missing witness instruction in Connecticut

47 Connecticut opinions name it 3 courts 1984–2024 4 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)

Case	Followed	Cited
State v. Danielsgreen conn · 1980 · cited in 4 Connecticut opinions naming this issue, 1985–2001 2 sentences 2001This principle, previously articulated by this court in Ezzo v. Geremiah, 107 Conn. 670, 677 , 142 A. 461 (1928), and subsequently approved for use in criminal cases; see State v. Daniels, 180 Conn. 101, 109 , 429 A.2d 813 (1980); State v. Annunziato, 169 Conn. 517, 536-39 , 363 A.2d 1011 (1975); commonly is referred to as the Secondino rule or the missing witness rule. 2001This principle, previously articulated by this court in Ezzo v. Geremiah, 107 Conn. 670, 677 , 142 A. 461 (1928), and subsequently approved for use in criminal cases; see State v. Daniels, 180 Conn. 101, 109 , 429 A.2d 813 (1980); State v. Annunziato, 169 Conn. 517, 536-39 , 363 A.2d 1011 (1975); commonly is referred to as the Secondino rule or the missing witness rule.	3	4
Secondino v. New Haven Gas Co.green conn · 1960 · cited in 29 Connecticut opinions naming this issue, 1984–2024 2 sentences 2024S could not prevail on his claim that the trial court erred in granting summary judgment as to liability because it failed to give him, as the nonmoving party, the benefit of all favorable inferences to be drawn from the evidence by neglecting to draw an adverse inference from A Co.’s refusal to produce witnesses and documents requested by S: S failed to set forth any facts, other than A Co.’s filing of a motion for a protective order, which is permitted by our rules of practice, in support of his contention that A Co. had engaged in extraordinary measures to prevent S from deposing H or any o 2016"In [ State v. Malave , supra, 250 Conn. at 739 , 737 A.2d 442 ], our Supreme Court abandoned, in criminal cases, the [rule of Secondino v. New Haven Gas Co. , 147 Conn. 672 , 165 A.2d 598 (1960) ], also known as the missing witness rule, which sanctioned, under certain circumstances, a jury instruction that an adverse inference may be drawn from the failure of a party to produce a witness.	2	29
State v. Brewergreen me · 1985 · cited in 2 Connecticut opinions naming this issue, 1999–1999 2 sentences 1999See, e.g.,Herbert v. Wal-Mart Stores, Inc., 911 F.2d 1044, 1048 (5th Cir. 1990) (rejecting missing witness rule for both civil and criminal cases); State v. Brewer, 505 A.2d 774, 777 (Me. 1985) (rejecting missing witness rule for criminal cases); State v. Parker, 417 N.W.2d 643, 647 (Minn. 1988) (same); Henderson v. State, 367 So. 2d 1366, 1368 (Miss. 1979) (same); Ross v. State, 106 Nev. 924, 927 , 803 P.2d 1104 (1990) (same); State v. Jefferson, 116 R.I. 124, 139-40 , 353 A.2d 190 (1976) (same); State v. Hammond, 270 S.C. 347, 356 , 242 S.E.2d 411 (1978) (rejecting missing witness rule for b 1999See, e.g., State v. Brewer, [ 505 A.2d 774, 777 (Me. 1985)] (‘To allow the missing-witness inference in a criminal case is particularly inappropriate since it distorts the allocation of the burden of proving the defendant’s guilt.	2	2
State v. Carrionegreen conn · 1982 · cited in 2 Connecticut opinions naming this issue, 1984–1988 2 sentences 1988We find no reversible error with respect to these claims. “ ‘The failure of a party to produce a witness who is within his power to produce and who would naturally have been produced by him, permits the inference that the evidence of the witness would be unfavorable to the party’s cause.’ Ezzo v. Geremiah, 107 Conn. 670, 677 , 142 A. 461 (1928).” State v. Carrione, 188 Conn. 681, 686 , 453 A.2d 1137 (1982), cert. denied, 460 U.S. 1084 , 103 S. Ct. 1775 , 76 L. 1988We find no reversible error with respect to these claims. “ ‘The failure of a party to produce a witness who is within his power to produce and who would naturally have been produced by him, permits the inference that the evidence of the witness would be unfavorable to the party’s cause.’ Ezzo v. Geremiah, 107 Conn. 670, 677 , 142 A. 461 (1928).” State v. Carrione, 188 Conn. 681, 686 , 453 A.2d 1137 (1982), cert. denied, 460 U.S. 1084 , 103 S. Ct. 1775 , 76 L.	1	2
State v. Woodsgreen conn · 1999 · cited in 1 Connecticut opinions naming this issue, 2003–2003 2 sentences 2003See, e.g., State v. Woods, 250 Conn. 807 , 813 n.5, 740 A.2d 371 (1999). 2003See, e.g., State v. Woods, 250 Conn. 807 , 813 n.5, 740 A.2d 371 (1999).	1	1
State v. Cecarelligreen connappct · 1993 · cited in 1 Connecticut opinions naming this issue, 2001–2001 1 sentence 2001Although we agree with the state that the court in Cecarelli was correct in characterizing the privilege against self-incrimination as a personal one; see id., 818 ; Cecarelli did not involve the invocation of that privilege in the context of determining whether a missing witness instruction was unwarranted on the basis of the witness’ unavailability.	1	1
State v. Woodsgreen connappct · 2000 · cited in 1 Connecticut opinions naming this issue, 2001–2001 2 sentences 2001State v. Woods, 58 Conn. App. 816, 818 , 754 A.2d 856 (2000). 2001State v. Woods, 58 Conn. App. 816, 818 , 754 A.2d 856 (2000).	1	1
Crosser v. Iowa Department of Public Safetygreen iowa · 1976 · cited in 1 Connecticut opinions naming this issue, 1999–1999 1 sentence 1999Cir. 1972) (approving inference but acknowledging that “the unwary [might] conclude that the adverse inference rule is one of those intricate gems of the common law which is riddled with nonsensical exceptions, encrusted with gloss upon gloss, and surrounded by an arcane lore last fully explicated in a three-volume treatise published in the late 19th century”); Carr v. United States, 531 A.2d 1010, 1012 (D.C. 1987) (“[a]lthough the missing witness inference has ancient roots ... we have been chary of its use in criminal prosecutions, primarily because of concern that the inference creates evid	1	1
State v. Grantgreen conn · 1992 · cited in 1 Connecticut opinions naming this issue, 1999–1999	1	1
State v. Taylorgreen conn · 1996 · cited in 1 Connecticut opinions naming this issue, 1999–1999	1	1
Henderson v. Stategreen miss · 1979 · cited in 1 Connecticut opinions naming this issue, 1999–1999	1	1
Carr v. United Statesgreen dc · 1987 · cited in 1 Connecticut opinions naming this issue, 1999–1999	1	1
Jessie Herbert v. Wal-Mart Stores, Inc.green ca5 · 1990 · cited in 1 Connecticut opinions naming this issue, 1999–1999 1 sentence 1999See, e.g.,Herbert v. Wal-Mart Stores, Inc., 911 F.2d 1044, 1048 (5th Cir. 1990) (rejecting missing witness rule for both civil and criminal cases); State v. Brewer, 505 A.2d 774, 777 (Me. 1985) (rejecting missing witness rule for criminal cases); State v. Parker, 417 N.W.2d 643, 647 (Minn. 1988) (same); Henderson v. State, 367 So. 2d 1366, 1368 (Miss. 1979) (same); Ross v. State, 106 Nev. 924, 927 , 803 P.2d 1104 (1990) (same); State v. Jefferson, 116 R.I. 124, 139-40 , 353 A.2d 190 (1976) (same); State v. Hammond, 270 S.C. 347, 356 , 242 S.E.2d 411 (1978) (rejecting missing witness rule for b	1	1
International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (Uaw) v. National Labor Relations Boardgreen cadc · 1972 · cited in 1 Connecticut opinions naming this issue, 1999–1999	1	1
Taylor v. Stategreen ind · 1997 · cited in 1 Connecticut opinions naming this issue, 1999–1999	1	1
Newman v. Worcester County Department of Social Servicesgreen scotus · 1997 · cited in 1 Connecticut opinions naming this issue, 1999–1999	1	1
McMillian v. Tategreen scotus · 1997 · cited in 1 Connecticut opinions naming this issue, 1999–1999	1	1
Rush v. Texasgreen scotus · 1997 · cited in 1 Connecticut opinions naming this issue, 1999–1999	1	1
State v. Parkergreen minn · 1988 · cited in 1 Connecticut opinions naming this issue, 1999–1999	1	1
Graves v. United Statesgreen scotus · 1893 · cited in 1 Connecticut opinions naming this issue, 1996–1996	1	1
State v. Manfredigreen conn · 1990 · cited in 1 Connecticut opinions naming this issue, 1994–1994	1	1
State v. Joynergreen conn · 1993 · cited in 1 Connecticut opinions naming this issue, 1994–1994	1	1
Alexander Bisno v. United Statesgreen ca9 · 1962 · cited in 1 Connecticut opinions naming this issue, 1994–1994	1	1
Rankin v. Illinoisgreen scotus · 1990 · cited in 1 Connecticut opinions naming this issue, 1994–1994	1	1
Flemings v. Dinkinsgreen scotus · 1990 · cited in 1 Connecticut opinions naming this issue, 1994–1994	1	1
Manfredi v. Connecticutgreen scotus · 1990 · cited in 1 Connecticut opinions naming this issue, 1994–1994	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 (41)

Case	Cited	Years
State v. Malave green conn · 1999 2 sentences 2016"In [ State v. Malave , supra, 250 Conn. at 739 , 737 A.2d 442 ], our Supreme Court abandoned, in criminal cases, the [rule of Secondino v. New Haven Gas Co. , 147 Conn. 672 , 165 A.2d 598 (1960) ], also known as the missing witness rule, which sanctioned, under certain circumstances, a jury instruction that an adverse inference may be drawn from the failure of a party to produce a witness. 2016"In [ State v. Malave , supra, 250 Conn. at 739 , 737 A.2d 442 ], our Supreme Court abandoned, in criminal cases, the [rule of Secondino v. New Haven Gas Co. , 147 Conn. 672 , 165 A.2d 598 (1960) ], also known as the missing witness rule, which sanctioned, under certain circumstances, a jury instruction that an adverse inference may be drawn from the failure of a party to produce a witness.	10	2000–2024
Smart-Davis v. Johns Hopkins University green scotus · 2000 2 sentences 2013Our Supreme Court abandoned the missing witness instruction in criminal cases in State v. Malave, 250 Conn. 722, 738-39 , 737 A.2d 442 (1999) (en banc), cert. denied, 528 U.S. 1170 , 120 S. Ct. 1195 , 145 L. 2001A jury found the defendant, Kenyatta Woods, guilty of, inter alia, assault in the first degree as an accessory in violation of General Statutes §§ 53a-59 (a) (l) 1 and 53a-8, 2 carrying a pistol without a permit in violation of General Statutes (Rev. to 1995) § 29-35, 3 and risk of injury to a child in violation of General Statutes (Rev. to 1995) § 53-21 (1), as amended by Public Acts 1995, No. 95-142, § l. 4 The defendant appealed from the judgment of conviction 5 to the Appellate Court, claiming that the trial court improperly had declined to give a missing witness instruction regarding the	8	2000–2024
Mitchell v. Johnson green scotus · 2000 2 sentences 2013Our Supreme Court abandoned the missing witness instruction in criminal cases in State v. Malave, 250 Conn. 722, 738-39 , 737 A.2d 442 (1999) (en banc), cert. denied, 528 U.S. 1170 , 120 S. Ct. 1195 , 145 L. 2001A jury found the defendant, Kenyatta Woods, guilty of, inter alia, assault in the first degree as an accessory in violation of General Statutes §§ 53a-59 (a) (l) 1 and 53a-8, 2 carrying a pistol without a permit in violation of General Statutes (Rev. to 1995) § 29-35, 3 and risk of injury to a child in violation of General Statutes (Rev. to 1995) § 53-21 (1), as amended by Public Acts 1995, No. 95-142, § l. 4 The defendant appealed from the judgment of conviction 5 to the Appellate Court, claiming that the trial court improperly had declined to give a missing witness instruction regarding the	7	2000–2024
Malave v. Connecticut green scotus · 2000 2 sentences 2013Our Supreme Court abandoned the missing witness instruction in criminal cases in State v. Malave, 250 Conn. 722, 738-39 , 737 A.2d 442 (1999) (en banc), cert. denied, 528 U.S. 1170 , 120 S. Ct. 1195 , 145 L. 2001A jury found the defendant, Kenyatta Woods, guilty of, inter alia, assault in the first degree as an accessory in violation of General Statutes §§ 53a-59 (a) (l) 1 and 53a-8, 2 carrying a pistol without a permit in violation of General Statutes (Rev. to 1995) § 29-35, 3 and risk of injury to a child in violation of General Statutes (Rev. to 1995) § 53-21 (1), as amended by Public Acts 1995, No. 95-142, § l. 4 The defendant appealed from the judgment of conviction 5 to the Appellate Court, claiming that the trial court improperly had declined to give a missing witness instruction regarding the	7	2000–2024
Ezzo v. Geremiah green conn · 1928 2 sentences 2001This principle, previously articulated by this court in Ezzo v. Geremiah, 107 Conn. 670, 677 , 142 A. 461 (1928), and subsequently approved for use in criminal cases; see State v. Daniels, 180 Conn. 101, 109 , 429 A.2d 813 (1980); State v. Annunziato, 169 Conn. 517, 536-39 , 363 A.2d 1011 (1975); commonly is referred to as the Secondino rule or the missing witness rule. 2001This principle, previously articulated by this court in Ezzo v. Geremiah, 107 Conn. 670, 677 , 142 A. 461 (1928), and subsequently approved for use in criminal cases; see State v. Daniels, 180 Conn. 101, 109 , 429 A.2d 813 (1980); State v. Annunziato, 169 Conn. 517, 536-39 , 363 A.2d 1011 (1975); commonly is referred to as the Secondino rule or the missing witness rule.	5	1987–2001
State v. Annunziato green conn · 1975 2 sentences 2001This principle, previously articulated by this court in Ezzo v. Geremiah, 107 Conn. 670, 677 , 142 A. 461 (1928), and subsequently approved for use in criminal cases; see State v. Daniels, 180 Conn. 101, 109 , 429 A.2d 813 (1980); State v. Annunziato, 169 Conn. 517, 536-39 , 363 A.2d 1011 (1975); commonly is referred to as the Secondino rule or the missing witness rule. 2001This principle, previously articulated by this court in Ezzo v. Geremiah, 107 Conn. 670, 677 , 142 A. 461 (1928), and subsequently approved for use in criminal cases; see State v. Daniels, 180 Conn. 101, 109 , 429 A.2d 813 (1980); State v. Annunziato, 169 Conn. 517, 536-39 , 363 A.2d 1011 (1975); commonly is referred to as the Secondino rule or the missing witness rule.	3	1999–2001
State v. Shashaty green conn · 1987 2 sentences 1991The defendant’s argument ignores the basis of the missing witness rule. “[T]he evidentiary basis for the Secondino inference derives from the maxim that ‘ “all evidence is to be weighed according to the proof which it was in the power of one side to have produced, and in the power of the other side to have contradicted.” ’ ” State v. Shashaty, 205 Conn. 39, 44 , 529 A.2d 1308 (1987), cert. denied, 484 U.S. 1027 , 108 S. Ct. 753 , 98 L. 1991The defendant’s argument ignores the basis of the missing witness rule. “[T]he evidentiary basis for the Secondino inference derives from the maxim that ‘ “all evidence is to be weighed according to the proof which it was in the power of one side to have produced, and in the power of the other side to have contradicted.” ’ ” State v. Shashaty, 205 Conn. 39, 44 , 529 A.2d 1308 (1987), cert. denied, 484 U.S. 1027 , 108 S. Ct. 753 , 98 L.	2	1991–1999
State v. Anderson green conn · 1989 2 sentences 1999After failing to point out in her brief that a court’s decision whether to give a missing witness charge is an evidentiary matter; State v. Anderson, 212 Conn. 31, 41-42 , 561 A.2d 897 (1989); that is reviewed on appeal under the abuse of discretion standard; see State v. Grant, 221 Conn. 93, 106 , 602 A.2d 581 (1992); the plaintiff failed to brief her claim adequately. 1999After failing to point out in her brief that a court’s decision whether to give a missing witness charge is an evidentiary matter; State v. Anderson, 212 Conn. 31, 41-42 , 561 A.2d 897 (1989); that is reviewed on appeal under the abuse of discretion standard; see State v. Grant, 221 Conn. 93, 106 , 602 A.2d 581 (1992); the plaintiff failed to brief her claim adequately.	2	1992–1999
Foster v. Peddicord green scotus · 1988 2 sentences 1999E.g., State v. Shashaty, 205 Conn. 39, 43 , 529 A.2d 1308 (1987), cert. denied, 484 U.S. 1027 , 108 S. Ct. 753 , 98 L. 1991The defendant’s argument ignores the basis of the missing witness rule. “[T]he evidentiary basis for the Secondino inference derives from the maxim that ‘ “all evidence is to be weighed according to the proof which it was in the power of one side to have produced, and in the power of the other side to have contradicted.” ’ ” State v. Shashaty, 205 Conn. 39, 44 , 529 A.2d 1308 (1987), cert. denied, 484 U.S. 1027 , 108 S. Ct. 753 , 98 L.	2	1991–1999
North v. Walsh green scotus · 1988 2 sentences 1999E.g., State v. Shashaty, 205 Conn. 39, 43 , 529 A.2d 1308 (1987), cert. denied, 484 U.S. 1027 , 108 S. Ct. 753 , 98 L. 1991The defendant’s argument ignores the basis of the missing witness rule. “[T]he evidentiary basis for the Secondino inference derives from the maxim that ‘ “all evidence is to be weighed according to the proof which it was in the power of one side to have produced, and in the power of the other side to have contradicted.” ’ ” State v. Shashaty, 205 Conn. 39, 44 , 529 A.2d 1308 (1987), cert. denied, 484 U.S. 1027 , 108 S. Ct. 753 , 98 L.	2	1991–1999
TVL Corp. v. Spanish International Communications Corp. green scotus · 1988 2 sentences 1999E.g., State v. Shashaty, 205 Conn. 39, 43 , 529 A.2d 1308 (1987), cert. denied, 484 U.S. 1027 , 108 S. Ct. 753 , 98 L. 1991The defendant’s argument ignores the basis of the missing witness rule. “[T]he evidentiary basis for the Secondino inference derives from the maxim that ‘ “all evidence is to be weighed according to the proof which it was in the power of one side to have produced, and in the power of the other side to have contradicted.” ’ ” State v. Shashaty, 205 Conn. 39, 44 , 529 A.2d 1308 (1987), cert. denied, 484 U.S. 1027 , 108 S. Ct. 753 , 98 L.	2	1991–1999
State v. Colon green conn · 2004 2 sentences 2005Id., 739 .” (Citations omitted; internal quotation marks omitted.) State v. Colon, 272 Conn. 106, 192-93 , 864 A.2d 666 (2004). 2005Id., 739 .” (Citations omitted; internal quotation marks omitted.) State v. Colon, 272 Conn. 106, 192-93 , 864 A.2d 666 (2004).	1	2005–2005
Raybeck v. Danbury Orthopedic Associates, P.C. green connappct · 2002 2 sentences 2003To take advantage of [the] rule permitting an adverse inference, [however] the party claiming the benefit [of the rule was required to] show that he [was] entitled to it.” (Internal quotation marks omitted.) Raybeck v. Danbury Orthopedic Associates, P. C., 72 Conn. App. 359, 366 , 805 A.2d 130 (2002). 2003To take advantage of [the] rule permitting an adverse inference, [however] the party claiming the benefit [of the rule was required to] show that he [was] entitled to it.” (Internal quotation marks omitted.) Raybeck v. Danbury Orthopedic Associates, P. C., 72 Conn. App. 359, 366 , 805 A.2d 130 (2002).	1	2003–2003
Lafayette v. General Dynamics Corp. green conn · 2001 1 sentence 2002The Supreme Court agreed that the trial court should have defined for the jury the term “appropriate,” but it found the improper instruction to have been harmless and therefore it reversed our judgment and remanded the case to us with direction to consider the defendant’s remaining grounds for appeal, i.e., (1) “whether the trial court improperly refused to give a missing witness instruction for the state’s failure to call the wife of the complaining witness to testify” and (2) “whether the prosecutor’s allegedly improper argument deprived the defendant of his due process right to a fair trial	1	2002–2002
State v. Rosa green conn · 1976 2 sentences 2001This court previously has indicated that a witness need not personally invoke his privilege against self-incrimination to justify a finding of unavailability for Secondino purposes when, in light of all the facts, it nevertheless is apparent that the witness will refuse to testify. 21 See State v. Rosa, 170 Conn. 417, 430-31 , 365 A.2d 1135 , cert. denied, 429 U.S. 845 , 97 S. Ct. 126 , 50 L. 2001This court previously has indicated that a witness need not personally invoke his privilege against self-incrimination to justify a finding of unavailability for Secondino purposes when, in light of all the facts, it nevertheless is apparent that the witness will refuse to testify. 21 See State v. Rosa, 170 Conn. 417, 430-31 , 365 A.2d 1135 , cert. denied, 429 U.S. 845 , 97 S. Ct. 126 , 50 L.	1	2001–2001
State v. Woods green conn · 2001 2 sentences 2001We use these terms interchangeably throughout this opinion.” (Internal quotation marks omitted.) State v. Woods, 257 Conn. 761 , 764 n.7, 778 A.2d 933 (2001). 2001We use these terms interchangeably throughout this opinion.” (Internal quotation marks omitted.) State v. Woods, 257 Conn. 761 , 764 n.7, 778 A.2d 933 (2001).	1	2001–2001
State v. Young green connappct · 2000 2 sentences 2001State v. Young, 57 Conn. App. 566, 572-73 , 750 A.2d 482 (2000). 2001State v. Young, 57 Conn. App. 566, 572-73 , 750 A.2d 482 (2000).	1	2001–2001
Smith v. United States green scotus · 1976 2 sentences 2001This court previously has indicated that a witness need not personally invoke his privilege against self-incrimination to justify a finding of unavailability for Secondino purposes when, in light of all the facts, it nevertheless is apparent that the witness will refuse to testify. 21 See State v. Rosa, 170 Conn. 417, 430-31 , 365 A.2d 1135 , cert. denied, 429 U.S. 845 , 97 S. Ct. 126 , 50 L. 2001This court previously has indicated that a witness need not personally invoke his privilege against self-incrimination to justify a finding of unavailability for Secondino purposes when, in light of all the facts, it nevertheless is apparent that the witness will refuse to testify. 21 See State v. Rosa, 170 Conn. 417, 430-31 , 365 A.2d 1135 , cert. denied, 429 U.S. 845 , 97 S. Ct. 126 , 50 L.	1	2001–2001
Commonwealth v. Groce green massappct · 1988	1	1999–1999
Sandstrom v. Montana green scotus · 1979	1	1999–1999
Ross v. State green nev · 1990 2 sentences 1999See, e.g.,Herbert v. Wal-Mart Stores, Inc., 911 F.2d 1044, 1048 (5th Cir. 1990) (rejecting missing witness rule for both civil and criminal cases); State v. Brewer, 505 A.2d 774, 777 (Me. 1985) (rejecting missing witness rule for criminal cases); State v. Parker, 417 N.W.2d 643, 647 (Minn. 1988) (same); Henderson v. State, 367 So. 2d 1366, 1368 (Miss. 1979) (same); Ross v. State, 106 Nev. 924, 927 , 803 P.2d 1104 (1990) (same); State v. Jefferson, 116 R.I. 124, 139-40 , 353 A.2d 190 (1976) (same); State v. Hammond, 270 S.C. 347, 356 , 242 S.E.2d 411 (1978) (rejecting missing witness rule for b 1999See, e.g.,Herbert v. Wal-Mart Stores, Inc., 911 F.2d 1044, 1048 (5th Cir. 1990) (rejecting missing witness rule for both civil and criminal cases); State v. Brewer, 505 A.2d 774, 777 (Me. 1985) (rejecting missing witness rule for criminal cases); State v. Parker, 417 N.W.2d 643, 647 (Minn. 1988) (same); Henderson v. State, 367 So. 2d 1366, 1368 (Miss. 1979) (same); Ross v. State, 106 Nev. 924, 927 , 803 P.2d 1104 (1990) (same); State v. Jefferson, 116 R.I. 124, 139-40 , 353 A.2d 190 (1976) (same); State v. Hammond, 270 S.C. 347, 356 , 242 S.E.2d 411 (1978) (rejecting missing witness rule for b	1	1999–1999
State v. Romero green conn · 1996	1	1999–1999
State v. Panella green conn · 1996	1	1999–1999
State v. Panella green connappct · 1996	1	1999–1999
Russell v. Commonwealth green va · 1976 2 sentences 1999See, e.g.,Herbert v. Wal-Mart Stores, Inc., 911 F.2d 1044, 1048 (5th Cir. 1990) (rejecting missing witness rule for both civil and criminal cases); State v. Brewer, 505 A.2d 774, 777 (Me. 1985) (rejecting missing witness rule for criminal cases); State v. Parker, 417 N.W.2d 643, 647 (Minn. 1988) (same); Henderson v. State, 367 So. 2d 1366, 1368 (Miss. 1979) (same); Ross v. State, 106 Nev. 924, 927 , 803 P.2d 1104 (1990) (same); State v. Jefferson, 116 R.I. 124, 139-40 , 353 A.2d 190 (1976) (same); State v. Hammond, 270 S.C. 347, 356 , 242 S.E.2d 411 (1978) (rejecting missing witness rule for b 1999See, e.g.,Herbert v. Wal-Mart Stores, Inc., 911 F.2d 1044, 1048 (5th Cir. 1990) (rejecting missing witness rule for both civil and criminal cases); State v. Brewer, 505 A.2d 774, 777 (Me. 1985) (rejecting missing witness rule for criminal cases); State v. Parker, 417 N.W.2d 643, 647 (Minn. 1988) (same); Henderson v. State, 367 So. 2d 1366, 1368 (Miss. 1979) (same); Ross v. State, 106 Nev. 924, 927 , 803 P.2d 1104 (1990) (same); State v. Jefferson, 116 R.I. 124, 139-40 , 353 A.2d 190 (1976) (same); State v. Hammond, 270 S.C. 347, 356 , 242 S.E.2d 411 (1978) (rejecting missing witness rule for b	1	1999–1999
State v. Jefferson green ri · 1976	1	1999–1999
State v. Hammond green sc · 1978 2 sentences 1999See, e.g.,Herbert v. Wal-Mart Stores, Inc., 911 F.2d 1044, 1048 (5th Cir. 1990) (rejecting missing witness rule for both civil and criminal cases); State v. Brewer, 505 A.2d 774, 777 (Me. 1985) (rejecting missing witness rule for criminal cases); State v. Parker, 417 N.W.2d 643, 647 (Minn. 1988) (same); Henderson v. State, 367 So. 2d 1366, 1368 (Miss. 1979) (same); Ross v. State, 106 Nev. 924, 927 , 803 P.2d 1104 (1990) (same); State v. Jefferson, 116 R.I. 124, 139-40 , 353 A.2d 190 (1976) (same); State v. Hammond, 270 S.C. 347, 356 , 242 S.E.2d 411 (1978) (rejecting missing witness rule for b 1999See, e.g.,Herbert v. Wal-Mart Stores, Inc., 911 F.2d 1044, 1048 (5th Cir. 1990) (rejecting missing witness rule for both civil and criminal cases); State v. Brewer, 505 A.2d 774, 777 (Me. 1985) (rejecting missing witness rule for criminal cases); State v. Parker, 417 N.W.2d 643, 647 (Minn. 1988) (same); Henderson v. State, 367 So. 2d 1366, 1368 (Miss. 1979) (same); Ross v. State, 106 Nev. 924, 927 , 803 P.2d 1104 (1990) (same); State v. Jefferson, 116 R.I. 124, 139-40 , 353 A.2d 190 (1976) (same); State v. Hammond, 270 S.C. 347, 356 , 242 S.E.2d 411 (1978) (rejecting missing witness rule for b	1	1999–1999
State v. Ruiz green conn · 1987	1	1995–1995
Shelnitz v. Greenberg green conn · 1986	1	1994–1994
State v. McLaughlin green conn · 1939	1	1994–1994
People v. Pate green michctapp · 1981	1	1994–1994
Mitchell v. United States green scotus · 1962	1	1994–1994
Fontaine v. Coyle green conn · 1978	1	1994–1994
McNamee v. Woodbury Congregation of Jehovah's Witnesses green conn · 1984	1	1991–1991
State v. Graham green conn · 1986	1	1991–1991
Wendland v. Ridgefield Construction Services, Inc. green conn · 1983	1	1991–1991
State v. Hart green conn · 1986	1	1990–1990
Lanigan v. United States green scotus · 1983	1	1988–1988
M/V Pollux v. Goodpasture, Inc. green scotus · 1983	1	1988–1988
Freeman v. United States green scotus · 1983	1	1988–1988

Statutes the citing opinions construe

CT § Conn. Gen. Stat. § 53a-54a (12) CT § Conn. Gen. Stat. § 52-216c (8) CT § Conn. Gen. Stat. § 53-21 (8) CT § Conn. Gen. Stat. § 51-199 (7) CT § Conn. Gen. Stat. § 53a-59 (7) CT § Conn. Gen. Stat. § 53a-54b (6) CT § Conn. Gen. Stat. § 53a-54c (6) CT § Conn. Gen. Stat. § 53a-70 (6) CT § Conn. Gen. Stat. § 53a-182 (5) CT § Conn. Gen. Stat. § 53a-3 (5) CT § Conn. Gen. Stat. § 53a-35a (5) CT § Conn. Gen. Stat. § 53a-48 (4)

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

NY 98 (1980–2026) WA 79 (1968–2026) MA 69 (1986–2026) PA 67 (1978–2026) TN 60 (1977–2024) MI 60 (1983–2026) DC 57 (1968–2022) CT 47 (1984–2024) IL 38 (1985–2026) MD 29 (1977–2021) IN 7 (1982–2007) OH 6 (1977–2026) WV 4 (1987–2026) VA 4 (1976–2024) NJ 4 (1992–2013) WI 3 (1977–2014) ME 3 (1981–2025) IA 2 (1979–2016) SC 2 (2013–2014) NC 2 (2021–2021) CO 2 (1986–1996) VT 2 (1987–2001)

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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