State v. Clark, 137 Conn. App. 203

Victim was assaulted at Evey’s Sports Café on Oct 4, 2008 when defendant struck her with a beer bottle during an argument.
Injuries were serious: two front teeth embedded in upper lip; neck laceration requiring suturing; victim treated and released next day.
Defendant was arrested Jan 20, 2009 and charged with assault in the first degree under § 53a-59(a)(1) and (a)(2).
Jury found defendant not guilty of assault in the first degree under § 53a-59(a)(2) and guilty under § 53a-59(a)(1); sentenced to 20 years and a standing criminal restraining order filed under § 53a-40e.
On motion in limine, the state sought to impeach defendant with five prior felonies; the court admitted four unnamed felonies over objection as being too remote.
Court later held the standing criminal restraining order improvidently issued because defendant and victim were not family/household members under § 46b-38a.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admissibility of prior felonies for impeachment	State argues credibility impeachment permitted by Rule 6-7(a) balance favors probative value.	Carves out remoteness and lack of direct nexus to veracity; admits only 1997 conviction was allowed.	Admission abused discretion; but no reversible harm shown.
Harm of improper impeachment evidence	State contends strong, largely uncontested case minimizes impact of prior felonies.	Prior felonies created unfair prejudice and would sway guilt.	No substantial prejudice; no new trial required.
Authority to issue standing criminal restraining order	Victim seeks protection under § 53a-40e; order proper if criteria met.	Victim not a family/household member; statute inapplicable.	Order vacated; statute not applicable to this relationship.

State v. Banks, 58 Conn. App. 603 (2000) (three-factor test for admitting prior convictions for impeachment)
State v. Carter, 228 Conn. 412 (1994) (ten-year guideline for remoteness and balancing probative value)
State v. Cooper, 227 Conn. 417 (1993) (special significance of certain convictions on veracity)
State v. Roman, 6 Conn. App. 189 (1986) (remoteness reduces probative value of old convictions)
State v. Commins, 83 Conn. App. 496 (2004) (abuse-of-discretion standard in admissibility of prior convictions)
State v. Beliveau, 237 Conn. 576 (1996) (prejudice versus probative value in admitting prior crimes for impeachment)
State v. Jefferson, 67 Conn. App. 249 (2001) (evidentiary, not constitutional, impact of prior felonies)
State v. Whelan, 200 Conn. 743 (1986) (admission of prior statements as substantive evidence)