State v. Bree, 136 Conn. App. 1

Bree was charged in three informations with robbery in the first degree, conspiracy to commit robbery in the first degree, larceny in the second degree, conspiracy to commit larceny in the second degree, larceny in the sixth degree, and unlawful possession of a weapon in a motor vehicle across Shelton, Ansonia, and Woodbridge cases.
The state moved for joinder of the three cases; Bree objected.
The trial court granted joinder, instructing the jury to consider the cases separately.
The Woodbridge case included an identification by Bree’s probation officer, which was later stricken; Bree challenged suppression and sought a mistrial.
The jury ultimately convicted Bree on all counts and the court sentenced him to fifteen years with five years of special parole.
Bree appeals, challenging joinder, suppression/mistrial rulings, and an accomplice-testimony instruction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether joinder for trial was proper	Payne burden on state to show no substantial prejudice	Joinder would prejudice Bree; cases are discrete	Joinder was not an abuse of discretion under Payne
Whether denial to suppress Kolich’s Woodbridge testimony and denial of mistrial were proper	Identification testimony admissible; later stricken	Mistrial necessary due to prejudicial testimony	Moot as to suppression; mistrial denial affirmed given curative instructions and other evidence
Whether the court erred by not giving an accomplice-testimony instruction for Santiago	Credibility instruction appropriate but not required	Accomplice instruction warranted due to mutuality of intent and Santiago’s status	Error in omitting accomplice instruction; harmless under Patterson factors

State v. Boscarino, 204 Conn. 714 (Conn. 1987) (joinder factors guiding discretion in multi-case trials)
State v. Payne, 303 Conn. 538 (Conn. 2012) (reallocated burden on showing no substantial prejudice for joinder; cross-admissibility or Boscarino factors needed)
State v. Ouellette, 110 Conn.App. 401 (Conn. App. 2008) (criteria for evaluating prejudicial impact of joinder; appellate review standard)
State v. Davis, 286 Conn. 17 (Conn. 2008) (joinder analysis under prior rule; influential in Payne context)
State v. Cassidy, 236 Conn. 112 (Conn. 1996) (precedent on severing or joining multiple offenses with separate trials)
State v. Moore, 293 Conn. 781 (Conn. 2009) (accomplice credibility standards and necessary cautionary instruction)
State v. Patterson, 276 Conn. 452 (Conn. 2005) (harmful error inquiry for failure to give accomplice-instruction; factors for harmlessness)
State v. Santiago, 103 Conn.App. 406 (Conn. App. 2007) (accomplice instruction analysis in credibility context)