137 Conn. App. 782
Conn. App. Ct.2012Background
- Defendant Dereck Thomas appealed after pleading nolo contendere to one count of sexual assault in the second degree and one count of risk of injury to a child.
- Trial court conditionally accepted the plea, deferred sentencing, and later considered a presentence report.
- A presentence investigation revealed new information; the court vacated the plea and scheduled trial.
- State sought to vacate the plea, arguing the plea was not commensurate with the new information and victim input.
- Defendant argued that vacating the plea violated due process and double jeopardy; Supreme Court previously held jeopardy did not attach to conditional plea acceptance.
- Final judgment sentenced Thomas in 2010, leading to this post-judgment appeal on the denial of dismissal and specific performance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether double jeopardy bars relitigating the issues | Thomas argues denial of double jeopardy protections | State argues jeopardy did not attach to conditional plea | Res judicata bars relitigation of the double jeopardy claim |
| Whether collateral estoppel bars the due process claim | Thomas argues due-process violations from vacating plea | State argues issues identical to prior proceeding were decided | Collateral estoppel bars the due process claim |
Key Cases Cited
- State v. Thomas, 296 Conn. 375 (2010) (jeopardy did not attach to conditional acceptance of plea; issues foreclosed later)
- State v. Long, 301 Conn. 216 (2011) (standard for applying res judicata in criminal context)
- State v. Collazo, 115 Conn. App. 752 (2009) (collateral estoppel in criminal contexts; full and fair litigations)
- State v. Joyner, 255 Conn. 477 (2001) (identical issue requirement for collateral estoppel)
- State v. Aillon, 189 Conn. 416 (1983) (collateral estoppel where grounds for relief identical despite different arguments)
- State v. Jones, 98 Conn. App. 695 (2006) (recognizes collateral estoppel effect in related disputes)
- State v. Bonner, 110 Conn. App. 621 (2008) (illustrates collateral estoppel application in related criminal matters)
- State v. William C., 135 Conn. App. 466 (2012) (discusses scope of res judicata principles)