State v. Delgado

Decision Date20 September 1972
Citation297 A.2d 75,163 Conn. 641
CourtConnecticut Supreme Court
PartiesSTATE of Connecticut v. Roberto DELGADO.

The Supreme Court of the United States has issued an order dated June 29, 1972, in the case of Delgado v. Connecticut, 408 U.S. 940, 92 S.Ct. 2879, 33 L.Ed.2d 764, as follows: The "motion for leave to proceed in forma pauperis and the petition for a writ of certiorari granted. Judgment vacated insofar as it leaves undisturbed the death penalty imposed, and case remanded *** for further proceedings. See Stewart v. Massachusetts, 408 U.S. 845, 92 S.Ct. 2845, 33 L.Ed.2d 744 (1972)."

The original judgment in State v. Delgado, 161 Conn. 536, 290 A.2d 338, was rendered by the Superior Court for Hartford County on December 7, 1967, and the judgment of this court dated November 23, 1971, found no error in the judgment rendered by the Superior Court. The judgment of this court now having been vacated insofar as it left undisturbed the death penalty imposed by the Superior Court for Hartford County and the case having been remanded for further proceedings, it is ordered, that the judgment of the Superior Court dated December 7, 1967, be set aside insofar as it imposed the death penalty and the cause is remanded to the Superior Court for Hartford County for further proceedings and the imposition of penalty, all not inconsistent with the order of the Supreme Court of the United States in the case of Delgado v. Connecticut.

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4 cases
  • State v. Pastet
    • United States
    • Connecticut Supreme Court
    • June 24, 1975
    ...the death penalty and then remanded each case to the Superior Court for further proceedings and the imposition of penalty. State v. Delgado, 163 Conn. 641, 297 A.2d 75; State v. Davis, 163 Conn. 642, 316 A.2d On September 15, 1972, the defendant filed a motion in this court to 'reopen' the ......
  • State v. Cofone
    • United States
    • Connecticut Supreme Court
    • December 6, 1972
    ...for the limited purpose of resentencing the defendant to a term of life imprisonment. See the orders of this court in State v. Delgado, 163 Conn. 641, 297 A.2d 75, State v. Davis, 163 Conn. --, 316 A.2d The defendant's assignment of error concerning the imposition of the death penalty does ......
  • Davis v. Bryan
    • United States
    • U.S. Court of Appeals — Second Circuit
    • November 14, 1989
    ...limited purpose of resentencing the defendant to a term of life imprisonment.") (emphasis added) (citing Davis III; State v. Delgado, 163 Conn. 641, 297 A.2d 75 (1972)). The Pastet III court noted that the savings clause of Sec. 1-1(t) mandated the application of those parts of the repealed......
  • State v. Hall
    • United States
    • Connecticut Supreme Court
    • December 19, 1973
    ...161 Conn. 536, 540, 290 A.2d 338, vacated in part and remanded (on other grounds), 408 U.S. 940, 92 S.Ct. 2879, 33 L.Ed.2d 764; 163 Conn. 641, 297 A.2d 75; State v. Marquez, 160 Conn. 47, 273 A.2d 689; Heating Acceptance Corporation v. Patterson, 152 Conn. 467, 469-472, 208 A.2d 341. In bot......

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