inconsistent defense (Connecticut) · Go Syfert
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inconsistent defense in Connecticut

6 Connecticut opinions name it 2 courts 1932–2010 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 (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in Connecticut.

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 (8)

CaseCitedYears
Short Beach Cottage Owners Improvement Ass'n v. Town of Stratford green
conn · 1966
1 sentence

2010This is inconsistent with a claim of title by adverse possession.” (Citation omitted.) Id.

12010–2010
State v. Francis green
conn · 2005
1 sentence

2007In fact, as the second habeas court noted in its memorandum of decision, “had [Gallucci] advocated *844 the petitioner’s actual innocence and simultaneously worked to lay the basis for a jury verdict of manslaughter, two strategies that are not exactly consistent and congruous, but nevertheless resulted in a conviction for manslaughter, it is not entirely impossible that the petitioner would be attacking this two-pronged strategy.” As is apparent from Pattis’ testimony, he believed that the lesser included offenses issue was a weak argument to pursue in the 1998 habeas appeal because, as Gallu

12007–2007
Vivo v. Commissioner of Correction green
connappct · 2005
2 sentences

2007In fact, as the second habeas court noted in its memorandum of decision, “had [Gallucci] advocated *844 the petitioner’s actual innocence and simultaneously worked to lay the basis for a jury verdict of manslaughter, two strategies that are not exactly consistent and congruous, but nevertheless resulted in a conviction for manslaughter, it is not entirely impossible that the petitioner would be attacking this two-pronged strategy.” As is apparent from Pattis’ testimony, he believed that the lesser included offenses issue was a weak argument to pursue in the 1998 habeas appeal because, as Gallu

2007In fact, as the second habeas court noted in its memorandum of decision, “had [Gallucci] advocated *844 the petitioner’s actual innocence and simultaneously worked to lay the basis for a jury verdict of manslaughter, two strategies that are not exactly consistent and congruous, but nevertheless resulted in a conviction for manslaughter, it is not entirely impossible that the petitioner would be attacking this two-pronged strategy.” As is apparent from Pattis’ testimony, he believed that the lesser included offenses issue was a weak argument to pursue in the 1998 habeas appeal because, as Gallu

12007–2007
Weldy v. NORTHBROOK CONDOMINIUM ASSOCIATION, INC. green
conn · 2005
1 sentence

2007In fact, as the second habeas court noted in its memorandum of decision, “had [Gallucci] advocated *844 the petitioner’s actual innocence and simultaneously worked to lay the basis for a jury verdict of manslaughter, two strategies that are not exactly consistent and congruous, but nevertheless resulted in a conviction for manslaughter, it is not entirely impossible that the petitioner would be attacking this two-pronged strategy.” As is apparent from Pattis’ testimony, he believed that the lesser included offenses issue was a weak argument to pursue in the 1998 habeas appeal because, as Gallu

12007–2007
State v. Person green
conn · 1996
1 sentence

1997Id., 344 .

11997–1997
State v. Harris green
conn · 1983
2 sentences

1996With regard to the first issue, I am in agreement with the dissent of Justice Callahan that, to the extent that State v. Harris, 189 Conn. 268 , 455 A.2d 342 (1983), must be read to require the trial court to give an instruction on an alternative inconsistent defense regardless of what the defendant has stated in relation to that defense in his testimony, essentially on the ground that the jury could find the defense established if it disbelieves the defendant’s own testimony relevant to that defense, Harris goes too far.

1996With regard to the first issue, I am in agreement with the dissent of Justice Callahan that, to the extent that State v. Harris, 189 Conn. 268 , 455 A.2d 342 (1983), must be read to require the trial court to give an instruction on an alternative inconsistent defense regardless of what the defendant has stated in relation to that defense in his testimony, essentially on the ground that the jury could find the defense established if it disbelieves the defendant’s own testimony relevant to that defense, Harris goes too far.

11996–1996
French v. Pearce green
conn · 1831
1 sentence

1966French v. Pearce, 8 Conn. 439, 443 .

11966–1966
Receivers Middlesex Banking Co. v. Realty Investment Co. green
· 1926
2 sentences

1932Receivers Middlesex Banking Co. v. Realty Investment Co., 104 Conn. 206 , *624 214, 132 Atl. 390 .

1932Receivers Middlesex Banking Co. v. Realty Investment Co., 104 Conn. 206 , *624 214, 132 Atl. 390 .

11932–1932

Where else courts name it

NY 23 (1920–2024) CA 21 (1925–2024) IN 13 (1977–2025) WA 13 (1984–2026) GA 10 (1918–2021) TX 10 (1913–2022) FL 9 (1968–2021) CO 8 (1984–2024) MI 8 (1927–2024) NC 8 (1927–2002) MO 8 (1967–2019) MD 6 (1969–2016) IA 6 (1884–2015) CT 6 (1932–2010) KS 6 (1895–2024) OH 4 (1912–2025) NM 4 (1983–2019) AL 4 (1888–1983) IL 4 (1911–2016) NJ 3 (1973–2023) AZ 3 (1989–2023) MN 3 (1905–1987) PA 3 (2017–2024) KY 3 (1913–2025) OR 3 (1900–1987) WI 2 (2007–2011) MA 2 (1996–2025) NH 2 (1972–2018) OK 2 (1931–1985) NE 2 (1928–1982) WV 2 (1911–1999) SC 2 (1973–1986)

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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