request for an evidentiary hearing in Connecticut

6 Connecticut opinions name it 2 courts 1993–2020 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 (5)

Case	Followed	Cited
Cohen v. ROLL-A-COVER, LLCgreen conn · 2011 · cited in 1 Connecticut opinions naming this issue, 2019–2019 2 sentences 2019State v. Barnwell , 102 Conn. App. 255 , 263, 925 A.2d 1106 (2007) ; see also Cohen v. Roll-A-Cover, LLC , 131 Conn. App. 443 , 461 n.22, 27 A.3d 1 , cert. denied, 303 Conn. 915 , 33 A.3d 739 (2011). 2019State v. Barnwell , 102 Conn. App. 255 , 263, 925 A.2d 1106 (2007) ; see also Cohen v. Roll-A-Cover, LLC , 131 Conn. App. 443 , 461 n.22, 27 A.3d 1 , cert. denied, 303 Conn. 915 , 33 A.3d 739 (2011).	1	1
Cohen v. ROLL-A-COVER, LLCgreen connappct · 2011 · cited in 1 Connecticut opinions naming this issue, 2019–2019 2 sentences 2019State v. Barnwell , 102 Conn. App. 255 , 263, 925 A.2d 1106 (2007) ; see also Cohen v. Roll-A-Cover, LLC , 131 Conn. App. 443 , 461 n.22, 27 A.3d 1 , cert. denied, 303 Conn. 915 , 33 A.3d 739 (2011). 2019State v. Barnwell , 102 Conn. App. 255 , 263, 925 A.2d 1106 (2007) ; see also Cohen v. Roll-A-Cover, LLC , 131 Conn. App. 443 , 461 n.22, 27 A.3d 1 , cert. denied, 303 Conn. 915 , 33 A.3d 739 (2011).	1	1
State v. Colongreen conn · 2004 · cited in 1 Connecticut opinions naming this issue, 2017–2017 2 sentences 2017See State v. Colon , 272 Conn. 106 , 265, 864 A.2d 666 (2004), cert. denied, 546 U.S. 848 , 126 S.Ct. 102 , 163 L. 2017See State v. Colon , 272 Conn. 106 , 265, 864 A.2d 666 (2004), cert. denied, 546 U.S. 848 , 126 S.Ct. 102 , 163 L.	1	1
Harris v. Louisianagreen scotus · 2005 · cited in 1 Connecticut opinions naming this issue, 2017–2017 1 sentence 2017See State v. Colon , 272 Conn. 106 , 265, 864 A.2d 666 (2004), cert. denied, 546 U.S. 848 , 126 S.Ct. 102 , 163 L.	1	1
Miller-Bates v. Wachovia Bankgreen scotus · 2005 · cited in 1 Connecticut opinions naming this issue, 2017–2017 2 sentences 2017See State v. Colon , 272 Conn. 106 , 265, 864 A.2d 666 (2004), cert. denied, 546 U.S. 848 , 126 S.Ct. 102 , 163 L. 2017See State v. Colon , 272 Conn. 106 , 265, 864 A.2d 666 (2004), cert. denied, 546 U.S. 848 , 126 S.Ct. 102 , 163 L.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Connecticut. Read the followed side critically anyway.

Also cited on this issue (6)

Case	Cited	Years
St. Denis-Lima v. St. Denis neutral connappct · 2019 2 sentences 2020Denis, 190 Conn. App. 296, 303 , 212 A.3d 242 (‘‘[w]e review the denial of a request for an evidentiary hearing under the abuse of discretion standard’’), cert. denied, 333 Conn. 910 , 215 A.3d 734 (2019). ‘‘In determining whether there has been an abuse of discretion, every reasonable presumption should be given in favor of the correctness of the court’s ruling. . . . 2020Denis, 190 Conn. App. 296, 303 , 212 A.3d 242 (‘‘[w]e review the denial of a request for an evidentiary hearing under the abuse of discretion standard’’), cert. denied, 333 Conn. 910 , 215 A.3d 734 (2019). ‘‘In determining whether there has been an abuse of discretion, every reasonable presumption should be given in favor of the correctness of the court’s ruling. . . .	1	2020–2020
State v. Barnwell green connappct · 2007 2 sentences 2019State v. Barnwell , 102 Conn. App. 255 , 263, 925 A.2d 1106 (2007) ; see also Cohen v. Roll-A-Cover, LLC , 131 Conn. App. 443 , 461 n.22, 27 A.3d 1 , cert. denied, 303 Conn. 915 , 33 A.3d 739 (2011). 2019State v. Barnwell , 102 Conn. App. 255 , 263, 925 A.2d 1106 (2007) ; see also Cohen v. Roll-A-Cover, LLC , 131 Conn. App. 443 , 461 n.22, 27 A.3d 1 , cert. denied, 303 Conn. 915 , 33 A.3d 739 (2011).	1	2019–2019
State v. Payne neutral connappct · 2007 2 sentences 2017Furthermore, because the amount of evidence needed to support a selective prosecution claim on the merits is greater than that which justifies an evidentiary hearing, it necessarily follows that, when an evidentiary hearing is not warranted, a defendant's merits claim must also fail." (Citations omitted; internal quotation marks omitted.) Id., at 20-21 , 917 A.2d 43 . 2017Furthermore, because the amount of evidence needed to support a selective prosecution claim on the merits is greater than that which justifies an evidentiary hearing, it necessarily follows that, when an evidentiary hearing is not warranted, a defendant's merits claim must also fail." (Citations omitted; internal quotation marks omitted.) Id., at 20-21 , 917 A.2d 43 .	1	2017–2017
Papa v. New Haven Federation of Teachers green conn · 1982 2 sentences 2017This court concluded that the trial judge's response to the motion, following his denial of a request for an evidentiary hearing; id., at 750 , 444 A.2d 196 ; in and of itself, "demonstrated such a personal interest in the case that his impartiality could reasonably be questioned." Id., at 753 , 444 A.2d 196 . 2017This court concluded that the trial judge's response to the motion, following his denial of a request for an evidentiary hearing; id., at 750 , 444 A.2d 196 ; in and of itself, "demonstrated such a personal interest in the case that his impartiality could reasonably be questioned." Id., at 753 , 444 A.2d 196 .	1	2017–2017
United States v. Costas Pavloyianis green ca2 · 1993 2 sentences 2005The District Court denied the motion to dismiss and the request for an evidentiary hearing, first noting “that despite the defendant’s argument that the government withheld [the witness’] perjury because it anticipated an acquittal, there was no indication of such anticipation, and . . . there was ample evidence to convict, even if the jury had been aware of [the witness’] perjury . . . .” Id., 1471 . 2005The District Court denied the motion to dismiss and the request for an evidentiary hearing, first noting "that despite the defendant's argument that the government withheld [the witness'] perjury because it anticipated an acquittal, there was no indication of such anticipation, and ... there was ample evidence to convict, even if the jury had been aware of [the witness'] perjury...." Id., at 1471 .	1	2005–2005
Jackson v. Commissioner of Correction green conn · 1993 2 sentences 1993The habeas court, however, denied the request for an evidentiary hearing, concluding that an evidentiary hearing was not authorized by our remand order; cf. Jackson v. Commissioner of Correction, 227 Conn. 124, 129 , 629 A.2d 413 (1993); and that the finding requested in the remand order should be made solely from the testimony presented at the original hearing on the petition. 1993The habeas court, however, denied the request for an evidentiary hearing, concluding that an evidentiary hearing was not authorized by our remand order; cf. Jackson v. Commissioner of Correction, 227 Conn. 124, 129 , 629 A.2d 413 (1993); and that the finding requested in the remand order should be made solely from the testimony presented at the original hearing on the petition.	1	1993–1993

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

PA 145 (1991–2026) MN 39 (2012–2019) CA 22 (1969–2025) OK 21 (1974–2023) MI 16 (2014–2026) IL 14 (1982–2025) TX 11 (1992–2023) MO 8 (1992–2023) CT 6 (1993–2020) GA 5 (1990–2001) MA 4 (2018–2023) FL 4 (1990–2024) NC 3 (2016–2020) OH 3 (2002–2022) RI 2 (2016–2016) AZ 2 (2016–2023) NJ 2 (1983–2024) AL 2 (1988–2016) SC 2 (2024–2024) DE 2 (2016–2016) DC 2 (1999–2025) NH 2 (2012–2013) KY 2 (1977–2022)

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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