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139 Conn. App. 469
Conn. App. Ct.
2012
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Background

  • Jones was convicted by jury of second-degree assault under § 53a-60(a)(2).
  • Events at issue occurred on June 9, 2009 between Harris (complainant) and Jones near a bus terminal, culminating in an altercation during which Jones used a knife.
  • Jones was intoxicated during the second encounter; Harris restrained Jones and fled as police arrived.
  • Police initially treated Jones as a victim and later learned he was a suspect in a knife assault; Jones was arrested.
  • On appeal, Jones challenges prosecutorial improprieties, jury instructions on initial aggressor/self-defense, and the knife seizure/suppression.
  • The court reverses for a new trial based on prosecutorial improprieties; it upholds the denial of suppression and remands for new trial.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Prosecutorial impropriety deprived due process Jones contends improper comments denied fair trial. State argues improprieties were harmless in context of motive to lie. New trial granted for substantial prejudice.
Jury instruction on initial aggressor/self-defense Defense asserts lack of proper perspectives and words-only aggressor rule. State argues instruction was proper. Not reached due to reversal on other issue.
Motion to suppress knife evidence Jones contends seizure violated Fourth Amendment Consent exception valid; knife lawfully obtained Denied; consent properly supported suppression ruling.

Key Cases Cited

  • State v. Fauci, 282 Conn. 23 (2007) (guidance on prosecutorial impropriety harming due process analysis)
  • State v. Stevenson, 269 Conn. 563 (2004) (Williams factors for prejudice; objection/or curative instruction considerations)
  • State v. Singh, 259 Conn. 693 (2002) (prohibition on witness credibility questions; danger of government witness credibility bias)
  • State v. Warholic, 278 Conn. 354 (2006) (credibility-centric case; three Singh violations not isolated when central issue)
  • State v. Angel T., 292 Conn. 262 (2009) (central credibility contest; improper Singh violations prejudicial)
  • State v. Ceballos, 266 Conn. 364 (2003) (multiple improprieties; impact on credibility and curative measures)
  • State v. Ritrovato, 280 Conn. 36 (2006) (one Singh violation with limited frequency not always reversible)
Read the full case

Case Details

Case Name: State v. Jones
Court Name: Connecticut Appellate Court
Date Published: Dec 11, 2012
Citations: 139 Conn. App. 469; 56 A.3d 724; 2012 Conn. App. LEXIS 585; AC 33484
Docket Number: AC 33484
Court Abbreviation: Conn. App. Ct.
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