State v. Mungroo
11 A.3d 132
| Conn. | 2011Background
- In March 2002, Nazra Mungroo worked as general cashier and income auditor at a Hartford Hilton and helped handle a robbery incident.
- The hotel was robbed of over $100,000; Mungroo reported the robbery and was taken to Hartford Hospital claiming diabetic-related symptoms.
- She was absent briefly, then returned to work, taking sick leave from May 2002 and later receiving workers' compensation benefits exceeding $5,000.
- Investigators later found that Mungroo participated in staging the robbery, leading to convictions for first-degree larceny and falsely reporting an incident.
- Mungroo was charged with fraudulent receipt of workers' compensation benefits for omitting material facts about the true circumstances of the injury.
- A jury convicted her of fraudulent receipt of workers' compensation benefits; she was sentenced to one year in prison to be served consecutively.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether waiver of instructional-error claim was proper | Mungroo argues waiv er bad under Golding post-Kitchens. | Mungroo says Ebron governs unpreserved claims and requires review unless induced. | Waiver proper; Golding-based review foreclosed |
| Whether defense counsel could waive the claim on defendant's behalf | Counsel’s participation cannot bind defendant to waive a constitutional right. | Counsel acted within authority when reviewing and accepting proposed charges. | Counsel’s waiver valid; defendant’s right waived under Kitchens |
Key Cases Cited
- State v. Kitchens, 299 Conn. 447 (2011) (redefines waiver when counsel reviews drafts and accepts instructions)
- State v. Ebron, 292 Conn. 656 (2009) (unpreserved claims reviewed unless defense induced error)
- State v. Golding, 213 Conn. 233 (1989) (constitutional claims may be reviewed if four-part test satisfied)
- State v. Holness, 289 Conn. 535 (2008) (counsel may waive constitutional claims in exercising professional judgment)
- State v. Tomas D., 296 Conn. 476 (2010) (Golding framework and review principles discussed)
