State v. Artis

Decision Date04 October 2012
Citation53 A.3d 999,307 Conn. 909
CourtConnecticut Supreme Court
PartiesSTATE of Connecticut v. Troy ARTIS.

OPINION TEXT STARTS HERE

Laurie N. Feldman, special deputy assistant state's attorney, in support of the petition.

Lisa J. Steele, assigned counsel, in opposition.

The petition by the state of Connecticut for certification for appeal from the Appellate Court, 136 Conn. App. 568, 47 A.3d 419, is granted, limited to the following issues:

“1.Did the Appellate Court majority properly determine that admission of the victim's in-court and out-of-court identifications following a suggestive police display of the defendant's photograph was a reversible due process violation under Manson v. Brathwaite,432 U.S. 98, 97 S.Ct. 2243, 53 L.Ed.2d 140(1977)?

“2.If the answer to the first question is affirmative, should this court expressly overrule the holding of State v. Gordon,185 Conn. 402, 419–20, 441 A.2d 119(1981), cert. denied, 455 U.S. 989, 102 S.Ct. 1612, 71 L.Ed.2d 848(1982), that harmless error review is unavailable for...

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