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165 Conn. App. 28
Conn. App. Ct.
2016
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Background

  • Leach was convicted at trial of first‑degree robbery with a deadly weapon and first‑degree assault by firearm for a January 13, 2013 attempted marijuana robbery.
  • At the meet‑up, Leach, in the backseat with Serrano, pointed a gun; Serrano was shot in the leg and money/marijuana were taken.
  • Socci and Marucci identified Jean‑Pierre as the accomplice to police; Jean‑Pierre testified in Leach’s trial in exchange for leniency.
  • Leach was sentenced to a total term of 14 years imprisonment plus 6 years of special parole.
  • On appeal, Leach challenged allegedly imbalanced jury instructions; the State asserted waiver under Kitchens; the appellate court agreed and affirmed the conviction.
  • The court held Leach implicitly waived the instructional error claim due to defense counsel’s review and acquiescence; Golding review and supervisory review were declined.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Waiver of instructional-error claim under Kitchens Leach contends instructions were one‑sided and violated rights. Leach did not waive; counsel objected. Waived under Kitchens.
Golding review when rights are waived Waiver does not bar Golding review. Waiver forecloses Golding third prong. Golding third prong unavailable; claim fails.
Court’s use of supervisory authority for unpreserved claims Review via supervisory powers warranted. Not appropriate to bypass for unpreserved errors. Declined to invoke supervisory powers.

Key Cases Cited

  • State v. Kitchens, 299 Conn. 447 (2011) (waiver of jury instruction rights by counsel review and acquiescence standard)
  • State v. Bialowas, 160 Conn. App. 417 (2015) (meaningful review and acquiescence analysis in Kitchens context)
  • State v. Mungroo, 299 Conn. 667 (2011) (Golding framework when rights waived as to unpreserved claims)
  • State v. Golding, 213 Conn. 233 (1989) (constitutional claim waiver; third prong requires actual injustice)
  • State v. Elson, 311 Conn. 726 (2014) (supervisory authority not used to bypass unpreserved claims)
Read the full case

Case Details

Case Name: State v. Leach
Court Name: Connecticut Appellate Court
Date Published: Apr 26, 2016
Citations: 165 Conn. App. 28; 138 A.3d 445; 2016 Conn. App. LEXIS 164; AC37018
Docket Number: AC37018
Court Abbreviation: Conn. App. Ct.
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    State v. Leach, 165 Conn. App. 28