State v. Deptula
| Decision Date | 01 February 1994 |
| Docket Number | No. 14796,14796 |
| Citation | 228 Conn. 852,635 A.2d 812 |
| Court | Connecticut Supreme Court |
| Parties | STATE of Connecticut v. Paul W. DEPTULA. |
Rita M. Shair, Asst. State's Atty., with whom, on the brief, were Mark S. Solak, State's Atty., Paul J. Ferencek, Asst. State's Atty., and Mark Stabile, Supervisory Asst. State's Atty., for appellant (state).
William H. Paetzold, Deputy Asst. Public Defender, for appellee (defendant).
Before PETERS, C.J., and BORDEN, BERDON, NORCOTT and SANTANIELLO, JJ.
The sole issue in this criminal appeal is whether the defendant, Paul W. Deptula, who was convicted of the charge of assault in the second degree, presented sufficient evidence of self-defense at trial to entitle him to an instruction to the jury on that issue. In State v. Deptula, 31 Conn.App. 140, 143-48, 623 A.2d 525 (1993), the Appellate Court concluded that the trial court had improperly failed to give such an instruction. We granted the petition of the plaintiff, the state of Connecticut, to appeal the merits of this conclusion. 1
After examining the record on appeal and after considering the briefs and the arguments of the parties, we have determined that the appeal in this case should be dismissed on the ground that certification was improvidently granted.
The appeal is dismissed.
1 We granted the state's petition for certification to appeal limited to the following issue: "Did the Appellate Court properly conclude that there was sufficient evidence to support an instruction on self-defense?" State v. Deptula, 226 Conn. 911, 628 A.2d 984 (1993).
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State v. Carter, 12839
...220 Conn. 602, 619, 600 A.2d 1330 (1991); State v. Deptula, 31 Conn.App. 140, 147, 623 A.2d 525 (1993), appeal dismissed, 228 Conn. 852, 635 A.2d 812 (1994). When we are called on to review the trial court's failure to charge on the issue of self-defense after having been requested to do so......
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State v. Jackson
...and therefore, satisfies the provisions of § 852. In State v. Deptula, 31 Conn.App. 140, 623 A.2d 525 (1993), appeal dismissed, 228 Conn. 852, 635 A.2d 812 (1994), we discussed the requirements set forth in § 852 in the context of a claim that the defendant's written request to charge and e......
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...there is still an opportunity for correction. State v. Deptula, 31 Conn. App. 140, 146, 623 A.2d 525 (1993), appeal dismissed, 228 Conn. 852, 635 A.2d 812 (1994). The defendant's "situation" and mental state raise an issue that falls within the subjective-objective portion of the affirmativ......