55 Connecticut opinions name it 3 courts 1939–2022 2 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.
| Case | Followed | Cited |
|---|---|---|
State v. Rowegreen2 sentences2007See State v. Rowe, 279 Conn. 139, 152 , 900 A.2d 1276 (2006). 2007See State v. Rowe, 279 Conn. 139, 152 , 900 A.2d 1276 (2006). | 2 | 2 |
State v. Goldinggreen2 sentences2022State v. Qayyum, supra, 201 Conn. App. 879 n.3. ‘‘Although a defendant is entitled to review of unpreserved errors of constitutional magnitude under [State v. Golding, 213 Conn. 233 , 239–40, 567 A.2d 823 (1989), as modified by In re Yasiel R., 317 Conn. 773 , 781, 120 A.3d 1188 (2015)], the defendant makes no claim that the admission of the testimony that he challenges on appeal rises to the level of a constitutional violation.’’ (Emphasis omitted.) State v. Gonzalez, 272 Conn. 515, 540 , 864 A.2d 847 (2005). 6 During oral argument before this court, the defendant’s appellate counsel was aske 2022State v. Qayyum, supra, 201 Conn. App. 879 n.3. ‘‘Although a defendant is entitled to review of unpreserved errors of constitutional magnitude under [State v. Golding, 213 Conn. 233 , 239–40, 567 A.2d 823 (1989), as modified by In re Yasiel R., 317 Conn. 773 , 781, 120 A.3d 1188 (2015)], the defendant makes no claim that the admission of the testimony that he challenges on appeal rises to the level of a constitutional violation.’’ (Emphasis omitted.) State v. Gonzalez, 272 Conn. 515, 540 , 864 A.2d 847 (2005). 6 During oral argument before this court, the defendant’s appellate counsel was aske | 1 | 3 |
State v. Geislergreen2 sentences1995Thus, he claims that, “if the prosecutor’s conduct has run afoul of the Bat-son standards, a fortiori the defendant’s rights to a fair cross-section jury panel under article first, §§ 1 and 8, have been infringed.” Because the defendant makes this claim without adequate analysis under the state constitution; see State v. Geisler, 222 Conn. 672, 685 , 610 A.2d 1225 (1992) (analysis should include examination of [1] text of constitutional provisions, [2] state case law interpreting provisions, [3] federal precedent, [4] precedent of other jurisdictions, [5] historical factors, and [6] economic o 1995Thus, he claims that, “if the prosecutor’s conduct has run afoul of the Bat-son standards, a fortiori the defendant’s rights to a fair cross-section jury panel under article first, §§ 1 and 8, have been infringed.” Because the defendant makes this claim without adequate analysis under the state constitution; see State v. Geisler, 222 Conn. 672, 685 , 610 A.2d 1225 (1992) (analysis should include examination of [1] text of constitutional provisions, [2] state case law interpreting provisions, [3] federal precedent, [4] precedent of other jurisdictions, [5] historical factors, and [6] economic o | 1 | 2 |
Batson v. Kentuckygreen2 sentences2014See id., 96–98. 1988We note that the holding in Batson v. Kentucky, 476 U.S. 79 , 106 S. Ct. 1712 , 90 L. | 1 | 2 |
Miranda v. Arizonagreen2 sentences1987“We have held: ‘Although the Miranda warnings were originally effective in state prosecutions only because they were a component of due process of law under the fourteenth amendment; Miranda v. Arizona, [ 384 U.S. 436, 463-65 , 86 S. Ct. 1602 , 16 L. 1987“We have held: ‘Although the Miranda warnings were originally effective in state prosecutions only because they were a component of due process of law under the fourteenth amendment; Miranda v. Arizona, [ 384 U.S. 436, 463-65 , 86 S. Ct. 1602 , 16 L. | 1 | 2 |
State v. Jonesgreen2 sentences2019See State v. Jones , 140 Conn. App. 455 , 466, 59 A.3d 320 (2013) ("there exists no legal basis that suggests that our state constitution provides the defendant any broader protection to confront a witness against him"), aff'd, 314 Conn. 410 , 102 A.3d 694 (2014). 2019See State v. Jones , 140 Conn. App. 455 , 466, 59 A.3d 320 (2013) ("there exists no legal basis that suggests that our state constitution provides the defendant any broader protection to confront a witness against him"), aff'd, 314 Conn. 410 , 102 A.3d 694 (2014). | 1 | 1 |
State v. Seeleygreen2 sentences2018See State v. Seeley , 326 Conn. 65 , 67 n.3, 161 A.3d 1278 (2017) ("[W]hen a motion for [a judgment of acquittal] at the close of the state's evidence is denied, a defendant may not secure appellate review of the trial court's ruling without [forgoing] the right to put on evidence in his or her own behalf. 2018See State v. Seeley , 326 Conn. 65 , 67 n.3, 161 A.3d 1278 (2017) ("[W]hen a motion for [a judgment of acquittal] at the close of the state's evidence is denied, a defendant may not secure appellate review of the trial court's ruling without [forgoing] the right to put on evidence in his or her own behalf. | 1 | 1 |
State v. Sealygreen1 sentence2014We also note that the mere fact that someone uses a prohibited weapon in a manner other than that for which it is manufactured would not alter the classification of the item. 13 See footnote 8 of this opinion. 14 See State v. Campbell, 116 Conn. App. 440 , 445 n.3, 975 A.2d 757 (2009) (‘‘the [trial] court [improperly] characterized the residence or place of abode exception as the second element of the crime’’ under § 53-206 [b] because ‘‘[t]he claim that a defendant is within his residence or place of abode while possessing the weapon is a defense to the crime of carrying a dangerous weapon, n | 1 | 1 |
State v. Valinskigreen2 sentences2014We also note that the mere fact that someone uses a prohibited weapon in a manner other than that for which it is manufactured would not alter the classification of the item. 13 See footnote 8 of this opinion. 14 See State v. Campbell, 116 Conn. App. 440 , 445 n.3, 975 A.2d 757 (2009) (‘‘the [trial] court [improperly] characterized the residence or place of abode exception as the second element of the crime’’ under § 53-206 [b] because ‘‘[t]he claim that a defendant is within his residence or place of abode while possessing the weapon is a defense to the crime of carrying a dangerous weapon, n 2014We also note that the mere fact that someone uses a prohibited weapon in a manner other than that for which it is manufactured would not alter the classification of the item. 13 See footnote 8 of this opinion. 14 See State v. Campbell, 116 Conn. App. 440 , 445 n.3, 975 A.2d 757 (2009) (‘‘the [trial] court [improperly] characterized the residence or place of abode exception as the second element of the crime’’ under § 53-206 [b] because ‘‘[t]he claim that a defendant is within his residence or place of abode while possessing the weapon is a defense to the crime of carrying a dangerous weapon, n | 1 | 1 |
United States v. Gonzalez-Lopezgreen2 sentences2006See United States v. Gonzalez-Lopez, 548 U.S. 140 , 126 S. Ct. 2557 , 165 L. 2006See United States v. Gonzalez-Lopez, 548 U.S. 140 , 126 S. Ct. 2557 , 165 L. | 1 | 1 |
| State v. Careygreen | 1 | 1 |
| Billington v. Billingtongreen | 1 | 1 |
| State v. Ephraimgreen | 1 | 1 |
| State v. Lagogreen | 1 | 1 |
| State v. Ephraimgreen | 1 | 1 |
| State v. McMurraygreen | 1 | 1 |
| State v. Wallacegreen | 1 | 1 |
| Michigan v. Mosleygreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Connecticut. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Nieves
green
2 sentences2019On point with this case is State v. Nieves, 89 Conn. App. 410, 417 , 873 A.2d 1066 , cert. denied, 275 Conn. 906 , 882 A.2d 679 (2005). 2019On point with this case is State v. Nieves, 89 Conn. App. 410, 417 , 873 A.2d 1066 , cert. denied, 275 Conn. 906 , 882 A.2d 679 (2005). | 2 | 2019–2019 |
State v. Russo
green
2 sentences2019On point with this case is State v. Nieves, 89 Conn. App. 410, 417 , 873 A.2d 1066 , cert. denied, 275 Conn. 906 , 882 A.2d 679 (2005). 2019On point with this case is State v. Nieves, 89 Conn. App. 410, 417 , 873 A.2d 1066 , cert. denied, 275 Conn. 906 , 882 A.2d 679 (2005). | 2 | 2019–2019 |
State v. Nieves
green
2 sentences2019On point with this case is State v. Nieves, 89 Conn. App. 410, 417 , 873 A.2d 1066 , cert. denied, 275 Conn. 906 , 882 A.2d 679 (2005). 2019On point with this case is State v. Nieves, 89 Conn. App. 410, 417 , 873 A.2d 1066 , cert. denied, 275 Conn. 906 , 882 A.2d 679 (2005). | 2 | 2019–2019 |
Nowak v. Nowak
green
2 sentences1994Clearly, it is not; Nowak v. Nowak, 175 Conn. 112 , 116 (1978); P.B. 1994Clearly, it is not; Nowak v. Nowak, 175 Conn. 112 , 116 (1978); P.B. | 2 | 1994–1994 |
State v. Gonzalez
green
2 sentences2022State v. Qayyum, supra, 201 Conn. App. 879 n.3. ‘‘Although a defendant is entitled to review of unpreserved errors of constitutional magnitude under [State v. Golding, 213 Conn. 233 , 239–40, 567 A.2d 823 (1989), as modified by In re Yasiel R., 317 Conn. 773 , 781, 120 A.3d 1188 (2015)], the defendant makes no claim that the admission of the testimony that he challenges on appeal rises to the level of a constitutional violation.’’ (Emphasis omitted.) State v. Gonzalez, 272 Conn. 515, 540 , 864 A.2d 847 (2005). 6 During oral argument before this court, the defendant’s appellate counsel was aske 2022State v. Qayyum, supra, 201 Conn. App. 879 n.3. ‘‘Although a defendant is entitled to review of unpreserved errors of constitutional magnitude under [State v. Golding, 213 Conn. 233 , 239–40, 567 A.2d 823 (1989), as modified by In re Yasiel R., 317 Conn. 773 , 781, 120 A.3d 1188 (2015)], the defendant makes no claim that the admission of the testimony that he challenges on appeal rises to the level of a constitutional violation.’’ (Emphasis omitted.) State v. Gonzalez, 272 Conn. 515, 540 , 864 A.2d 847 (2005). 6 During oral argument before this court, the defendant’s appellate counsel was aske | 1 | 2022–2022 |
State v. Coleman
green
1 sentence2021Id., 527 . | 1 | 2021–2021 |
State v. Ayala
green
2 sentences2021In any event, ‘‘[b]efore the commencement of trial, a prosecutor has broad authority to amend an information under Prac- tice Book § [36-17]’’; (internal quotation marks omitted) State v. Ayala, 324 Conn. 571, 585 , 153 A.3d 588 (2017); and the defendant makes no claim on appeal that the filing of the kidnapping charges by the state was vindictive or otherwise improper. 12 The defendant’s claim of a due process violation is limited to the federal constitution; he makes no claim under the due process provisions of the state constitution. 13 The state also argues in the alternative that the defe 2021In any event, ‘‘[b]efore the commencement of trial, a prosecutor has broad authority to amend an information under Prac- tice Book § [36-17]’’; (internal quotation marks omitted) State v. Ayala, 324 Conn. 571, 585 , 153 A.3d 588 (2017); and the defendant makes no claim on appeal that the filing of the kidnapping charges by the state was vindictive or otherwise improper. 12 The defendant’s claim of a due process violation is limited to the federal constitution; he makes no claim under the due process provisions of the state constitution. 13 The state also argues in the alternative that the defe | 1 | 2021–2021 |
Traylor v. Gambrell
green
1 sentence2020See State v. Baccala, supra, 326 Conn. 251–56. 7 Specifically, we certified the following issue: ‘‘Did the Appellate Court properly conclude that the defendant’s conviction for breach of the peace in the second degree had to be reversed in light of the holding in [Baccala] . . . ?’’ (Citation omitted.) State v. Liebenguth, supra, 330 Conn. 901 . 8 The defendant makes no claim that, in the event we disagree with the Appellate Court that his speech was protected by the first amendment to the United States constitution, his conviction nevertheless was barred by the free speech provisions of artic | 1 | 2020–2020 |
State v. Floyd
green
2 sentences2018"A party attacking the constitutionality of a validly enacted statute bears the heavy burden of proving its unconstitutionality beyond a reasonable doubt." State v. Floyd , 217 Conn. 73 , 79, 584 A.2d 1157 (1991). 2018"A party attacking the constitutionality of a validly enacted statute bears the heavy burden of proving its unconstitutionality beyond a reasonable doubt." State v. Floyd , 217 Conn. 73 , 79, 584 A.2d 1157 (1991). | 1 | 2018–2018 |
Riffin v. Surface Transp. Bd.
green
1 sentence2018"The constitutionality of a statute presents a question of law over which our review is *303 plenary." (Internal quotation marks omitted.) State v. Book , 155 Conn. App. 560 , 564, 109 A.3d 1027 , cert. denied, 318 Conn. 901 , 122 A.3d 632 (2015), cert. denied, --- U.S. ----, 136 S.Ct. 2029 , 195 L.Ed.2d 219 (2016). | 1 | 2018–2018 |
Garcia v. Johnson
green
1 sentence2018"The constitutionality of a statute presents a question of law over which our review is *303 plenary." (Internal quotation marks omitted.) State v. Book , 155 Conn. App. 560 , 564, 109 A.3d 1027 , cert. denied, 318 Conn. 901 , 122 A.3d 632 (2015), cert. denied, --- U.S. ----, 136 S.Ct. 2029 , 195 L.Ed.2d 219 (2016). | 1 | 2018–2018 |
State v. Campbell
neutral
2 sentences2014We also note that the mere fact that someone uses a prohibited weapon in a manner other than that for which it is manufactured would not alter the classification of the item. 13 See footnote 8 of this opinion. 14 See State v. Campbell, 116 Conn. App. 440 , 445 n.3, 975 A.2d 757 (2009) (‘‘the [trial] court [improperly] characterized the residence or place of abode exception as the second element of the crime’’ under § 53-206 [b] because ‘‘[t]he claim that a defendant is within his residence or place of abode while possessing the weapon is a defense to the crime of carrying a dangerous weapon, n 2014We also note that the mere fact that someone uses a prohibited weapon in a manner other than that for which it is manufactured would not alter the classification of the item. 13 See footnote 8 of this opinion. 14 See State v. Campbell, 116 Conn. App. 440 , 445 n.3, 975 A.2d 757 (2009) (‘‘the [trial] court [improperly] characterized the residence or place of abode exception as the second element of the crime’’ under § 53-206 [b] because ‘‘[t]he claim that a defendant is within his residence or place of abode while possessing the weapon is a defense to the crime of carrying a dangerous weapon, n | 1 | 2014–2014 |
Gordon v. HNS MANAGEMENT CO., INC.
green
2 sentences2014Management Co., 272 Conn. 81, 98 , 861 A.2d 1160 (2004) (identifying ‘‘criteria for determining whether a corporate entity is an arm of the state entitled to assert sovereign immunity as a defense’’); the defendant makes no claim, and there is no evidence in the record or finding by the trial court, that the corporation meets these criteria. 2014Management Co., 272 Conn. 81, 98 , 861 A.2d 1160 (2004) (identifying ‘‘criteria for determining whether a corporate entity is an arm of the state entitled to assert sovereign immunity as a defense’’); the defendant makes no claim, and there is no evidence in the record or finding by the trial court, that the corporation meets these criteria. | 1 | 2014–2014 |
State v. Campbell
green
2 sentences2014We also note that the mere fact that someone uses a prohibited weapon in a manner other than that for which it is manufactured would not alter the classification of the item. 13 See footnote 8 of this opinion. 14 See State v. Campbell, 116 Conn. App. 440 , 445 n.3, 975 A.2d 757 (2009) (‘‘the [trial] court [improperly] characterized the residence or place of abode exception as the second element of the crime’’ under § 53-206 [b] because ‘‘[t]he claim that a defendant is within his residence or place of abode while possessing the weapon is a defense to the crime of carrying a dangerous weapon, n 2014We also note that the mere fact that someone uses a prohibited weapon in a manner other than that for which it is manufactured would not alter the classification of the item. 13 See footnote 8 of this opinion. 14 See State v. Campbell, 116 Conn. App. 440 , 445 n.3, 975 A.2d 757 (2009) (‘‘the [trial] court [improperly] characterized the residence or place of abode exception as the second element of the crime’’ under § 53-206 [b] because ‘‘[t]he claim that a defendant is within his residence or place of abode while possessing the weapon is a defense to the crime of carrying a dangerous weapon, n | 1 | 2014–2014 |
Lach v. Welch
green
1 sentence2013Moreover, the prosecutor’s act of pursuing the charges against the defendant “authenticated the information even more effectively than his signature could have done.” Id., 581 . | 1 | 2013–2013 |
McBurney v. Cirillo
green
2 sentences2009The defendant makes no claim on appeal with respect to that finding. 2 General Statutes § 47-37 provides: “No person may acquire a right-of-way or any other easement from, in, upon or over the land of another, by *192 the adverse use or enjoyment thereof, unless the use has been continued uninterrupted for fifteen years.” 3 We note that “[i]f one party’s period of use or possession is insufficient to satisfy the fifteen year requirement, that party may ‘tack on’ the period of use or possession of someone who is in privity with the party, a relationship that may be established by showing a tran 2009The defendant makes no claim on appeal with respect to that finding. 2 General Statutes § 47-37 provides: “No person may acquire a right-of-way or any other easement from, in, upon or over the land of another, by *192 the adverse use or enjoyment thereof, unless the use has been continued uninterrupted for fifteen years.” 3 We note that “[i]f one party’s period of use or possession is insufficient to satisfy the fifteen year requirement, that party may ‘tack on’ the period of use or possession of someone who is in privity with the party, a relationship that may be established by showing a tran | 1 | 2009–2009 |
In Re Allison G.
green
2 sentences2009In this instance, the defendant makes no such claim; rather, he claims to be aggrieved by a pretrial decision of the court not connected to its judgment. [2] For example, in the matter of In re Allison G., 276 Conn. 146 , 883 A.2d 1226 (2005), our Supreme Court permitted an appeal by the department of children and families (department) even though the trial court had found in favor of the department on one count of a two count petition alleging, in one count that the child was uncared for and, in another count, that the child was neglected. 2009In this instance, the defendant makes no such claim; rather, he claims to be aggrieved by a pretrial decision of the court not connected to its judgment. [2] For example, in the matter of In re Allison G., 276 Conn. 146 , 883 A.2d 1226 (2005), our Supreme Court permitted an appeal by the department of children and families (department) even though the trial court had found in favor of the department on one count of a two count petition alleging, in one count that the child was uncared for and, in another count, that the child was neglected. | 1 | 2009–2009 |
Swenson v. Dittner
green
2 sentences2009The essential elements are a use which is open, visible, continuous and uninterrupted for fifteen years and made under a claim of right.” (Citations omitted.) Swenson v. Dittner, 183 Conn. 289, 294 , 439 A.2d 334 (1981). 2009The essential elements are a use which is open, visible, continuous and uninterrupted for fifteen years and made under a claim of right.” (Citations omitted.) Swenson v. Dittner, 183 Conn. 289, 294 , 439 A.2d 334 (1981). | 1 | 2009–2009 |
State v. Hernandez
green
2 sentences2008Cf. State v. Hernandez, 218 Conn. 458 , 590 A.2d 112 (1991). 2008Cf. State v. Hernandez, 218 Conn. 458 , 590 A.2d 112 (1991). | 1 | 2008–2008 |
State v. Tomasko
green
2 sentences2007Because the defendant has failed to provide analysis in pursuit of his claim, we decline to afford them review. [3] The defendant was charged with nine counts related to his sexual assault of C and H on September 12, 2002, and his sexual assault of K between October, 1994, and October, 1996. [4] Additional facts will be referred to where they are pertinent to a discussion of a specific claim of error. [5] The defendant makes no claim that the state violated Connecticut's wiretapping statutes, General Statutes § 54-41a et seq. [6] We note that although the court denied the defendant's motion to 2007Because the defendant has failed to provide analysis in pursuit of his claim, we decline to afford them review. [3] The defendant was charged with nine counts related to his sexual assault of C and H on September 12, 2002, and his sexual assault of K between October, 1994, and October, 1996. [4] Additional facts will be referred to where they are pertinent to a discussion of a specific claim of error. [5] The defendant makes no claim that the state violated Connecticut's wiretapping statutes, General Statutes § 54-41a et seq. [6] We note that although the court denied the defendant's motion to | 1 | 2007–2007 |
| State v. Padua green | 1 | 2006–2006 |
| State v. DePastino green | 1 | 2005–2005 |
| State v. Ramos green | 1 | 2004–2004 |
| Bryan v. Commissioner of Public Health green | 1 | 2004–2004 |
| State v. Jordan green | 1 | 2004–2004 |
| State v. Smith green | 1 | 2004–2004 |
| State v. Gray green | 1 | 2003–2003 |
| Brown v. North Carolina green | 1 | 2003–2003 |
| Singh v. Singh green | 1 | 1999–1999 |
| Lomas & Nettleton Co. v. City of Waterbury green | 1 | 1999–1999 |
| Malloy v. Hogan green | 1 | 1996–1996 |
| Whalen v. United States green | 1 | 1991–1991 |
| Eamiello v. Liberty Mobile Home Sales, Inc. green | 1 | 1988–1988 |
| State v. Foshay green | 1 | 1988–1988 |
| State v. Evans green | 1 | 1985–1985 |
| Hess v. Pawloski green | 1 | 1983–1983 |
| Taylor v. Robinson green | 1 | 1982–1982 |
| Amato v. Desenti green | 1 | 1977–1977 |
| State v. Mullings green | 1 | 1976–1976 |
| State v. Annunziato green | 1 | 1976–1976 |
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.
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.