The mission of the Connecticut Judicial Branch is to serve the interests of justice and the public by resolving matters brought before it in a fair, timely, efficient and open manner.

Criminal Law Appellate Court Opinions

by Roy, Christopher

 

AC39051 - State v. Sienkiewicz ("The defendant, Pawel Sienkiewicz, appeals from the judgment of the trial court granting the state’s motion to dismiss his petition for a writ of error coram nobis. The defendant claims that the court erred in holding that it did not have jurisdiction to consider the merits of his petition and, therefore, erred in dismissing his petition for a writ of error coram nobis. We affirm the judgment of the trial court.")

AC38017 - State v. Neary ("The defendant, Stephen Neary, appeals from the judgment of the trial court denying his motion to correct an illegal sentence filed pursuant to Practice Book § 43-22. On February 7, 2013, pursuant to a plea agreement, the defendant pleaded nolo contendere to the charges of interfering with an officer in violation of General Statutes § 53a-167a, assault of public safety personnel in violation of General Statutes § 53a-167c, and carrying a dangerous weapon in violation of General Statutes § 53-206. The defendant also admitted to violating conditions of a previously imposed probation. See General Statutes § 53a-32. On the same day, the court sentenced the defendant to a total effective sentence of seven years of incarceration, execution suspended after two and one-half years to serve, and two years of conditional discharge.")

AC36790 - State v. Jackson ("This criminal appeal returns to this court following a remand by our Supreme Court. State v. Jackson, 325 Conn. 917, 163 A.3d 617 (2017). On remand, the Supreme Court has directed this court to consider the merits of the claim of the defendant, Troy Jackson, that the trial court committed plain error in failing to provide a special accomplice credibility instruction to the jury. Id. We conclude that the defendant has not met his burden pursuant to the plain error doctrine and, accordingly, affirm the judgment of the trial court.")

AC38571 - State v. Torres ("The defendant, Julio Torres, was convicted of murder in violation of General Statutes § 53a- 54a and was sentenced to fifty years of imprisonment. He appealed, claiming, among other things, that portions of the trial court’s instruction on reasonable doubt constituted plain error. The defendant also claimed that the cumulative effect of these portions of the instruction constituted plain error. This court affirmed the defendant’s conviction, holding that he waived his challenge to the reasonable doubt instruction under State v. Kitchens, 299 Conn. 447, 10 A.3d 942 (2011). See State v. Torres, 168 Conn. App. 611, 627–29, 148 A.3d 238 (2016). The defendant filed a petition for certification to appeal, claiming that this court improperly declined to review the reasonable doubt instruction for plain error. Our Supreme Court granted the petition and remanded the case to this court for consideration of his plain error claim in light of its recent decision in State v. McClain, 324 Conn. 802, 812–15, 155 A.3d 209 (2017), which held that a Kitchens waiver does not preclude appellate relief under the plain error doctrine. State v. Torres, 325 Conn. 919, 163 A.3d 618 (2017). After further review, we affirm the judgment of the trial court")

AC39841 - State v. Gill ("The defendant, Andre Gill, appeals from the judgment of conviction, rendered after a jury trial, of murder in violation of General Statutes §§ 53a-54a and 53a-8; carrying a revolver without a permit in violation of General Statutes § 29-35 (a); false statement in the second degree in violation of General Statutes (Rev. to 2011) § 53a-157b; and tampering with physical evidence in violation of General Statutes §§ 53a-155 and 53a-8. On appeal, the defendant’s sole claim is that there was insufficient evidence to prove the element of specific intent necessary to support the murder conviction. We disagree and, accordingly, affirm the judgment of the trial court.")