SC 14908 | Conn. | Mar 17, 1994
The defendant’s petition for certification for appeal from the Appellate Court, 33 Conn. App. 184" date_filed="1993-12-07" court="Conn. App. Ct." case_name="State v. Morales">33 Conn. App. 184 (AC 11565), is granted, limited to the following issues:
“1. Did the Appellate Court properly conclude that, under the circumstances of this case, the proper test for ruling on the defendant’s motion to dismiss, under article first, § 8, of the Connecticut constitution, was the test articulated in Arizona v. Youngblood, 488 U.S. 51" date_filed="1989-01-23" court="SCOTUS" case_name="Arizona v. Youngblood">488 U.S. 51 (1988)?
“2. If the answer to question (1) is yes, did the Appellate Court properly conclude, under the circumstances of this case, that: (a) a motion to dismiss was a proper remedy for the alleged failure of the state to preserve potentially exculpatory evidence; and (b) a different standard would apply to a motion to suppress evidence based on the same conduct of the state?”