141 Conn. App. 674
Conn. App. Ct.2013Background
- Petitioner Jason B. was convicted of first-degree sexual assault and unlawful restraint, affirmed on appeal.
- During trial, the victim testified about consensual marijuana use; she gave the cigarette butt to police.
- Police destroyed the cigarette by flushing it down a toilet before any testing.
- Petitioner claimed the destruction violated due process under article I, § 8 of the Connecticut Constitution by preventing DNA testing.
- Habeas court denied relief; petitioner sought appellate review after certification to appeal.
- Court applied the Asherman balancing test to evaluate due process claims arising from missing evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether destruction of the cigarette violated due process under article I, § 8. | Jason B. contends destruction harmed defense by eliminating exculpatory testing. | State asserts no due process violation under Asherman balancing due to lack of materiality or prejudice. | No due process violation; Asherman factors weighed against relief. |
Key Cases Cited
- State v. Morales, 232 Conn. 707 (1996) (establishes balancing test under CT Constitution, Asherman framework)
- State v. Joyce, 243 Conn. 282 (1997) (adopts Asherman balancing factors for missing evidence)
- State v. Asherman, 193 Conn. 695 (1984) (original articulation of balancing test factors)
- Arizona v. Youngblood, 488 U.S. 51 (1988) (federal due process approach not controlling; CT adopts balancing approach)