State v. Turner
133 Conn. App. 812
Conn. App. Ct.2012Background
- In June 2007 Turner lived with Curtis McGill; McGill had sold PCP to Lakisha Alexander, sister of the victim Vernall Marshall.
- Alexander stole PCP from McGill; Turner and others were involved in events on Bank Street in June 2007 that culminated in violent threats.
- On June 19, 2007 the victim confronted McGill; Turner and two others arrived, Turner brandished a gun and threatened violence, then left with the others.
- On June 21, 2007 the victim was shot in the head by Turner near Ernie's Cafe; he died after being treated at a hospital.
- On January 8, 2008 the state charged Turner with murder; Raul Davila was appointed as special public defender on May 28, 2008.
- Turner repeatedly moved to replace Davila on May 28 and June 1, 2009; the court denied removal but allowed standby counsel when Turner chose to proceed pro se.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court abused discretion in denying new counsel | Turner | State | No abuse; no exceptional circumstances shown |
| Whether the court properly canvassed Turner about self-representation | Turner | State | No clear and unequivocal invocation of right to self-representation |
| Whether Turner was denied counsel of his choice in violation of the Sixth Amendment | Turner | State | No reversible error; court did not reject Turner’s chosen counsel |
| Whether the equal protection claim was preserved or reversible error | Turner | State | Not preserved and Golding/plain-error review not satisfied |
| Whether the evidence was sufficient to convict of murder | State | Turner | Evidence sufficient; video and testimony cumulatively supported guilt |
Key Cases Cited
- State v. Flanagan, 293 Conn. 406 (2009) (abuse of discretion standard for appointment of counsel)
- State v. Drakeford, 202 Conn. 75 (1987) (limits on last-minute discharge of counsel)
- State v. Williams, 102 Conn.App. 168 (2007) (counsel change standard on eve of trial)
- State v. David M., 109 Conn.App. 172 (2008) (bare assertions of threats not sufficient to change counsel)
- State v. Jenkins, 70 Conn.App. 515 (2002) (abstract, unsubstantiated claims of breakdown in communications insufficient)
- Quint v. Commissioner of Correction, 99 Conn.App. 395 (2007) (clear invocation required for self-representation)
- State v. Peeler, 265 Conn. 460 (2003) (counsel of choice and prejudice presumption framework)
- State v. Webb, 238 Conn. 389 (1996) (Practice Book § 44-3 and warnings about self-representation)
- State v. Golding, 213 Conn. 233 (1989) (Golding standard for unpreserved constitutional claims)
- State v. Roger B., 297 Conn. 607 (2010) (plain error standard for constitutional claims)
- State v. Serrano, 123 Conn.App. 530 (2010) (evidence weight and reliability of video recordings)