per se exclusionary rule (Connecticut) · Go Syfert
← Connecticut issues

per se exclusionary rule in Connecticut

7 Connecticut opinions name it 2 courts 1979–2022 1 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)

CaseFollowedCited
United States v. Cortland Bay Fulton, Also Known as Tairu Owolabi Alabi, Cortland Bay Fulton v. Warden, Ray Brook Correctional Facilitygreen
ca2 · 1993 · cited in 1 Connecticut opinions naming this issue, 2022–2022
1 sentence

2022The United States Court of Appeals for the Second Circuit, however, has applied a per se exclusionary rule in an additional context—‘‘when an attorney is implicated in the crimes of his or her client because the attorney cannot be free from fear that a vigorous defense should lead the prosecutor or the trial judge to discover evidence of the attorney’s own wrongdoing.’’ (Internal quotation marks omitted.) Cardoza v. Rock, supra, 183 , quoting United States v. Fulton, 5 F.3d 605, 611 (2d Cir. 1993).

11
United States v. Lawrence Salvatore Iorizzogreen
ca2 · 1986 · cited in 1 Connecticut opinions naming this issue, 2022–2022
1 sentence

2022In all other cases, however, including those in which defense counsel previously represented the victim; see e.g., Mickens v. Taylor, supra, 164–65; or previously represented a witness in a case; see, e.g., United States v. Iorizzo, 786 F.2d 52 , 57–58 (2d Cir. 1986); the defendant must demonstrate that an actual conflict existed—i.e., one that ‘‘compelled [defense counsel] to compromise his or her duty of loyalty or zealous advocacy to the accused by choosing between or blending the divergent or competing interests of a former or current client.’’ Perillo v. Johnson, supra, 205 F.3d 781 .

11
State v. Courchesnegreen
conn · 2010 · cited in 1 Connecticut opinions naming this issue, 2013–2013
2 sentences

2013See State v. Courchesne, 296 Conn. 622, 710 , 998 A.2d 1 (2010) (“it is axiomatic that those who promulgate statutes ... do not intend to promulgate statutes . . . that lead to absurd consequences or bizarre results” [internal quotation marks omitted]).

2013See State v. Courchesne, 296 Conn. 622, 710 , 998 A.2d 1 (2010) (“it is axiomatic that those who promulgate statutes ... do not intend to promulgate statutes . . . that lead to absurd consequences or bizarre results” [internal quotation marks omitted]).

11
United States v. Julio Piccinonnagreen
ca11 · 1989 · cited in 1 Connecticut opinions naming this issue, 1997–1997
2 sentences

1997The court did emphasize, however, that “[n] either of these two modifications to the per se exclusionary rule should be construed to preempt or limit in any way the trial court’s discretion to exclude polygraph expert testimony on other grounds under the Federal Rules of Evidence.” Id., 1536 .

1997In United States v. Piccinonna, 885 F.2d 1529 (11th Cir. 1989), the Court of Appeals for the Eleventh Circuit, sitting en banc, abandoned the per se exclusionary rule regarding polygraph evidence, even before Daubert was decided. 15 “Since the Frye decision, tremendous advances have been made in polygraph instrumentation and technique. 16 Better equip ment is being used by more adequately trained polygraph administrators.

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 (7)

CaseCitedYears
Gilbert v. California green
scotus · 1967
2 sentences

2016Id.

1981Gilbert v. California, 388 U.S. 263, 272-74 , 87 S. Ct. 1951 , 18 L.

21981–2016
Manson v. Brathwaite green
scotus · 1977
2 sentences

2016Although both the per se exclusionary rule and the Biggers test help to keep unreliable evidence from the jury, "[t]he per se rule ... goes too far since its application automatically and peremptorily, and without consideration of alleviating factors, keeps evidence from the jury that is reliable and relevant." Id., at 112 , 97 S.Ct. 2243 .

2016Although both the per se exclusionary rule and the Biggers test help to keep unreliable evidence from the jury, "[t]he per se rule ... goes too far since its application automatically and peremptorily, and without consideration of alleviating factors, keeps evidence from the jury that is reliable and relevant." Id., at 112 , 97 S.Ct. 2243 .

21979–2016
Cardoza v. Rock green
ca2 · 2013
1 sentence

2022The United States Court of Appeals for the Second Circuit, however, has applied a per se exclusionary rule in an additional context—‘‘when an attorney is implicated in the crimes of his or her client because the attorney cannot be free from fear that a vigorous defense should lead the prosecutor or the trial judge to discover evidence of the attorney’s own wrongdoing.’’ (Internal quotation marks omitted.) Cardoza v. Rock, supra, 183 , quoting United States v. Fulton, 5 F.3d 605, 611 (2d Cir. 1993).

12022–2022
In re David W. green
conn · 2000
2 sentences

2009In re David W., 52 Conn. App. 576, 589-90 , 727 A.2d 264 (1999), rev’d, 254 Conn. 676 , 759 A.2d 89 (2000).

2009In re David W., 52 Conn. App. 576, 589-90 , 727 A.2d 264 (1999), rev’d, 254 Conn. 676 , 759 A.2d 89 (2000).

12009–2009
In re David W. neutral
connappct · 1999
2 sentences

2009In re David W., 52 Conn. App. 576, 589-90 , 727 A.2d 264 (1999), rev’d, 254 Conn. 676 , 759 A.2d 89 (2000).

2009In re David W., 52 Conn. App. 576, 589-90 , 727 A.2d 264 (1999), rev’d, 254 Conn. 676 , 759 A.2d 89 (2000).

12009–2009
Rock v. Arkansas green
scotus · 1987
1 sentence

1997The inaccuracies the process introduces can be reduced, although perhaps not eliminated, by the use of procedural safeguards.” (Citations omitted.) Id., 60 . 32 On the basis of Rock , one commentator has pointed out that a per se exclusionary rule regarding polygraph evidence violates a defendant’s constitutional right to present a defense.

11997–1997
Neil v. Biggers green
scotus · 1972
2 sentences

1979Ed. 2d 401 (1972), the United States Supreme Court expressly declined to adopt a per se exclusionary rule as regards "unnecessarily suggestive" identification procedures, holding instead that the admissibility of such evidence should be determined by "the totality of the circumstances." The court in Biggers emphasized that the central question in such situations is "whether ... the identification was reliable even though the confrontation procedure [used] was suggestive." Id., 199 .

1979Ed. 2d 401 (1972), the United States Supreme Court expressly declined to adopt a per se exclusionary rule as regards “unnecessarily suggestive” identification, procedures, holding instead that the admissibility of such evidence should be determined by “the totality of the circumstances.” The court in Biggers emphasized that the central question in such situations is “whether . . . the identification was reliable even though the confrontation procedure [used] was suggestive.” Id., 199 .

11979–1979

Where else courts name it

MO 21 (1970–1992) MI 18 (1969–2023) MD 18 (1968–2026) PA 18 (1973–2019) IA 14 (1973–2021) MA 12 (1974–2022) GA 12 (1971–1991) TN 11 (1972–2003) NY 10 (1978–2013) TX 9 (1980–2022) MS 9 (1968–2007) IL 8 (1972–2026) CT 7 (1979–2022) RI 7 (1973–1999) LA 6 (1989–2012) CO 6 (1973–2019) OH 5 (1969–2007) IN 5 (1972–2017) MN 5 (1974–2009) DC 5 (1978–1993) WI 5 (1974–2020) FL 4 (1975–1989) WV 4 (1978–2013) CA 4 (1977–2013) OK 3 (1972–1985) NM 3 (1975–2020) ME 3 (1972–1993) NC 3 (1972–1991) ID 3 (1973–1996) UT 2 (1994–2020) KS 2 (1984–2000) AK 2 (1974–1980)

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.

← Caselaw search · G Cite Topics · Brief Check