defense nor an affirmative defense (Connecticut) · Go Syfert
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defense nor an affirmative defense in Connecticut

7 Connecticut opinions name it 2 courts 1986–2017 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.

Followed or applied (2)

CaseFollowedCited
State v. Folsongreen
connappct · 1987 · cited in 1 Connecticut opinions naming this issue, 2002–2002
2 sentences

2002The court denied the defendant’s request to charge on intoxication, and the defendant excepted to the court’s refusal to grant his request. 28 The defendant claims that his statement regarding his drinking vodka might have raised a reasonable doubt as to the existence of his specific intent to commit murder. “[Wjhile intoxication is neither a defense nor an affirmative defense to a murder charge in Connecticut, evidence of a defendant’s intoxication is relevant to negate specific intent which is an essential element of the crime of murder.” (Internal quotation marks omitted.) State v. Austin,

2002The court denied the defendant’s request to charge on intoxication, and the defendant excepted to the court’s refusal to grant his request. 28 The defendant claims that his statement regarding his drinking vodka might have raised a reasonable doubt as to the existence of his specific intent to commit murder. “[Wjhile intoxication is neither a defense nor an affirmative defense to a murder charge in Connecticut, evidence of a defendant’s intoxication is relevant to negate specific intent which is an essential element of the crime of murder.” (Internal quotation marks omitted.) State v. Austin,

11
State v. Traficondagreen
conn · 1992 · cited in 1 Connecticut opinions naming this issue, 1998–1998
2 sentences

1998The state always has the burden of proving beyond a reasonable doubt that the defendant was capable of forming the required specific intent.” As a preliminary matter, we note that “[w]hile intoxication is neither a defense nor an affirmative defense to a murder charge in Connecticut, evidence of a defendant’s intoxication is relevant to negate specific intent which is an essential element of the crime of murder.” State v. Stevenson, supra, 198 Conn. 568 ; see State v. Traficonda, 223 Conn. 273, 279 , 612 A.2d 45 (1992) (“ ‘criminal defendant’s intoxication is relevant to the determination of h

1998The state always has the burden of proving beyond a reasonable doubt that the defendant was capable of forming the required specific intent.” As a preliminary matter, we note that “[w]hile intoxication is neither a defense nor an affirmative defense to a murder charge in Connecticut, evidence of a defendant’s intoxication is relevant to negate specific intent which is an essential element of the crime of murder.” State v. Stevenson, supra, 198 Conn. 568 ; see State v. Traficonda, 223 Conn. 273, 279 , 612 A.2d 45 (1992) (“ ‘criminal defendant’s intoxication is relevant to the determination of h

11

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 (11)

CaseCitedYears
State v. Austin green
conn · 1998
2 sentences

2008State v. Austin, 244 Conn. 226, 239 , 710 A.2d 732 (1998) (“[w]hile intoxication is neither a defense nor an affirmative defense to a murder charge in Connecticut, evidence of a defendant’s intoxication is relevant to negate specific intent which is an essential element of the crime of murder” [internal quotation marks omitted]).

2008State v. Austin, 244 Conn. 226, 239 , 710 A.2d 732 (1998) (“[w]hile intoxication is neither a defense nor an affirmative defense to a murder charge in Connecticut, evidence of a defendant’s intoxication is relevant to negate specific intent which is an essential element of the crime of murder” [internal quotation marks omitted]).

22002–2008
State v. Stevenson green
conn · 1986
2 sentences

2017"While intoxication is neither a defense nor an affirmative defense to a murder charge in Connecticut, evidence of a defendant's intoxication is relevant to negate specific intent which is an essential element of the crime of murder." State v. Stevenson , 198 Conn. 560 , 568, 504 A.2d 1029 (1986) ; see General Statutes § 53a-7 ("[i]ntoxication shall not be a defense to a criminal charge, but in any prosecution for an offense evidence of intoxication of the defendant may be offered by the defendant whenever it is relevant to negate an element of the crime charged").

2017"While intoxication is neither a defense nor an affirmative defense to a murder charge in Connecticut, evidence of a defendant's intoxication is relevant to negate specific intent which is an essential element of the crime of murder." State v. Stevenson , 198 Conn. 560 , 568, 504 A.2d 1029 (1986) ; see General Statutes § 53a-7 ("[i]ntoxication shall not be a defense to a criminal charge, but in any prosecution for an offense evidence of intoxication of the defendant may be offered by the defendant whenever it is relevant to negate an element of the crime charged").

12017–2017
Cable v. BIC Corp. green
conn · 2003
1 sentence

2006“Intoxication, as used in General Statutes § 53a-7, means a substantial disturbance of mental or physical capacities resulting from the introduction of substances into the body.” (Internal quotation marks omitted.) Lindo v. Mullaney, 78 Conn. App. 827, 835 , 829 A.2d 86 , cert. denied, 266 Conn. 920 , 835 A.2d 60 (2003). “[Wjhile intoxication is neither a defense nor an affirmative defense to a murder charge in Connecticut, evidence of a defendant’s intoxication is relevant to negate specific intent which is an essential element of the crime of murder. . . .

12006–2006
Lindo v. Mullaney green
conn · 2003
1 sentence

2006“Intoxication, as used in General Statutes § 53a-7, means a substantial disturbance of mental or physical capacities resulting from the introduction of substances into the body.” (Internal quotation marks omitted.) Lindo v. Mullaney, 78 Conn. App. 827, 835 , 829 A.2d 86 , cert. denied, 266 Conn. 920 , 835 A.2d 60 (2003). “[Wjhile intoxication is neither a defense nor an affirmative defense to a murder charge in Connecticut, evidence of a defendant’s intoxication is relevant to negate specific intent which is an essential element of the crime of murder. . . .

12006–2006
Lindo v. Mullaney neutral
connappct · 2003
2 sentences

2006“Intoxication, as used in General Statutes § 53a-7, means a substantial disturbance of mental or physical capacities resulting from the introduction of substances into the body.” (Internal quotation marks omitted.) Lindo v. Mullaney, 78 Conn. App. 827, 835 , 829 A.2d 86 , cert. denied, 266 Conn. 920 , 835 A.2d 60 (2003). “[Wjhile intoxication is neither a defense nor an affirmative defense to a murder charge in Connecticut, evidence of a defendant’s intoxication is relevant to negate specific intent which is an essential element of the crime of murder. . . .

2006“Intoxication, as used in General Statutes § 53a-7, means a substantial disturbance of mental or physical capacities resulting from the introduction of substances into the body.” (Internal quotation marks omitted.) Lindo v. Mullaney, 78 Conn. App. 827, 835 , 829 A.2d 86 , cert. denied, 266 Conn. 920 , 835 A.2d 60 (2003). “[Wjhile intoxication is neither a defense nor an affirmative defense to a murder charge in Connecticut, evidence of a defendant’s intoxication is relevant to negate specific intent which is an essential element of the crime of murder. . . .

12006–2006
State v. Ashby green
conn · 2000
1 sentence

2002Furthermore, [ijntent to cause death may be inferred from the type of weapon used, the manner in which it was used, the type of wound inflicted and the events leading to and immediately following the death.” (Internal quotation marks omitted.) State v. Young, 56 Conn. App. 831, 836 , 746 A.2d 795 , cert. denied, 253 Conn. 904 , 753 A.2d 939 (2000). “[W]hile intoxication is neither a defense nor an affirmative defense to a murder charge in Connecticut, evidence of a defendant’s intoxication is relevant to negate specific intent which is an essential element of the crime of murder.” (Internal qu

12002–2002
Ambrogio v. Beaver Road Associates green
conn · 2000
1 sentence

2002Furthermore, [ijntent to cause death may be inferred from the type of weapon used, the manner in which it was used, the type of wound inflicted and the events leading to and immediately following the death.” (Internal quotation marks omitted.) State v. Young, 56 Conn. App. 831, 836 , 746 A.2d 795 , cert. denied, 253 Conn. 904 , 753 A.2d 939 (2000). “[W]hile intoxication is neither a defense nor an affirmative defense to a murder charge in Connecticut, evidence of a defendant’s intoxication is relevant to negate specific intent which is an essential element of the crime of murder.” (Internal qu

12002–2002
State v. Rodriguez green
connappct · 1997
2 sentences

2002“Because the state has the burden of proving the element of specific intent, the quantum of evidence essential to warrant consideration of the effect of intoxication on the defendant can be no greater than that which might have raised a reasonable doubt as to the existence of the specified mental state.” (Internal quotation marks omitted.) State v. Rodriguez, 44 Conn. App. 818, 822 , 692 A.2d 846 , cert. denied, 242 Conn. 902 , 697 A.2d 363 (1997).

2002“Because the state has the burden of proving the element of specific intent, the quantum of evidence essential to warrant consideration of the effect of intoxication on the defendant can be no greater than that which might have raised a reasonable doubt as to the existence of the specified mental state.” (Internal quotation marks omitted.) State v. Rodriguez, 44 Conn. App. 818, 822 , 692 A.2d 846 , cert. denied, 242 Conn. 902 , 697 A.2d 363 (1997).

12002–2002
State v. Young green
connappct · 2000
2 sentences

2002Furthermore, [ijntent to cause death may be inferred from the type of weapon used, the manner in which it was used, the type of wound inflicted and the events leading to and immediately following the death.” (Internal quotation marks omitted.) State v. Young, 56 Conn. App. 831, 836 , 746 A.2d 795 , cert. denied, 253 Conn. 904 , 753 A.2d 939 (2000). “[W]hile intoxication is neither a defense nor an affirmative defense to a murder charge in Connecticut, evidence of a defendant’s intoxication is relevant to negate specific intent which is an essential element of the crime of murder.” (Internal qu

2002Furthermore, [ijntent to cause death may be inferred from the type of weapon used, the manner in which it was used, the type of wound inflicted and the events leading to and immediately following the death.” (Internal quotation marks omitted.) State v. Young, 56 Conn. App. 831, 836 , 746 A.2d 795 , cert. denied, 253 Conn. 904 , 753 A.2d 939 (2000). “[W]hile intoxication is neither a defense nor an affirmative defense to a murder charge in Connecticut, evidence of a defendant’s intoxication is relevant to negate specific intent which is an essential element of the crime of murder.” (Internal qu

12002–2002
State v. Crawford green
conn · 1976
2 sentences

1986General Statutes § 53a-7; 10 State v. D’Antuono, 186 Conn. 414, 423 , 441 A.2d 846 (1982); State v. Crawford, 172 Conn. 65, 70 , 372 A.2d 154 (1976).

1986General Statutes § 53a-7; 10 State v. D’Antuono, 186 Conn. 414, 423 , 441 A.2d 846 (1982); State v. Crawford, 172 Conn. 65, 70 , 372 A.2d 154 (1976).

11986–1986
State v. D'ANTUONO green
conn · 1982
2 sentences

1986General Statutes § 53a-7; 10 State v. D’Antuono, 186 Conn. 414, 423 , 441 A.2d 846 (1982); State v. Crawford, 172 Conn. 65, 70 , 372 A.2d 154 (1976).

1986General Statutes § 53a-7; 10 State v. D’Antuono, 186 Conn. 414, 423 , 441 A.2d 846 (1982); State v. Crawford, 172 Conn. 65, 70 , 372 A.2d 154 (1976).

11986–1986

Statutes the citing opinions construe

CT § Conn. Gen. Stat. § 53a-54a (7) CT § Conn. Gen. Stat. § 53a-7 (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

CT 7 (1986–2017) NM 2 (2023–2023)

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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