165 Conn. App. 137
Conn. App. Ct.2016Background
- Defendant Jason Day, self-represented, was convicted of assaulting a correctional officer under § 53a-167c(a)(5) after a jury trial.
- At Northern Correctional Institution, May 27, 2011, Day allegedly threw liquid and feces from a Styrofoam cup at Officer Torkington during an attempted transfer to the infirmary.
- Prior to trial, Day waived counsel and standby counsel Douglas Ovian was appointed.
- The State’s evidence included a full video exhibit of the incident and an earlier, edited version; Day argued the longer video should have been admitted and used in closing.
- Day contends multiple trial issues, including ineffective standby counsel, due process concerns, evidentiary and instructional errors, and sufficiency of the evidence; the trial court denied relief, and the judgment was affirmed on appeal.
- Day was sentenced to eight years, consecutive to his life-without-parole term.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance of standby counsel | Day | Day claims standby counsel ineffective | No review on direct appeal; record insufficient |
| Due process from discussing prior acquittal | Day | Court discussed prior acquittal; argues due process violation | Claim unpreserved but review in record shows outside-jury remarks; no cognizable due process violation |
| Cross-examination question | Day | Improper question about prior acquittal; court failed to strike | Question not asked; no error in cross-examination scope |
| Sufficiency of the evidence—acting in duties | State | Torkington acted outside duties; no authority to move inmate | Jury could reasonably find Torkington acted in duties based on uniformed status and transfer authority |
Key Cases Cited
- State v. Crespo, 246 Conn. 665 (Conn. 1998) (ineffective assistance generally raised in habeas corpus; record adequacy)
- State v. Tillman, 220 Conn. 487 (Conn. 1991) (record must show demographic data for jury array challenge; Duren test)
- State v. Elson, 311 Conn. 726 (Conn. 2014) (unpreserved Golding review admissible when record adequate)
- State v. Tatum, 219 Conn. 721 (Conn. 1991) (due process not violated by outside-jury misconduct)
- State v. Stuart, 113 Conn. App. 541 (Conn. App. 2009) (exhibits marked for identification improper in closing)