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5 Connecticut opinions name it 2 courts 2009–2016 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.
| Case | Followed | Cited |
|---|---|---|
State v. Rizzogreen2 sentences2010See State v. Rizzo, 266 Conn. 171, 263 , 833 A.2d 363 (2003) ("the use of needless sarcasm by the state's attorney [may call] upon the jurors' feelings of disdain, and [may send] them the message that the use of sarcasm, rather than reasoned and moral judgment, as a method of argument was permissible and appropriate for them to use"). *34 The defendant also claims that the assistant state's attorney improperly characterized the defendant's theories of defense as "absurd," "speculation and innuendo and fancy words," "clever," "creative," "desperate," "weak" and "[smoke and] mirrors" during her 2010See State v. Rizzo, 266 Conn. 171, 263 , 833 A.2d 363 (2003) ("the use of needless sarcasm by the state's attorney [may call] upon the jurors' feelings of disdain, and [may send] them the message that the use of sarcasm, rather than reasoned and moral judgment, as a method of argument was permissible and appropriate for them to use"). *34 The defendant also claims that the assistant state's attorney improperly characterized the defendant's theories of defense as "absurd," "speculation and innuendo and fancy words," "clever," "creative," "desperate," "weak" and "[smoke and] mirrors" during her | 1 | 1 |
State v. Smallgreen2 sentences2009See State v. Small, 242 Conn. 93, 118 , 700 A.2d 617 (1997) (Borden, J., concurring) (“the defendant is entitled to a jury instruction on inconsistent defenses, including a theory of defense that his testimony squarely contradicts, where there is evidence that *263 supports the inconsistent defenses”); State v. Person, supra, 350 (“no rule of law prevents a jury from being charged, when requested, on the defense of extreme emotional disturbance simply because the defendant has testified that he or she was not upset”). 2009See State v. Small, 242 Conn. 93, 118 , 700 A.2d 617 (1997) (Borden, J., concurring) (“the defendant is entitled to a jury instruction on inconsistent defenses, including a theory of defense that his testimony squarely contradicts, where there is evidence that *263 supports the inconsistent defenses”); State v. Person, supra, 350 (“no rule of law prevents a jury from being charged, when requested, on the defense of extreme emotional disturbance simply because the defendant has testified that he or she was not upset”). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Connecticut. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
United States v. Carlos Simon
green
1 sentence2016First, the defendant claims that United States v. Simon , 964 F.2d 1082 (11th Cir. 1992), cert. denied, 507 U.S. 1033 , 113 S.Ct. 1854 , 123 L.Ed.2d 476 (1993), is analogous to the facts here. | 1 | 2016–2016 |
Castillo v. New York
green
1 sentence2016First, the defendant claims that United States v. Simon , 964 F.2d 1082 (11th Cir. 1992), cert. denied, 507 U.S. 1033 , 113 S.Ct. 1854 , 123 L.Ed.2d 476 (1993), is analogous to the facts here. | 1 | 2016–2016 |
Peterson v. Stafford
green
1 sentence2016First, the defendant claims that United States v. Simon , 964 F.2d 1082 (11th Cir. 1992), cert. denied, 507 U.S. 1033 , 113 S.Ct. 1854 , 123 L.Ed.2d 476 (1993), is analogous to the facts here. | 1 | 2016–2016 |
State v. NATHAN J.
green
2 sentences2015See State v. Andrews, 313 Conn. 266 , 313, 96 A.3d 1199 (2014) (‘‘[t]he trier of fact may credit part of a witness’ testimony and reject other parts’’ [internal quotation marks omitted]); State v. Nathan J., 294 Conn. 243, 262 , 982 A.2d 1067 (2009) (‘‘a defendant may be entitled to jury instructions reflecting inconsistent theories of defense even if evi- dence presented by the defendant directly contradicts one of the theories of defense’’). 2015See State v. Andrews, 313 Conn. 266 , 313, 96 A.3d 1199 (2014) (‘‘[t]he trier of fact may credit part of a witness’ testimony and reject other parts’’ [internal quotation marks omitted]); State v. Nathan J., 294 Conn. 243, 262 , 982 A.2d 1067 (2009) (‘‘a defendant may be entitled to jury instructions reflecting inconsistent theories of defense even if evi- dence presented by the defendant directly contradicts one of the theories of defense’’). | 1 | 2015–2015 |
State v. Lamont Fields
green
2 sentences2015Having concluded that the instruction was deficient, we turn to the question of whether the state proved that the improper instruction was harmless beyond a reasonable doubt. ‘‘[T]he test for determining whether a constitutional error is harmless . . . is whether it appears beyond a reasonable doubt that the error com- plained of did not contribute to the verdict obtained.’’ (Internal quotation marks omitted.) State v. Fields, 302 Conn. 236 , 245–46, 24 A.3d 1243 (2011). ‘‘When a jury is misinstructed on an essential element of a crime and a reviewing court can find that the record developed a 2015Having concluded that the instruction was deficient, we turn to the question of whether the state proved that the improper instruction was harmless beyond a reasonable doubt. ‘‘[T]he test for determining whether a constitutional error is harmless . . . is whether it appears beyond a reasonable doubt that the error com- plained of did not contribute to the verdict obtained.’’ (Internal quotation marks omitted.) State v. Fields, 302 Conn. 236 , 245–46, 24 A.3d 1243 (2011). ‘‘When a jury is misinstructed on an essential element of a crime and a reviewing court can find that the record developed a | 1 | 2015–2015 |
State v. Anderson
green
2 sentences2014Today, as we sit here today? “[The Defendant]: I believe so.” 7 The state did not offer any other evidence of Campbell’s availability to testify. 8 The defendant did not testify that Campbell was available to testify, or even that he “would probably be able to testify,” as was the case in State v. Anderson, 212 Conn. 31, 44 , 561 A.2d 897 (1989). 2014Today, as we sit here today? “[The Defendant]: I believe so.” 7 The state did not offer any other evidence of Campbell’s availability to testify. 8 The defendant did not testify that Campbell was available to testify, or even that he “would probably be able to testify,” as was the case in State v. Anderson, 212 Conn. 31, 44 , 561 A.2d 897 (1989). | 1 | 2014–2014 |
State v. Orellana
green
2 sentences2010Although we emphasize that prosecutors should not use language that is intended to belittle or denigrate the role of defense counsel, we conclude that these remarks were not directed to that role "by suggesting that defense counsel was engaging in typical defense tactics"; State v. Orellana, supra, 89 Conn.App. at 102 , 872 A.2d 506 ; but, instead, were directed at the specific arguments made by defense counsel in the present case and at the evidence supporting those arguments. 2010Although we emphasize that prosecutors should not use language that is intended to belittle or denigrate the role of defense counsel, we conclude that these remarks were not directed to that role "by suggesting that defense counsel was engaging in typical defense tactics"; State v. Orellana, supra, 89 Conn.App. at 102 , 872 A.2d 506 ; but, instead, were directed at the specific arguments made by defense counsel in the present case and at the evidence supporting those arguments. | 1 | 2010–2010 |
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.