State v. Amado

Decision Date16 July 1997
Citation697 A.2d 368,242 Conn. 906
CourtConnecticut Supreme Court
PartiesSTATE of Connecticut v. Eric AMADO.

Lauren Weisfeld, Assistant Public Defender, in support of the petition.

Susann E. Gill, Assistant State's Attorney, in opposition.

The defendant's petition for certification for appeal from the Appellate Court, 42 Conn.App. 348, 680 A.2d 974 (AC 15176), is granted. The case is remanded to the Appellate Court for reconsideration in light of State v. Johnson, 241 Conn. 702, 699 A.2d 57 (1997).

McDONALD, Associate Justice, dissenting.

I dissent from the majority's decision to remand the case to the Appellate Court because of the reasons I have set forth in my dissents in State v. Johnson, 241 Conn. 702, 699 A.2d 57 (1997), and State v. Small, 242 Conn. 93, --- A.2d ----, 1997 WL 438455 (1997).

This case is the companion case to State v. Small, supra, 242 Conn. 93, --- A.2d ----. Here, we have the convicted killer of two persons in their home in one incident, when the defendant, a drug dealer, attempted to forcibly take cocaine from the victims.

Opponents of the death penalty often cite the punishment of life imprisonment without parole as a fit alternative to capital punishment. That was the sentence imposed in this case for two simultaneous murders. This cursory remand completes the gutting of our capital felony statute as an effective deterrent to violent and dangerous crimes begun in Johnson and carried forward in Small.

I respectfully dissent.

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3 cases
  • State v. Amado
    • United States
    • Connecticut Supreme Court
    • August 15, 2000
    ...v. Amado, 42 Conn. App. 348, 362, 680 A.2d 974 (1996). We granted the defendant's petition for certification; State v. Amado, 242 Conn. 906, 697 A.2d 368 (1997); and remanded the case to the Appellate Court for reconsideration in light of State v. Johnson, 241 Conn. 702, 709, 699 A.2d 57 (1......
  • State v. Burke
    • United States
    • Connecticut Court of Appeals
    • February 16, 1999
    ...charged." (Citations omitted.) State v. Amado, 42 Conn. App. 348, 357-58, 680 A.2d 974 (1996), remanded for reconsideration, 242 Conn. 906, 697 A.2d 368 (1997), on reconsideration, 50 Conn. App. 607, 719 A.2d 45 (1998), cert. granted, 247 Conn. 953, 723 A.2d 811 (1999).4 The defendant's cla......
  • State v. Burke
    • United States
    • Connecticut Supreme Court
    • August 15, 2000
    ...rejected this argument, relying on its holding in State v. Amado, 42 Conn. App. 348, 362, 680 A.2d 974 (1996), cert. granted, 242 Conn. 906, 697 A.2d 368 (1997), that self-defense is not legally cognizable as a valid defense to a felony murder charge. We recently affirmed the Appellate Cour......

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