142 Conn. App. 161
Conn. App. Ct.2013Background
- Defendant Somen Shipman convicted after jury trial of two murders, one capital felony, and conspiracy to commit murder under Connecticut statutes.
- murders occurred on October 29, 1996, in Bridgeport amid drug-trafficking feuds involving McClain, Gaines, and others.
- McClain pleaded guilty and provided a statement implicating Gaines and Shipman, leading to Shipman’s arrest and charges.
- trial court sentenced Shipman to life imprisonment without parole, with the conspiracy sentence to run concurrently.
- In 2000, Shipman appealed and sought rectification of the trial record to reflect jury venire races; Supreme Court granted rectification in 2004, later reconsidered by the state in 2011; this appeal concerns those procedural rulings.
- The court upheld the trial court’s Batson analysis and affirmed Shipman’s conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Rectification of trial record review by Supreme Court | Shipman argues Supreme Court improperly granted reconsideration | Gaines asserts Supreme Court acted improperly | Review declined; Supreme Court's decision not reviewed |
| Batson challenge to peremptory strike of T.G. | State’s reasons for excluding T.G. were race-neutral; no pretext | Record insufficient to show nonminority comparisons; possible prejudice | Court found no clear error; no purposeful discrimination established |
| Adequacy of record for disparate-treatment review | Races of venirepersons are essential for Batson analysis | Record incomplete; cannot review without races | Record insufficient to review; cannot determine pretext or intent |
Key Cases Cited
- Batson v. Kentucky, 476 U.S. 79 (U.S. 1986) (prohibits race-based peremptory challenges)
- Purkett v. Elem., 514 U.S. 765 (U.S. 1995) (second Batson step allows implausible reasons to be pretexts)
- State v. Hodge, 248 Conn. 207 (Conn. 2000) (review of Batson claims requires complete trial record; no review on incomplete record)
- State v. Dehaney, 261 Conn. 336 (Conn. 2002) (standard for reviewing discriminatory intent in Batson claims)
- Miller-El v. Dretke, 545 U.S. 231 (U.S. 2005) (aggregate assessment of evidence for discriminatory intent)