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141 Conn. App. 288
Conn. App. Ct.
2013
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Background

  • Defendant Mark P. Kuncik was stopped by state police on Route 8 in Watertown in the pre-dawn hours of Aug. 21, 2009; he was driving with a suspended license and speeding (93 mph) and became irate and noncompliant, prompting backup and the officer drawing a gun.
  • Defendant was removed from the vehicle and arrested after refusing to perform field sobriety tests.
  • Charges included interfering with a police officer (53a-167a(a)), driving with a suspended license (14-215(a)), reckless driving (14-222(a)), and DUI-related charges (14-227a(a)(1)); DUI charge was later resolved as not guilty.
  • Throughout pretrial and trial, defendant repeatedly elected to proceed as a self-represented party with standby counsel; jury trial occurred March 28–29, 2011; verdicts: guilty on three counts, not guilty on DUI.
  • Defendant challenged the court’s decision to permit self-representation as an indicator of incompetence; he sought supervisory remand for a competency hearing; the court and appellate analysis concluded supervisory intervention was not warranted and affirmed the judgments.
  • The court acknowledged Connor/Edwards standards but held the circumstances did not present the rare instance for supervisory intervention; the judgments were affirmed.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether self-representation was improper given alleged incompetence. Kuncik argues incompetence; sought remand for competency hearing. Argues Connor/Edwards heightened standard requires competency assessment. No abuse; supervisory powers not invoked; judgments affirmed.

Key Cases Cited

  • State v. Connor, 292 Conn. 483 (2009) (establishes heightened competency standard for self‑representation under Connor/Edwards)
  • Indiana v. Edwards, 554 U.S. 164 (2008) (permits different competency standard for self-representation)
  • State v. Elson, 125 Conn. App. 328 (2010) (recognizes supervisory review for unpreserved claims)
  • Iacurci v. Sax, 139 Conn. App. 386 (2012) (presumption court knows and correctly applies the law)
Read the full case

Case Details

Case Name: State v. Kuncik
Court Name: Connecticut Appellate Court
Date Published: Mar 12, 2013
Citations: 141 Conn. App. 288; 61 A.3d 561; 2013 WL 811831; 2013 Conn. App. LEXIS 128; AC 33468
Docket Number: AC 33468
Court Abbreviation: Conn. App. Ct.
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    State v. Kuncik, 141 Conn. App. 288