 505 , 516 n.8, 488 A.2d 1256 (1985).’ State v. Aversa, 197 Conn. 685, 695 , 501 A.2d 370 (1985); see Miranda v. Arizona, supra [ 384 U.S. 436 ]. ‘The question is not one of form, but rather whether the defendant in fact knowingly and voluntarily waived the rights delineated in the Miranda case.’ North Carolina v. Butler, 441 U.S. 369, 373 , 99 S. Ct. 1755 , 60 L.

1995State v. Alfonso, 195 Conn. 624, 628 , 490 A.2d 75 (1985); State v. Perry, 195 Conn. 505 , 516 n.8, 488 A.2d 1256 (1985).’ State v. Aversa, 197 Conn. 685, 695 , 501 A.2d 370 (1985); see Miranda v. Arizona, supra [ 384 U.S. 436 ]. ‘The question is not one of form, but rather whether the defendant in fact knowingly and voluntarily waived the rights delineated in the Miranda case.’ North Carolina v. Butler, 441 U.S. 369, 373 , 99 S. Ct. 1755 , 60 L.

31986–1995
State v. Calhoun green
conn · 2023
2 sentences

2024The defendant could not prevail on his claim that the prosecutor had impermissibly vouched for H’s and B’s credibility by introducing the truthfulness provisions of their cooperation agreements, eliciting testi- mony from H and B that their attorneys were present in the courtroom, and referencing their prior testimony in other criminal cases on behalf of the state: This court, relying on State v. Calhoun ( 346 Conn. 288 ) and State v. Flores ( 344 Conn. 713 ), concluded that the introduction of the truthfulness provisions of H’s and B’s cooperation agreements did not constitute improper vouchi

2024The state further argues that, even if the claim was not waived, the trial court did not abuse its discretion in allowing the challenged testimony under State v. Cal- houn, 346 Conn. 288 , 289 A.3d 584 (2023), and State v. Helwig understands that the charges for which he has entered pleas carry an exposure of thirty years incarceration. ‘‘It is understood that Helwig is obligated pursuant to this agreement to at all times give complete and truthful information and testimony.

12024–2024
State v. Flores green
conn · 2022
1 sentence

2024The defendant could not prevail on his claim that the prosecutor had impermissibly vouched for H’s and B’s credibility by introducing the truthfulness provisions of their cooperation agreements, eliciting testi- mony from H and B that their attorneys were present in the courtroom, and referencing their prior testimony in other criminal cases on behalf of the state: This court, relying on State v. Calhoun ( 346 Conn. 288 ) and State v. Flores ( 344 Conn. 713 ), concluded that the introduction of the truthfulness provisions of H’s and B’s cooperation agreements did not constitute improper vouchi

12024–2024
State v. Bruny green
conn · 2022
1 sentence

2022At oral argument, the defendant abandoned this claim, in light of our recent decisions in State v. Gore, supra, 148–49, and State v. Bruny, 342 Conn. 169 , 269 A.3d 38 (2022). 8 ‘‘For an act of violence to be justified as self-defense, (1) the defendant must actually have believed that the victim was using or was about to use physical force against him, (2) a reasonable person, viewing all the circumstances from the defendant’s point of view, would have shared that belief, (3) the defendant must actually have believed that the degree of force he used was necessary for defending himself or hers

12022–2022
State v. Mekoshvili green
conn · 2022
1 sentence

2022At oral argument, the defendant abandoned this claim, in light of our recent decisions in State v. Gore, supra, 148–49, and State v. Bruny, 342 Conn. 169 , 269 A.3d 38 (2022). 8 ‘‘For an act of violence to be justified as self-defense, (1) the defendant must actually have believed that the victim was using or was about to use physical force against him, (2) a reasonable person, viewing all the circumstances from the defendant’s point of view, would have shared that belief, (3) the defendant must actually have believed that the degree of force he used was necessary for defending himself or hers

12022–2022
State v. Brown green
conn · 2011
2 sentences

2021Specifically, defense counsel cited State v. Brown, 299 Conn. 640, 659 , 11 A.3d 663 (2011), and State v. Ruocco, 151 Conn. App. 732 , 742–43, 95 A.3d 573 (2014), aff’d, 322 Conn. 796 , 144 A.3d 354 (2016), for the proposition that ‘‘the state bears the burden of proving the defendant waived a claim of instructional error.’’9 At oral argument before this court, the defendant’s appellate counsel referenced the point in the charging conference when the trial court, while reciting the proposed charge on burglary in the second degree as alleged in count six, stated: ‘‘Threatening in the second deg

2021Specifically, defense counsel cited State v. Brown, 299 Conn. 640, 659 , 11 A.3d 663 (2011), and State v. Ruocco, 151 Conn. App. 732 , 742–43, 95 A.3d 573 (2014), aff’d, 322 Conn. 796 , 144 A.3d 354 (2016), for the proposition that ‘‘the state bears the burden of proving the defendant waived a claim of instructional error.’’9 At oral argument before this court, the defendant’s appellate counsel referenced the point in the charging conference when the trial court, while reciting the proposed charge on burglary in the second degree as alleged in count six, stated: ‘‘Threatening in the second deg

12021–2021
Brady v. Maryland green
scotus · 1963
1 sentence

2021The defendant could not prevail on his unpreserved claim that his rights under Brady v. Maryland ( 373 U.S. 83 ) were violated, which was based on his claim that the prosecutors were required to personally review the victim’s journals for exculpatory information and that this task could not have been delegated to a nonlawyer member of their office: although, ultimately, the obligation for complying with Brady rests with the prose- cutor, it does not follow that the personal review of items such as the victim’s journals by a prosecutor is constitutionally required.

12021–2021
State v. Ruocco green
conn · 2016
2 sentences

2021Specifically, defense counsel cited State v. Brown, 299 Conn. 640, 659 , 11 A.3d 663 (2011), and State v. Ruocco, 151 Conn. App. 732 , 742–43, 95 A.3d 573 (2014), aff’d, 322 Conn. 796 , 144 A.3d 354 (2016), for the proposition that ‘‘the state bears the burden of proving the defendant waived a claim of instructional error.’’9 At oral argument before this court, the defendant’s appellate counsel referenced the point in the charging conference when the trial court, while reciting the proposed charge on burglary in the second degree as alleged in count six, stated: ‘‘Threatening in the second deg

2021Specifically, defense counsel cited State v. Brown, 299 Conn. 640, 659 , 11 A.3d 663 (2011), and State v. Ruocco, 151 Conn. App. 732 , 742–43, 95 A.3d 573 (2014), aff’d, 322 Conn. 796 , 144 A.3d 354 (2016), for the proposition that ‘‘the state bears the burden of proving the defendant waived a claim of instructional error.’’9 At oral argument before this court, the defendant’s appellate counsel referenced the point in the charging conference when the trial court, while reciting the proposed charge on burglary in the second degree as alleged in count six, stated: ‘‘Threatening in the second deg

12021–2021
Harp v. King green
conn · 2003
2 sentences

2020According to the state, the defendant was the only person who knew about the existence, location, and placements of the documents in her home, and she alone had the ‘‘responsibility to assert and maintain [the attorney-client privilege] . . . and failed to do so.’’ (Citation omitted.) Our precedent on the issue indicates that ‘‘[voluntary] disclosure of confidential communications . . . consti- tutes a waiver of [the] privilege as to those items.’’ (Internal quotation marks omitted.) Harp v. King, 266 Conn. 747, 767 , 835 A.2d 953 (2003).

2020According to the state, the defendant was the only person who knew about the existence, location, and placements of the documents in her home, and she alone had the ‘‘responsibility to assert and maintain [the attorney-client privilege] . . . and failed to do so.’’ (Citation omitted.) Our precedent on the issue indicates that ‘‘[voluntary] disclosure of confidential communications . . . consti- tutes a waiver of [the] privilege as to those items.’’ (Internal quotation marks omitted.) Harp v. King, 266 Conn. 747, 767 , 835 A.2d 953 (2003).

12020–2020
State v. Acampora neutral
connappct · 2017
1 sentence

2020Id., 214–16.

12020–2020
Bigelow v. Comm'r of Corr. green
conn · 2017
2 sentences

2018"An appellate court must defer to the trier of fact's assessment of credibility because [i]t is the [fact finder] ... [who has] an opportunity to observe the demeanor of the witnesses and the parties; thus [the fact finder] is best able to judge the credibility of the witnesses and to draw necessary inferences from them." (Internal quotation marks omitted.) Cimino v. Cimino , 174 Conn. App. 1 , 11, 164 A.3d 787 , cert. denied, 327 Conn. 929 , 171 A.3d 455 (2017).

2018"An appellate court must defer to the trier of fact's assessment of credibility because [i]t is the [fact finder] ... [who has] an opportunity to observe the demeanor of the witnesses and the parties; thus [the fact finder] is best able to judge the credibility of the witnesses and to draw necessary inferences from them." (Internal quotation marks omitted.) Cimino v. Cimino , 174 Conn. App. 1 , 11, 164 A.3d 787 , cert. denied, 327 Conn. 929 , 171 A.3d 455 (2017).

12018–2018
Cimino v. Cimino green
connappct · 2017
2 sentences

2018"An appellate court must defer to the trier of fact's assessment of credibility because [i]t is the [fact finder] ... [who has] an opportunity to observe the demeanor of the witnesses and the parties; thus [the fact finder] is best able to judge the credibility of the witnesses and to draw necessary inferences from them." (Internal quotation marks omitted.) Cimino v. Cimino , 174 Conn. App. 1 , 11, 164 A.3d 787 , cert. denied, 327 Conn. 929 , 171 A.3d 455 (2017).

2018"An appellate court must defer to the trier of fact's assessment of credibility because [i]t is the [fact finder] ... [who has] an opportunity to observe the demeanor of the witnesses and the parties; thus [the fact finder] is best able to judge the credibility of the witnesses and to draw necessary inferences from them." (Internal quotation marks omitted.) Cimino v. Cimino , 174 Conn. App. 1 , 11, 164 A.3d 787 , cert. denied, 327 Conn. 929 , 171 A.3d 455 (2017).

12018–2018
Franklin v. Superior Casting green
conn · 2011
12015–2015
Haynes v. City of Middletown green
connappct · 2010
12014–2014
State v. Coleman green
conn · 2012
12014–2014
Crawford v. Washington green
scotus · 2004
12012–2012
State v. Saia green
conn · 1976
12009–2009
State v. Duell green
conn · 2006
12009–2009
State v. Farmer green
connappct · 2008
12009–2009
State v. THOMAS W. green
connappct · 2009
12009–2009
State v. Brown green
conn · 2006
12009–2009
State v. Akande neutral
connappct · 2008
12009–2009
State v. Blake green
conn · 2008
12009–2009
Statewide Grievance Committee v. Brown green
conn · 2002
12008–2008
Statewide Grievance Committee v. Brown green
connappct · 2001
12008–2008
State v. Wilson green
connappct · 1999
12008–2008
State v. Spiegelmann green
conn · 2004
12007–2007
State v. Smith neutral
connappct · 1999
12007–2007
State v. Robinson green
connappct · 2004
12007–2007
State v. Henderson green
conn · 1995
12003–2003
State v. Adams green
conn · 1995
12003–2003
State v. Cooper green
connappct · 1995
12003–2003
Cooper v. Connecticut green
scotus · 1996
12003–2003
Weber v. Wood green
scotus · 1996
12003–2003
Tracy v. Chief of the National Guard Bureau green
scotus · 1996
12003–2003
State v. Drakeford green
conn · 1987
12002–2002

Statutes the citing opinions construe

CT § Conn. Gen. Stat. § 53-21 (14) CT § Conn. Gen. Stat. § 53a-54a (14) CT § Conn. Gen. Stat. § 53a-134 (12) CT § Conn. Gen. Stat. § 54-86e (11) CT § Conn. Gen. Stat. § 51-199 (10) CT § Conn. Gen. Stat. § 53a-48 (9) CT § Conn. Gen. Stat. § 53a-49 (6) CT § Conn. Gen. Stat. § 53a-119 (5) CT § Conn. Gen. Stat. § 53a-19 (5) CT § Conn. Gen. Stat. § 53a-59 (5) CT § Conn. Gen. Stat. § 53a-62 (5) CT § Conn. Gen. Stat. § 53a-70 (5)

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

NY 88 (1917–2025) CT 62 (1971–2026) TX 30 (1961–2024) PA 26 (1980–2026) IL 24 (1908–2023) CA 16 (1896–2026) MA 16 (1919–2026) FL 15 (1959–2018) MO 14 (1906–2019) IN 13 (1995–2025) WA 12 (1906–2024) IA 11 (1879–2022) TN 9 (2004–2026) LA 7 (1913–2021) AZ 7 (1965–2024) MI 7 (1983–2026) OK 6 (1927–2005) NC 6 (1876–2024) GA 5 (1998–2021) NE 5 (1990–2013) WI 4 (1989–2022) CO 4 (1927–2025) MN 3 (1980–2014) RI 3 (1981–1986) OH 3 (2006–2025) ME 2 (2016–2016) WV 2 (1945–1980) NM 2 (2004–2020) SD 2 (1985–2022) AL 2 (1972–1973) NJ 2 (1989–2002) MD 2 (2014–2015) VT 2 (1894–1940) MT 2 (1987–2008)

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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