Justia Criminal Law Opinion Summaries

The Supreme Court affirmed the judgment of the Appellate Court affirming Defendant's conviction, rendered after a jury trial, of tampering with a witness, holding that the the Appellate Court correctly determined that the jury reasonably concluded that Defendant was guilty of violating Conn. Gen. Stat. 53a-151(a).On appeal, Defendant argued that there was insufficient evidence to permit a jury reasonably to infer that, when she sent text messages to her boyfriend, Jason Majewski, Defendant had the specific intent to interfere with a witness' testimony at an official proceeding. The Appellate Court affirmed. The Supreme Court affirmed, holding that the Appellate Court correctly determined that the jury reasonably could have found that Defendant tampered with a witness. View "State v. Lamantia" on Justia Law

The Supreme Court reversed the judgment of the Appellate Court concluding that Defendant's conviction of breach of the peace in the second degree must be reversed because the First Amendment barred his prosecution for the statements at issue, holding that Defendant's remarks were unprotected fighting words, and therefore, his conviction did not violate the First Amendment.At issue were Defendant's "vulgar and racially charged" remarks that included utterances of the words "fucking niggers" directed at an African-American parking enforcement official following Defendant's receipt of a parking ticket. As a result of this conduct, Defendant was convicted of breach of the peace in the second degree. The Appellate Court reversed, concluding that Defendant's speech was constitutionally protected. The Supreme Court reversed, holding that the Appellate Court erred in concluding that Defendant's language did not constitute fighting words. View "State v. Liebenguth" on Justia Law

The Supreme Court reversed the judgment of the trial court convicting Defendant of several crimes in connection with a murder in the city of Hartford in 2002, and remanded this case for a new trial, holding that Defendant's constitutional right to counsel was violated and that, therefore, he was entitled to a new trial on all counts.On appeal, Defendant argued that the State violated its obligation under Messiah v. United States, 377 U.S. 201 (Conn. 1964), to respect and preserve the invocation of his right to counsel under the Sixth Amendment by using a jailhouse informant deliberately to elicit incriminating statements from Defendant. The Supreme Court agreed and reversed Defendant's convictions, holding that the trial court's denial of Defendant's motion to suppress the informant's testimony was improper and that Defendant was entitled to a new trial. View "State v. Ashby" on Justia Law

The Supreme Court affirmed the judgment of the Appellate Court affirming Defendant's conviction of assault in the third degree, in violation of Conn. Gen. Stat. 53a-61, holding that the Appellate Court did not err.Specifically, the Supreme Court held that the Appellate court (1) correctly concluded that Defendant had failed to preserve his claim that the trial court violated his constitutional rights by omitting a defense of personal property instruction with respect to the charge of assault; and (2) correctly concluded that Defendant waived that unpreserved claim of instructional error. View "State v. Ramon A. G." on Justia Law

The Supreme Court affirmed the judgment of the Appellate Court affirming Defendant's conviction of one count of assault of a disabled person in the third degree and one count of disorderly conduct, holding that any error in the proceedings below was harmless.Specifically, the Supreme Court held (1) the Appellate Court correctly concluded that Defendant knowingly, intelligently and voluntarily waived his right to counsel during the pretrial stage of the proceedings, and the trial court's canvass was sufficient; and (2) even assuming arguendo that had Defendant not waived the claim that he was denied the right to counsel at arraignment and during plea negotiations and that the trial court erred in failing to canvass him, any error was harmless. View "State v. Joseph A." on Justia Law

The Supreme Court affirmed in part and reversed in part the judgment of the Appellate Court affirming Defendant's conviction of two counts of assault in the first degree as a principal and two counts of assault in the first degree as an accessory, holding that the Appellate Court erred insofar as it affirmed Defendant's assault conviction as to Kenneth Tucker.Defendant's convictions were based on a joint physical assault involving two perpetrators, Defendant and his brother, and two victims, Kenneth Tucker and Luis Rodriguez. On appeal, Defendant argued that his conviction of four assault violated his right to be free from double jeopardy under the federal constitution because he committed only one assault per victim, for a total of two assaults. The Supreme Court reversed the Appellate Court's judgment insofar as it affirmed Defendant's conviction as to Tucker, holding (1) the imposition of multiple punishments on Defendant for Tucker's assault violated the Double Jeopardy Clause; and (2) Defendant's criminal acts involving Rodriguez constituted two distinct courses of conduct for double jeopardy purposes. View "State v. Ruiz-Pacheco" on Justia Law

The Supreme Court reversed the judgment of the Appellate Court affirming the judgment of the habeas court denying Petitioner's second petition for a writ of habeas corpus, holding that Petitioner's federal due process rights were violated when the State knowingly failed to correct the false testimony of two prosecution witnesses when defense counsel was aware of the falsity of the testimony.A jury found Petitioner and his codefendants guilty of murder and conspiracy to commit murder. In his second petition for a writ of habeas corpus Petitioner alleged that his prior habeas counsel provided ineffective assistance in that he failed to raise the claim that the State had violated Petitioner's right to due process by failing to correct the allegedly false testimony of two witnesses at trial. The habeas court denied the petition, and the Appellate Court affirmed. The Supreme Court reversed, holding that, in light of the facts of this case, the fact that counsel was aware of the falsity of the testimony was insufficient to protect Petitioner's due process rights. View "Gomez v. Commissioner of Correction" on Justia Law

The Supreme Court affirmed the judgment of the Appellate Court affirming Defendant's conviction of breach of the peace in the second degree, criminal mischief in the third degree, and threatening in the second degree, holding that there was no error.On appeal, Defendant argued that the Appellate Court erred in determining that the trial court did not abuse its discretion by precluding Defendant from cross-examining the state's key witness about the facts underlying the witness's prior misdemeanor convictions. The Supreme Court disagreed, holding (1) the facts underlying the witness's prior misdemeanor conviction were not relevant to veracity, motive, intent, or a common scheme or pattern; and (2) therefore, the trial court did not abuse its discretion by precluding this evidence. View "State v. Rivera" on Justia Law

The Supreme Court affirmed the order of the trial court denying Defendant's motion to dismiss the murder and tampering with physical evidence charges against her, holding that the trial court did not abuse its discretion in determining that dismissal was not warranted.At issue was whether police officers executing a search and seizure warrant for Defendant's home invaded her attorney-client privilege to the extent the charges against her should be dismissed pursuant to State v. Lenarz, 22 A.3d 536 (Conn. 2011). On appeal, Defendant argued that the police prejudiced all further prosecution against her by examining, reading, and publishing privileged information that was in the arrest warrant application. The Supreme Court affirmed, holding that the trial court properly determined that Defendant was prejudiced by the examination and seizure of certain privileged documents but that the State demonstrated that the remedial actions that the State and trial court took cured the prejudice to Defendant. View "State v. Kosuda-Bigazzi" on Justia Law

The Supreme Court affirmed the trial court's judgment convicting Defendant's criminal possession of a firearm and having a weapon in a motor vehicle, holding that there was sufficient evidence to support the convictions.On appeal, Defendant argued that there was insufficient evidence to establish that she constructively possessed a firearm under Conn. Gen. Stat. 53a-217(a) or that she knowingly had a firearm under Conn. Gen. Stat. 29-38(a). The Supreme Court affirmed, holding (1) the facts and inferences reasonably drawn from the facts sufficiently established Defendant's constructive possession of the firearm beyond a reasonable doubt; and (2) in light of the conclusion that there was sufficient evidence to support Defendant's conviction under section 53a-217(a), the same conclusion can be reached to support Defendant's conviction under section 29-38(a). View "State v. Rhodes" on Justia Law