residual exception (Connecticut) · Go Syfert
← Connecticut issues

residual exception in Connecticut

51 Connecticut opinions name it 3 courts 1988–2025 7 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 (26)

CaseFollowedCited
State v. Hinesgreen
conn · 1998 · cited in 5 Connecticut opinions naming this issue, 2002–2010
2 sentences

2005A hearsay statement that does not fall within one of the traditional exceptions to the hearsay rule nevertheless may be admissible under the residual exception to the hearsay rule provided that the proponent’s use of the statement is reasonably necessary and the statement itself is ‘supported by equivalent guarantees of trustworthiness and reliability that are essential to other evidence admitted under traditional exceptions to the hearsay rule.’ Conn. Code Evid. § 8-9; accord State v. Hines, 243 Conn. 796, 809 , 709 A.2d 522 (1998).

2005A hearsay statement that does not fall within one of the traditional exceptions to the hearsay rule nevertheless may be admissible under the residual exception to the hearsay rule provided that the proponent’s use of the statement is reasonably necessary and the statement itself is ‘supported by equivalent guarantees of trustworthiness and reliability that are essential to other evidence admitted under traditional exceptions to the hearsay rule.’ Conn. Code Evid. § 8-9; accord State v. Hines, 243 Conn. 796, 809 , 709 A.2d 522 (1998).

35
State v. Aaron L.green
conn · 2005 · cited in 6 Connecticut opinions naming this issue, 2005–2010
2 sentences

2009A hearsay statement that does not fall within one of the traditional exceptions to the hearsay rule nevertheless may be admissible under the residual exception to the hearsay rule provided that the proponent’s use of the *384 statement is reasonably necessary and the statement itself is supported by equivalent guarantees of trustworthiness and reliability that are essential to other evidence admitted under traditional exceptions to the hearsay rule.” (Citations omitted; internal quotation marks omitted.) State v. Aaron L., 272 Conn. 798, 812 , 865 A.2d 1135 (2005); see also Conn. Code Evid. §

2009A hearsay statement that does not fall within one of the traditional exceptions to the hearsay rule nevertheless may be admissible under the residual exception to the hearsay rule provided that the proponent’s use of the *384 statement is reasonably necessary and the statement itself is supported by equivalent guarantees of trustworthiness and reliability that are essential to other evidence admitted under traditional exceptions to the hearsay rule.” (Citations omitted; internal quotation marks omitted.) State v. Aaron L., 272 Conn. 798, 812 , 865 A.2d 1135 (2005); see also Conn. Code Evid. §

26
Doe v. Thames Valley Council for Community Action, Inc.green
conn · 2002 · cited in 3 Connecticut opinions naming this issue, 2006–2015
2 sentences

2015The list is neither determina- tive nor rigid.’’ Doe v. Thames Valley Council for Com- munity Action, Inc., 69 Conn. App. 850 , 862–63, 797 A.2d 1146 (disagreeing with defendants that court was required to take account of lack of corroborating physi- cal evidence where alleged sexual assault involved improper touching), cert. denied, 261 Conn. 906 , 804 A.2d 212 (2002).

2010Consistent with this rationale, the Appellate Court has concluded that the residual exception to the hearsay rule, while generally invoked “only in exceptional circumstances ... is particularly well suited for the admission of statements by victims of child abuse and has been used in federal and state courts for this purpose.” (Citation omitted.) State v. Dollinger, 20 Conn. App. 530, 540 , 568 A.2d 1058 , cert. denied, 215 Conn. 805 , 574 A.2d 220 (1990); accord Doe v. Thames Valley Council for Community Action, Inc., 69 Conn. App. 850, 854 , 797 A.2d 1146 , cert. denied, 261 Conn. 906 , 804

23
Fromer v. Commissioner of Environmental Protectiongreen
conn · 2002 · cited in 3 Connecticut opinions naming this issue, 2006–2015
2 sentences

2015The list is neither determina- tive nor rigid.’’ Doe v. Thames Valley Council for Com- munity Action, Inc., 69 Conn. App. 850 , 862–63, 797 A.2d 1146 (disagreeing with defendants that court was required to take account of lack of corroborating physi- cal evidence where alleged sexual assault involved improper touching), cert. denied, 261 Conn. 906 , 804 A.2d 212 (2002).

2010Consistent with this rationale, the Appellate Court has concluded that the residual exception to the hearsay rule, while generally invoked “only in exceptional circumstances ... is particularly well suited for the admission of statements by victims of child abuse and has been used in federal and state courts for this purpose.” (Citation omitted.) State v. Dollinger, 20 Conn. App. 530, 540 , 568 A.2d 1058 , cert. denied, 215 Conn. 805 , 574 A.2d 220 (1990); accord Doe v. Thames Valley Council for Community Action, Inc., 69 Conn. App. 850, 854 , 797 A.2d 1146 , cert. denied, 261 Conn. 906 , 804

23
State v. Skakelgreen
conn · 2006 · cited in 3 Connecticut opinions naming this issue, 2007–2015
2 sentences

2015A hearsay statement that does not fall within one of the traditional exceptions to the hearsay rule nevertheless may be admissible under the residual exception to the hearsay rule provided that [1] the pro- ponent’s use of the statement is reasonably necessary and [2] the statement itself is supported by equivalent guarantees of trustworthiness and reliability that are essential to other evidence admitted under traditional exceptions to the hearsay rule.’’ (Internal quotation marks omitted.) In re Tayler F., 296 Conn. 524, 536 , 995 A.2d 611 (2010); see also Conn. Code Evid. § 8-9. ‘‘We previo

2015A hearsay statement that does not fall within one of the traditional exceptions to the hearsay rule nevertheless may be admissible under the residual exception to the hearsay rule provided that [1] the pro- ponent’s use of the statement is reasonably necessary and [2] the statement itself is supported by equivalent guarantees of trustworthiness and reliability that are essential to other evidence admitted under traditional exceptions to the hearsay rule.’’ (Internal quotation marks omitted.) In re Tayler F., 296 Conn. 524, 536 , 995 A.2d 611 (2010); see also Conn. Code Evid. § 8-9. ‘‘We previo

23
Doe v. Thames Valley Council for Community Action, Inc.green
connappct · 2002 · cited in 3 Connecticut opinions naming this issue, 2006–2015
2 sentences

2010Consistent with this rationale, the Appellate Court has concluded that the residual exception to the hearsay rule, while generally invoked “only in exceptional circumstances ... is particularly well suited for the admission of statements by victims of child abuse and has been used in federal and state courts for this purpose.” (Citation omitted.) State v. Dollinger, 20 Conn. App. 530, 540 , 568 A.2d 1058 , cert. denied, 215 Conn. 805 , 574 A.2d 220 (1990); accord Doe v. Thames Valley Council for Community Action, Inc., 69 Conn. App. 850, 854 , 797 A.2d 1146 , cert. denied, 261 Conn. 906 , 804

2010Consistent with this rationale, the Appellate Court has concluded that the residual exception to the hearsay rule, while generally invoked “only in exceptional circumstances ... is particularly well suited for the admission of statements by victims of child abuse and has been used in federal and state courts for this purpose.” (Citation omitted.) State v. Dollinger, 20 Conn. App. 530, 540 , 568 A.2d 1058 , cert. denied, 215 Conn. 805 , 574 A.2d 220 (1990); accord Doe v. Thames Valley Council for Community Action, Inc., 69 Conn. App. 850, 854 , 797 A.2d 1146 , cert. denied, 261 Conn. 906 , 804

23
State v. Herediagreen
connappct · 2012 · cited in 2 Connecticut opinions naming this issue, 2018–2022
2 sentences

2022As this court and our Supreme Court have iterated, ‘‘[t]he residual hearsay [exception] [should be] applied in the rarest of cases . . . .’’ (Emphasis added; internal quotation marks omitted.) State v. Bennett, supra, 762; see also State v. Heredia, 139 Conn. App. 319, 331 , 55 A.3d 598 (2012), cert. denied, 307 Conn. 952 , 58 A.3d 975 (2013). ‘‘[T]he [residual] exception is not to be treated as a broad license to admit hearsay inadmissible under other exceptions, and is to be used very rarely and only in exceptional circumstances.’’ (Emphasis added; footnote omitted.) State v. Dollinger, 20 C

2022As this court and our Supreme Court have iterated, ‘‘[t]he residual hearsay [exception] [should be] applied in the rarest of cases . . . .’’ (Emphasis added; internal quotation marks omitted.) State v. Bennett, supra, 762; see also State v. Heredia, 139 Conn. App. 319, 331 , 55 A.3d 598 (2012), cert. denied, 307 Conn. 952 , 58 A.3d 975 (2013). ‘‘[T]he [residual] exception is not to be treated as a broad license to admit hearsay inadmissible under other exceptions, and is to be used very rarely and only in exceptional circumstances.’’ (Emphasis added; footnote omitted.) State v. Dollinger, 20 C

22
State v. Shehadehgreen
connappct · 1999 · cited in 2 Connecticut opinions naming this issue, 2017–2017
2 sentences

2017See State v. Shehadeh , 52 Conn. App. 46 , 50, 725 A.2d 394 (1999) (abuse of discretion and showing of substantial prejudice or injustice).

2017See State v. Shehadeh , 52 Conn. App. 46 , 50, 725 A.2d 394 (1999) (abuse of discretion and showing of substantial prejudice or injustice).

22
United States v. Michael Medicogreen
ca2 · 1977 · cited in 2 Connecticut opinions naming this issue, 1990–2002
2 sentences

2002United States v. Medico, 557 F.2d 309, 315 (2d Cir.), cert. denied, 434 U.S. 986 , 98 S. Ct. 614 , 54 L.

1990United States v. Medico, 557 F.2d 309, 315 (2d Cir. 1977).

22
State v. Bennettgreen
conn · 2017 · cited in 4 Connecticut opinions naming this issue, 2018–2025
2 sentences

2022Section 8-9 of the Connecticut Code of Evidence, which sets forth the residual exception to the hearsay rule, ‘‘allows a trial court to admit hearsay evidence not admissible under any of the established [hearsay] exceptions’’; (internal quotation marks omit- ted) State v. Bennett, 324 Conn. 744, 762 , 155 A.3d 188 (2017); but only ‘‘if the court determines that (1) there is a reasonable necessity for the admission of the state- ment, and (2) the statement is supported by equivalent guarantees of trustworthiness and reliability that are essential to other evidence admitted under traditional exc

2022Section 8-9 of the Connecticut Code of Evidence, which sets forth the residual exception to the hearsay rule, ‘‘allows a trial court to admit hearsay evidence not admissible under any of the established [hearsay] exceptions’’; (internal quotation marks omit- ted) State v. Bennett, 324 Conn. 744, 762 , 155 A.3d 188 (2017); but only ‘‘if the court determines that (1) there is a reasonable necessity for the admission of the state- ment, and (2) the statement is supported by equivalent guarantees of trustworthiness and reliability that are essential to other evidence admitted under traditional exc

14
State v. Sharpegreen
conn · 1985 · cited in 4 Connecticut opinions naming this issue, 1990–2005
2 sentences

1999Our Supreme Court established the test for whether evidence is admissible under the residual exception to the hearsay rule in State v. Sharpe, 195 Conn. 651, 664 , 491 A.2d 345 (1985).

1999Our Supreme Court established the test for whether evidence is admissible under the residual exception to the hearsay rule in State v. Sharpe, 195 Conn. 651, 664 , 491 A.2d 345 (1985).

14
State v. Myersgreen
conn · 2011 · cited in 3 Connecticut opinions naming this issue, 2012–2018
2 sentences

2018"A court's conclusion as to whether certain hearsay statements bear the requisite indicia of *76 trustworthiness and reliability necessary for admission under the residual exception to the hearsay rule is reviewed for an abuse of discretion." (Internal quotation marks omitted.) State v. Myers , 126 Conn. App. 239 , 247, 11 A.3d 1100 , cert. denied, 300 Conn. 923 , 14 A.3d 1006 (2011).

2017See State v. Andrews , supra, 313 Conn. at 276 , 96 A.3d 1199 ; see also State v. Myers , 126 Conn.App. 239 , 247, 11 A.3d 1100 ("[a] court's conclusion as to whether certain hearsay statements bear the requisite indicia of trustworthiness and reliability necessary for admission under the residual exception to the hearsay rule is reviewed for an abuse of discretion" [internal quotation marks omitted] ), cert. denied, 300 Conn. 923 , 14 A.3d 1006 (2011).

13
Atkinson v. Commissioner of Correctiongreen
conn · 2011 · cited in 3 Connecticut opinions naming this issue, 2012–2018
2 sentences

2018"A court's conclusion as to whether certain hearsay statements bear the requisite indicia of *76 trustworthiness and reliability necessary for admission under the residual exception to the hearsay rule is reviewed for an abuse of discretion." (Internal quotation marks omitted.) State v. Myers , 126 Conn. App. 239 , 247, 11 A.3d 1100 , cert. denied, 300 Conn. 923 , 14 A.3d 1006 (2011).

2017See State v. Andrews , supra, 313 Conn. at 276 , 96 A.3d 1199 ; see also State v. Myers , 126 Conn.App. 239 , 247, 11 A.3d 1100 ("[a] court's conclusion as to whether certain hearsay statements bear the requisite indicia of trustworthiness and reliability necessary for admission under the residual exception to the hearsay rule is reviewed for an abuse of discretion" [internal quotation marks omitted] ), cert. denied, 300 Conn. 923 , 14 A.3d 1006 (2011).

13
State v. Myersgreen
connappct · 2011 · cited in 3 Connecticut opinions naming this issue, 2012–2018
2 sentences

2018"A court's conclusion as to whether certain hearsay statements bear the requisite indicia of *76 trustworthiness and reliability necessary for admission under the residual exception to the hearsay rule is reviewed for an abuse of discretion." (Internal quotation marks omitted.) State v. Myers , 126 Conn. App. 239 , 247, 11 A.3d 1100 , cert. denied, 300 Conn. 923 , 14 A.3d 1006 (2011).

2018"A court's conclusion as to whether certain hearsay statements bear the requisite indicia of *76 trustworthiness and reliability necessary for admission under the residual exception to the hearsay rule is reviewed for an abuse of discretion." (Internal quotation marks omitted.) State v. Myers , 126 Conn. App. 239 , 247, 11 A.3d 1100 , cert. denied, 300 Conn. 923 , 14 A.3d 1006 (2011).

13
State v. Lewisgreen
conn · 1998 · cited in 2 Connecticut opinions naming this issue, 2002–2003
2 sentences

2003The trial court overruled the defendant’s objection and allowed the state’s attorney to introduce those statements through the testimony of Betterini under the residual exception to the hearsay rule. ‘ ‘Hearsay within hearsay is admissible only if each part of the combined statements is independently admissible under a hearsay exception.” Conn. CodeEvid. § 8-7; see also State v. Lewis, 245 Conn. 779, 802 , 717 A.2d 1140 (1998) (“[w]hen a statement is offered that contains hearsay within hearsay, each level of hearsay must itself be supported by an exception to the hearsay rule in order for tha

2003The trial court overruled the defendant’s objection and allowed the state’s attorney to introduce those statements through the testimony of Betterini under the residual exception to the hearsay rule. ‘ ‘Hearsay within hearsay is admissible only if each part of the combined statements is independently admissible under a hearsay exception.” Conn. CodeEvid. § 8-7; see also State v. Lewis, 245 Conn. 779, 802 , 717 A.2d 1140 (1998) (“[w]hen a statement is offered that contains hearsay within hearsay, each level of hearsay must itself be supported by an exception to the hearsay rule in order for tha

12
State v. Whelangreen
conn · 1986 · cited in 1 Connecticut opinions naming this issue, 2016–2016
11
State v. Williamsgreen
conn · 1994 · cited in 1 Connecticut opinions naming this issue, 2016–2016
11
Washington v. United Statesgreen
scotus · 1986 · cited in 1 Connecticut opinions naming this issue, 2016–2016
11
California v. Tyberggreen
scotus · 1986 · cited in 1 Connecticut opinions naming this issue, 2016–2016
11
Bowen v. Peoplesgreen
scotus · 1986 · cited in 1 Connecticut opinions naming this issue, 2016–2016
11
Hartford/Windsor Healthcare Properties, LLC v. City of Hartfordgreen
conn · 2010 · cited in 1 Connecticut opinions naming this issue, 2015–2015
11
In re Lauren R.green
connappct · 1998 · cited in 1 Connecticut opinions naming this issue, 2008–2008
11
State v. Sauciergreen
connappct · 2005 · cited in 1 Connecticut opinions naming this issue, 2007–2007
11
United States v. Keenan Pricegreen
ca3 · 2006 · cited in 1 Connecticut opinions naming this issue, 2007–2007
11
United States v. Eric Washington, United States of America v. Eric Washingtongreen
ca9 · 2006 · cited in 1 Connecticut opinions naming this issue, 2007–2007
11
United States v. Ferlin K. Doriangreen
ca8 · 1986 · cited in 1 Connecticut opinions naming this issue, 2002–2002
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 (54)

CaseCitedYears
Town of Preston v. Connecticut Siting Council green
conn · 1990
2 sentences

2021The residual exception to the hearsay rule ‘‘admits into evidence statements that are technically hearsay and which do not fit within any traditional exception.’’ State v. Dollinger, 20 Conn. App. 530, 539 , 568 A.2d 1058 , cert. denied, 215 Conn. 805 , 574 A.2d 220 (1990).

2010Consistent with this rationale, the Appellate Court has concluded that the residual exception to the hearsay rule, while generally invoked “only in exceptional circumstances ... is particularly well suited for the admission of statements by victims of child abuse and has been used in federal and state courts for this purpose.” (Citation omitted.) State v. Dollinger, 20 Conn. App. 530, 540 , 568 A.2d 1058 , cert. denied, 215 Conn. 805 , 574 A.2d 220 (1990); accord Doe v. Thames Valley Council for Community Action, Inc., 69 Conn. App. 850, 854 , 797 A.2d 1146 , cert. denied, 261 Conn. 906 , 804

62002–2022
State v. Dollinger green
conn · 1990
2 sentences

2021The residual exception to the hearsay rule ‘‘admits into evidence statements that are technically hearsay and which do not fit within any traditional exception.’’ State v. Dollinger, 20 Conn. App. 530, 539 , 568 A.2d 1058 , cert. denied, 215 Conn. 805 , 574 A.2d 220 (1990).

2010Consistent with this rationale, the Appellate Court has concluded that the residual exception to the hearsay rule, while generally invoked “only in exceptional circumstances ... is particularly well suited for the admission of statements by victims of child abuse and has been used in federal and state courts for this purpose.” (Citation omitted.) State v. Dollinger, 20 Conn. App. 530, 540 , 568 A.2d 1058 , cert. denied, 215 Conn. 805 , 574 A.2d 220 (1990); accord Doe v. Thames Valley Council for Community Action, Inc., 69 Conn. App. 850, 854 , 797 A.2d 1146 , cert. denied, 261 Conn. 906 , 804

62002–2022
State v. Dollinger green
connappct · 1990
2 sentences

2021The residual exception to the hearsay rule ‘‘admits into evidence statements that are technically hearsay and which do not fit within any traditional exception.’’ State v. Dollinger, 20 Conn. App. 530, 539 , 568 A.2d 1058 , cert. denied, 215 Conn. 805 , 574 A.2d 220 (1990).

2021The residual exception to the hearsay rule ‘‘admits into evidence statements that are technically hearsay and which do not fit within any traditional exception.’’ State v. Dollinger, 20 Conn. App. 530, 539 , 568 A.2d 1058 , cert. denied, 215 Conn. 805 , 574 A.2d 220 (1990).

62002–2022
State v. Saucier green
conn · 2007
2 sentences

2010In applying an abuse of discretion standard to determine whether the trial court properly could have determined that Bryant’s statements would be admissible under the residual hearsay exception, I am mindful of this court’s statement in State v. Saucier, supra, 283 Conn. 207 , that “the question of whether the trial court properly could have admitted [a hearsay] statement under the residual exception if the admission of that type of statement eocrpressly was barred under another hearsay exception would present a question of law over which the appellate courts exercise plenary review.” (Emphasi

2008By contrast, the question of whether the trial court properly could have admitted that statement under the residual exception if the admission of that type of statement expressly was barred under another hearsay exception would present a question of law over which the appellate courts exercise plenary review.” (Citations omitted.) Id., 218-19 .

42008–2010
In Re Tayler F. green
conn · 2010
2 sentences

2022Nevertheless, we do not reach the respondent father’s claim regard- ing the reliable and trustworthy prong in light of our conclusion that the trial court incorrectly determined that the admission of the hearsay state- ments was ‘‘reasonably necessary.’’ 21 We note that § 35a-23 of our rules of practice was adopted in response to In re Taylor F., supra, 296 Conn. 524 , and provides procedures that parties and the court must follow whenever a party ‘‘seeks the admission of a hearsay statement of a child pursuant to the residual exception to the hearsay rule based upon psychological unavailabili

2021Under the abuse of discretion standard, [w]e [must] make every reasonable presumption in favor of upholding the trial court’s ruling, and only upset it for a manifest abuse of discretion.’’ (Citation omitted; inter- nal quotation marks omitted.) Filippelli v. Saint Mary’s Hospital, 319 Conn. 113 , 119, 124 A.3d 501 (2015). ‘‘A court’s conclusion as to whether certain hearsay state- ments bear the requisite indicia of trustworthiness and reliability necessary for admission under the residual exception to the hearsay rule is reviewed for an abuse of discretion.’’ State v. Faison, 112 Conn. App.

32015–2022
State v. Faison green
conn · 2009
2 sentences

2021Under the abuse of discretion standard, [w]e [must] make every reasonable presumption in favor of upholding the trial court’s ruling, and only upset it for a manifest abuse of discretion.’’ (Citation omitted; inter- nal quotation marks omitted.) Filippelli v. Saint Mary’s Hospital, 319 Conn. 113 , 119, 124 A.3d 501 (2015). ‘‘A court’s conclusion as to whether certain hearsay state- ments bear the requisite indicia of trustworthiness and reliability necessary for admission under the residual exception to the hearsay rule is reviewed for an abuse of discretion.’’ State v. Faison, 112 Conn. App.

2021Under the abuse of discretion standard, [w]e [must] make every reasonable presumption in favor of upholding the trial court’s ruling, and only upset it for a manifest abuse of discretion.’’ (Citation omitted; inter- nal quotation marks omitted.) Filippelli v. Saint Mary’s Hospital, 319 Conn. 113 , 119, 124 A.3d 501 (2015). ‘‘A court’s conclusion as to whether certain hearsay state- ments bear the requisite indicia of trustworthiness and reliability necessary for admission under the residual exception to the hearsay rule is reviewed for an abuse of discretion.’’ State v. Faison, 112 Conn. App.

32011–2021
State v. Faison green
connappct · 2009
2 sentences

2021Under the abuse of discretion standard, [w]e [must] make every reasonable presumption in favor of upholding the trial court’s ruling, and only upset it for a manifest abuse of discretion.’’ (Citation omitted; inter- nal quotation marks omitted.) Filippelli v. Saint Mary’s Hospital, 319 Conn. 113 , 119, 124 A.3d 501 (2015). ‘‘A court’s conclusion as to whether certain hearsay state- ments bear the requisite indicia of trustworthiness and reliability necessary for admission under the residual exception to the hearsay rule is reviewed for an abuse of discretion.’’ State v. Faison, 112 Conn. App.

2021Under the abuse of discretion standard, [w]e [must] make every reasonable presumption in favor of upholding the trial court’s ruling, and only upset it for a manifest abuse of discretion.’’ (Citation omitted; inter- nal quotation marks omitted.) Filippelli v. Saint Mary’s Hospital, 319 Conn. 113 , 119, 124 A.3d 501 (2015). ‘‘A court’s conclusion as to whether certain hearsay state- ments bear the requisite indicia of trustworthiness and reliability necessary for admission under the residual exception to the hearsay rule is reviewed for an abuse of discretion.’’ State v. Faison, 112 Conn. App.

32011–2021
State v. Merriam green
conn · 2003
2 sentences

2022To identify the circumstances relevant to the analysis, we find instruc- tive this court’s decision in State v. Merriam, supra, 264 Conn. 617 , which applied Wright in considering whether the trial court properly admitted, under the residual exception to the hearsay rule, the out-of-court statements of a three year old complainant alleging that the defendant in that case had sexually assaulted her.

2010“A statement that is not admissible under any of the [hearsay] exceptions [enumerated in the Connecticut Code of Evidence] is admissible if the court determines that (1) there is a reasonable necessity for the admission of the statement, and (2) the statement is supported by equivalent guarantees of trustworthiness and reliability that are essential to other evidence admitted under traditional exceptions to the hearsay rule.” (Internal quotation marks omitted.) State v. Merriam, 264 Conn. 617 , 633 n.22, 835 A.2d 895 (2003), quoting Conn. Code Evid. § 8-9.

22010–2022
In re Jason S. green
connappct · 1986
2 sentences

1990The court in In re Jason S., 9 Conn. App. 98 , 516 A.2d 1352 (1987), found that because the child was available to testify, there was no necessity for admitting the abused child’s hearsay statements under the residual exception.

1990The court in In re Jason S., 9 Conn. App. 98 , 516 A.2d 1352 (1987), found that because the child was available to testify, there was no necessity for admitting the abused child’s hearsay statements under the residual exception.

21990–2008
State v. Aaron L. green
connappct · 2003
2 sentences

2008State v. Aaron L., 79 Conn.App. 397, 420 , 830 A.2d 776 (2003), aff'd, 272 Conn. 798 , 865 A.2d 1135 (2005), is vastly different because the court allowed under the residual exception *192 hearsay statements made by the victim when she was two years old that she could not remember at the time of trial ten years later.

2008State v. Aaron L., 79 Conn.App. 397, 420 , 830 A.2d 776 (2003), aff'd, 272 Conn. 798 , 865 A.2d 1135 (2005), is vastly different because the court allowed under the residual exception *192 hearsay statements made by the victim when she was two years old that she could not remember at the time of trial ten years later.

22005–2008
In Re Tayler F. green
connappct · 2008
2 sentences

2008The petition by the respondent mother for certification for appeal from the Appellate Court, 111 Conn. App. 28 (AC 28345), is granted, limited to the following issue: “Did the Appellate Court correctly conclude that the trial court properly admitted statements under the residual exception to the hearsay rule?”

2008The petition by the respondent mother for certification for appeal from the Appellate Court, 111 Conn.App. 28 , 958 A.2d 170 (2008), is granted, limited to the following issue: "Did the Appellate Court correctly conclude that the trial court properly admitted statements under the residual exception to the hearsay rule?" The Supreme Court docket number is SC 18280.

22008–2008
State v. Bischoff green
conn · 2021
1 sentence

2025A With that definition in mind, I turn to the question of whether the residual clause in § 53a-3 (24) is ambiguous. ‘‘The test to determine ambiguity is whether the statute, when read in context, is susceptible to more than one reasonable interpretation.’’ (Internal quotation marks omitted.) State v. Bischoff, 337 Conn. 739, 746 , 258 A.3d 14 (2021).

12025–2025
Commission on Human Rights & Opportunities v. Edge Fitness, LLC green
conn · 2022
1 sentence

2025It is well settled that a court ‘‘may consider hypotheti- cal scenarios beyond the facts of the case before [it] in determining whether a construction of the plain lan- guage of a statute will lead to an absurd result.’’ Com- mission on Human Rights & Opportunities v. Edge Fitness, LLC, 342 Conn. 25 , 39 n.11, 268 A.3d 630 (2022).

12025–2025
State v. King green
conn · 2023
1 sentence

2025In discerning the meaning of the phrase ‘‘essential element’’ in § 53a-3 (24), it is appropriate to begin with our recent decision in State v. King, 346 Conn. 238 , 288 A.3d 995 (2023).

12025–2025
Bennett v. New Milford Hospital, Inc. green
conn · 2011
2 sentences

2025Establishing ambiguity for purposes of § 1- 2z is a ‘‘relatively low’’ bar; Bennett v. New Milford Hospital, Inc., 300 Conn. 1, 15 , 12 A.3d 865 (2011); because it requires only that the multiple proffered read- ings of the statute be plausible.

2025Establishing ambiguity for purposes of § 1- 2z is a ‘‘relatively low’’ bar; Bennett v. New Milford Hospital, Inc., 300 Conn. 1, 15 , 12 A.3d 865 (2011); because it requires only that the multiple proffered read- ings of the statute be plausible.

12025–2025
State v. Abernathy neutral
connappct · 2002
12021–2021
Franco v. East Shore Development, Inc. neutral
conn · 2002
12021–2021
Bethlehem Christian Fellowship, Inc. v. Planning & Zoning Commission green
conn · 2002
12021–2021
Hodges v. Comm'r of Corr. green
conn · 2019
12020–2020
State v. Carey green
conn · 2019
12020–2020
State v. Carey green
connappct · 2019
12020–2020
State v. Jenkins green
conn · 2004
12019–2019
Corbett v. Commissioner of Correction green
connappct · 2012
12018–2018
State v. Atkins green
connappct · 2000
12016–2016
Connecticut Light & Power Co. v. Department of Public Utility Control green
conn · 2003
12015–2015
North Carolina v. Alford green
scotus · 1970
12012–2012
State v. Jarzbek green
conn · 1987
12010–2010
Watson v. Commissioner of Correction green
conn · 2008
12010–2010
Jovanovic v. United States green
scotus · 1988
12010–2010
Jensen v. Satran green
scotus · 1988
12010–2010
Gregory Lumber Co. v. United States green
scotus · 1988
12010–2010
Crawford v. Washington green
scotus · 2004
12009–2009
State v. Torelli green
connappct · 2007
12008–2008
State v. Haili green
haw · 2003
12007–2007
Doe v. Christoforo neutral
conn · 2005
12007–2007
State v. Cortes green
conn · 2005
12007–2007
State v. Gonzalez green
connappct · 2003
12007–2007
Brown v. Bright Clouds Ministries, Inc. neutral
connappct · 2006
12007–2007
Doe v. Christoforo green
connappct · 2005
12007–2007
Brown v. Bright Clouds Ministries, Inc. green
conn · 2006
12007–2007

Statutes the citing opinions construe

CT § Conn. Gen. Stat. § 8-9 (29) CT § Conn. Gen. Stat. § 51-199 (13) CT § Conn. Gen. Stat. § 53a-54a (13) CT § Conn. Gen. Stat. § 8-3 (10) CT § Conn. Gen. Stat. § 53a-48 (9) CT § Conn. Gen. Stat. § 53a-70 (8) CT § Conn. Gen. Stat. § 8-7 (8) CT § Conn. Gen. Stat. § 53-21 (7) CT § Conn. Gen. Stat. § 54-86e (7) CT § Conn. Gen. Stat. § 8-6 (7) CT § Conn. Gen. Stat. § 53a-54c (6) CT § Conn. Gen. Stat. § 53a-8 (6)

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 51 (1988–2025) IL 45 (1984–2026) GA 42 (2008–2026) MN 40 (1970–2026) MT 26 (1988–2017) NC 26 (1984–2023) IA 25 (1994–2024) CA 25 (1982–2026) WI 23 (1978–2025) MI 22 (1998–2023) MA 16 (1982–2024) MS 15 (1968–2017) CO 14 (1986–2026) OR 11 (1984–2026) AZ 11 (1974–2024) NJ 10 (1955–2024) UT 10 (2001–2025) WA 10 (1990–2025) NM 10 (1990–2024) NE 10 (1993–2023) PA 9 (2005–2025) AK 8 (1972–2021) KY 8 (1989–2021) SD 8 (1985–2016) MD 8 (1995–2020) DE 7 (1999–2023) ND 7 (2009–2025) KS 7 (1992–2021) TX 6 (2002–2023) RI 6 (1996–2011) WV 5 (1990–2025) NV 5 (1998–2019) IN 5 (2005–2019) OK 4 (1967–2005) FL 4 (1963–2024) AR 4 (1992–2021) MO 4 (2002–2019) ID 3 (1988–2023) DC 3 (2004–2020) OH 2 (2006–2017) VT 2 (2023–2024) NY 2 (1980–1995) AL 2 (1995–2001) TN 2 (2016–2019) LA 2 (1962–1990) VI 2 (2002–2015) WY 2 (2003–2015)

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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