Conn. Gen. Stat. » Title 54 — CRIMINAL PROCEDURE · Chapter 959 — Court Jurisdiction and Power
Connecticut General Statutes

Conn. Gen. Stat. § 54-40 (2025)

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Transferred to Chapter 960, Sec. 54-56d.

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Notes of Decisions
Cited in 18 cases, 1969–2008 · leading case: State v. Gethers, 480 A.2d 435 (Conn. 1984).
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State v. Gethers, 480 A.2d 435 (Conn. 1984). · cites it 6× “Gemeiner suggested a mental competency examination for the defendant pursuant to General Statutes § 54-40, indicating that the defendant had been very difficult to communicate with and to represent.”
De Angelas v. Plaut, 503 F. Supp. 775 (D. Conn. 1980). · cites it 31× “§§ 2201 and 2202 seeking a declaratory judgment that Section 54-40 of the Connecticut General Statutes (hereinafter § 54-40) 2 violates the Due Process and *777 Equal Protection Clauses of the Fourteenth Amendment and have moved for summary judgment based on a stipulation and…”
State v. Cohane, 479 A.2d 763 (Conn. 1984). · cites it 3× “General Statutes § 54-40 (c). The case then went to trial.”
State v. Chairamonte, 454 A.2d 272 (Conn. 1983). · cites it 5× “That counsel also filed a notice that the defendant “may rely upon the defense of mental disease or defect.”
State v. Jenkins, 954 A.2d 806 (Conn. 2008). · cites it 3× “16 Section 54-56d formerly was codified at General Statutes § 54-40, and the language at issue that now appears in § 54-56d (i) was added in 1977.”
State v. Toste, 504 A.2d 1036 (Conn. 1986). · cites it 2× “On November 18,1980, that doctor concluded his evaluations and filed his written report pursuant to General Statutes § 54-56d (formerly General Statutes § 54-40). Finally, on December 1, 1980, a hearing was held at which the court determined that the defendant was competent to…”
State v. Pastet, 363 A.2d 41 (Conn. 1975). · cites it 6× “Thus, the central question raised by the defendant is whether, as applied to this case, the kind of “insanity” which immunizes a person from execution under a statute such as § 54-101 is the same as that which also immunizes him from imposition of sentence.”
State v. Bethea, 355 A.2d 6 (Conn. 1974). · cites it 4× “In his brief, the defendant argues that when counsel for the defendant made these representations, the court, on its own motion, should have fully inquired into the situation as is required before a guilty plea is accepted, or, in the alternative, that a hearing to determine the…”
State v. Kosiorek, 259 A.2d 151 (Conn. App. Ct. 1969). · cites it 8× “523, § 2 (now, as amended, General Statutes § 54-40) does not apply to persons committed prior to the effective date of the 1959 amendment, and any other construction would be ex post facto; (2) § 54-40 unreasonably and arbitrarily places the burden of support of a criminal…”
State v. Evans, 523 A.2d 1306 (Conn. 1987). “to 1979) § 54-40 (b) (now § 54-56d), and a copy of Borden’s report.”
State v. DesLaurier, 646 A.2d 108 (Conn. 1994). “For the purposes of this section, a defendant is not competent if he is unable to understand the proceedings against him or to assist in his own defense.”
State v. Cosgrove, 442 A.2d 1320 (Conn. 1982). “There is no suggestion in the record that the defendant suffered any disability of a mental nature which would have prompted the standard examination for competency to stand trial pursuant to General Statutes § 54-56d (formerly § 54-40). We have no occasion, therefore, to decide…”
Show all 18 citing cases →
Conn. Gen. Stat. § 54-40(c): 1 case
De Angelas v. Plaut, 503 F. Supp. 775 (D. Conn. 1980). “§§ 2201 and 2202 seeking a declaratory judgment that Section 54-40 of the Connecticut General Statutes (hereinafter § 54-40) 2 violates the Due Process and *777 Equal Protection Clauses of the Fourteenth Amendment and have moved for summary judgment based on a stipulation and…”
Conn. Gen. Stat. § 54-40(e): 1 case
De Angelas v. Plaut, 503 F. Supp. 775 (D. Conn. 1980). “§§ 2201 and 2202 seeking a declaratory judgment that Section 54-40 of the Connecticut General Statutes (hereinafter § 54-40) 2 violates the Due Process and *777 Equal Protection Clauses of the Fourteenth Amendment and have moved for summary judgment based on a stipulation and…”
Conn. Gen. Stat. § 54-40(f): 1 case
De Angelas v. Plaut, 503 F. Supp. 775 (D. Conn. 1980). “§§ 2201 and 2202 seeking a declaratory judgment that Section 54-40 of the Connecticut General Statutes (hereinafter § 54-40) 2 violates the Due Process and *777 Equal Protection Clauses of the Fourteenth Amendment and have moved for summary judgment based on a stipulation and…”
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