spoliation instruction (Connecticut) · Go Syfert
← Connecticut issues

spoliation instruction in Connecticut

7 Connecticut opinions name it 3 courts 1998–2020 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 (4)

CaseFollowedCited
Vodusek v. Bayliner Marine Corporationgreen
ca4 · 1995 · cited in 2 Connecticut opinions naming this issue, 1998–1998
2 sentences

1998Consequently, a party need not indicate its intent to invoke the spoliation rule in the pleadings." Id., 155-56.

1998Consequently, a party need not indicate its intent to invoke the spoliation rule in the pleadings." Id., 155-56 .

12
Oliver v. Stimson Lumber Co.green
mont · 1999 · cited in 1 Connecticut opinions naming this issue, 2006–2006
2 sentences

2006Holmes v. Amerex Rent-A-Car, 710 A.2d 846, 851 (D.C. 1998); see also Oliver v. Stimson Lumber Co., 297 Mont. 336, 350 , 993 P.2d 11 (1999) (same).

2006Holmes v. Amerex Rent-A-Car, 710 A.2d 846, 851 (D.C. 1998); see also Oliver v. Stimson Lumber Co., 297 Mont. 336, 350 , 993 P.2d 11 (1999) (same).

11
Holmes v. Amerex Rent-A-Cargreen
dc · 1998 · cited in 1 Connecticut opinions naming this issue, 2006–2006
2 sentences

2006Holmes v. Amerex Rent-A-Car, 710 A.2d 846, 851 (D.C.1998); see also Oliver v. Stimson Lumber Co., 297 Mont. 336, 350 , 993 P.2d 11 (1999) (same).

2006Holmes v. Amerex Rent-A-Car, 710 A.2d 846, 851 (D.C. 1998); see also Oliver v. Stimson Lumber Co., 297 Mont. 336, 350 , 993 P.2d 11 (1999) (same).

11
Cedars-Sinai Medical Center v. Superior Courtgreen
cal · 1998 · cited in 1 Connecticut opinions naming this issue, 2006–2006
2 sentences

2006See, e.g., Cedars-Sinai Medical Center v. Superior Court, supra, 18 Cal.4th at 15 , 74 Cal. Rptr.2d 248 , 954 P.2d 511 (costs imposed by tort of intentional spoliation of evidence outweigh benefits).

2006See, e.g., Cedars-Sinai Medical Center v. Superior Court, supra, 18 Cal.4th at 15 , 74 Cal. Rptr.2d 248 , 954 P.2d 511 (costs imposed by tort of intentional spoliation of evidence outweigh benefits).

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 (9)

CaseCitedYears
Beers v. Bayliner Marine Corp. green
conn · 1996
2 sentences

2020The trial court, applying the test set forth in Beers v. Bayliner Marine Corp., 236 Conn. 769 , 777–79, 675 A.2d 829 (1996), concluded that a spoliation instruction was warranted and, over the defendants’ objection, provided such an instruction to the jury at the end of the trial.

2020The trial court, applying the test set forth in Beers v. Bayliner Marine Corp., 236 Conn. 769 , 777–79, 675 A.2d 829 (1996), concluded that a spoliation instruction was warranted and, over the defendants’ objection, provided such an instruction to the jury at the end of the trial.

32017–2020
State v. Lopez green
conn · 2007
2 sentences

2020As this court has previously noted, a trial court acts well within its broad discretion when it restricts the scope of an argument ‘‘to prevent comment on facts that are not properly in evidence . . . .’’ (Inter- nal quotation marks omitted.) Jackson v. Water Pollu- tion Control Authority, 278 Conn. 692, 713 , 900 A.2d 498 (2006); cf. State v. Weatherspoon, 332 Conn. 531, 551 , 212 A.3d 208 (2019) (‘‘[w]hile the privilege of coun- sel in addressing the jury should not be too closely narrowed or unduly hampered, it must never be used as a license to state, or to comment [on], or to suggest an i

2020As this court has previously noted, a trial court acts well within its broad discretion when it restricts the scope of an argument ‘‘to prevent comment on facts that are not properly in evidence . . . .’’ (Inter- nal quotation marks omitted.) Jackson v. Water Pollu- tion Control Authority, 278 Conn. 692, 713 , 900 A.2d 498 (2006); cf. State v. Weatherspoon, 332 Conn. 531, 551 , 212 A.3d 208 (2019) (‘‘[w]hile the privilege of coun- sel in addressing the jury should not be too closely narrowed or unduly hampered, it must never be used as a license to state, or to comment [on], or to suggest an i

22020–2020
Jackson v. Water Pollution Control Authority green
conn · 2006
2 sentences

2020As this court has previously noted, a trial court acts well within its broad discretion when it restricts the scope of an argument ‘‘to prevent comment on facts that are not properly in evidence . . . .’’ (Inter- nal quotation marks omitted.) Jackson v. Water Pollu- tion Control Authority, 278 Conn. 692, 713 , 900 A.2d 498 (2006); cf. State v. Weatherspoon, 332 Conn. 531, 551 , 212 A.3d 208 (2019) (‘‘[w]hile the privilege of coun- sel in addressing the jury should not be too closely narrowed or unduly hampered, it must never be used as a license to state, or to comment [on], or to suggest an i

2020As this court has previously noted, a trial court acts well within its broad discretion when it restricts the scope of an argument ‘‘to prevent comment on facts that are not properly in evidence . . . .’’ (Inter- nal quotation marks omitted.) Jackson v. Water Pollu- tion Control Authority, 278 Conn. 692, 713 , 900 A.2d 498 (2006); cf. State v. Weatherspoon, 332 Conn. 531, 551 , 212 A.3d 208 (2019) (‘‘[w]hile the privilege of coun- sel in addressing the jury should not be too closely narrowed or unduly hampered, it must never be used as a license to state, or to comment [on], or to suggest an i

22020–2020
State v. Lopez green
conn · 2007
2 sentences

2020As this court has previously noted, a trial court acts well within its broad discretion when it restricts the scope of an argument ‘‘to prevent comment on facts that are not properly in evidence . . . .’’ (Inter- nal quotation marks omitted.) Jackson v. Water Pollu- tion Control Authority, 278 Conn. 692, 713 , 900 A.2d 498 (2006); cf. State v. Weatherspoon, 332 Conn. 531, 551 , 212 A.3d 208 (2019) (‘‘[w]hile the privilege of coun- sel in addressing the jury should not be too closely narrowed or unduly hampered, it must never be used as a license to state, or to comment [on], or to suggest an i

2020As this court has previously noted, a trial court acts well within its broad discretion when it restricts the scope of an argument ‘‘to prevent comment on facts that are not properly in evidence . . . .’’ (Inter- nal quotation marks omitted.) Jackson v. Water Pollu- tion Control Authority, 278 Conn. 692, 713 , 900 A.2d 498 (2006); cf. State v. Weatherspoon, 332 Conn. 531, 551 , 212 A.3d 208 (2019) (‘‘[w]hile the privilege of coun- sel in addressing the jury should not be too closely narrowed or unduly hampered, it must never be used as a license to state, or to comment [on], or to suggest an i

22020–2020
State v. Weatherspoon green
conn · 2019
2 sentences

2020As this court has previously noted, a trial court acts well within its broad discretion when it restricts the scope of an argument ‘‘to prevent comment on facts that are not properly in evidence . . . .’’ (Inter- nal quotation marks omitted.) Jackson v. Water Pollu- tion Control Authority, 278 Conn. 692, 713 , 900 A.2d 498 (2006); cf. State v. Weatherspoon, 332 Conn. 531, 551 , 212 A.3d 208 (2019) (‘‘[w]hile the privilege of coun- sel in addressing the jury should not be too closely narrowed or unduly hampered, it must never be used as a license to state, or to comment [on], or to suggest an i

2020As this court has previously noted, a trial court acts well within its broad discretion when it restricts the scope of an argument ‘‘to prevent comment on facts that are not properly in evidence . . . .’’ (Inter- nal quotation marks omitted.) Jackson v. Water Pollu- tion Control Authority, 278 Conn. 692, 713 , 900 A.2d 498 (2006); cf. State v. Weatherspoon, 332 Conn. 531, 551 , 212 A.3d 208 (2019) (‘‘[w]hile the privilege of coun- sel in addressing the jury should not be too closely narrowed or unduly hampered, it must never be used as a license to state, or to comment [on], or to suggest an i

22020–2020
State v. Asherman green
conn · 1984
2 sentences

2017The court determined that the spoliation test prescribed in State v. Asherman , supra, 193 Conn. 695 , 478 A.2d 227 , governed this case and that the plaintiff could not prevail under that test.

2017The court determined that the spoliation test prescribed in State v. Asherman , supra, 193 Conn. 695 , 478 A.2d 227 , governed this case and that the plaintiff could not prevail under that test.

12017–2017
State v. Morales green
conn · 1995
2 sentences

2017The Asherman balancing test is used to determine "whether the failure of the police to preserve potentially useful evidence had deprived a criminal defendant of due process of law under ... [our] state constitution" and requires the following factors to be weighed: "the materiality of the missing evidence, the likelihood of mistaken interpretation of it by witnesses or the jury, the reason for its nonavailability to the defense and the prejudice to the defendant caused by the unavailability of the evidence." (Citations omitted.) State v. Morales , 232 Conn. 707 , 719-20, 657 A.2d 585 (1995).

2017The Asherman balancing test is used to determine "whether the failure of the police to preserve potentially useful evidence had deprived a criminal defendant of due process of law under ... [our] state constitution" and requires the following factors to be weighed: "the materiality of the missing evidence, the likelihood of mistaken interpretation of it by witnesses or the jury, the reason for its nonavailability to the defense and the prejudice to the defendant caused by the unavailability of the evidence." (Citations omitted.) State v. Morales , 232 Conn. 707 , 719-20, 657 A.2d 585 (1995).

12017–2017
State v. Golding green
conn · 1989
2 sentences

2013We note that the defendant did not seek review of his unpreserved claim pursuant to State v. Golding, 213 Conn. 233, 239-40 , 567 A.2d 823 (1989), or the plain error doctrine set forth in Practice Book § 60-5.

2013We note that the defendant did not seek review of his unpreserved claim pursuant to State v. Golding, 213 Conn. 233, 239-40 , 567 A.2d 823 (1989), or the plain error doctrine set forth in Practice Book § 60-5.

12013–2013
Petrik v. Monarch Printing Corp. green
illappct · 1986
2 sentences

2006Id., at 250-51 , 103 Ill.Dec. 774 , 501 N.E.2d 1312 .

2006Id., at 250-51 , 103 Ill.Dec. 774 , 501 N.E.2d 1312 .

12006–2006

Statutes the citing opinions construe

CT § Conn. Gen. Stat. § 51-199 (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

TX 192 (1998–2026) NY 87 (1999–2026) IL 33 (1986–2025) OH 30 (2001–2026) IA 27 (1987–2026) GA 21 (2007–2025) RI 20 (1999–2025) PA 19 (1997–2022) FL 17 (1991–2025) MO 16 (1977–2025) MA 14 (1996–2025) CA 14 (1990–2023) IN 13 (1999–2025) MS 11 (2002–2020) ID 9 (1995–2023) NC 8 (2008–2025) MD 8 (2009–2021) CT 7 (1998–2020) WA 7 (2006–2021) LA 7 (2006–2024) AL 6 (1999–2015) SD 6 (2003–2025) NJ 6 (1993–2021) DC 5 (1990–2010) WI 5 (2002–2026) AZ 4 (2009–2023) WV 4 (2003–2018) MI 4 (2016–2020) AR 3 (1919–2024) MN 3 (1990–2018) TN 3 (2015–2018) KY 3 (2011–2023) AK 3 (1988–2021) HI 2 (2003–2025) UT 2 (1994–2014) DE 2 (2018–2025) NV 2 (2006–2010) CO 2 (2020–2021) VT 2 (2005–2023)

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.

← Caselaw search · G Cite Topics · Brief Check