352 Conn. 422
Conn.2025Background
- Christopher J. Iverson was convicted of murder, attempted murder, first-degree burglary, and first-degree arson after stabbing a woman to death and assaulting her son, then setting multiple fires at the scene.
- During trial, overwhelming evidence—including eyewitness testimony and forensic evidence—supported that Iverson intentionally killed the victim.
- Iverson appealed, arguing he should have received a jury instruction on manslaughter (as a lesser included offense of murder) and that admission of an autopsy report by a non-testifying medical examiner violated his confrontation rights.
- The trial court denied both claims, holding the manslaughter instruction was unwarranted due to lack of evidentiary support, and the autopsy report was properly admitted due to defense counsel's waiver.
- On appeal, Iverson argued the trial court erred on both issues, invoking recent Supreme Court precedent regarding confrontation rights.
Issues
| Issue | Iverson's Argument | State's Argument | Held |
|---|---|---|---|
| Jury instruction on lesser-included manslaughter | Sufficient evidence supported a manslaughter charge; jury should decide. | Overwhelming evidence of intent; no evidence of recklessness. | No instruction warranted; insufficient evidence for manslaughter. |
| Admission of autopsy report by non-testifying ME | Violated confrontation rights; relied on recent case law. | Defense counsel strategically waived objection—so claim is waived. | Claim waived; strategic waiver by counsel bars relief. |
Key Cases Cited
- State v. Whistnant, 427 A.2d 414 (Conn. 1980) (sets the four-prong test for when a lesser included offense instruction is appropriate)
- State v. Golding, 567 A.2d 823 (Conn. 1989) (establishes the standard for review of unpreserved constitutional claims)
- Bullcoming v. New Mexico, 131 S. Ct. 2705 (U.S. 2011) (surrogate testimony regarding forensic reports cannot satisfy the Confrontation Clause)
