State v. Grant
87 A.3d 1150
Conn. App. Ct.2014Background
- Victim Maurice Johnson, a marijuana dealer, is killed after an armed ambush in the Legend’s Social Club parking lot in Bridgeport on Jan. 31, 2008; Rose was with him and witnesses the crime.
- Grant allegedly arranged the meeting by transporting an armed assailant and luring the victim into the defendant’s car where the ambush occurred.
- Rose identified Grant in a police photo array after the arrest; an arrest warrant issued and Grant was apprehended in New York on Feb. 5, 2008.
- Grant was charged by substitute information with conspiracy to commit murder and murder; the jury found him guilty of conspiracy to commit murder and as an accessory and coconspirator under Pinkerton liability.
- The trial court sentenced Grant to 20 years for conspiracy and 45 years for murder, to run concurrently, for an effective 45-year sentence; conviction and sentence were affirmed on appeal.
- Key procedural posture includes challenges to sufficiency of evidence, jury instruction on agreement, and denial of a mistrial based on jury misconduct.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Conspiracy to commit murder sufficiency | State argues evidence shows agreement and overt acts. | Grant contends insufficient proof of agreement or overt act. | Sufficiency supported; reasonable inference of agreement and overt act established. |
| Murder as an accessory sufficiency | State maintains dual intent proven by aiding the principal and intent to kill. | Grant argues lack of proof of intent to aid and to kill. | Sufficient evidence to prove murder as an accessory beyond a reasonable doubt. |
| Conspiracy instruction on agreement element | State asserts instructional alignment with law; no misinstruction. | Grant claims instruction misled by allowing mere knowledge to satisfy agreement. | No reversible error; charge viewed as a whole did not mislead the jury; Golding standard applied. |
| Mistrial for jury misconduct | Claim not reviewable as induced error; court affirmed after curative instruction and alternate juror seating. |
Key Cases Cited
- State v. Brown, 299 Conn. 640 (2011) (sufficiency review standards for conspiracy and accessory liability)
- State v. Green, 62 Conn. App. 217, 774 A.2d 157 (2001) (conspiracy may be inferred from actions of coconspirators)
- State v. Rosado, 134 Conn. App. 505, 39 A.3d 1156 (2012) (conspiracy can be inferred from presence at critical stages)
- State v. Lopez, 52 Conn. App. 176, 726 A.2d 620 (1999) (luring victim into location constitutes overt act in furtherance of conspiracy)
- State v. Taylor, 132 Conn. App. 357, 31 A.3d 872 (2011) (instruction on conspiracy agreement consistent with model instructions; later certiorari status noted)
