consequences error in Connecticut

2013Only if both prongs of the analysis are satisfied can the appealing party obtain relief.” (Internal quotation marks omitted.) Crawford v. Commissioner of Correction, 294 Conn. 165, 205 , 982 A.2d 620 (2009).

2013Only if both prongs of the analysis are satisfied can the appealing party obtain relief.” (Internal quotation marks omitted.) Crawford v. Commissioner of Correction, 294 Conn. 165, 205 , 982 A.2d 620 (2009).

2024The entry of a guilty plea under the Alford doctrine carries the same consequences as a standard plea of guilty.’’ (Citation omitted; emphasis in original; footnote omitted; internal quotation marks omitted.) State v. Faraday, 268 Conn. 174 , 204-205, 842 A.2d 567 (2004). 4 The habeas trial transcript contains multiple spelling variations of Romowi’s last name.

2024The entry of a guilty plea under the Alford doctrine carries the same consequences as a standard plea of guilty.’’ (Citation omitted; emphasis in original; footnote omitted; internal quotation marks omitted.) State v. Faraday, 268 Conn. 174 , 204-205, 842 A.2d 567 (2004). 4 The habeas trial transcript contains multiple spelling variations of Romowi’s last name.

2026Only if both prongs of the analysis are satisfied can the appealing party obtain relief.” (Internal quotation marks omitted.) In re Sydnei V., 168 Conn. App. 538 , 562-64, 147 A.3d 147 , cert. denied, 324 Conn. 903 , 151 A.3d 1289 (2016).

2026Only if both prongs of the analysis are satisfied can the appealing party obtain relief.” (Internal quotation marks omitted.) In re Sydnei V., 168 Conn. App. 538 , 562-64, 147 A.3d 147 , cert. denied, 324 Conn. 903 , 151 A.3d 1289 (2016).

2026Only if both prongs of the analysis are satisfied can the appealing party obtain relief.” (Internal quotation marks omitted.) In re Sydnei V., 168 Conn. App. 538 , 562-64, 147 A.3d 147 , cert. denied, 324 Conn. 903 , 151 A.3d 1289 (2016).

2026Only if both prongs of the analysis are satisfied can the appealing party obtain relief.” (Internal quotation marks omitted.) In re Sydnei V., 168 Conn. App. 538 , 562-64, 147 A.3d 147 , cert. denied, 324 Conn. 903 , 151 A.3d 1289 (2016).

2022By entering such a plea, a defendant may be able to avoid formally admitting guilt at the time of sentencing, but he nonetheless consents to being treated as if he were guilty with no assurances to the contrary.’’ (Emphasis omitted; internal quotation marks omitted.) State v. Simpson, 329 Conn. 820 , 824 n.4, 189 A.3d 1215 (2018). 9 Around the same time that this guilty plea was entered, in a separate criminal case, the petitioner also pleaded guilty under the Alford doctrine to possession of narcotics in violation of General Statutes (Supp. 2014) § 21a-279 (a), arising from an incident in Man

2022By entering such a plea, a defendant may be able to avoid formally admitting guilt at the time of sentencing, but he nonetheless consents to being treated as if he were guilty with no assurances to the contrary.’’ (Emphasis omitted; internal quotation marks omitted.) State v. Simpson, 329 Conn. 820 , 824 n.4, 189 A.3d 1215 (2018). 9 Around the same time that this guilty plea was entered, in a separate criminal case, the petitioner also pleaded guilty under the Alford doctrine to possession of narcotics in violation of General Statutes (Supp. 2014) § 21a-279 (a), arising from an incident in Man

2021Only if both prongs of the analysis are satisfied can the appealing party obtain relief.’’ (Internal quotation marks omit- ted.) DeChellis v. DeChellis, 190 Conn. App. 853, 866 , 213 A.3d 1 , cert. denied, 333 Conn. 913 , 215 A.3d 1210 (2019).

2021Only if both prongs of the analysis are satisfied can the appealing party obtain relief.’’ (Internal quotation marks omit- ted.) DeChellis v. DeChellis, 190 Conn. App. 853, 866 , 213 A.3d 1 , cert. denied, 333 Conn. 913 , 215 A.3d 1210 (2019).

2019Only if both prongs of the analysis are satisfied can the appealing party obtain relief.’’ (Internal quotation marks omitted.) State v. Ruocco, 151 Conn. App. 732 , 739-40, 95 A.3d 573 (2014), aff’d, 322 Conn. 796 , 144 A.3d 354 (2016).

2019Only if both prongs of the analysis are satisfied can the appealing party obtain relief.’’ (Internal quotation marks omitted.) State v. Ruocco, 151 Conn. App. 732 , 739-40, 95 A.3d 573 (2014), aff’d, 322 Conn. 796 , 144 A.3d 354 (2016).

2019Because [a] party cannot prevail under plain error unless it has demonstrated that the failure to grant relief will result in manifest injustice ... under the second prong of the analysis we must determine whether the consequences of the error are so grievous as to be fundamentally unfair or manifestly unjust." (Citations omitted; emphasis omitted; footnote omitted; internal quotation marks omitted.) Clougherty v. Clougherty , 131 Conn. App. 270 , 273-74, 26 A.3d 704 , cert. denied, 302 Conn. 948 , 31 A.3d 383 (2011).

2019Because [a] party cannot prevail under plain error unless it has demonstrated that the failure to grant relief will result in manifest injustice ... under the second prong of the analysis we must determine whether the consequences of the error are so grievous as to be fundamentally unfair or manifestly unjust." (Citations omitted; emphasis omitted; footnote omitted; internal quotation marks omitted.) Clougherty v. Clougherty , 131 Conn. App. 270 , 273-74, 26 A.3d 704 , cert. denied, 302 Conn. 948 , 31 A.3d 383 (2011).

2019Because [a] party cannot prevail under plain error unless it has demonstrated that the failure to grant relief will result in manifest injustice ... under the second prong of the analysis we must determine whether the consequences of the error are so grievous as to be fundamentally unfair or manifestly unjust." (Citations omitted; emphasis omitted; footnote omitted; internal quotation marks omitted.) Clougherty v. Clougherty , 131 Conn. App. 270 , 273-74, 26 A.3d 704 , cert. denied, 302 Conn. 948 , 31 A.3d 383 (2011).

2014Because [a] party cannot prevail under plain error unless it has demonstrated that the failure to grant relief will result in manifest injustice . . . under the second prong of the analysis we must determine whether the consequences of the error are so grievous as to be fundamentally unfair or manifestly unjust.” (Citations omitted; emphasis omitted; footnote omitted; internal quotation marks omitted.) Clougherty v. Clougherty, 131 Conn. App. 270, 273-74 , 26 A.3d 704 , cert. denied, 302 Conn. 948 , 31 A.3d 838 (2011).

1994Nonetheless, we stated: “ ‘Vindication at the appellate level can seldom regain all that has been lost by an erroneous deter mination of a cause in the trial court.’ In re Juvenile Appeal (85-AB), 195 Conn. 303, 311 , 488 A.2d 778 (1985).” Id.

1994Nonetheless, we stated: “ ‘Vindication at the appellate level can seldom regain all that has been lost by an erroneous deter mination of a cause in the trial court.’ In re Juvenile Appeal (85-AB), 195 Conn. 303, 311 , 488 A.2d 778 (1985).” Id.

2026Second, we must determine whether the consequences of the error are so grievous as to be fundamentally unfair or manifestly unjust.” (Citation omitted; internal quotation marks omitted.) State v. Daren Y., 350 Conn. 393 , 405-406, 324 A.3d 734 (2024).

2026Second, we must determine whether the consequences of the error are so grievous as to be fundamentally unfair or manifestly unjust.” (Citation omitted; internal quotation marks omitted.) State v. Daren Y., 350 Conn. 393 , 405-406, 324 A.3d 734 (2024).

2026The entry of a guilty plea under the Alford doctrine carries the same consequences as a standard plea of guilty.” (Emphasis omitted; internal quotation marks omitted.) Glen S. v. Commissioner of Correction, 223 Conn. App. 152 , 155 n.3, 307 A.3d 951 , cert. denied, 348 Conn. 951 , 308 A.3d 1038 (2024).

2026The entry of a guilty plea under the Alford doctrine carries the same consequences as a standard plea of guilty.” (Emphasis omitted; internal quotation marks omitted.) Glen S. v. Commissioner of Correction, 223 Conn. App. 152 , 155 n.3, 307 A.3d 951 , cert. denied, 348 Conn. 951 , 308 A.3d 1038 (2024).

2026Second, we must determine whether the consequences of the error are so grievous as to be fundamentally unfair or manifestly unjust.” (Citation omitted; internal quotation marks omitted.) State v. Daren Y., 350 Conn. 393 , 405-406, 324 A.3d 734 (2024).

2026Second, we must determine whether the consequences of the error are so grievous as to be fundamentally unfair or manifestly unjust.” (Citation omitted; internal quotation marks omitted.) State v. Daren Y., 350 Conn. 393 , 405-406, 324 A.3d 734 (2024).

2025Although the defendant’s prior encounters with the criminal justice system should be given less weight than if he had been an adult, we disagree with any suggestion that his thirteen prior arrests and at least eleven prior Miranda warnings are entitled to no weight.12 See Fare v. Michael C., 442 U.S. 707, 726 , 99 S. Ct. 2560 , 61 L. Ed. 2d 197 (1979) (holding that sixteen year old defendant understood nature of his waiver given his ‘‘considerable experience with the police’’); State v. Whitaker, 215 Conn. 739, 754, 758 , 578 A.2d 1031 (1990) (considering fact that juvenile defendant had prior

2025Although the defendant’s prior encounters with the criminal justice system should be given less weight than if he had been an adult, we disagree with any suggestion that his thirteen prior arrests and at least eleven prior Miranda warnings are entitled to no weight.12 See Fare v. Michael C., 442 U.S. 707, 726 , 99 S. Ct. 2560 , 61 L. Ed. 2d 197 (1979) (holding that sixteen year old defendant understood nature of his waiver given his ‘‘considerable experience with the police’’); State v. Whitaker, 215 Conn. 739, 754, 758 , 578 A.2d 1031 (1990) (considering fact that juvenile defendant had prior

2019To hold otherwise would shift the cost of the violation to the innocent party." O'Brien v. O'Brien , supra, 326 Conn. at 101 , 161 A.3d 1236 .

2019To hold otherwise would shift the cost of the violation to the innocent party." O'Brien v. O'Brien , supra, 326 Conn. at 101 , 161 A.3d 1236 .

2019Because [a] party cannot prevail under plain error unless it has demonstrated that the failure to grant relief will result in manifest injustice ... under the second prong of the analysis we must determine whether the consequences of the error are so grievous as to be fundamentally unfair or manifestly unjust." (Citations omitted; emphasis omitted; footnote omitted; internal quotation marks omitted.) Clougherty v. Clougherty , 131 Conn. App. 270 , 273-74, 26 A.3d 704 , cert. denied, 302 Conn. 948 , 31 A.3d 383 (2011).

2018Only if both prongs of the analysis are satisfied can the appealing party obtain relief." (Emphasis omitted; internal quotation marks omitted.) Healey v. Haymond Law Firm, P.C. , 174 Conn. App. 230 , 245, 166 A.3d 10 (2017).

2018Only if both prongs of the analysis are satisfied can the appealing party obtain relief." (Emphasis omitted; internal quotation marks omitted.) Healey v. Haymond Law Firm, P.C. , 174 Conn. App. 230 , 245, 166 A.3d 10 (2017).

2018In State v. Padua , supra, 273 Conn. at 164 -65 , 869 A.2d 192 , for example, our Supreme Court considered a case in which conspiracy to sell marijuana within 1500 feet of a public housing project was alleged, and the trial court had not instructed that, in order to find the defendant guilty, the jury had to find that he agreed to commit the crime within 1500 feet of a public housing project. 8 Our Supreme Court held that, although the instruction was improper, the error was harmless in light of overwhelming evidence regarding intent to sell marijuana within 1500 feet of a public housing proje

2018In State v. Padua , supra, 273 Conn. at 164 -65 , 869 A.2d 192 , for example, our Supreme Court considered a case in which conspiracy to sell marijuana within 1500 feet of a public housing project was alleged, and the trial court had not instructed that, in order to find the defendant guilty, the jury had to find that he agreed to commit the crime within 1500 feet of a public housing project. 8 Our Supreme Court held that, although the instruction was improper, the error was harmless in light of overwhelming evidence regarding intent to sell marijuana within 1500 feet of a public housing proje

2017The habeas court granted the motion, but the Appellate Court reversed, concluding that the respondent had failed to make "an affirmative showing that, at the time of the withdrawal, the petitioner was apprised of and understood the right being waived and the consequences of his waiver." Id., at 147-48 , 81 A.3d 1209 .

2017The habeas court granted the motion, but the Appellate Court reversed, concluding that the respondent had failed to make "an affirmative showing that, at the time of the withdrawal, the petitioner was apprised of and understood the right being waived and the consequences of his waiver." Id., at 147-48 , 81 A.3d 1209 .

2017Only if both prongs of the analysis are satisfied can the appealing party obtain relief." (Emphasis added; internal quotation marks omitted.) In re Jah'za G. , 141 Conn.App. 15 , 22, 60 A.3d 392 , cert. denied, 308 Conn. 926 , 64 A.3d 329 (2013).

2017Only if both prongs of the analysis are satisfied can the appealing party obtain relief." (Emphasis added; internal quotation marks omitted.) In re Jah'za G. , 141 Conn.App. 15 , 22, 60 A.3d 392 , cert. denied, 308 Conn. 926 , 64 A.3d 329 (2013).

2017See, e.g., Faretta v. California , 422 U.S. 806 , 819-20, 95 S.Ct. 2525 , 45 L.Ed.2d 562 (1975) (the sixth amendment "grants to the accused personally the right to make his defense ... for it is he who suffers the consequences if the defense fails"); State v. Bonilla , 317 Conn. 758 , 772, 120 A.3d 481 (2015) ("[o]ur well established approach to jury instructions and defenses respects the defendant's right to control the conduct of his own defense" [internal quotation marks omitted] ); State v. Peeler , 265 Conn. 460 , 470, 828 A.2d 1216 (2003) (observing that "a primary purpose of the sixth a

2017See, e.g., Faretta v. California , 422 U.S. 806 , 819-20, 95 S.Ct. 2525 , 45 L.Ed.2d 562 (1975) (the sixth amendment "grants to the accused personally the right to make his defense ... for it is he who suffers the consequences if the defense fails"); State v. Bonilla , 317 Conn. 758 , 772, 120 A.3d 481 (2015) ("[o]ur well established approach to jury instructions and defenses respects the defendant's right to control the conduct of his own defense" [internal quotation marks omitted] ); State v. Peeler , 265 Conn. 460 , 470, 828 A.2d 1216 (2003) (observing that "a primary purpose of the sixth a

2017See, e.g., Faretta v. California , 422 U.S. 806 , 819-20, 95 S.Ct. 2525 , 45 L.Ed.2d 562 (1975) (the sixth amendment "grants to the accused personally the right to make his defense ... for it is he who suffers the consequences if the defense fails"); State v. Bonilla , 317 Conn. 758 , 772, 120 A.3d 481 (2015) ("[o]ur well established approach to jury instructions and defenses respects the defendant's right to control the conduct of his own defense" [internal quotation marks omitted] ); State v. Peeler , 265 Conn. 460 , 470, 828 A.2d 1216 (2003) (observing that "a primary purpose of the sixth a

2017In State v. Whelan , supra, 200 Conn. at 753 , 513 A.2d 86 , our Supreme Court determined that an out-of-court statement is admissible as substantive evidence if (1) the statement is a prior inconsistent statement, (2) it is signed by the declarant, (3) the declarant has personal knowledge of the facts stated therein, and (4) the declarant testifies at trial and is subject to cross-examination.

2017In State v. Whelan , supra, 200 Conn. at 753 , 513 A.2d 86 , our Supreme Court determined that an out-of-court statement is admissible as substantive evidence if (1) the statement is a prior inconsistent statement, (2) it is signed by the declarant, (3) the declarant has personal knowledge of the facts stated therein, and (4) the declarant testifies at trial and is subject to cross-examination.

2017See, e.g., Faretta v. California , 422 U.S. 806 , 819-20, 95 S.Ct. 2525 , 45 L.Ed.2d 562 (1975) (the sixth amendment "grants to the accused personally the right to make his defense ... for it is he who suffers the consequences if the defense fails"); State v. Bonilla , 317 Conn. 758 , 772, 120 A.3d 481 (2015) ("[o]ur well established approach to jury instructions and defenses respects the defendant's right to control the conduct of his own defense" [internal quotation marks omitted] ); State v. Peeler , 265 Conn. 460 , 470, 828 A.2d 1216 (2003) (observing that "a primary purpose of the sixth a

2017See, e.g., Faretta v. California , 422 U.S. 806 , 819-20, 95 S.Ct. 2525 , 45 L.Ed.2d 562 (1975) (the sixth amendment "grants to the accused personally the right to make his defense ... for it is he who suffers the consequences if the defense fails"); State v. Bonilla , 317 Conn. 758 , 772, 120 A.3d 481 (2015) ("[o]ur well established approach to jury instructions and defenses respects the defendant's right to control the conduct of his own defense" [internal quotation marks omitted] ); State v. Peeler , 265 Conn. 460 , 470, 828 A.2d 1216 (2003) (observing that "a primary purpose of the sixth a

2017Rather, the party seeking plain error review must demonstrate that the claimed impropriety was so clear, obvious and indisputable as to warrant the extraordinary remedy of reversal." (Internal quotation marks omitted.) State v. Darryl W. , 303 Conn. 353 , 371-73, 33 A.3d 239 (2012). "[U]nder the second prong of the analysis we must determine whether the consequences of the error are so grievous as to be fundamentally unfair or manifestly unjust....

2017Rather, the party seeking plain error review must demonstrate that the claimed impropriety was so clear, obvious and indisputable as to warrant the extraordinary remedy of reversal." (Internal quotation marks omitted.) State v. Darryl W. , 303 Conn. 353 , 371-73, 33 A.3d 239 (2012). "[U]nder the second prong of the analysis we must determine whether the consequences of the error are so grievous as to be fundamentally unfair or manifestly unjust....