State v. Miranda
2013 Conn. App. LEXIS 451
Conn. App. Ct.2013Background
- Lopez was murdered Jan 3, 1988 in Hartford; Miguel Roman was convicted of murder in 1988 and later exonerated by DNA testing in 2008.
- DNA testing linked the semen on the vaginal swab and other evidence to Pedro Miranda, leading to his arrest and conviction for capital felony, murder, felony murder, and kidnapping.
- The trial court sentenced Miranda to life without parole for capital felony, plus lengthy consecutive sentences for other offenses.
- The defendant challenged multiple convictions as double jeopardy given State v. Polanco; the court agreed only that the murder conviction must be vacated, with capital felony remaining and vacated murder to be reinstated if capital felony reversed later.
- The court also considered sufficiency of the kidnapping evidence, the admissibility of a detective’s remark about the killer, and the missing witness instruction, ultimately vacating the murder and felony murder convictions but affirming the rest.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Double jeopardy regarding overlapping homicide convictions | Miranda argues Polanco requires vacatur of murder and felony murder | State argues Polanco only applies to greater/lesser offenses | Murder and felony murder vacated; capital felony stands |
| Sufficiency of evidence for kidnapping first degree | Lopez’s confinement had independent criminal significance | Confinement was incidental to murder | Sufficient evidence of kidnapping with independent confinement significance |
| Admission of detective Kovanda testifying about the killer | Evidence improperly framed ultimate issue | Testimony was not an ultimate-issue opinion and limited in scope | Court did not abuse discretion; testimony limited to eliciting defendant’s reaction, not proof of guilt |
| Missing witness instruction regarding Miguel Roman | State should have been compelled to produce Roman | Missing witness instruction inappropriate after Malave | Denied; Malave abrogated missing witness instruction in criminal cases |
Key Cases Cited
- State v. Polanco, 308 Conn. 242 (2013) (vacatur remedy for greater/lesser included offenses applied to double jeopardy in Polanco)
- State v. Chicano, 216 Conn. 699 (1990) (intentional murder and felony murder treated as same offense for double jeopardy; merger considerations)
- State v. Salamon, 287 Conn. 509 (2008) (kidnapping can attach when restraint has independent criminal significance)
- State v. John, 210 Conn. 652 (1989) (felony murder and intentional murder treated as same offense for double jeopardy)
- United States v. Dhinsa, 243 F.3d 635 (2d Cir. 2001) (insufficient evidence and jury instruction considerations; evidence sufficiency in complex cases)
- Rutledge v. United States, 517 U.S. 292 (1996) (discussed in context of vacatur and lesser offense convictions)
- State v. Malave, 250 Conn. 722 (1999) (abrogated missing witness instruction in criminal cases)