State v. Creech
127 Conn. App. 489
Conn. App. Ct.2011Background
- Defendant Kevin C. Creech was convicted after a jury trial of attempt to commit robbery in the third degree, attempt to commit larceny in the second degree, and unlawful restraint in the second degree.
- At ~11 a.m. on Oct. 16, 2008, Inn Sutherland was confronted by Creech who attempted to take her purse and held her against a fence.
- Davis, a New Haven officer, interrupted Creech; Creech dropped a box cutter after removing it from his pocket.
- Sutherland identified Creech to Davis, who saw Creech wearing heavy gloves on a warm day; the box cutter was later introduced as evidence.
- Creech moved in limine to preclude evidence of possession of the box cutter; the court denied the motion, instructing the jury on the purpose of the evidence.
- Creech challenges both the admissibility of the box cutter evidence and the sufficiency of the evidence for unlawful restraint.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of box cutter evidence | Creech possession supported a substantial step; relevant to crime elements | Evidence irrelevant and prejudicial; no interruption by police warranted it | Admissible; probative and not prejudicial under §53a-49(b)(6) |
| Sufficiency of unlawful restraint conviction | State showed restraint by holding victim against fence | Evidence insufficient for substantial interference with liberty | Sustained; sufficient evidence to meet §53a-96(a) |
Key Cases Cited
- State v. Jacobson, 283 Conn. 618 (2007) (abuse-of-discretion standard in evidentiary rulings)
- State v. Llera, 114 Conn.App. 337 (2009) (evidentiary balance—weapon testimony limited, not prejudicial)
- State v. Chimenti, 115 Conn.App. 207 (2009) (insufficient evidence standard for sufficiency review)