State v. Walker
147 Conn. App. 1
| Conn. App. Ct. | 2013Background
- Defendant James E. Walker convicted after jury trial of one count of conspiracy to commit first-degree assault under Conn. Gen. Stat. §§ 53a-59(a)(5), 53a-48.
- Guilt based largely on jailhouse informant Dickerson’s testimony in exchange for consideration in his own case.
- Police recovered a Beretta and shell casings at the Dixwell Avenue shooting scene; fingerprint on a car matched the defendant.
- DNA on a sneaker in the fence area showed defendant as a major contributor.
- Evidence linked Walker to the gray Ford Focus and to James Dickerson via phone records and DNA, supporting a joint shooting theory.
- Jury acquitted Walker of assault in the first degree as either an accessory or a principal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence where central witness is jailhouse informant | Walker argues Dickerson’s testimony alone insufficient | Walker contends lack of corroboration for informant evidence | No merit; traditional two-part sufficiency test applied; no rule requiring one-witness-plus-corroboration established |
| Right to be present at critical stages in chambers regarding conflict of interest | State argues no adequate record of in-chambers conference | Walker asserts absence violated right to be present at critical stages | Record inadequate for review; no clear critical-stage showing; Golding/plain-error relief denied |
| Admissibility of latent fingerprint testimony after evidence loss; Morales-Asherman due process analysis | State argues prints lost; testimony admissible for weight | Rights to confrontation and due process violated; Morales-Asherman balancing required | Record insufficient to apply Morales-Asherman; no remand for evidentiary hearing; claim not reviewable on appeal |
Key Cases Cited
- State v. Butler, 296 Conn. 62 (Conn. (2010)) (sufficiency review framework (two-part, favorable-to-verdict, reasonable-doubt))
- State v. Parrott, 262 Conn. 276 (Conn. (2003)) (conflict-of-interest inquiry principles; loyalty duty)
- State v. Drakeford, 261 Conn. 420 (Conn. (2002)) (court may rely on attorney representations during conflict inquiry)
- State v. Lopez, 271 Conn. 724 (Conn. (2004)) (definition of critical stage; presence or waiver considerations)
- State v. Chambers, 296 Conn. 397 (Conn. (2010)) (fact-intensive inquiry into whether conference is critical stage)
- State v. Hazel, 106 Conn. App. 213 (Conn. App. (2008)) (absence of record may bar review on appeal)
- State v. Sam, 98 Conn. App. 13 (Conn. App. (2006)) (in camera conflict inquiry may be critical stage)
- State v. Morales, 232 Conn. 707 (Conn. (1995)) (Asherman balancing test for missing evidence due process)
- State v. Asherman, 193 Conn. 695 (Conn. (1984)) (Asherman balancing factors for missing evidence)
- State v. Joyce, 243 Conn. 282 (Conn. (1997)) (Asherman factors and missing evidence analysis)
- State v. Darden, 239 Conn. 467 (Conn. (1996)) (need for factual findings to review Ash/ Morales issues)
- State v. Collins, 299 Conn. 567 (Conn. (2011)) (Golding framework conditions)
