158 Conn.App. 378
Conn. App. Ct.2015Background
- March 29, 2012: victim observes Fuller exiting his residence with a TV; he pursues and reports to police.
- Police conduct a show-up near Winthrop Avenue/Maple Street; Ziebell identifies Fuller as the perpetrator.
- Detective Stone testifies to a one-on-one identification procedure conducted about 20 feet from the suspect.
- Defendant did not move to suppress or object to the show-up or related identification evidence.
- Court instructed the jury on elements including identification but did not give a cautionary identification instruction.
- Defendant waives the issue under Kitchens; appellate court declines plain error review and denies supervisory relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether failure to give identification cautionary instruction was error | Fuller | Fuller | Waived; no plain error relief. |
| Whether implicit waiver under Kitchens bars review | Fuller | Fuller | Waiver valid; no supervisory relief. |
| Whether supervisory review warranted despite waiver | Fuller | Fuller | Not warranted; ordinary remedies adequate. |
Key Cases Cited
- State v. Ledbetter, 275 Conn. 534 (2005) (warnings in eyewitness identification; Ledbetter standard for cautionary instruction)
- State v. Kitchens, 299 Conn. 447 (2011) (implicit waiver of jury instruction; meaningful review requirement)
- State v. Edwards, 314 Conn. 465 (2014) (supervisory power invoked sparingly; rare, serious errors)