142 Conn. App. 793
Conn. App. Ct.2013Background
- Defendant Marvin R. Wilson was convicted after a jury trial of second-degree strangulation (CR-10-00107596) and criminal violation of a protective order (CR-11-0117455).
- The offenses arose from a July 12, 2010 assault on Colleen Gambino in the attic apartment at 102 Gilbert Street, New Haven, including choking and a later smothering attempt.
- A protective order against the defendant was issued July 13, 2010, prohibiting contact with Gambino; the defendant later made multiple phone calls and sent a threatening letter while the order was in effect.
- In June 2011 the State moved to join the two informations for trial; after briefing and argument, the court granted joinder and the cases were consolidated for trial.
- The jury found the defendant guilty of the strangulation charge (second-degree) and the protective order violation, but acquitted him of tampering with a witness.
- On appeal, Wilson challenged the trial court’s consolidation of the cases as improper; the court affirmed, holding no reversible error in joinder.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether joinder was proper under Practice Book § 41-19 | Cross admissibility supported joinder; evidence would be relevant in both cases. | Joinder risked substantial prejudice; separate trials were preferable. | Joinder affirmed; evidence cross admissible and, even if not, prejudice not substantial. |
| If not cross admissible, whether Boscarino factors show no substantial prejudice | Boscarino factors favor consolidation due to discrete, non-overwhelmingly prejudicial conduct. | Joinder could prejudice the strangulation case by inflammatory connection to prior conduct. | Court did not abuse discretion; factors weighed against prejudice. |
Key Cases Cited
- State v. Payne, 303 Conn. 538 (2012) (burden on State to show non-prejudice by joinder; cross admissibility or Boscarino factors)
- State v. LaFleur, 307 Conn. 115 (2012) (joinder standard; substantial prejudice burden on defendant)
- State v. Boscarino, 204 Conn. 714 (1987) (Boscarino factors for prejudice in joinder)
- State v. Yopp, 35 Conn. App. 740 (1994) (brutality/shock value and trial duration considerations in joinder)
- State v. Davis, 286 Conn. 17 (2008) (comparison of violence level to assess prejudice from joining offenses)
- State v. Gupta, 297 Conn. 211 (2010) (curative instructions and prejudice assessment in joinder)